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Motion to Dismiss California

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

A&O Shearman

Northern District of California Denies Motion To Dismiss Putative Class Action Based On Financial Services Company’s Alleged...

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On July 29, 2024, Judge Trina L. Thompson of the United States District Court for the Northern District of California denied a motion to dismiss a putative securities class action brought by investors against a financial...more

ArentFox Schiff

Disney Uses First Amendment ‘Right Not To Associate’ In Motion to Dismiss Mandalorian Lawsuit

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The First Amendment permits employers engaged in artistic expression to disassociate from employees who make inflammatory statements, Disney argued in a recent motion to dismiss a lawsuit brought by Gina Carano, an actress in...more

Proskauer - Employee Benefits & Executive...

California District Court Denies Motion to Dismiss 401(k) Excessive Fee and Underperformance Claims

A California district court recently denied a motion to dismiss claims that the fiduciaries of a 401(k) plan breached their ERISA fiduciary duties of prudence and loyalty by selecting underperforming, high-cost investments...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Court Grants Motion To Dismiss in Kadrey AI Training Data Case

Court Grants Motion To Dismiss in Kadrey AI Training Data Case - In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta...more

ArentFox Schiff

Breach of Open-Source License Claim Against AI Coding Assistant May Continue, Court Says

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In an early test of a potential landmark lawsuit involving generative AI coding tools, a claim for breach of open-source licenses partially survived the defendants’ motion to dismiss. The case joins a recent trend of...more

Patton Sullivan Brodehl LLP

The “DAO Jungle” Chronicles: Federal Court Allows DAO to be Sued as a Partnership

In a prior post — The DAO Jungle? — we recapped the State of Wyoming’s new legislation extending LLC protections to Decentralized Autonomous Organizations (DAOs). Under that Wyoming law, a DAO could register as a LLC and its...more

Foley & Lardner LLP

FCA Managed Care Case Update: A Court’s View of ICD Guidelines in Risk Adjustment Cases

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Addressing a recent motion to dismiss, the Northern District of California predominantly denied Kaiser Permanente’s (“Kaiser”) motion to dismiss the government’s complaint in United States ex rel. Osinek v. Permanente Medical...more

Foley & Lardner LLP

Court Order Reminds California Employers to Think Twice About Moving to Dismiss UCL Claims in Wage and Hour Litigation

Foley & Lardner LLP on

The U.S. District Court for the Central District of California recently handed a win to employees seeking to bring multiple wage and hour claims in a lawsuit. That case, Ayala v. U.S. Xpress Enterprises, Inc., involved a...more

Proskauer - Corporate Defense and Disputes

Dis-Honest: Judge Allows Lawsuit against Jessica Alba Company to Move Forward

A judge in the United States District Court for the Central District of California has allowed a lawsuit against actress Jessica Alba’s child and personal care company Honest to move forward. The case is the latest in a...more

King & Spalding

Wong v. Restoration Robotics: California Appellate Court Upholds Federal Forum Selection Provision for Securities Act Claims

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On April 28, 2022, the Court of Appeals of California, First District, upheld a corporate charter provision requiring shareholders to file Securities Act of 1933 (“Securities Act”) lawsuits in federal court. This is the...more

ArentFox Schiff

Diet and Wellness Giant Fails To Cancel California Autorenewal Class Action

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A federal district court recently found that a large diet and wellness company likely violated California’s Automatic Renewal Law by failing to send consumers confirmation emails that included specific instructions about how...more

Patterson Belknap Webb & Tyler LLP

Blurred Immunity: California Cannot Escape Adversary Proceeding on Grounds of Sovereign Immunity

In 2018, the liquidating trustee for Venoco, LLC and its affiliated debtors (collectively, the “Debtors”) commenced an action in the United States Bankruptcy Court for the District of Delaware seeking monetary damages from...more

ArentFox Schiff

Class Action Targeting ‘Recyclable’ Claims Used in Connection With Single-Serve Coffee Pods Moves Forward

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In September 2018, a consumer filed a putative class action in California against Keurig Green Mountain, Inc. The consumer alleged that the company is participating in deceptive business practices by marketing,...more

King & Spalding

California Federal Court Partially Dismisses Ticket-Refund Case Brought Against Major League Baseball Based On COVID-19...

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On October 6, 2020, the Central District of California issued two orders in litigation stemming from COVID-19 ticket refunds. The first order dismissed claims against Major League Baseball (“MLB”) and certain out-of-state...more

Pillsbury Winthrop Shaw Pittman LLP

Court Dismisses COVID-19 Flight Cancellation and Refund Class Action Lawsuit Brought Against Norwegian Air

With airlines facing over 30 class actions across the country seeking refunds for COVID-19 related flight cancellations, Pillsbury client Norwegian Air is the first to obtain a dismissal with prejudice. Boilerplate...more

ArentFox Schiff

Alert Newsletter: Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses

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Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses - Legal Newsline - A California federal court has refused to throw out a lawsuit that challenges the state’s...more

Faegre Drinker Biddle & Reath LLP

Court Dismisses Claims that Shopping Platform was Directly or Vicariously Liable for Retailer’s Texts

The Northern District of California recently granted a motion to dismiss, finding the plaintiff failed to plausibly allege that e-commerce platform Shopify was directly or vicariously liable for the alleged TCPA violations of...more

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