Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
(Podcast) The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
RICO's Person/Enterprise Distinction - RICO Report Podcast
Bar Exam Toolbox Podcast Episode 286: Listen and Learn -- Conclusory Pleadings Under Rule 12(b)(6) (Civ Pro)
Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast
Episode 322 -- Checking in on Caremark Cases
Bar Exam Toolbox Podcast Episode 208: Listen and Learn -- Motions to Dismiss a Case
Podcast: The Briefing by the IP Law Blog - The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick
The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick
The Briefing by the IP Law Blog: Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit
Podcast: The Briefing by the IP Law Blog - Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit
Podcast: The Briefing by the IP Law Blog - Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
The Briefing by the IP Law Blog: Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast
Anatomy of a Successful Motion to Dismiss in RICO Case
A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
Case Involving Burger King Employee Spitting in Officer’s Burger Goes Before WA Supreme Court
The Ontario Superior Court recently refused to certify a class action against four international airlines. The plaintiff alleged that the airlines conspired to constrain capacity for transborder travel between the United...more
Georgia Governor Brian Kemp signed sweeping tort reform legislation into law on April 21, 2025. Senate Bills 68 and 69, which narrowly passed the House after receiving unanimous support in the Georgia Senate, were identified...more
In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’...more
Makins v. Palace Rehab & Care Ctr. and Premier Cadbury, LLC, No. A-2263-23 & A-2276-23 (April 24, 2025) - The petitioner’s legal dispute arose from a series of workers’ compensation claims related to injuries sustained during...more
Vandever v. Stair, 2025 WL 523863 (Pa. Super. Ct. 2025) - The Pennsylvania Superior Court upheld the dismissal of a medical negligence claim against a physician, finding that the plaintiff failed to present sufficient...more
In one of the most closely watched issues before the Georgia Legislature this year, Georgia law has been amended through two tort reform bills, Senate Bills 68 and 69. These bills will impact various aspects of Georgia’s...more
Baranowski v. City of Newark, Docket No. A-2262-23, NJ Super., App. Div., Mar 11, 2025 - The plaintiff tripped and fell in a pothole in the City of Newark. There were no complaints reported about this pothole prior to this...more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
Previously, this Blog examined the doctrine of res judicata (here, here, here and here). Under the doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties...more
Massachusetts courts issued several important product liability decisions in late 2023 and 2024. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more
On February 20, 2025, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failing to identify explicit language establishing an expectation of privacy to the...more
“Because Congress intended inter partes reviews to serve as a faster and more cost-effective alternative to litigating validity in district courts, discovery in inter partes reviews is limited.” See Garmin Int’l, Inc. v....more
Kouatli v. Endeavor Energy Resources L.P. offers valuable (and obvious) lessons on how NOT to perform a Master Service Agreement in the oil patch (or, per Billly Bob and friends, “The Patch”), to wit...more
In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more
In Katsorhis v. 718 W. Beech St, LLC, 2025 N.Y. Slip Op. 00211 (1st Dept. Jan. 15, 2025) (here), the Appellate Division, Second Department considered a fraud claim that the lower court sustained on the grounds that defendant...more
In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction. This conspiracy held that the federal government manipulated the weather as Hurricane Helene hit North Carolina...more
What's the difference? There are three main ways for a defendant to bring a lawsuit to an end. Each involves a different level of proof – and of expense and hassle. It's better to get a lawsuit “disposed of” as early as...more
Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that may or may not be what is called “domestic contretemps” come down to credibility determinations. Which party is...more
A panel from the U.S. Court of Appeals for the Eleventh Circuit that covers the states of Florida, Georgia and Alabama issued a decision on July 12, 2024, that clarified what a trial court can rely on in deciding a motion to...more
Judge Richard Platkin of Albany County recently handed down a stark reminder to Defendant Walid Darwish: everyone has to follow the rules of the road, even the person who writes the rules and owns all the cars. On April 26,...more
Last week, the Supreme Court of Texas addressed the quantum of evidence required for a plaintiff to support a prima facie case and survive a motion to dismiss brought under the Texas Citizens Participation Act, Texas’s...more
On October 11, 2022, the Commercial Division Justice for Bronx County, Justice Gomez, issued a decision on a motion to dismiss in Chen v Fox Rehab. Servs., P.C., 175 N.Y.S.3d 713, 2022 NY Slip Op 50986(U) (Sup. Ct. Bronx...more
If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges and justices strive to finish the year’s work before new...more
It’s hard not to feel sorry for the petitioner in Fernandes v Matrix Model Staffing, Inc., Decision and Order, Index No. 160294/2021 [Sup Ct, NY County Apr. 20, 2022]. In Fernandes, Manhattan Supreme Court Justice Frank...more
The U.S. Department of Justice (DOJ) is cracking down on healthcare fraud, and many providers are finding themselves facing serious allegations. This includes criminal allegations in many cases. If these allegations lead to a...more