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Motion to Dismiss › Pleading Standards › Dismissals

DLA Piper

Daly v. The Wonderful Company LLC: Key Considerations for Consumer Product Contaminant Litigation

DLA Piper on

On May 7, 2025, the US District Court for the Northern District of Illinois issued a significant decision in Daly v. The Wonderful Company LLC, No. 24 C 1267 (N.D. Ill.). The court dismissed with prejudice a putative class...more

Faegre Drinker Biddle & Reath LLP

Court Dismisses TCPA Case Due to Failure to Plausibly Allege That the Defendant Made the Calls at Issue

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A recent decision out of the Eastern District of Virginia, Matthews v. Senior Life Ins. Co., provides a helpful reminder that TCPA complaints do not satisfy Rule 8’s pleading standard if they do not plausibly link the...more

Epstein Becker & Green

New York Court of Appeals Holds That Child Victims Act Claims Brought Against the State of New York Must Meet Statutory...

Epstein Becker & Green on

In a unanimous ruling, the New York Court of Appeals held that the New York State Legislature did not alter the substantive pleading requirements of Section 11(b) of the Court of Claims Act (the “Act”) for claims brought...more

Dorsey & Whitney LLP

Eight Years Later: “Speculative” and “Straightforward” FCA Allegations Against Walmart Dismissed

Dorsey & Whitney LLP on

Walmart successfully ended eight years of protracted litigation under the False Claims Act (“FCA”) on June 4, 2021, when the Sixth Circuit affirmed dismissal of Medicare and Medicaid fraud allegations against the major...more

Proskauer - Employee Benefits & Executive...

Delegating Fiduciary Responsibilities Related to ESOP Results in Dismissal of ERISA Stock-Drop Claims

Proskauer - Employee Benefits & Executive... on

Among the many lawsuits Boeing confronted following the disclosure of problems with the 737 Max was a class action brought by participants in the Boeing Voluntary Investment Plan who invested in the Boeing ESOP. The...more

Harris Beach Murtha PLLC

Recent CERCLA Decisions in New York State Highlight Strict Pleading Standard

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Two recent decisions in New York state’s federal courts granted defendants’ motions to dismiss based on inadequately pled allegations, highlighting the strict pleading standard of the Comprehensive Environmental Response,...more

Proskauer - New England IP Blog

Complaint Sheltered From Dismissal In Patent Row Over Personal Tents

Proskauer - New England IP Blog on

A recent opinion from Judge Shea in the District of Connecticut sheds important light on the sufficiency of pleadings in declaratory judgment patent cases. Noting that declaratory judgment actions are of particular...more

Womble Bond Dickinson

Inapplicability of the "One Year" Limitations Tolling Period of the N.C. Rules of Civil Procedure

Womble Bond Dickinson on

In Murphy v. Hinton, No. COA14-1230 (July 7, 2015), the North Carolina Court of Appeals determined that a complaint dismissed voluntarily cannot benefit from the "one-year refiling" period pursuant to Rule 41(a)(1) of the...more

Goodwin

Business Litigation Reporter - May 2015

Goodwin on

Lawsuit Dismissed Where Defendant Hulu Did Not “Knowingly” Disclose Personal Identifying Information. In In re: Hulu Privacy Litigation, 2015 WL 1503506 (N.D. Cal. March 31, 2015), the plaintiffs alleged that Hulu had...more

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