News & Analysis as of

Motion to Dismiss Software

A&O Shearman

Southern District Of New York Grants Motion To Dismiss Putative Securities Class Action Against Software Company

A&O Shearman on

On March 27, 2025, Judge John G. Koeltl of the United States District Court for the Southern District of New York granted a motion to dismiss a putative securities class action asserting claims against a software company and...more

Mintz - Antitrust Viewpoints

DOJ Reaffirms Stance on Algorithmic Price Fixing, While Federal Judge Dismisses Price Fixing Complaint Against Software Company —...

On March 27, the Department of Justice Antitrust Division submitted a Statement of Interest (SOI) in a pricing algorithm case, in which it continues to argue that the use of third-party algorithmic price devices may...more

A&O Shearman

California District Court Grants Software Company’s Motion To Dismiss In Algorithmic Price Fixing Case

A&O Shearman on

On March 21, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted defendant software company’s motion to dismiss plaintiffs’ claims of price-fixing under the Sherman...more

Patterson Belknap Webb & Tyler LLP

A Less Than Five-Star Review: Judge Furman Grants Motion to Dismiss Finding Claims Directed to a Rating System to be Abstract

On January 3, 2025, District Judge Jesse M. Furman granted Defendant Trustpilot, Inc.’s (“Trustpilot”) Motion to Dismiss Linfo IP, LLC’s (“Linfo”) complaint alleging that Trustpilot directly and indirectly infringed U.S....more

Proskauer on Privacy

Now Trending: The TikTok Dox

Proskauer on Privacy on

Plaintiffs are persistently crafting creative legal theories to target tracking technologies. One new approach is to characterize tracking technologies as “pen registers” or “trap and trace devices” used in violation of...more

Holland & Knight LLP

Latest Collusion-by-Algorithm Ruling Offers More of Same, but a Significant New Twist

Holland & Knight LLP on

Starting in October 2022, companies that use software to assist in setting prices for their products have faced an avalanche of litigation claiming that the common use by competitors of the same pricing software inflates...more

Hudnell Law Group

Intrinsic Record Paramount In Rule 12 Eligibility Determinations

Hudnell Law Group on

In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under...more

ArentFox Schiff

Big Lie Continues to Plague Fox Corporation in Smartmatic Defamation Case

ArentFox Schiff on

A New York court once again declined to dismiss Smartmatic’s defamation lawsuit against Fox Corporation over Fox News’s coverage of Donald Trump’s “Big Lie.” The court found that the parent company, Fox Corporation, could...more

Spilman Thomas & Battle, PLLC

Revisiting…Are Automakers Making Sufficient Efforts to Protect Customer Data?

As a follow-up to our previous article and webinar, “Are Automakers Making Sufficient Efforts to Protect Customer Data?”, we are addressing the recent 9th Circuit decision in Jones v. Ford Motor Co. At issue in this matter...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2023

Seward & Kissel LLP on

Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

Vondran Legal on

In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Vondran Legal

The Professional Copyright Plaintiff and the Statute of Limitations

Vondran Legal on

There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more

ArentFox Schiff

BIPA Class Actions – 2022 Round-Up

ArentFox Schiff on

Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time,...more

Faegre Drinker Biddle & Reath LLP

Snapchat’s ‘Speed Filter’: Georgia Supreme Court Revives Negligent Design Claim

On March 15, 2022, the Georgia Supreme Court revived a negligent design claim that had been brought against Snapchat, Inc. (n/k/a Snap, Inc.) involving Snap’s “Speed Filter.” As one of the few decisions across the country...more

McDermott Will & Emery

New or Not, Object-Oriented Simulation Patent Ineligible Under § 101

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that patent claims directed to an object-oriented simulation were subject matter ineligible under 35 USC § 101. Simio,...more

Proskauer - Minding Your Business

Jeep Drivers’ Claims Come to a Screeching Halt: Hypothetical Hacking Threat Does Not Confer Article III Standing

On March 27, 2020, a five-year legal battle between three certified classes of Jeep Cherokee drivers and Fiat Chrysler came to a sudden end, when a federal judge in the Southern District of Illinois held that allegations that...more

Robinson+Cole Data Privacy + Security Insider

Facebook calls Illinois Biometric Law Unconstitutional

In the ongoing saga of Facebook’s challenge of the Illinois Biometric Law, it declared last week that the Illinois law violates the United State Constitution. According to Facebook’s Answer in a suit filed against it in...more

Robins Kaplan LLP

The Future is Now

Robins Kaplan LLP on

More than a decade ago Steve Spielberg’s Minority Report contemplated a future in which facial recognition would be ubiquitously used for targeted advertising. Now, a California court will decide whether to dismiss a...more

Patterson Belknap Webb & Tyler LLP

Judge Cote Finds Initiating Lawsuits to Obtain Settlements Rather Than a Determination on the Merits is Not an Abuse of Process

On July 28, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants AlphaCap Ventures, LLC’s, a non-practicing entity, and Richard Juarez’s (collectively, “AlphaCap”) motion to dismiss plaintiff Gust, Inc.’s (“Gust”)...more

Robinson+Cole Data Privacy + Security Insider

Fiat moves to dismiss proposed class action suit

Late last week, Fiat filed a Motion to Dismiss the proposed class action against it following reports of hacking into vehicle information systems and its announcement that it was recalling 1.4 million Dodge, Ram and Jeep...more

Cozen O'Connor

Ignorance Is Not Bliss: The 60-Day Clock under the ACA’s “Return and Report Rule” Can Start Ticking Well Before the Exact Amount...

Cozen O'Connor on

On August 3, 2015, a federal judge in the Southern District of New York ruled that the United States’ and state of New York’s complaints in intervention can move forward against a group of hospitals, under the federal False...more

Morris James LLP

Plaintiff Survives Motion To Dismiss Provided Complaint Is Amended To Include Record Generated Through Motion Practice

Morris James LLP on

Robinson, J. Defendants’ motions to dismiss the complaint for failure to state a claim are denied. Claim 1 is a method claim and the accused network congestion management practices are used by defendants internally. The...more

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide