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Motion to Dismiss Split of Authority

Womble Bond Dickinson

Plaintiffs Alleging Use of Predictive Dialer Defeat Motion to Dismiss TCPA Class Action

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A federal district court in Illinois recently denied an insurance provider’s motion to dismiss a TCPA class action complaint, finding that the alleged use of a predictive dialer was sufficient at the pleading stage. In...more

Dorsey & Whitney LLP

SCOTUS Denies Review of Dismissal at DOJ’s Request; Circuit Split Remains

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On June 28, 2021, the United States Supreme Court denied review of a Seventh Circuit decision affirming the Department of Justice (“DOJ”)-requested dismissal of a False Claims Act (“FCA”) suit alleging a drug kickback scheme....more

BCLP

Seventh Circuit Weighs in on Circuit Split and Concludes that Courts Cannot Grant Rule 12(b)(6) Motions to Dismiss Solely Because...

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In Marcure v. Lynn, --- F.3d ---, 2021 WL 1138110 (Mar. 25, 2021), the Seventh Circuit joined six of its sister circuits (and split from two others) in concluding that Federal Rule of Civil Procedure 12(b)(6) prevents courts...more

Latham & Watkins LLP

Seventh Circuit Deepens Circuit Split Over FCA Dismissal Authority

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The Seventh Circuit has created a third standard for evaluating motions to dismiss pursuant to the government’s FCA dismissal authority. The US Court of Appeals for the Seventh Circuit’s August 17, 2020, opinion in United...more

WilmerHale

Supreme Court Suggests Claim Preclusion May Be Less Relevant to Trademark Cases and Questions Its Applicability to a Defense...

WilmerHale on

On May 14, 2020, the U.S. Supreme Court decided Lucky Brand Dungarees, Inc., et al. v. Marcel Fashions Group, Inc., No. 18-1086, addressing the subjects of claim and issue preclusion. The Court held that claim preclusion (or...more

Dorsey & Whitney LLP

A Lucky Day at the Supreme Court for Lucky Brand

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Lucky Brand has emerged victorious in the latest skirmish of its nearly 20-year trademark litigation battle with Marcel Fashions, a competitor in the apparel business. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group,...more

Proskauer - Minding Your Business

Supreme Court Narrowly Rejects Second Circuit’s Sweeping “Defense Preclusion” Doctrine

Earlier this month, the United States Supreme Court unanimously rebuffed the Second Circuit’s attempt to expand the scope of res judicata to include the so-called concept of “defense preclusion” – a novel doctrine that would...more

Bradley Arant Boult Cummings LLP

Lucky Brand v. Marcel: Lucky Brand Gets Lucky on Claim Preclusion

The outdated pair of acid washed jeans that your dad wears to mow the lawn seem brand new in comparison to the nearly 20 years of litigation between Lucky Brand and Marcel over the use of various “Lucky” trademarks. Last...more

Goulston & Storrs PC

Supreme Court Changes Lucky Brand’s Luck in 20-Year Trademark Dispute

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On May 14, 2020, the Supreme Court of the United States issued its opinion in the latest round of a 20-year long trademark dispute between Lucky Brand Dungarees, Inc. and Marcel Fashion Group, Inc. over the use of “Lucky.” ...more

Jackson Walker

Supreme Court Addresses “Defense Preclusion” as a Component of Res Judicata in New Trademark Decision

Jackson Walker on

In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., the United States Supreme Court recently considered for the first time whether and the extent to which it should recognize “defense preclusion” as a valid...more

Jones Day

A Lucky Day for Lucky Brand: U.S. Supreme Court Rejects Second Circuit's Defense Preclusion Test - The Court rules in favor of...

Jones Day on

In a unanimous opinion, the U.S. Supreme Court ruled in favor of jeans manufacturer, Lucky Brand Dungarees, Inc. ("Lucky"), in its protracted trademark battle with Marcel Fashions Group, Inc. ("Marcel"), holding that Lucky...more

Akerman LLP - Marks, Works & Secrets

After Almost 20 Years of Litigation, “Lucky” Finally Gets Lucky

On May 14, 2020, the United States Supreme Court held in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., that a party is not precluded from raising new defenses, when a subsequent lawsuit between the same...more

Blank Rome LLP

Lucky Brand Gets Lucky in Trademark Fight: SCOTUS Unanimously Strikes Opponent’s Novel Defense Preclusion Theory

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Competitors with similar trademarks can find themselves in long-running trademark disputes, making for bitter rivals. Multiple rounds of litigation are not only contentious, but also expose litigants to procedural pitfalls....more

Eversheds Sutherland (US) LLP

Marcel Fashions Group did not “get lucky” with the doctrine of defense preclusion

On May 14, 2020, in a unanimous opinion authored by Justice Sotomayor, the US Supreme Court overturned the “defense preclusion” doctrine proposed by the Second Circuit, upholding the requirement that preclusion of a defense...more

BakerHostetler

No Luck Needed for Lucky Brand at the Supreme Court

BakerHostetler on

The Supreme Court yesterday issued its second trademark decision of this term. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., Case No. 18-1086 (S. Ct. May 14, 2020), the ultimate question before the Court was...more

Dorsey & Whitney LLP

The Supreme Court - May 14, 2020

Dorsey & Whitney LLP on

Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., No. 18-1086: Petitioner Lucky Brand Dungarees and respondent Marcel Fashions Group have been engaged in three separate rounds of trademark-related litigation over a...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc.

On May 14, 2020, the Supreme Court of the United States decided Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc., No. 18-1086, holding that a party is not precluded from raising defenses submitted in earlier...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Rejects ‘Defense Preclusion’ in Trademark Suit

On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand Dungarees, Inc. (Lucky...more

Snell & Wilmer

Supreme Court Determines No Claim Preclusion of Defense in Trademark Infringement Suit

Snell & Wilmer on

Today, a unanimous Supreme Court held in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group., Inc. that claim preclusion did not prevent Lucky Brand from asserting a defense it failed to fully litigate in a prior lawsuit...more

Mintz - Intellectual Property Viewpoints

Defense in Trademark Action Not Precluded by Failure to Raise Same Defense in Earlier Action

The Supreme Court unanimously held this week that Lucky Brand was not precluded from mounting a new defense in its litigation with Marcel Fashions Group — despite having chosen not to bring up the same defense in a prior...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Rules That Lucky Brand Is Not Precluded from Raising a Defense in a Later Suit for Failing to Litigate the Defense...

Yesterday, the U.S. Supreme Court issued a unanimous opinion in a long-running trademark dispute: Lucky Brand Dungarees, Inc., et al. v. Marcel Fashions Group, Inc., No.  The question presented to the Court was whether Lucky...more

Goodwin

DOJ Downplays Circuit Split on FCA Deference to Government Dismissals of Whistleblower Actions

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On Wednesday, March 4, 2020, the United States Department of Justice (DOJ) filed a brief with the United States Supreme Court asking the Court to decline review of a case concerning the government’s power to dismiss qui tam -...more

A&O Shearman

Federal Court Denies Motion To Dismiss Section 20A Insider Trading Claims, Finding Plaintiffs Sufficiently Pleaded Scienter Where...

A&O Shearman on

On July 1, 2019, Judge Michael A. Shipp of the United States District Court for the District of New Jersey denied a motion to dismiss a complaint alleging insider trading in violation of Section 20A of the Securities Exchange...more

Bradley Arant Boult Cummings LLP

Supreme Court Recognizes Extended False Claims Act Statute of Limitations for Whistleblowers - Government Enforcement Update

Resolving a circuit split, the United States Supreme Court in Cochise Consultancy, Inc. v. U.S. ex rel. Hunt held that False Claims Act (FCA) whistleblowers are able to take advantage of an expanded statute of limitations,...more

Baker Donelson

The Aftermath of the DOJ Granston Memo

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The Director of the Civil Fraud Section of the Department of Justice (DOJ), Michael Granston, issued a memo in January 2018 noting the recent increase in qui tam lawsuits filed under the False Claims Act (FCA). The Granston...more

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