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Motion to Dismiss › Statute of Limitations › Litigation Strategies

Orrick, Herrington & Sutcliffe LLP

District court grants partial CFPB win in credit reporting case

Orrick, Herrington & Sutcliffe LLP on

On May 5, the U.S. District Court for the Central District of California granted in part and denied in part a motion to dismiss filed by the defendant, a consumer reporting agency, in a case brought by the CFPB in January...more

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

Kohrman Jackson & Krantz LLP on

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

ArentFox Schiff

Moana’s Legal Odyssey: Five-Year Copyright Dispute Ends With Disney Sailing Free

ArentFox Schiff on

This month, after half a decade of litigation, the copyright infringement case against Disney over its beloved animated film Moana finally reached a conclusion, with a jury finding non-infringement after deliberating for just...more

Venable LLP

Judge Tells FTC That It Can’t Have Its Part III and Eat It, Too

Venable LLP on

I’ve never really understood the saying “You can’t have your cake and eat it, too,” but I was reminded of it when I read U.S. District Judge Amy Totenberg’s opinion rejecting the FTC’s efforts to stay or voluntarily dismiss...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: What is the Statute of Limitations on a Products Claim Under Arkansas Law?

Mitchell, Williams, Selig, Gates & Woodyard,... on

For a products liability claim in Arkansas, the general rule is that a lawsuit shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. In...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Carlton Fields

“Waive” Your Undeveloped Arguments Goodbye

Carlton Fields on

The case of Mid-S. Iron Workers Welfare Plan v. Harmon, 645 F. App’x 661 (10th Cir. 2016), teaches a valuable, if oft-repeated reminder: undeveloped arguments in the lower court may not be considered on appeal. Harmon...more

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