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Motion to Dismiss › Statutory Interpretation › Pleading Standards

Foley & Lardner LLP

Alice Patent Eligibility Analysis Divergance before USPTO and District Court: Federal Circuit Clarifies Limits on Relying on USPTO...

Foley & Lardner LLP on

In our prior article, we discussed instances in which the U.S. Patent and Trademark Office (USPTO) and the district courts made different findings with regard to patent eligibility under 35 U.S.C. § 101. A recent...more

Littler

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

Littler on

The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict...more

McDermott Will & Emery

Third Circuit Perpetuates Tuomey’s Controversial Stark Law “Volume or Value” Standard

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit endorsed two controversial interpretations of the Stark Law’s “volume or value” standard, known as the correlation theory and the practice “loss” theory in U.S. ex rel. J. William...more

Womble Bond Dickinson

Middle District of Florida Court Finds Predictive Dialers Not Subject to TCPA Unless They Randomly or Sequentially Generate...

Womble Bond Dickinson on

Well Ocwen is certainly on a roll. Just weeks after delivering a stellar win on ATDS issues in Keyes, the feisty servicer is at it again, delivering TCPAland its first ATDS ruling out of the state of Florida following ACA...more

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