Episode 322 -- Checking in on Caremark Cases
On April 21, 2022, the Northern District of Georgia granted a motion to dismiss a False Claims Act (“FCA”) suit brought against ERMI LLC (“ERMI”), a medical device manufacturer, describing the complaint as a “shotgun...more
In a recent published, precedential opinion, Oakwood Laboratories LLC v. Thanoo, 999 F.3d 892 (3d Cir. 2021), the Third Circuit clarified the pleading standard necessary to allege a trade secret misappropriation claim under...more
When serving pleadings in an adversary proceeding, you may want to skip the certified option and go with regular first-class mail, or do both. Federal Rule of Bankruptcy Procedure 7004 governs service of process in...more
My history with shotguns is not good. I was a pre-teen the first time I ever picked up a shotgun. Daddy thought I should have a target practice lesson in our back yard, but the recoil from my first shot almost took off my...more
The United States District Court for the District of Connecticut recently granted a Defendant’s motion to dismiss Plaintiffs’ TCPA claims because Plaintiffs failed to adequately allege facts supporting an inference that...more
Rule 23.1 of the Delaware Court of Chancery Rules requires a plaintiff asserting a shareholder derivative action to plead “with particularity the efforts, if any, made by the plaintiff to obtain the action the plaintiff...more
National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly particularised claims and...more
In January, the Supreme Court issued its highly anticipated opinion in Retirement Plans Committee of IBM v. Jander, No. 18-1165, a case that promised to clarify the pleading standard applicable to ERISA stock-drop cases. But...more
On November 14, 2018, the United States Court of Appeals for the Third Circuit affirmed the dismissal of and denial of leave to amend a putative class action complaint against Altisource Asset Management Corporation (“AAMC”)...more
Federal Circuit Summary - Before Prost, Wallach, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: TTAB did not abuse its discretion by (1) refusing to consider factual assertions made in a brief,...more
In a recent decision in In re Paulsboro Derailment Cases, the Third Circuit affirmed the dismissal of a case brought by plaintiffs who alleged that they had been exposed to airborne chemicals following a train derailment....more
The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we are...more
A recent Sixth Circuit opinion in U.S. ex rel. Hirt v. Walgreen Co. should come as welcome news for FCA defendants concerned about the implications of the Sixth Circuit’s application last year, for the first time, of a...more
We are pleased to present Inside the Courts (Volume 8, Issue 3), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more
On June 27, 2016, the Colorado Supreme Court announced a major change to the standard for pleading claims in state court. Warne v. Hall, 2016 CO 50, held that the U.S. Supreme Court’s Iqbal/Twombly plausibility standard...more
Patent owners and businesses should be prepared for yet another change to patent infringement litigation. In April 2015, the U.S. Supreme Court adopted Congress’s amendments to the Federal Rules of Civil Procedure, which went...more
In 2007, the United States Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007), significantly modified the standard of review applied to motions to dismiss in federal courts. A few years later, in 2009,...more
In Miljkovic v Shafritz & Dinkin, 2015 WL 3956570, a panel of the 11th Circuit held that representations made by an attorney in required court filings during the course of debt collection litigation can be actionable under...more
At first glance there seems to be a saving grace in the North Carolina Rules of Civil Procedure for plaintiffs who are running up against the deadline for filing a lawsuit, i.e., Rule 41(a)(1). Rule 41(a)(1) provides that if...more
It is not uncommon for a party to seek leave to amend as an alternative form of relief in response to a motion to dismiss or for summary judgment. But it may not be enough to just say that if the court is inclined to grant...more
A federal judge in the Southern District of New York recently sustained the SEC’s insider-trading complaint against two alleged tippees, holding that, under the pleading standard applicable to a motion to dismiss, the SEC...more
Too many times a defendant is forced to foot the bill for costly discovery and motion practice before being able to successfully challenge class allegations. The recent decision in Bell v. Cheswick Generating Station, et al.,...more
Sometimes, I find it useful to take a step back and review the legal standard applicable to securities fraud claims under Section 10(b) and Rule 10b-5. To stay in court, and securities litigation all about surviving motions...more
The Sixth U.S. Circuit Court of Appeals recently issued a significant decision clarifying the pleading standards in securities litigation, clarifying what must be alleged to impute a corporation with knowledge of alleged...more
White v. Mazda Motor of Am., Inc., 313 Conn. 610 (2014) - This case illustrates the importance of sufficiently pleading claims and defenses, and moving for leave to amend the pleadings if there is some question or...more