Lauryn Hill's Tax Evasion a 'Battle for Survival': Lawyer
The Eleventh Circuit recently reaffirmed its stance on shotgun pleadings, reiterating in Barmapov v. Amuial that district courts are within their discretion to dismiss with prejudice a shotgun pleading filed by a litigant...more
On October 2, 2018, the U.S. District Court for the Western District of Pennsylvania federal court denied a Rule 12(b)(6) motion to dismiss a SOX whistleblower retaliation claim, reasoning that Plaintiff sufficiently alleged...more
Two recent Federal Circuit decisions in the U.S., both penned by Judge Moore, significantly raise the bar for accused infringers seeking to invalidate patents on § 101 grounds before trial. Although one prior Federal Circuit...more
Given the volume of district court decisions regarding Section 101, I typically don't find ones that stand out enough to warrant discussion. But last week's decision by Judge Stark in MAZ Encryption Technologies LLC v....more
On December 1, 2015, changes recommended by the Judicial Conference Advisory Committee on the Federal Rules of Civil Procedure and adopted by the Supreme Court will take effect. Among these changes is elimination of the...more
This is an interesting decision for its discussion on what must be pled to obtain Chancery jurisdiction in a claim seeking to pierce the corporate veil. It is not enough to just allege the entity was used to defraud. Rather,...more
In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were either African-American or Hispanic) alleged that their employer, the New York City Housing Authority...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
After a defendant succeeded on a Motion for a More Definite Statement, a plaintiff added more detail to the claims that had been dismissed. The defendant responded to the beefed up allegations with a Motion to Strike....more
In Landers v. Quality Communciations, Inc., et al., No. 12-15890, published November 12, 2014 (Landers), the Ninth Circuit held it is not enough for a complaint under the Fair Labor Standards Act to merely allege that the...more