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Summary Judgment Motion to Dismiss

Troutman Pepper Locke

Texas Federal District Court Grants Summary Judgment on FDCPA and TDCA Claims Over Texts and Calls to a Wrong Number

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In a recent decision from the U.S. District Court for the Southern District of Texas, the court granted summary judgment in favor of the defendants in a Fair Debt Collection Practices Act (FDCPA) and Texas Debt Collection Act...more

Offit Kurman

Three Things to Know About Notices to Admit in New York

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In New York litigation, a well-timed notice to admit can sharpen the issues, trim trial time, and lock in key facts. But it’s a tool that must be used strategically. When used correctly, it can streamline document...more

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

Mold/Common Law Action: Maryland Appellate Court Addresses Negligence/Nuisance Claims

The Appellate Court of Maryland (“App. Ct.”) addressed in a June 27th Opinion issues arising out of alleged mold exposure. See Candace McCarthy v. Board of Commissioners for Frederick County, Maryland, 2025 WL 1778818....more

Nelson Mullins Riley & Scarborough LLP

How to Navigate an Adversary Proceeding in Bankruptcy

When a bankruptcy case is filed, most disputes are addressed through motions and hearings within the main case. However, certain matters demand more formal litigation—complete with a complaint, discovery, and trial. These...more

Kilpatrick

Illinois Federal Court Dismisses BIPA Claim Against Hyundai Over Driver Monitoring Technology

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A federal court in Illinois has dismissed a class action suit filed under the Illinois Biometric Information Privacy Act (BIPA), finding that Hyundai did not “collect, capture, or otherwise obtain” biometric data by use of...more

Jackson Lewis P.C.

Florida District Court Declines to Expand ERISA Disclosure Requirements

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A Florida district court recently gave TECO Energy, Inc. another victory in an ERISA case when it dismissed Plaintiff’s proposed class action with prejudice. Roche v. Teco Energy, Inc., No. 8:23-cv-01571, 2025 U.S. Dist....more

Ervin Cohen & Jessup LLP

No “Sale,” No Trademark: Ninth Circuit Dismisses “WallStreetBets” Founder’s Infringement Claim Against Reddit for Lack of...

On June 11, 2025, in likely the most significant ruling of the longstanding feud between the social media website, Reddit, Inc., and the founder of its notorious “WallStreetBets” subreddit community, Jaime Rogozinski, the...more

Davies Ward Phillips & Vineberg LLP

Class Action Grounded: Court Finds Insufficient Factual Basis for Airline Capacity Constraint Suit

The Ontario Superior Court recently refused to certify a class action against four international airlines. The plaintiff alleged that the airlines conspired to constrain capacity for transborder travel between the United...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Tackling Litigation Imbalance

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This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more

Farrell Fritz, P.C.

Out-of-State, Out of Luck: Commercial Division Justice Dismisses PPE Suit for Lack of Jurisdiction

Farrell Fritz, P.C. on

A recent decision from the Manhattan Commercial Division reminds us that even substantial and high-profile transactions tied to the state may not be enough to establish personal jurisdiction over an out-of-state defendant. In...more

Jones Day

U.S. Supreme Court Encourages Federal Rule 7(a)(7) Replies—A Potential Boon for Defendants

Jones Day on

The U.S. Supreme Court recently reminded district courts that they may use Federal Rule of Civil Procedure 7(a)(7)—a little-known rule—to screen out meritless complaints before discovery....more

Orrick, Herrington & Sutcliffe LLP

CFPB argues challenge to its funding mechanism is premature

On May 29, the CFPB filed a response to a letter from the defendants notifying the U.S. SDNY of the Bureau’s intention to file a motion to dismiss the CFPB’s second amended complaint based on the Bureau’s alleged lack of...more

Wiley Rein LLP

Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

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On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts...more

Venable LLP

The Libel-Proof Plaintiff

Venable LLP on

The “libel-proof plaintiff” doctrine provides an independent ground for dismissing a defamation cause of action on the basis that a person with a widespread reputation for bad or dishonest behavior may not recover....more

Marshall Dennehey

Connecticut Court Denies Summary Judgment in Uninsured Motorist Claim Over Unexhausted Coverage Limits

Marshall Dennehey on

Latney v. Fernandez, 2025 WL 457693, No. HHD-CV-23-6168441S (Sup. Ct Hartford, Feb. 6, 2025) - The Superior Court of Connecticut denied a motion for summary judgment to dismiss a claim for uninsured motorist benefits because...more

Marshall Dennehey

Federal Court Dismisses Negligence Claim Against USPS Due to Late Filing and Lack of Evidence

Marshall Dennehey on

Allen v. United States, 2025 WL 35468, No. 24-99-KSM (E.D. Pa. Jan. 3, 2025) - A federal court dismissed a negligence claim against the United States Postal Service (USPS) after the plaintiff failed to timely oppose the...more

McGlinchey Stafford

Federal Court Finds Public Service Providers Do Not Qualify as Debt Collectors Under FDCPA

McGlinchey Stafford on

A federal Judge for the United States District Court for the Northern District of Oklahoma recently granted the motions of several public entities to dismiss the amended complaint of a pro se plaintiff who brought claims...more

Proskauer - The Patent Playbook

Interesting Recent § 101 Cases – Structural Components Are Not Enough

Your Package Could Not Be Delivered – District of Delaware Strikes Electronic Storage Room Claims as Patent Ineligible - Judge Choe-Groves of the United States Court of International Trade granted Defendant’s Motion to...more

Zelle  LLP

Court Analyzes “Forces of Nature” in Applying Section 542A of the Texas Insurance Code

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Recently, the United States District Court for the Northern District of Texas, Dallas Division, rejected an insured’s attempt to reframe its claim from a “forces of nature” claim and enforced Section 542A.006 of the Texas...more

DLA Piper

Delaware Bankruptcy Court Clarifies Broad Scope of Fraudulent Transfer Claims

DLA Piper on

The US Bankruptcy Court for the District of Delaware recently reaffirmed but limited the holding of In re DSI Renal Holdings, LLC, which held that under Third Circuit law, neither debtors nor trustees could bring fraudulent...more

White and Williams LLP

New Jersey Court Pumps the Brakes on Product Liability Lawsuit

White and Williams LLP on

In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: April 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Polsinelli

Supreme Court Revives ERISA Litigation Dismissed in Second Circuit: Will the Supreme Court’s Adoption of a Liberal Pleading...

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On Thursday, April 17, a unanimous Supreme Court held that a less demanding pleading standard is applicable when plaintiffs bring an Employee Retirement Income Security Act of 1974 (ERISA) class action under ERISA Section...more

Goldberg Segalla

Dismissal of Defendant Upheld on Appeal Due to Release Language in Prior Settlement

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Jurisdiction: Supreme Court of New York, Appellate Division, First Department - The Supreme Court of New York, New York County, on March 13, 2024, dismissed defendant Long Island Lighting Company from an asbestos action,...more

Loeb & Loeb LLP

Eden Film Production LLC v. Lockjaw LLC

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District court dismisses claim for copyright infringement against writers, producers and distributors of television show Yellowjackets, holding no substantial similarity between protectable elements of Yellowjackets and...more

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