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Appeals › Pleadings › Amended Complaints

Benesch

Eleventh Circuit Upholds Dismissal of Qui Tam FCA Suit for Failure to Meet Rule 9(b) Specificity

Benesch on

In a qui tam action filed under the False Claims Act, the relator, Barbara Senters, appealed the district court’s dismissal of her fourth amended complaint (FAC), which alleged that Quest Diagnostics submitted false claims...more

Knobbe Martens

Repleading Dismissed Claims Does Not Nullify Underlying Dismissal Order

Knobbe Martens on

Before Hughes, Stoll, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Filing an amended complaint does not nullify a dismissal order that was not later...more

Smart & Biggar

Update on AstraZeneca SCC and developments on “overpromising” under grounds other than utility

Smart & Biggar on

SCC Update. On October 23, 2017, the Supreme Court of Canada dismissed Apotex’s motion to amend the Supreme Court of Canada’s judgment in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 (reported here, relating to...more

Proskauer - Minding Your Business

Does An Emailed Copy of a Complaint Start the 30-Day Removal Clock?

Proskauer - Minding Your Business on

In today’s litigation practice, a defendant often receives a copy of a filed complaint before it is formally served with the pleading. Sometimes, plaintiff’s counsel emails a copy to the defendant’s counsel after filing. If...more

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