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Appellate Courts › Motion to Dismiss › Supreme Court of the United States

Verrill

Preparing for “Untoward Practical Results”—Implications and Action Items for ERISA Attorneys Following Cunningham v. Cornell...

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The U.S. Supreme Court’s recent decision Cunningham v. Cornell University, 145 S.Ct. 1020 (2025) significantly lowers the pleading standard for prohibited transaction claims under Section 406(a) of the Employee Retirement...more

Fox Rothschild LLP

The U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One...

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In May 2024, the U.S. Supreme Court decided an issue that has divided the federal courts of appeals. When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the...more

Fox Rothschild LLP

Alimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her Finances

Fox Rothschild LLP on

We have written a lot about termination of alimony based upon cohabitation, both before the 2014 Amendment to the alimony statute making it easier, and after the Supreme Court’s decision in the Cardali case. Typically,...more

Bradley Arant Boult Cummings LLP

Supreme Court Declines to Clarify FCA Pleading Standard

Bradley Arant Boult Cummings LLP on

How much detail must a plaintiff allege to meet the heightened pleading standards that apply in an FCA case? Appellate courts have taken different approaches but given a chance to address a seeming circuit split, the Supreme...more

Flaster Greenberg PC

Impact of Federal Circuit’s Opinion in 'Athena' on Medical Diagnosis Patents

Flaster Greenberg PC on

Is a new method of diagnosing a disease patentable? Can it survive a motion to dismiss? And, irrespective of the current precedent, should a new method of diagnosing a disease be patentable? These are questions the U.S. Court...more

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