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Attorney's Fees Motion to Dismiss

Miles Mediation & Arbitration

Significant Changes Under Georgia’s New Tort Reform Legislation

You likely are aware that Governor Brian Kemp signed Georgia’s tort reform legislation (SB 68) on April 21, 2025, which made a number of changes to Georgia law. This article summarizes some of the major changes under that...more

Stradling Yocca Carlson & Rauth

The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent

The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent - Almost every week, I get a familiar email from a company: “We just received this demand letter. What is it? Is it serious?”...more

Parker Poe Adams & Bernstein LLP

Honeywell Strikes Back Against 'Patent Troll' With North Carolina Lawsuit Under Abusive Patent Assertions Act

Honeywell International Inc. has taken a proactive stance against what it describes as "unwarranted and unfounded" patent litigation by filing a declaratory judgment action in the Western District of North Carolina against...more

Cozen O'Connor

Georgia’s 2025 Tort Reform: What Businesses, Insurers, and Litigators Need to Know

Cozen O'Connor on

In recent years, Georgia has earned a prominent—and troubling—spot on the American Tort Reform Association’s annual “Judicial Hellholes” list, drawing national attention to the state’s increasingly unpredictable and...more

Vedder Price

New Jersey SLAPPs Back: New Jersey Court of Appeals Eradicates Anti-SLAPP Loophole

Vedder Price on

On May 29, 2025, the New Jersey Court of Appeals reversed dismissal in Satz v. Starr, No. A-2785-23, 2025 WL 1522032 (N.J. Super. Ct. App. Div. May 29, 2025), holding that the plaintiff’s voluntary dismissal of his claims did...more

Vondran Legal

Strike 3 Holdings stipulates to dismiss, but no attorney fees for Defendant?

Vondran Legal on

There are times when Strike 3 cannot prove its case and may be forced to dismiss the case. In these instances, the defendant may well be deemed the "prevailing party" in the case, which can support an award of costs and...more

Kilpatrick

Georgia Passes Tort Reform

Kilpatrick on

In one of the most closely watched issues before the Georgia Legislature this year, Georgia law has been amended through two tort reform bills, Senate Bills 68 and 69. These bills will impact various aspects of Georgia’s...more

Alston & Bird

What to Expect from Georgia’s New Tort Reform Law

Alston & Bird on

Our Industrials & Manufacturing and Products Liability Groups break down how Georgia’s new law alters the tort landscape....more

Patterson Belknap Webb & Tyler LLP

Once Bitten, Twice Sanctioned: Judge Figueredo Awards Attorney’s Fees to Google for Being Forced to File a Motion to Dismiss

On March 24, 2025, United States Magistrate Judge Valerie Figueredo granted-in-part Defendant Google LLC’s (“Google”) motion for sanctions, attorney’s fees, and costs against Plaintiff EscapeX IP, LLC (“EscapeX”) and its...more

Knobbe Martens

An Award of Attorneys’ Fees and Costs Under 35 U.S.C. §285 Does Not Preclude Sanctions Pursuant to the Court’s Inherent Authority

Knobbe Martens on

PS PRODUCTS INC. V. PANTHER TRADING CO. INC. - Before Moore, Stoll, and Cunningham. Appeal from the Eastern District of Arkansas. Summary: Section 285 does not prohibit an award of deterrence sanctions under the court’s...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 25 2024

Rivkin Radler LLP on

The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s...more

Proskauer - Employee Benefits & Executive...

Massachusetts District Court Grants Motion to Dismiss 401(k) Fiduciary Breach and Prohibited Transaction Claims

A federal district court in Massachusetts dismissed ERISA fiduciary breach and prohibited transaction claims against 401(k) plan fiduciaries, ruling that the prohibited transaction claims were time-barred and the fiduciary...more

Troutman Pepper Locke

Attorneys Collect $23.3M Payday in EDVA Antitrust Settlement

Troutman Pepper Locke on

On October 18, Judge Rebecca Beach Smith of the Eastern District of Virginia approved a $70 million settlement in an antitrust case, with more than $23.3 million awarded to the plaintiffs’ attorneys. This case helpfully...more

McDermott Will & Schulte

Just How Similar Must Competing Marks Be to Survive Dismissal?

After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the...more

McDermott Will & Schulte

Change in Law Leading to Case Dismissal Doesn’t Preclude Attorneys’ Fees

Addressing the symmetrical fee-shifting provision of the Copyright Act and whether a prevailing defendant was entitled to fees even when the plaintiff moved to dismiss the case in response to a change in law, the US Court of...more

Perkins Coie

Weekly Notable Ruling Roundup - July 2023

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Alexis Slaten v. Christian Dior, Inc., No. 23-cv-00409-JSC (N.D. Cal. – May 12, 2023): The...more

McDermott Will & Schulte

Allegations in Complaint Prevail over Statements in Exhibit

The US Court of Appeals for the Federal Circuit, prioritizing specific allegations in the complaint over disclosures in exhibits to the complaint, reversed and remanded a district court decision dismissing an original...more

Bradley Arant Boult Cummings LLP

Recharged and Ready to Go?

Phillip Morris can’t seem to catch its breath. As discussed in a previous post, just a few weeks ago the Federal Circuit upheld the ITC’s ban on the importation and sale of Phillip Morris’s line of heated tobacco and...more

EDRM - Electronic Discovery Reference Model

Jerry Seinfeld Meets eDiscovery: Rules of the Game and the Pony Scene

I could not resist writing about a new case that mentions electronic discovery (yes, I have a standing Lexis search), not because it creates any kind of great precedent or anything, but because it involves one of my all-time...more

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

Waste Transfer Station/Community Service Volunteer: Federal Court Addresses Injury Claim Related Issues

The United States District Court for the Eastern District of Virginia in a May 10 Opinion and Order (“Opinion”) addressed a negligence claim against a Waste Transfer Station (“Landfill”) operator. See Buchanan v. Santek Env’t...more

Nutter McClennen & Fish LLP

Court Denies lululemon’s Motion for Attorneys’ Fees Under Fee Shifting Provision

As reported here last summer, Judge Salinger denied lululemon’s motion to dismiss a summary process action brought by lululemon’s landlord, CWB Retail. Later in the litigation, CWB voluntarily dismissed the action with...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

McGlinchey Stafford on

Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Mintz - Intellectual Property Viewpoints

No Pleading, No Problem: Court Denies Motion to Dismiss and Bifurcates Willful Infringement Determination, in Absence of...

Recently in Nike, Inc. v. Skechers U.S.A., Inc., 2:17-cv-08509 (C.D. Cal.) (October 26, 2020), the U.S. District Court for the Central District of California granted-in-part and denied-in-part Defendant, Skechers U.S.A.,...more

Holland & Knight LLP

D. Delaware Awards Attorneys' Fees Due To Weak Section 101 Arguments, Patent Litigation Conduct

Holland & Knight LLP on

CompanyCam moved to dismiss plaintiff's complaint because the asserted '872 patent, titled "Device and Method for Embedding and Retrieving Information in Digital Images," was directed to ineligible subject matter. The U.S....more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Employees, Independent Contractors, and ERISA

This week, this Ninth Circuit once again issued a number of opinions arising from the employment relationship. Here, we focus on two of particular interest. In the first, the Court sought to unravel whether an emergency room...more

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