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Business Litigation Motion to Dismiss Manufacturers

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Massachusetts Federal Court Concludes Incentive Program and Secondary Market Allegations Fail to State Price Discrimination Claim

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A federal court in Massachusetts recently dismissed holistic wellness centers’ price discrimination suit against the manufacturer of body sculpting devices initiated after Plaintiffs withdrew from the manufacturer’s...more

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California Federal District Court Dismisses Distributor’s Oral Contract Claims Under Statute of Frauds

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A federal court in California recently granted a manufacturer’s motion to dismiss a distributor’s oral contract claims, but declined to dismiss claims for promissory estoppel and unjust enrichment. Cosmonova, LLC v. BioFilm,...more

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Court of Chancery Grants Rare Motion to Dismiss Suit Governed by Entire Fairness Standard

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The electric vehicle company Canoo went public in a de-SPAC transaction in December 2020. After its stock price fell, a stockholder in the SPAC who chose not to redeem his stock sued the SPAC board and its controller for...more

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