News & Analysis as of

Dismissals Federal Pleading Requirements Motion to Dismiss

Lathrop GPM

Illinois Federal Court Dismisses Price Discrimination Claims for Failure to Plead Relevant Geographic Market

Lathrop GPM on

A federal court in Illinois granted Juul Labs, Inc. and HS Wholesale, Ltd.’s motion to dismiss Power Buying Dealers USA, Inc.’s claims of price discrimination. Power Buying Dealers USA, Inc. v. Juul Labs, Inc., 2025 WL...more

Faegre Drinker Biddle & Reath LLP

District of Massachusetts Grants Dismissal of Threadbare ATDS Claims

The U.S. District Court for the District of Massachusetts recently granted a TCPA defendant’s motion to dismiss, in part, because the plaintiff failed to allege plausible facts supporting an assertion that the defendant,...more

Faegre Drinker Biddle & Reath LLP

Florida Federal Court Rejects ATDS Allegations, Grants Motion to Dismiss

In a text message case, the U.S. District Court for the Southern District of Florida recently granted Atlantic Coast Enterprise, LLC’s (“Ace”) motion to dismiss upon finding that the plaintiff had failed to plausibly allege...more

Orrick - Trade Secrets Group

Pleading “Sufficient Particularity”: Technical Trade Secrets Require More

It’s common sense that, to protect a trade secret, the information must remain secret. However, when trade secret misappropriation claims arise and litigation ensues, the court and the parties involved need to understand at...more

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Holds FTC Must Show Defendants Are ‘About to Violate’ the Law for Injunctive Relief and Disgorgement

On February 25, 2019, in FTC v. Shire ViroPharma, Inc., the U.S. Court of Appeals for the Third Circuit confirmed that the Federal Trade Commission (FTC) cannot plead its way into federal court via Section 13(b) of the FTC...more

A&O Shearman

New Jersey District Court Dismisses Putative Securities Fraud Class Action For Failure To Plead Scienter

A&O Shearman on

On January 31, 2019, Judge Madeline Cox Arleo of the United States District Court for the District of New Jersey granted with leave to amend defendants’ motion to dismiss a putative securities fraud class action against a...more

Knobbe Martens

Nalco Company V. Chem-Mod, LLC

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Schall, and O’Malley. Appeal from the Northern District of Illinois. Summary: A plaintiff need not prove its case of patent infringement at the pleading stage. To the extent a...more

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