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Motion to Dismiss

A&O Shearman

Federal Judge Tosses Hotel Price-Fixing Lawsuit Over Insufficient Evidence Of Collusion Through Revenue Software

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On July 18, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted a motion to dismiss filed by hotel operators and a software provider in a high-profile antitrust...more

A&O Shearman

Eastern District Of Pennsylvania Dismisses Putative Class Action Against Biotechnology Company For Failure To Adequately Allege...

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On July 29, 2025, the United States District Court for the Eastern District of Pennsylvania dismissed a putative class action asserting claims under the Securities Exchange Act of 1934 against a biotechnology company and its...more

Freiberger Haber LLP

Release in Settlement Agreement Bars Class Action To Recover Damages For Certain Rent Overcharges

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This Blog has written frequently about the substance and scope of general releases. In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject of the release.” If “the language of a...more

Wilson Sonsini Goodrich & Rosati

Bexson Biomedical Earns Early-Stage Win in CyDex Dispute in Italy’s Court of Rome

In a major early-stage win for firm client Bexson Biomedical, Inc., Italy’s Court of Rome recently dismissed the second of two related legal proceedings brought by CyDex Pharmaceuticals, Inc. arising from a 2019 supply...more

Troutman Pepper Locke

Federal Court Dismisses NIL Lawsuit Filed by Tyrelle Pryor

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A federal judge in Columbus, OH, has dismissed a name, image, and likeness (NIL) lawsuit filed last October by former star Ohio State (OSU) quarterback Terrelle Pryor. Pryor sued OSU, the Big Ten, the NCAA, and others,...more

Goldberg Segalla

Court Grants Boiler Manufacturer’s Motion to Strike Punitive Damages Under Maritime Law

Goldberg Segalla on

Court: U.S. District Court for the Northern District of California - Plaintiff Vernon Armstrong alleges he developed lung cancer from asbestos exposure during his Navy service, under claims for negligence, strict liability,...more

Venable LLP

Federal Courts Split on ‘Server Test’ in Copyright Infringement Cases Involving Embedded Images

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Earlier this week, the U.S. District Court for the Western District of Texas joined a number of other federal district courts that have challenged, narrowed, or simply rejected the applicability of the “server test,”...more

Klein Moynihan Turco LLP

Email Tracking CIPA Wiretapping Victory!

Although the California Invasion of Privacy Act (“CIPA”) lawsuit train shows no signs of slowing down, a California federal judge recently derailed a CIPA email tracking lawsuit when it dismissed claims mirroring those...more

Winstead PC

Court Affirmed A Probate Court’s Granting Of Plea To The Jurisdiction Based On The Estate Beneficiaries’ Lack Of Standing

Winstead PC on

In Est. of Smith, the beneficiaries of an estate filed claims that the decedent was mentally incompetent when she deeded her residence to her grandson and granddaughter-in-law. No. 02-24-00175-CV, 2024 Tex. App. LEXIS 8272...more

Nossaman LLP

When Restorative Waters Meet Flying Projectiles: Inverse Condemnation Claims in Ukiah

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The contours of inverse condemnation liability are often tested by creative California plaintiff’s lawyers. In an opinion earlier this year, one Northern California Federal Court dealt with a novel lawsuit in which the Vichy...more

Lewitt Hackman

Franchisor 101: A Franchise Nondisclosure Document

Lewitt Hackman on

A California federal court denied a motion to dismiss a former franchisee’s complaint against a healthcare recruitment franchisor’s Chief Executive Officer....more

Constangy, Brooks, Smith & Prophete, LLP

Well, duh! Pregnant Workers Fairness Act applies to lactation, judge rules

Hindsight is 20-20. The Pregnant Workers Fairness Act, which took effect in June 2023, requires reasonable accommodations for pregnancy, childbirth, and “related medical conditions.” The statute gave authority to the U.S....more

Loeb & Loeb LLP

Trump v. Woodward

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In President Donald Trump’s lawsuit against journalist Robert Woodward arising from Woodward’s publication of audio recordings of Woodward’s interviews of Trump in 2019 and 2020, district court dismisses Trump’s second...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Updates — July 2025

The Sixth Circuit recently delivered a clear message to litigants pursuing claims under the Telephone Consumer Protection Act (TCPA): high call volume alone is not enough. In Fluker v. Ally Financial, Inc., the court...more

Patterson Belknap Webb & Tyler LLP

Nothing to See Here: Judge Engelmayer Finds Claims Directed to Interactive Mobile Advertising to be Abstract

On July 21, 2025, District Judge Paul A. Engelmayer (S.D.N.Y.) granted Defendants Teads, Inc., Teads SA, and Teads SARL’s (together, “Teads”) Motion to Dismiss Yieldmo, Inc.’s (“Yieldmo”) Amended Complaint alleging that Teads...more

Cornerstone Research

New Developments in Securities Class Action Litigation in the First Half of 2025

Cornerstone Research on

Cornerstone Research and the Stanford Law School Securities Class Action Clearinghouse highlight several developments from recent litigation in their latest report, Securities Class Action Filings—2025 Midyear Assessment....more

Alston & Bird

Recent Supreme Court Decisions Every Securities Litigator Should Know

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Our Securities Litigation Group highlights three recent Supreme Court decisions that every securities class action litigator should know....more

Pierce Atwood LLP

District of Massachusetts Sees Rise in Securities Fraud Class Actions Despite Dismissal Risks

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This is part one of a three-part series exploring the recent uptick in securities class action filings in the First Circuit and examining recent decisions issued by the District of Massachusetts. This post examines current...more

A&O Shearman

Court Dismisses Student Athlete Name, Image, Likeness Putative Class Action

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On July 18, 2025, U.S. District Judge Sarah Morrison of the Southern District of Ohio granted motions filed by the Ohio State University (“OSU”), Learfield Communications, the National Collegiate Athletic Association (“NCAA”)...more

A&O Shearman

EDPa Dismisses Securities Fraud Claims Against Life Insurance Co

A&O Shearman on

On July 24, 2025, Judge Jennifer Murphy of the Eastern District of Pennsylvania granted a motion to dismiss a putative securities class action brought against a life insurance company (the “Company”) and certain of its...more

Polsinelli

Federal Court Finds Text Messages Not Subject to TCPA’s DNC Requirements

Polsinelli on

Key Takeaways: Companies sued for Telephone Consumer Protection Act (TCPA) violations should consider challenging the allegations at the outset by moving to dismiss, rather than conceding based on out-of-date precedent and...more

Marshall Dennehey

Trial Court Allows Punitive Damages Claim to Proceed in Campground Bleacher Fall Case, Citing Monroe Standard

Marshall Dennehey on

K.H. v. Mill Run Campground, Docket No. 2197 of 2023, G.D. (Pa. Com. Pl., Fayette Cnty, Mar. 10, 2025) - A Pennsylvania trial court overruled primary objections to claims of punitive damages when the plaintiffs’ alleged...more

Weber Gallagher Simpson Stapleton Fires &...

Shotgun Pleadings Lead to Holes Allowing for Dismissal

As defense counsel, not only do we have an obligation to evaluate plaintiffs’ complaints to develop affirmative defenses and form defense strategy, but we must also assess the viability of the claims on their face. In a...more

Epstein Becker & Green

Extraterritorial Application of the DTSA: Recent Decision Continues to Develop “Act in Furtherance” Element

Epstein Becker & Green on

Last summer, in a case of first impression, the U.S. Court of Appeals for the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd held that the Defend Trade Secrets Act (the “DTSA”) rebuts the...more

Kelley Drye & Warren LLP

TCPA Tracker: April-June 2025

On June 20, 2025, the U.S. Supreme Court held that a district court in an enforcement proceeding is not bound by an agency’s pre-enforcement interpretation of a statute. Rather, as the Court held in McLaughlin Chiropractic...more

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