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Motion to Dismiss › Corporate Counsel › Pleading Standards

A&O Shearman

Supreme Court’s Cornell decision sets low pleading bar for ERISA claims

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In a decision poised to change the landscape of Employee Retirement Income Security Act of 1974 (“ERISA”) litigation, on April 17, 2025, the Supreme Court held in Cunningham et al. v. Cornell University et al. that a claimant...more

The Volkov Law Group

Episode 322 -- Checking in on Caremark Cases

The Volkov Law Group on

Over the last ten years, we have seen a marked shift from the Delaware Chancery Court chipping away at corporate board member liability claims. In a number of seminal cases involving Boeing airplane crashes (In re the Boeing...more

Proskauer - Whistleblower Defense

District of Rhode Island Dismisses In-House Attorney’s SOX Whistleblower Claim for Lack of Protected Activity

Proskauer - Whistleblower Defense on

On July 19, 2019, the U.S. District Court for the District of Rhode Island granted an employer’s motion to dismiss a SOX whistleblower claim, holding that the Plaintiff—an in-house attorney—failed to allege sufficient facts...more

Morrison & Foerster LLP - Class Dismissed

The Devil’s in the Details: Court Dismisses “Made in the U.S.A.” Fraud Claims against Heinz Because Plaintiff Failed to Allege...

Morrison & Foerster LLP - Class Dismissed on

On April 22, 2016, in Alaei v. Kraft Heinz Food Co. (“Heinz”), No. 3:15-cv-02961, Southern District of California Judge Michael M. Anello granted defendant Heinz’s motion to dismiss without prejudice plaintiff Suzanne Alaei’s...more

Proskauer - Law and the Workplace

Second Circuit Clarifies Pleading Standard for Title VII Claims

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A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...more

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