News & Analysis as of

Motion to Dismiss › Fraud › Jurisdiction

Goldberg Segalla

Plaintiffs’ Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service of Summons Successful in California

Goldberg Segalla on

Court of Appeal of California, First Appellate District, Division Four - Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al. This litigation arises from claims of asbestos exposure. The plaintiffs allege the...more

Faegre Drinker Biddle & Reath LLP

Python Bites Back: Counterclaims Based on Alleged Consent Survive Plaintiff’s Motion to Dismiss

Faegre Drinker Biddle & Reath LLP on

TCPA defendants often assert, in either a motion to dismiss or answer (or both), that a plaintiff gave prior express consent to receive the calls or text messages at issue. But it is the exceptional case where a defendant...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA Rejects Government’s Motion to Dismiss Despite Suspicion of Fraud

Pillsbury Winthrop Shaw Pittman LLP on

The Board’s jurisdiction attaches when the contracting officer renders a final decision or a deemed denial, and a later finding by the contracting officer that fraud is suspected will not deprive the Board of jurisdiction. ...more

Farrell Fritz, P.C.

Commercial Division Denies Application to Enforce Stipulation of Settlement for Lack of Standing

Farrell Fritz, P.C. on

The Full Faith and Credit Clause of the United States Constitution provides that “Full Faith and Credit shall be given in each State to the public acts, records, and judicial proceedings of every other state.” In terms of...more

Seyfarth Shaw LLP

Another Court Takes A Bite Out Of Forum Shopping: Plaintiffs Must Bring Nationwide Class Claims Where Defendants Are Incorporated...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more

Sheppard Mullin Richter & Hampton LLP

Court Rules Cryptocurrencies Can Be Regulated By The CFTC As Commodities

Sheppard Mullin Richter & Hampton LLP on

The regulatory landscape surrounding cryptocurrency continues to evolve. Most of the activity to date has involved regulatory enforcement actions brought by the Securities and Exchange Commission (“SEC”) and Commodity Futures...more

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