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Motion to Dismiss › Laches

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

Morris James LLP

Chancery Denies Motion to Dismiss, Awaits Development of Factual Record to Rule on Laches Defense

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Kim v. Coupang, LLC, C.A. No. 2020-0772-JRS (Del. Ch. Aug. 19, 2021) - If a court can rule on the affirmative defense of laches on the face of a complaint, it may grant a motion to dismiss. As this case illustrates,...more

Morris James LLP

Court of Chancery Explains Some Consequences For Violating Forum Selection Agreement

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This is a significant decision because it explains how filing suit somewhere other than in the contractually-designated jurisdiction does not toll the time to sue in the proper jurisdiction. Hence, if the improperly-filed...more

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How to Determine Whether the Statute of Limitations or Laches Applies

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Lawyers who practice in the Delaware Court of Chancery probably can recite the shorthand rule that, for most claims, the Court of Chancery will decide whether a claim is filed too late by application of the statute of...more

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