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Oral Argument Motion to Dismiss

Dickinson Wright

Expediting Appeals in the Michigan Court of Appeals

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Pursuing or defending an appeal in the Michigan Court of Appeals can be a lengthy process. Briefing does not begin until after all transcripts have been ordered, and that process alone can take up to 91 days in civil cases....more

Littler

#MeToo: Can Non-Employees Bring Employment Law Claims Against Employers?

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Last week attorneys for Creative Actors Agency (CAA), Miramax and Disney delivered oral argument in their appeal to try to prevent actor Julia Ormond’s negligence claims from moving forward in New York State Court. Oral...more

Dickinson Wright

The Michigan Court of Appeals Internal Operating Procedures (a/k/a “the IOPs”)

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When it comes to handling a case in the Michigan Court of Appeals, one of the most useful resources may be the Court’s Internal Operating Procedures (commonly known as the “IOPs”). Although much of the information in the...more

Jones Day

New York Appellate Court Holds that PSLRA Discovery Stay Applies in State Actions

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A recent decision by the First Department of the New York Appellate Division held that the Private Securities Litigation Reform Act's automatic stay of discovery applies in state court, but not during the pendency of an...more

Seyfarth Shaw LLP

SCOTUS Refuses to Dismiss Acheson Hotels v. Laufer Case Before Oral Argument Set For October 4

Seyfarth Shaw LLP on

Synopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing....more

McDermott Will & Emery

This Week in 340B: May 2023 #3

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This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick...more

Lowenstein Sandler LLP

SCOTUS to Address Circuit Split Over Arbitration Waiver

Arbitration clauses in commercial and consumer contracts can be an effective tool for limiting the time and expense associated with litigation. However, parties always may decide to litigate, assuming neither party seeks to...more

Goodwin

Massachusetts Superior Court BLS Finds No Duty To Disclose Alleged Preliminary Merger Discussions

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Massachusetts Superior Court BLS Finds No Duty to Disclose Alleged Preliminary Merger Discussions, Northern District of California Declines to Dismiss Oracle Fraud Class Action Suit, SCOTUS Hears Oral Argument in Goldman...more

Jones Day

Apple v. Iancu: Oral Argument on Motion to Dismiss and Plaintiff Summary Judgment Motion

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Since the PTAB designated Apple v. Fintiv precedential, the six-factor, “holistic” test has been increasingly used to discretionarily deny institution of petitions challenging claims already subject to parallel litigation...more

Mintz - Health Care Viewpoints

Third Circuit Says the FCA Does Not Guarantee A Hearing When DOJ Seeks to Dismiss Declined FCA Cases

The Court of Appeals for the Third Circuit recently weighed in on a relator’s right to a hearing where the government moves to dismiss a declined qui tam case, holding that the False Claims Act (FCA) does not guarantee a...more

Seyfarth Shaw LLP

Exclusion for Gender Reassignment Surgery May Disadvantage a “Suspect Class”

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Seyfarth Synopsis: In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person’s transgender status. ...more

Bradley Arant Boult Cummings LLP

Supreme Court Recognizes Extended False Claims Act Statute of Limitations for Whistleblowers - Government Enforcement Update

Resolving a circuit split, the United States Supreme Court in Cochise Consultancy, Inc. v. U.S. ex rel. Hunt held that False Claims Act (FCA) whistleblowers are able to take advantage of an expanded statute of limitations,...more

Carlton Fields

Preserved, Actually: Preservation Of Arguments Definitively Rejected By The Trial Court

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Does a party have to reassert an argument previously rejected by the trial court in order to preserve it for appeal? ...more

Goodwin

Biosimilar Litigation Updates

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Below is an update on recent developments in several litigations involving biosimilar products. Amgen v. Sandoz (filgrastim, pegfilgrastim): As we previously reported, the district court granted summary judgment of...more

Ballard Spahr LLP

Update on Colorado bank-model lawsuits

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In two closely-watched enforcement actions pending in Colorado state court, the Administrator of the Uniform Consumer Credit Code for the State of Colorado is employing the “true lender” theory and the Second Circuit’s...more

BCLP

Eleventh Circuit to Consider Whether Prior Settlement Moots Website Accessibility Case

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The Eleventh Circuit Court of Appeals is set to hear oral arguments on April 4 concerning whether a website accessibility plan pursuant to a prior settlement agreement moots injunctive relief claims under Title III of the...more

Ballard Spahr LLP

Court dismisses credit union’s lawsuit challenging Mulvaney’s appointment

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The U.S. District Court for the Southern District of New York has dismissed for lack of Article III standing the lawsuit filed by a credit union challenging President Trump’s appointment of Mick Mulvaney as CFPB Acting...more

Ballard Spahr LLP

Oral argument held in SDNY credit union lawsuit challenging Mulvaney appointment

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The U.S. District Court for the Southern District of New York recently held oral argument regarding the pending motions in the Lower East Side People’s Federal Credit Union v. Trump and Mulvaney. ...more

Bass, Berry & Sims PLC

Sixth Circuit Hears Oral Argument in FCA Appeal

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The U.S. Court of Appeals for the Sixth Circuit recently heard oral argument in connection with a decision by the U.S. District Court for the Eastern District of Tennessee that primarily raised two FCA questions...more

Goodwin

New Jersey District Court Considers Expansion of FCRA Liability

Goodwin on

On July 17, 2017, a New Jersey federal district court heard oral arguments in a motion to dismiss a putative class action lawsuit alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681a et seq. The...more

Adler Pollock & Sheehan P.C.

Reality Check: What Marcus Lemonis Learned About Purchasing Intellectual Property That Your Business Should Too

Entrepreneur and reality television star Marcus Lemonis, host of CNBC’s The Profit, has learned a tough lesson about contract law. With a business strategy that makes every lawyer cringe, Lemonis prides himself on having made...more

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