News & Analysis as of

Parent Corporation Motion to Dismiss

Morris James LLP

Delaware Court of Chancery Refuses After Trial to Impose Liability on Parent of Wholly Owned Subsidiary

Morris James LLP on

NuVasive, Inc. v. Miles, C.A. No. 2017-0720-SG (Del. Ch. Jan. 31, 2025) - In an earlier decision, the Court denied defendant Alphatec Holdings, Inc.’s (“Holdings”) motion to dismiss, finding that issues of fact remained...more

Lewitt Hackman

Franchisee 101: Subject Matter Mania…

Lewitt Hackman on

A federal court in Florida dismissed an action by franchisees against their franchisor for lack of subject-matter jurisdiction. The franchisees asserted claims under California and Florida laws alleging the franchisor, OR...more

Saiber LLC

In Case of First Impression, District of New Jersey Judge Establishes Framework to Determine Whether Parent-Subsidiary...

Saiber LLC on

District Judge Kevin McNulty of the District of New Jersey recently granted in part and denied in part a motion to dismiss for lack of personal jurisdiction. Judge McNulty’s detailed opinion provides critical guidance on how...more

Farrell Fritz, P.C.

Commercial Division Finds Allegations of Complete Control Insufficient to Support a Veil-Piercing Theory

Farrell Fritz, P.C. on

A familiar fact pattern: ParentCo is the owner and controlling shareholder of SubCo.  ParentCo completely controls SubCo.  The two companies have the same officers, issue consolidated financial returns, and the profits and...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Patents - The World in U.S. Courts: Summer 2019

Direct and Indirect Infringement Claims Allowed to Proceed Against Japanese Parent that Neither Imported nor Sold Allegedly Infringing Cellphones in the US - Semcon IP Inc. v. Kyocera Corp., US District Court for the...more

Akin Gump Strauss Hauer & Feld LLP

Two Companies Having a Close Relationship is Insufficient to Treat Them as Interchangeable for Purposes of Venue

In an order issued on May 4, 2018, a Western District of Wisconsin Court addressed venue issues relating to subsidiaries of the same parent. Plaintiff Unity Opto Technology Co. (“Unity”) sued defendants Lowe’s Home Centers,...more

Goodwin

Business Litigation Reporter - May 2015

Goodwin on

Lawsuit Dismissed Where Defendant Hulu Did Not “Knowingly” Disclose Personal Identifying Information. In In re: Hulu Privacy Litigation, 2015 WL 1503506 (N.D. Cal. March 31, 2015), the plaintiffs alleged that Hulu had...more

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