News & Analysis as of

Motion to Dismiss Preemption

Seyfarth Shaw LLP

Appeals Court Reinstates Legal Challenge to Local Law 97 Governing Emissions of Greenhouse Gases by Big Buildings in New York City

Seyfarth Shaw LLP on

In April 2019, the New York City Council passed Local Law 97 (“LL 97”) as part of the Climate Mobilization Act. LL 97 imposes strict restrictions on greenhouse gas emissions for buildings 25,000 square feet or larger and...more

Troutman Pepper

EDVA Judge Dismisses Negligence and Bailment Claims for Damage to Property Stored in Warehouse

Troutman Pepper on

Parties involved in contract disputes often desire to avoid contractual limitations on recovery, fostering creative attempts to transform breach of contract claims into tort or other noncontractual causes of action. Such...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

Goodell, DeVries, Leech & Dann, LLP

Generic Ranitidine Manufacturers Win Dismissal of Consolidated Illinois Litigation

On August 17, 2023, in the consolidated Illinois Zantac/ranitidine proceedings, Cook County judge Daniel Trevino granted motions to dismiss all claims against generic ranitidine manufacturers, with prejudice. Representing...more

Ballard Spahr LLP

California federal district court denies DFPI motion to dismiss lawsuit challenging state’s regulations requiring consumer-like...

Ballard Spahr LLP on

A California federal district court recently denied the motion filed by the California Department of Financial Protection and Innovation (DFPI) seeking to dismiss a lawsuit filed by an advocacy organization seeking to enjoin...more

Troutman Pepper

California Federal Court Denies DFPI’s Motion to Dismiss: Finds Commercial Financing Disclosure Regulations May Violate First...

Troutman Pepper on

In a recent decision, a federal district court for the Central District of California denied a motion to dismiss filed by the Commissioner of the California Department of Financial Protection and Innovation (DFPI) finding...more

Ladas & Parry LLP

Accessory Designer Prevails in Lawsuit Brought by Frankie Edith Kerouac Parker's Estate

Ladas & Parry LLP on

In Moran, personal representative of the estate of Frankie Edith Kerouac Parker v Edie Parker LLC (Case No 20-cv-12717 (ED Mich), 27 September 2021), the US District Court for the Eastern District of Michigan addressed the...more

Kilpatrick

Ninth Circuit holds product label preemption defense requires evidence and does not extend to materially-different statements on...

Kilpatrick on

Takeaway: The quickest, most efficient way to kill a putative class action remains a successful Rule 12 motion to dismiss. But in ruling on such a motion, a district court generally cannot stray beyond the allegations in...more

McDermott Will & Emery

[Webinar] Protecting Your Employee Benefits Plan from Cybersecurity Threats | What Does the US Department of Labor’s Guidance Mean...

McDermott Will & Emery invites you to a webinar for an in-depth discussion on the US Department of Labor’s initial cybersecurity guidance for retirement plans under the Employee Retirement Income Security Act (ERISA) and what...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Court Rules Jones Act Claim for Mental Injury Can Proceed in Light of Noose in Maritime Workplace

Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Preemption, New and Old

This week, the Ninth Circuit resolves a novel preemption challenge to California’s CalSavers retirement scheme, and revisits a well-tread preemption question on Nevada homeowner’s association liens.  HOWARD JARVIS...more

WilmerHale

Second Circuit Affirms Broad Immunity for Online Providers to Remove Third-Party Content from Their Websites

WilmerHale on

Earlier this month, in Domen v. Vimeo, Inc., a panel of the U.S. Court of Appeals for the Second Circuit held that a relatively unused subpart of Section 230 of the Communications Decency Act (CDA) - namely, 47 U.S.C. §...more

Faegre Drinker Biddle & Reath LLP

“Vanilla” Ice Cream Deceptive Labeling Case Melts on Motion to Dismiss

A federal court in New York recently granted a motion to dismiss claims that ice cream labeled “vanilla” misleads consumers into believing the product’s flavor comes exclusively from vanilla beans or extract, when in fact...more

Mintz - Securities Litigation Viewpoints

When A Relationship Is Insufficient: Opting Out of the FX Antitrust Class Action Requires Clear Indication

On May 28, 2020, Judge Lorna G. Schofield of the United Stated District Court for the Southern District of New York issued her Opinion and Order in Allianz Global Inv’rs GMBH v. Bank of Am. Corp., No. 18 Civ. 10364 (LGS),...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Orrick, Herrington & Sutcliffe LLP

Madden Progeny Update

The Second Circuit’s decision in Madden v. Midland Funding, LLC was announced in 2015. Since that time, there have been a number of cases brought based on the Second Circuit opinion, as well as recent regulatory proposals...more

Manatt, Phelps & Phillips, LLP

Securitization Vehicles Win Madden Victory

In one of two closely watched New York class actions asserting usury claims against national bank securitization vehicles based on the Second Circuit’s decision in Madden v. Midland Funding, 786 F.3d 246 (2d Cir. 2015), a...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Cadwalader, Wickersham & Taft LLP

2019 Year in Review: Securitization Litigation and Regulation

There were significant developments in 2019 as courts continued to issue important decisions in this space and significant legislation impacting the residential mortgage-backed securities (“RMBS”) market came into effect.  A...more

Mayer Brown

Magistrate Judge Recommends Dismissal in Chase Issuance Trust Usury Lawsuit

Mayer Brown on

A United States Magistrate Judge for the United States District Court, Western District of New York, yesterday issued his report and recommendation on the defendants’ motion to dismiss in Petersen et al. v. Chase Card...more

Seyfarth Shaw LLP

State Enforcement of AB 5 Against Motor Carriers Preliminarily Enjoined

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more

Ballard Spahr LLP

Trade groups respond to motion to dismiss lawsuit challenging Nevada law allowing applicant to rely on spouse’s or former spouse’s...

Ballard Spahr LLP on

The three trade groups challenging an amendment to Nevada law that allows an applicant for credit with no credit history to request that the creditor deem the applicant’s credit history to be identical to that of the...more

Ballard Spahr LLP

Nevada regulator and AG file opposition to trade groups’ preliminary injunction motion in lawsuit challenging Nevada law allowing...

Ballard Spahr LLP on

The Commissioner of the Financial Institutions Division (FID) of the Nevada Department of Business and Industry and the Nevada Attorney General have filed opposition to the preliminary injunction motion filed by three trade...more

Ballard Spahr LLP

Nevada regulator and AG seek dismissal of lawsuit filed by trade groups challenging Nevada law allowing applicant to rely on...

Ballard Spahr LLP on

The Commissioner of the Financial Institutions Division of the Nevada Department of Business and Industry and the Nevada Attorney General have filed a motion to dismiss the lawsuit filed last month in Nevada federal court by...more

Foley & Lardner LLP

New Sick Leave Guidance for San Antonio Employers

Foley & Lardner LLP on

San Antonio remains one of three Texas cities, along with Austin and Dallas, currently working to implement a paid sick leave ordinance. This past summer, we reported about the then-pending San Antonio sick leave ordinance,...more

60 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide