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5 Dec 2023, 9:05 pm by renholding
Conceivably, the defendant may allege issues involving the statute of limitations, or the defendant may simply assert that the complaint fails the low standard of pleading required by Twombly.[11] Assume further that the defendant will predictably fail to provide any discovery until this motion to dismiss is resolved, and it may argue that dismissal is required because the plaintiff has not to this point provided any evidence that its shares can be traced to the registration statement. [read post]
8 Jul 2014, 7:53 am by Barry Barnett
 We cited Chief Justice John Marshall’s dictum that “the power to tax includes the power to destroy. [read post]
31 May 2009, 12:18 pm
And you can almost read between the lines to hear him saying, "I have never been a victim of discrimination, and I certainly cannot imagine folks like John Ashcroft and Robert Mueller, folks just like me, engaging in illegal discrimination against Muslims in the wake of 9/11.... [read post]
30 Sep 2007, 6:24 am
John WardHolding: Patent Unenforceable  Due to Inequitable ConductMajor post-verdict deveopment in this case Friday, which was tried to a jury in Judge Ward's court in Marshall last spring.At trial, Avid accused the defendants of unfair competition, and of infringing U.S. [read post]
9 Nov 2009, 2:58 am
The briefs supporting the government include a brief by a group of Internet Retailers that, I am proud to say, cites my law review article arguing for an even application of the Twombly pleading standard as to both patent plaintiffs and patent defendants -- click here for the amicus brief and here for my article from the John Marshall Review of Intellectual Property Law. [read post]
9 Nov 2009, 2:58 am
  The briefs supporting the government include a brief by a group of Internet Retailers that, I am proud to say, cites my law review article arguing for an even application of the Twombly pleading standard as to both patent plaintiffs and patent defendants -- click here for the amicus brief and here for my article from the John Marshall Review of Intellectual Property Law. [read post]
8 Jun 2007, 10:54 am
Pardus and what it means for Twombly. [read post]
21 Jun 2010, 7:04 am by Walter Olson
After Mohawk Industries settlement, many employers could be sitting ducks for suits claiming that hiring illegal workers is RICO violation [Helman, Forbes, earlier] Teen tries to help child lost in store, winds up facing felony rap of false imprisonment [Greenfield] Federal magistrate in debt collection case: letter on law firm letterhead implies threat to sue [Legal Intelligencer] On “professional” class action objectors [Ted at PoL] Coal company claims ventilation system ordered by… [read post]
14 Jun 2011, 7:51 am by South Florida Lawyers
If you keep reading, the causation argument becomes quite interesting.Any guesses on how it will do under the new Iqbal/Twombly pleading standard? [read post]
8 Jul 2014, 5:49 am by Dan Filler
John’s Law School), subject to final approval by the journal editors. [read post]
16 Sep 2011, 2:52 pm by uwlegalscholarship
See John Papadopoulos, Canadian Law Journals on Commercial Databases, SLAW, Aug. 17, 2011. [read post]
11 Dec 2008, 11:25 am
Twombly, which interpreted the rule as requiring plaintiffs to "show a plausible entitlement to relief. [read post]
4 Jul 2009, 1:09 pm
The Iqbal decision then emerged, with the Court blocking a lawsuit against former Attorney General John Ashcroft and current FBI Director Robert Mueller. [read post]