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25 Feb 2015, 12:50 am
§ 77z-1(a) expressly apply only to actions brought “pursuant to the Federal Rules of Civil Procedure” – i.e., brought in federal court. [read post]
14 Dec 2011, 9:19 am
Nelson: Who is lobbying for changes to the Federal Rules of Civil Procedure (“Rules”) and why? [read post]
1 Aug 2014, 2:40 pm
Schaefer, US 4th Cir. (7/28/14)Civil Rights, Constitutional Law, Family Law, Government & Administrative LawPlaintiffs filed suit challenging Virginia Code sections 20-45.2 and 20-45.3; the Marshall/Newman Amendment, Va. [read post]
13 Jan 2025, 7:01 am
The post Catching Up on the Heavyweight Scraping Battle Between X and Bright Data (Guest Blog Post) appeared first on Technology & Marketing Law Blog. [read post]
28 Jun 2011, 5:50 am
In order for a "class" in a class action to be certified, the Federal Rules of Civil Procedure require: (i) numerosity, (ii) commonality, (iii) typicality, & (iv) adequate representation. [read post]
28 Jun 2011, 5:50 am
In order for a "class" in a class action to be certified, the Federal Rules of Civil Procedure require: (i) numerosity, (ii) commonality, (iii) typicality, & (iv) adequate representation. [read post]
Southern District of Florida Refuses to Dismiss Negligence Lawsuit Filed Against Cruise Ship Company
10 Nov 2014, 10:26 am
In a federal lawsuit, a party’s case may be dismissed for failure to state a claim on which relief may be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure. [read post]
10 Sep 2024, 3:00 am
READ NOW » Related Content Texas Federal Court ‘Sets Aside’ FTC’s Noncompete Clause Rule Compare the Ryan LLC case’s outcome with ATS Tree Services v. [read post]
10 Apr 2017, 4:52 pm
Supreme Court’s decisions on the subject, including in AT&T Mobility v. [read post]
31 May 2016, 3:04 pm
The procedural context of the Cyan case is important to understand. [read post]
19 Dec 2022, 1:14 pm
A federal appeals court ruled against the designer. [read post]
4 Apr 2013, 9:35 am
The Appeals Court summarizes the case saying, "The district court, which had jurisdiction. . . dismissed ERF's action for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), without leave to amend. [read post]
4 Jan 2016, 6:48 am
[Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioners in Dollar General Corporation v. [read post]
8 Nov 2021, 11:52 am
As I have noted on this site, there are procedural aspects of False Claims Act claims (particularly relator qui tam actions) that can make these kinds of claims an awkward fit under D&O insurance policies. [read post]
26 Jan 2021, 10:21 am
Under existing law, copyright infringement actions can be litigated only in federal district court. [read post]
18 Oct 2023, 7:00 am
INFORM Consumers Act & States Illinois’s enacted its version of the INFORM Consumers Act (Illinois Act) in May 2022, effective in January 2023, about six months before its federal counterpart. [read post]
9 Mar 2023, 6:58 am
The SAD Scheme capitalizes on weak spots in the Federal Rules of Civil Procedure, judicial deference to IP rightsowners, and online marketplaces’ desire to reduce their liability exposure. [read post]
2 Jul 2020, 10:36 am
Defendants moved to dismiss Fulton’s complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing the fax was not an “advertisement” under the TCPA. [read post]
1 Oct 2008, 6:59 am
Howard teaches civil procedure, evidence, federal courts, civil rights, and First Amendment. [read post]
23 May 2017, 10:48 am
Defendants have asserted that the Sixth Amendment and Federal Rule of Criminal Procedure 16 entitle them to extensive information about the Playpen NIT. [read post]