Tag Archives: Dismiss

It’s Really Hard to Win a Motion to Dismiss Based on 512(c)–Myeress v. Buzzfeed

512(c) and 230 diverge in key procedural respects, including the implicaitons of scienter for motions to dismiss. Section 230(c)(1) has no scienter standards, so defendants can win on motions to dismiss despite virtually any scienter allegations. In contrast, Section 512(c)’s … Continue reading

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Influencer Survives PopSugar’s Motion to Dismiss in IP Lawsuit

The repurposing of social media images has its risks and should only be undertaken in accordance with the platform’s terms of use and applicable law. PopSugar has been unable to shake a copyright infringement class action brought by social media … Continue reading

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Judge Noreika Grants Defendants’ Motion to Dismiss Plaintiff’s Antitrust Claims for Failure to State a Claim

By Memorandum Opinion entered by The Honorable Maryellen Noreika in Prescient Medicine Holdings, LLC v. Laboratory Corp. of America Holdings, et al., Civil Action No. 18-600-MN (D.Del. February 14, 2019), the Court granted Defendants’ motion to dismiss all claims of … Continue reading

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Court Declines to Dismiss Shareholder Lawsuit Alleging Failure to Use “Commercially Reasonable Efforts” to Develop Product

The Delaware Court of Chancery recently denied a motion to dismiss a breach of contract suit brought by former shareholders of a corporation, who alleged that the corporation’s buyers had failed to fulfill their obligations under a merger contract. Himawon, … Continue reading

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Musk lawyers move to dismiss cave explorer lawsuit over “pedo guy” tweets

Enlarge / Elon Musk speaks in Austin, Texas, on March 10, 2018. (credit: FilmMagic/FilmMagic for HBO) On Wednesday, lawyers representing Elon Musk asked a federal judge to dismiss a defamation lawsuit brought by a British cave explorer whom Musk called … Continue reading

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