Tag: Rule 12(b)(6)

Accident in Search of a Cause of Action: the Alaska Supreme Court Strikes Out

The Alaska Supreme Court has come down with a decision that appears to place any owner of premises, such as the fast-food restaurant in the case, at risk for any dumb thing a motorist who might claim to be patronizing the premises does on the way to the premises, even if illegal. The plaintiff need not be someone patronizing the restaurant, but just passing by on the way to other things. This is a bad decision, with a good dissent that shows why.… Continue Reading

Denny’s Sodium Claims in Illinois Tossed on FRCP 12(b)(6) Motion

As anticipated, the "sodium" claims against Denny’s asserted in federal district court in Illinois have been dismissed on a Federal Rule of Civil Procedure (FRCP) 12(b)(6) motion. A copy of the court’s order is here. As discussed previously in this blog, the Illinois action alleges claims of consumer fraud, breach of implied warranty of merchantability, unjust … Continue Reading

Court’s Decision on CR 12(b)(6) Motion In Zupnik: FFDCA Preemption Under Further Attack and Twombly Ignored

We previously cited the motion to dismiss in Zupnik, et al. v. Tropicana Products, Inc. as an example of good pleading practice in a putative consumer fraud class case. United States District Judge Dale S. Fischer apparently disagreed with our assessment, this week issuing an order denying the motion. Tropicana’s lead argument was a failure of … Continue Reading
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