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Barbara A. Smith Tyson
Insights
Apr 06, 2021

Seventh Circuit Weighs in on Circuit Split and Concludes that Courts Cannot Grant Rule 12(b)(6) Motions to Dismiss Solely Because They are Unopposed

In Marcure v. Lynn, --- F.3d ---, 2021 WL 1138110 (Mar. 25, 2021), the Seventh Circuit joined six of its sister circuits (and split from two others) in concluding that Federal Rule of Civil Procedure…
Insights
Mar 18, 2021

Eighth Circuit Sides With Schools In Constitutional Challenge to Vaccine Religious-Exemption Form

While the topic of vaccines dominates today’s news, the Eighth Circuit recently affirmed the dismissal of constitutional challenges to Missouri’s mandatory form for requesting a religious exemption to…
Insights
Feb 24, 2021

Eleventh Circuit Finds No Article III Standing in Data Breach Class Action – Further Solidifying Circuit Split

Further solidifying a circuit split, the Eleventh Circuit recently held that neither the risk of future identity theft without any misuse of data, nor losses caused by mitigation efforts to reduce…
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