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Walmart argues that a demurrer is also warranted because West and Yeezy’s claims are barred by Section 230 of the Communications Decency Act, which “preempts the cause of action to the extent that [West and Yeezy are] seeking to hold Walmart liable for the conduct of the seller” of the imitation footwear.
In Iqbal and Twombly , the Supreme Court reinterpreted this rule to require nonconclusory allegations of specific facts that make the cause-of-action plausible. Such functional claim language, without more, is insufficient for patentability under our law. 12(b)(6) or “motion on the pleadings” under R.
City of Riverside to address an issue that’s a perennial favorite of law school moot courts and writing classes — the limits on a bystander’s right to recover for negligent infliction of emotional distress. ” Vehicle sales arbitration.
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