The employer's motion to dismiss the employees

Overview

The employer's motion to dismiss the employees' FLSA claims for failure to pay a minimum wage and overtime was granted to the extent they sought compensation for work performed abroad given the provisions of 29 U.S.C.S. § 213(f). However, the claims survived to the extent they were based on work performed in California during a training period.

Outcome

Attorney to sue for breach of contract San Diego manages large and small legal issues in lawsuits that any business may need to negotiate as a regular course of business. Motion granted in part and denied in part.

Overview

Electric motorcycle manufacturer was denied leave to file an amended complaint where the proposed amendment failed to state plausible claims for product disparagement under the Lanham Act, for unlawful, unfair, or fraudulent practices under California's UCL, or trade libel. The motorcycle manufacturer also failed to aver any basis for joining additional companies as defendants to the action. The tire manufacturers' Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction was granted.

Outcome

Motion for leave to amend denied; motion to dismiss granted.