Emerging Automotive LLC v. Kia Corporation et al, No. 2:23-cv-00437 (E.D. Tex. Mar. 28, 2025)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is the Rule 12(b)(6) Motion to Dismiss Count 4 of Plaintiff’s Second Amended Complaint for Lack of Subject Matter Eligibility (the “Motion to Dismiss”) filed by Defendants Toyota Motor Corp.; Toyota Motor North America, Inc.; Toyota Motor Engineering & Manufacturing North America, Inc.; and Toyota Motor Sales, U.S.A., Inc. (collectively, “Toyota”). (Dkt. No. 108.) Having considered the Motion to Dismiss and related briefing, the Court finds that it should be and hereby is DENIED WITHOUT PREJUDICE.