Administrative Agency Civil Remedies

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Courts Provide Guidance On FOIA Attorney’s Fee Provision And Creation Of Records

In two recent cases, Illinois courts provided guidance on when a party is a “prevailing party” under the Illinois Freedom of Information Act (FOIA) for purposes of obtaining attorney’s fees and whether a public body is...more

Feds Revive Efforts to Regulate Seclusion and Restraint

On February 12, 2014 the United States Senate’s Health, Education, Labor and Pensions [“HELP”] Committee released the results of its investigation into the use of restraint and seclusion in schools. Entitled Dangerous Use of...more

Court Orders Rogers to Pay $500,000 Competition Act Penalty and Provides Guidance on Remedies

On February 24, 2014, the Ontario Superior Court of Justice released its decision regarding remedies in Canada (Commissioner of Competition) v. Chatr Wireless Inc. The Court’s decision provides important judicial guidance on...more

Nonprofit Seeks to Enjoin DOJ Settlement with JP Morgan

On February 10, non-profit corporation Better Markets, Inc., filed a complaint in the United States District Court for the District of Columbia against the United States Department of Justice and the Attorney General of the...more

“Mind Your Own Business”- The Connecticut Supreme Court Limits Challenges to Licensing and Certification Decisions by Public...

In a much ballyhooed case, certain residents and taxpayers of the City of Bridgeport brought a “quo warranto” action in the courts, challenging the qualifications of the City’s Superintendent of Schools (Paul Vallas) to hold...more

IRS Lacks Authority to Issue and Enforce Tax Return Preparer Regulations

On February 11, 2014, the U.S. Court of Appeals for the District of Columbia upheld the decision of the District Court for the District of Columbia, affirming that the Internal Revenue Service (IRS) lacked the authority to...more

Standing to Seek Enforcement of Charitable Trusts

“It is the duty of the king, as parens patriae, to protect property devoted to charitable use; and that duty is executed by the officer who represents the crown for all forensic purposes.” Jackson v. Phillips, 96 Mass. (14...more

Attorney Fees Are Properly Granted Where School District Improperly Withholds Documents

In Garcia v. Bellflower Unified School District the California Court of Appeal for the Second Appellate District decided an interesting attorney fee claim arising under the California Public Records Act (“the Act”)....more

Effective Use of CPM Scheduling

In a relatively recent case, Metcalf Construction Co. v. U.S., 107 Fed. Cl. 786 (2012), the U.S. Court of Federal Claims once again looked to the critical path method (CPM) in determining the allocation of damages in a...more

California Courts Continue to Rule in Favor of Arbitration

California Supreme Court reverses rule that first required administrative hearing by state Labor Commissioner before permitting arbitration of wage and hour claims - In 2011, the California Supreme Court in...more

MoFo New York Tax Insights - Volume 4, Issue 10 - October 2013

In This Issue: Despite Incorrect Advice from NYS Tax Department, Conference Request Held to Be Untimely; Corporate Officer Liable for Sales Tax Despite Creditor’s “Sweep Arrangement” with Corporation; Charter Yacht Not...more

District Court rejects supervisor liability for state employee’s motor vehicle record data breach

In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers...more

Tribunals Explained Along With Their "Strengths & Weaknesses"

A detailed analysis of tribunals as a forum for dispute resolution. This involves a comparative case study of tribunals operating in different jurisdictions with particular regard to their merits and limitations. The study...more

Punitive Damages Not Available Under Cook County Human Rights Ordinance

The Illinois Supreme Court recently held that the Cook County Commission On Human Relations (the “Commission”) acted beyond the scope of its authority when it awarded punitive damages to a prevailing complainant in connection...more

U.S. v. Apple Inc et al

Copy of District Court Ruling that Apple Conspired to Raise E-Book Prices

On July 10, 2013, U.S. District Judge Denise Cote ruled that Apple conspired with five publishers to raise the price of e-books when it introduced the iBookstore in 2010. Here’s a full-text copy of her ruling (embed code...more

Illinois Supreme Court to Review Jurisdiction of Circuit Courts Over Pension Disputes

In the closing days of its May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our previews of those cases continue with People ex rel. Madigan v. Burge, a case which poses a...more

Woolworths – Widening the Ambit of Collective Redundancy Consultation

It has been reported that the UK's Employment Appeal Tribunal ("EAT") has overturned an employment tribunal decision denying protective awards to former employees of Woolworths who had worked in stores with fewer than 20...more

Tenth Circuit Issues its First Decision Interpreting SOX: Offers Broad Reading of the Act

On Tuesday, June 4th, the Tenth Circuit Court of Appeals issued its first decision interpreting the Sarbanes Oxley Act’s whistleblower protection provision, affirming a decision by the U.S. Department of Labor’s...more

May the Trustee’s Personal Debt to the Trust Owed as a Result of a Breach of Trust be Discharged in Bankruptcy?

The U.S. Bankruptcy Code provides that a personal debt is not dischargeable if the debt had been occasioned by the debtor’s defalcation while acting in a fiduciary capacity. Courts of appeals had long disagreed about the...more

Police Department City of New York v. Sergeant Raymond Stukes

Motion to Adjourn

Motion to Adjourn Trial ...more

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

GSEs: Ability-to-Repay and Qualified Mortgages

Yesterday, the Federal Housing Finance Agency (FHFA) announced that it is directing Fannie Mae ("Fannie") and Freddie Mac ("Freddie") to limit their future mortgage acquisitions to loans that meet the requirements for a...more

The Trust Being a Multi-Party Relationship, Whom Legal Counsel Represents Can Get Complicated

The trust being a multi-party relationship, it is not always that easy to discern at any given time whom legal counsel is representing, or should be representing, in matters relating to the trust’s creation and...more

FHA: Mortgagee Review Board - Administrative Actions

Periodically, we review with you the types of administrative actions taken by HUD's Mortgagee Review Board (MRB). The review of the MRB's published administrative actions should be considered a teaching moment for all FHA...more

Waiting for the CFPB

My sources tell me that the Consumer Financial Protection Bureau (CFPB) will soon announce substantial monetary penalties and other administrative actions against a large nonbank. I guess it is inevitable that when such an...more

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