Civil Remedies Updates

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Tiny’s Organic Settles EEOC Pregnancy Discrimination Suit

Wenatchee Fruit Grower to Pay $17,500 for Firing Supervisor Who Is Pregnant With Twins - SEATTLE - Wenatchee fruit grower Tiny's Organic will pay $17,500 and implement preventative measures to settle a pregnancy...more

Maryland’s New False Claims Act: Is It Enough?

Maryland Senate bill 374 (cross filed with House bill 405) has made its way to Governor Larry Hogan’s desk for signature. Championed by Attorney General Brian Frosh, the bill expands Maryland’s False Claims Act from its...more

Whistleblower Files Lawsuit Against JC Penney

A former part-time employee of department store JC Penney filed a retaliation claim, saying they were fired after alerting authorities that the retailer was overcharging its customers. This is just the most recent bad news...more

Court Clarifies Rules for Recovery of Attorneys' Fees in Eminent Domain Actions

In California eminent domain actions, the parties are required to exchange formal settlement proposals 20 days before trial. If the case proceeds to trial, the property owner may recover litigation expenses if its demand was...more

The Magic GST/HST Registration (or How to Make a Multimillion-Dollar GST/HST Assessment Disappear)

It is well known that a GST/HST-registered person can purchase certain types of commercial real property without paying GST/HST to the vendor. ...more

SEC Whistleblower Is Second Compliance Officer to Receive Award

On April 22, 2015, the U.S. Securities and Exchange Commission (SEC) issued its second whistleblower award to an employee with internal audit or compliance responsibilities. The recipient of the award is a compliance...more

It Ain’t Over Till it’s Over. Why Project Completion in California Isn’t as Straightforward as You Think

Why “Completion” is Important in California - In California, project “completion,” is important not only for getting paid, but for also understanding the deadlines associated with California’s statutory construction...more

Texas Supreme Court weekly orders (5/15)

In its weekly orders, the Texas Supreme Court issued one opinion and granted two cases for review. The opinion is in No. 13-0439, Ross v. St. Luke's Episcopal Hospital. In this case, a hospital visitor slipped on a wet...more

Lone Pine Order Reversed: Rocky Mountain Low

We think Lone Pine orders are fair and useful tools, and we believe that courts should use them more often, not less. We learned last week that the Colorado Supreme Court disagrees, at least when reviewing the particular...more

Nevada Supreme Court holds that Voluntary Payment Doctrine Prohibits a Party from Recovering Amounts Wrongly Paid to Homeowner’s...

On September 30,2014, we posted “Lenders Beware: the Nevada Supreme Court Holds that Foreclosures of Homeowner’s Association Liens May Extinguish First Priority Deeds of Trust” which discussed the recent decision of SFR...more

Texas Insurers: Don’t Forget ‘Excessive Demand Doctrine’

With the onslaught of recent hail and other weather related litigation, insurance carriers routinely see excessive and unreasonable settlement demands in statutorily required presuit notice letters. The “excessive demand...more

The Construction Advantage – Issue 16

Welcome to the sixteenth edition of The Construction Advantage! In our latest issue, we thought we would throw a curve ball, in honor of the beginning of baseball season. Construction Law Group Chair Michael Bosse highlights...more

California Court Explains the Interrelationship Between the Resolution of Necessity and Project in the Manner Proposed in an...

One of the issues often disputed between public agencies and property owners in eminent domain actions is the assessment of severance damages, and in particular, whether damages should be based upon (i) the terms of the...more

Update: New Measures Adopted by Quebec to Promote Integrity in Public Contracts

On April 1, 2015, the Act to Ensure Mainly the Recovery of Amounts Improperly Paid as a Result of Fraud or Fraudulent Tactics in Connection with Public Contracts (Act) received assent following its unanimous adoption by...more

California’s “Independent” Cumis Counsel Regime Faces A Novel Challenge

On May 5, the California Supreme Court will hear argument in a case that has the potential to profoundly change the relationship between the insurer, its insured and the insured’s independent defense counsel under Civil Code...more

New Tribunal Compensation Limits 2015

The annual increases in compensation took effect on 6 April 2015. The most notable changes are as follows: - The limit on a week's pay for the purposes of calculating statutory redundancy payments and the basic award...more

Onward to Trial: Federal Court Rejects Vermont’s Motion to Dismiss GMA Lawsuit

Despite a stiff litigation challenge from the food industry, Vermont’s GMO-labeling campaign marches on. This week saw major developments in the suit brought by the Grocery Manufacturers’ Association and other food industry...more

Court Of Chancery Permits Equitable Dissolution

In this precedent-setting decision, the Court upholds the right of an assignee of an LLC interest to petition for its dissolution....more

Alabama Legislature Abolishes Weeks Innovator Liability Theory

That didn’t take long. Yesterday the Alabama House of Representatives passed SB-80, which abolishes the innovator liability theory created in the execrable decision in Wyeth, Inc. v. Weeks, ___ So.3d___, 2014 WL 4055813...more

Illinois Supreme Court Appears Skeptical of Wrongful Death Claim Arising From Suicide

Earlier this month, the Illinois Supreme Court heard oral arguments in Turcios v. The DeBruler Company. Turcios poses a simple question: can a plaintiff state a claim for wrongful death arising from a suicide? Our detailed...more

The High Price of Challenging a Refusal to Register a Trademark in District Court

Applicants who challenge in a federal district court a Trademark Trial and Appeal Board decision that upholds a PTO refusal to register a trademark may be required to reimburse the government for PTO attorney fees, even if...more

New York court orders worldwide discovery from Spanish bank

In a recent decision that is now on appeal, a New York federal judge ordered a Spanish bank that maintained a New York branch to make inquiry of “all branches, within and without New York State,” for account information that...more

Environmental Alert: "Potential Seismic Activity from Injection Wells Prompts Railroad Commission of Texas to Order Hearings"

On Friday, April 24, the Railroad Commission of Texas (RRC) ordered hearings regarding two waste injection well permits. The hearings are to address an alleged connection between the injection wells and seismic activity in...more

Privy Council Clarifies When Innocent Third Parties are Liable to Victims of Fraud

To what extent must a bank make inquiries as to the commercial purpose of a transaction, particularly a transaction involving an offshore structure? And when is a bank liable to compensate a victim of theft for receiving...more

Fourth Circuit Cleans Up Damages Award in Paper Towel Dispute and Sets Standard for the Award of Fees in Trademark Cases

In Georgia-Pac. Consumer Products LP v. von Drehle Corp., ___ F.3d ___, 2015 WL 1404765 (4th Cir. Mar. 30, 2015), as amended (Apr. 15, 2015), the Fourth Circuit reversed a damages award and clarified the standard for damages...more

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