Civil Remedies › Civil Procedure › Election & Politics Law

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more

Update on CA case challenging Mr. Cordray’s appointment

We have been following the case filed this past summer by the CFPB in a California federal court against an attorney and his law firm that offered mortgage assistance relief services to consumers. In CFPB v. Chance Edward...more

Court Provides SLAPP Relief - But Not Enough

In 2010, Ontario's Anti-SLAPP Advisory Panel released released its Report to the Attorney-General. (A "SLAPP" is a "Strategic Lawsuit Against Public Participation" - a lawsuit intended to silence criticism by employing a...more

Bill That Could Nullify Howell Moves Forward

California trial lawyers have made no secret of their intent to nullify the Howell v. Hamilton Meats & Provisions, Inc. decision with new legislation this year. If Howell is nullified or restricted by legislation this...more

Do The Taxpayers HAVE To Pay Elected Officials' Legal Fees?

Our second new grant of the May term at the Illinois Supreme Court is McFatridge v. Madigan. McFatridge involves a simple question: if an elected official gets sued for his or her official actions, who pays the lawyer? Turns...more

The Supreme Court Confronts Controversies Overseas, But Will Congress Have the Final Word?

The proper role of US courts in policing conduct abroad is commanding the Supreme Court’s attention and may soon command that of Congress. Since 1789, the Alien Torts Claims Act (“ATCA”) has long conferred jurisdiction upon...more

Whalen: Go Back To The Future To Fight Fraud With Equity Receivers [Video]

May 23 (Bloomberg Law) -- Chris Whalen, senior managing director at Tangent Capital Partners, and Bill Rochelle from Bloomberg News talk with Bloomberg Law's Lee Pacchia about how the so-called in pari delicto defense stops...more

Corporate Spending Post-Citizens United Decision Comes under Attack

The Supreme Court decision in Citizens United v. Federal Election Commission, 558 U.S. —, 130 S.Ct. 876 (2010), lifted long-standing limits on corporate and labor union political spending. Prior to Citizens United, federal...more

Three States’ Supreme Courts Take on Malpractice Caps

The medical professionals who let a Florida mother bleed to death after giving birth, as well as those whose negligence led to disabling brain injuries in a Missouri boy, could learn that their errors will cost them much more...more

There’s Something About Section 800 And ISS Adds Panelist

California Corporations Code Section 800 governs derivative lawsuits. Yesterday, I wrote about the fact that the California legislature has made Section 800 expressly applicable to foreign corporations (as defined in Section...more

Perry v. Perez

Brief Of Amicus Curiae CATO Institute In Support Of Neither Party

The decennial redrawing of electoral districts consistently produces extensive litigation. The most notable cases this cycle come, as they often have, from Texas. A number of activist groups challenged the Texas legislature's...more

Trade & Manufacturing Alert - September 2011

In This Issue: - 01 “False Statement” Dispute In U.S.-China Trade Remedy Cases - 01 Despite Senate Procedural Agreement, Uncertainty Continues on TAA/FTAs - 02 Brazilian President Announces Plan To Revive...more

Tort Reform Advances In Tennessee

Readers know that tort reform is an important issue we have posted on before, at the federal and state level. Latest update: Tennessee recently enacted reform legislation that will, among other things, limit the amount of...more

Texas Loser Pay Bill Becomes Law

Effective September 1, 2011 On Monday, May 30, 2011, Texas Governor Rick Perry signed HB 274 into law. The passage of the bill comes after months of intense legislative debate and publicity. Although the bill originally...more

Damages for negligent misstatement - McKie v Swindon College

HR practitioners and lawyers will be familiar with the UK case of Spring v Guardian Assurance [1995] 2 AC 296, that an employee may make such a claim following a reference negligently prepared by an employer. Regular readers...more

Private Attorney General Doctrine Authorizes Attorney Fees in a Political Dispute

In Wilson v. San Luis Obispo County Democratic Central Committee, 2011 DJDAR 2416 (2011), the California Court of Appeal for the Second District decided an interesting fee case arising from a political dispute. The...more

Thursday Will Be Busy at the Illinois Supreme Court

The Illinois Supreme Court has announced that on the morning of Thursday, March 24th, it will file opinions in five civil cases: • Williams v. Board of Review, No. 109469--Was terminated employee entitled to a good cause...more

West Virginia needs Substantive Right of Appeal

In 2008, the West Virginia Supreme Court refused to hear appeals in the Tawney and Wheeling Pitt cases, cases that garnered national headlines as two of the five largest jury verdicts in the United States that year. The...more

California Expedited Civil Jury Trials Act

On September 30, 2010, California Governor Arnold Schwarzenegger signed into law the Expedited Jury Trials Act. The Act, introduced by a former insurance defense litigator, allows litigants to agree to a quicker, simpler, and...more

Virginia BZAs Get “Off the Hook” on Appeal

The 2010 Virginia General Assembly adopted HB 1063, which is a helpful simplification of the process by which BZA decisions are appealed to circuit court. It is effective July 1, 2010. Need for the Bill This bill was...more

Medicare Secondary Payer Reporting and Repayment Obligations: Is Relief on the Way?

The Medicare Secondary Payer Enhancement Act of 2010 (MSPEA)1 was introduced in Congress on March 9, 2010, and would amend the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) statute to address many of the...more

Illinois Supreme Court Upholds Patients' Rights In Medical Malpractice Cases

For the third time in recent years, the Illinois Supreme Court has rejected the State legislatures attempt to limit the rights of those who have been harmed by negligent doctors and hospitals. This most recent decision...more

RMF Litigator - January 2009

IN THIS ISSUE: *Striking Key To Keyboard: Email and the Statute of Frauds *The Court Of Appeals’ Search For A New Chief Judge *Removal Refresher Please see full newsletter below for more information....more