Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
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Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
Reed Smith has been advised, by representatives of Cook County (the “County”), that the County will be revising the language of the County Ordinance implementing the Cook County Non-Titled Personal Property Use Tax (the “Use...more
On May 7, 2013, a complaint was filed against Cook County to enjoin the county from enforcing its newly enacted Cook County Personal Property Use Tax (“Tax”). The Cook County Circuit Court has now set a briefing schedule on...more
After two years of negotiating with residential property owners, the Stanislaus County Board of Supervisors approved acquisition of the property by eminent domain. The Modesto Bee reports that the board approved the...more
An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals...more
In this issue: - California Court of Appeal: No Man May Profit From His Own Wrongdoing in a Court of Justice - The (True) Object of My Affection: A Nontaxable Stock Screening Service - Alternate Universe...more
José Alberro, director at Berkeley Research Group in California, examines stock market punishment and enforcement of the Mexican Federal Competition Commission decisions In the Mexican legal system, the recurso de...more
Earlier this week, the Illinois Supreme Court heard oral arguments in Earlywine v. Earlywine. In a fascinating, albeit one-sided argument (there was no appearance for the appellee), the Justices actively debated a wide...more
Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more
A winery which planned to increase sales revenues by developing a flagship estate cabernet wine using grapes grown on its own vineyard land, but has never been profitable in the past, does not have a claim for compensation...more
California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more
TABLE OF CONTENTS: - 1 Pet Restrictions in Condominiums - 4 Condo Pet Eviction - 5 Another Condo Pet Eviction - 6 Enforcement of Pet Rules – Something New! - 7 Nuisance Pets in Condominiums – It’s not the Dog’s...more
...Florida law provides that a judge may issue a writ of attachment “when the debtor (1) Is actually removing the property out of the state; (2) Is fraudulently disposing of the property to avoid the payment of his or her...more
I. Introduction - It is not difficult to imagine that you file an action to recover a loss and the defendant hastily transfers the cash to friends, wires money to relatives overseas, hides the vehicles out of state,...more
Originally published in the Seattle Daily Journal of Commerce on September 13, 2012. What rights do tenants have in an eminent domain proceeding? It has been established law in Washington that tenants have the right...more
Originally published in Competition Law360 on September 13, 2012. Ninety years ago Justice Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons,...more
In Severstal Dearborn, LLC et al. v. RG Steel, LCC et al., No. 653351/11 (Sup. Ct June 26, 2012) (“Severstal Dearborn”), the New York Commercial Division (Kornreich, J.) recently held that, under Delaware law, where a...more
Originally published in Life Insurance Law Committee Newsletter, Summer 2012. In three putative class actions brought by private plaintiffs seeking to require life insurers to undertake death matches, Ohio state and...more
The ability to discharge debts (i.e., liability on a claim) is essential to the fundamental goal of chapter 11 of the Bankruptcy Code – providing debtors with a fresh start by resolving all claims that arose before...more
A court of appeal found that a tenant of a privately owned low income, government-subsidized housing was deprived of a protected property interest when the property manager evicted a tenant at the conclusion of her lease...more
An Illinois circuit court in Performance Marketing Association, Inc. v. Hamer ruled that the Illinois "click-through" nexus statute (otherwise known as the Illinois "Amazon" law) violates the Commerce Clause of the United...more
In a victory for tenants, the U.S. Supreme Court has let New York City’s hallowed rent stabilization law stand, refusing to hear an appeal by the landlords of two townhouses on West 76th St. who challenged the...more
In the case of Ceglia v. Zuckerberg and Facebook Inc., the plaintiff, Paul D. Ceglia avers that he is a resident of the State of New York and that Mark Elliot Zuckerberg, CEO of Facebook, Incorporated, is a resident of...more
On March 30, 2012, the U.S. District Court for the District of Colorado permanently enjoined the enforcement of Colorado’s sales and use tax notice and reporting requirements. The Direct Marketing Association v. Roxy Huber,...more
In 2010, New Jersey’s unclaimed property statute was amended to provide for the custodial escheat of stored value cards (“SVCs”). The New Jersey Retail Merchants Association, the New Jersey Food...more
Supreme Court Restoration of Copyright in Foreign Works Passes Constitution Muster Patents No Declaratory Judgment Jurisdiction over Non-Asserted Claims; Injunction Affirmed Preliminary Injunctions...more
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