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“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

High Speed Rail Decision on Track for Review at Court of Appeal

Last Friday, Governor Brown’s administration (the “Petitioners”) filed a petition for extraordinary writ of mandate and application for temporary stay with the California Supreme Court, challenging Superior Court Judge...more

Annual Report On “Judicial Hellholes”

The American Tort Reform Association has released its annual report on “Judicial Hellholes”—a term it popularized for jurisdictions in which defendants often contend that they can’t get a fair shake. This year’s report...more

The NLRB Creates A New Defense

A federal district court in Washington has struck down an NLRB petition for a Section 10(j) injunction because the NLRB lacked a valid quorum at the time the petition was authorized. In Hooks v. Kitsap Tenant Support...more

CFPB moves to dismiss Morgan Drexen’s D.C. lawsuit; Morgan Drexen moves to enjoin CFPB’s CA action

In response to the motion for summary judgment filed by Morgan Drexen in its Washington, D.C. lawsuit against the CFPB, the CFPB has filed a motion to dismiss. After it was sued by Morgan Drexen, the CFPB filed an enforcement...more

Illinois Appellate Court Clarifies When Electronic Communications By Council And Board Members On Personal Electronic Devices And...

The Illinois Appellate Court recently ruled that electronic communications about public business sent or received by members of a city council during a public meeting or study session are “public records” subject to the...more

Illinois Appellate Court Narrows Attorney General's FOIA Opinion on Communications on Elected Officials' Private Devices

On July 16, 2013, the Appellate Court of Illinois for the Fourth District issued an opinion in City of Champaign v. Madigan, 2013 IL App (4th) 120662, that upheld the Illinois Attorney General's (AG) binding opinion (Public...more

Historic Patent Act Whets Washington's Appetite

On March 16, the most significant provisions of the America Invents Act (AIA) came into force. The AIA was seen as the most extensive alteration to patent law in half a century, and was hotly debated over nearly a decade. The...more

White House Issues Executive Actions and Legislative Recommendations Aimed at Patent Assertion Entities

Recognizing a problem that has long plagued Silicon Valley technology companies, on June 4, 2013, President Barack Obama issued executive actions and legislative recommendations "to protect innovators from frivolous...more

Illinois Not Liable for Elected Officials' Attorney Fees for Intentional, Willful or Wanton Misconduct

Does the State of Illinois have to pay elected officials' attorney fees when the underlying complaint alleges that the official committed "intentional, willful or wanton misconduct"? Earlier this month, a unanimous Illinois...more

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

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

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