Constitutional Law Civil Remedies

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Reading Tea Leaves From Today’s U.S. Supreme Court Arguments In The Tyson Foods Class Action

The U.S. Supreme Court heard arguments today in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (U.S. Nov. 10, 2015). Many pundits believe the case has enormous implications for workplace class action litigation, as the case...more

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more

States Take Aim At Health Insurance Providers Fee In New Litigation

Three states—Kansas, Louisiana and Texas—filed a complaint in federal court on October 22, 2015 challenging the constitutionality and legality of the Affordable Care Act’s health insurance providers fee. The health...more

Does an offer of complete relief moot a putative class action? US Supreme Court hears oral argument in Campbell-Ewald Co. v. Gomez

The United States Supreme Court has heard oral arguments in the much-watched Campbell-Ewald Co. v. Gomez, No. 14-857, case. The two questions presented in Gomez that are of importance to class action practice are... ...more

Mixed Ruling in Suit Challenging Operation Choke Point

Why it matters - A D.C. federal court judge issued a mixed ruling in a suit brought on behalf of payday lenders against the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board of Governors, and the...more

Going on Offense against State Deceptive Trade Practices AG Actions

We have posted many times about cases where a manufacturer of a regulated product is sued over alleged violations of a state consumer protection or deceptive trade practices act because of something allegedly amiss in the...more

U.S. Supreme Court’s October 2015 Term Promises Slew of Significant Labor and Employment Cases

Each year, the U.S. Supreme Court begins its term on the first Monday in October. Although known as the “October Term,” the term in fact continues, alternating between two-week “sittings” and “recesses,” until late June or...more

Waivers of Rights to Compensation are Enforceable in Eminent Domain Actions

It’s not every day you’re involved in a successful eminent domain case before the California Court of Appeal. It’s even more unusual when the case deals with a number of interesting legal issues, such as the enforceability...more

Updates on Environmental, Administrative and Regulatory Law: EARL e-News: Sixth Circuit Stays New 'Waters of the United States'...

On October 9th, the U.S. Court of Appeals for the Sixth Circuit issued a nationwide stay precluding implementation of controversial new rules issued by the Environmental Protection Agency (EPA) and the U.S. Army Corps of...more

Despite Ruling, Free Speech Statute Continues To Offers Some Defenses

In two prior posts this week I talked about the significance of a new Connecticut Supreme Court case that has expanded the free speech rights of employees in the workplace. But do employers have any other defenses to...more

Illinois Appellate Court Holds City of Chicago Tax on Cars Rented Outside of but Used Within the City Valid

An Illinois Appellate Court, in Hertz Corp. v. City of Chicago, 2015 IL App (1st) 123210 (Sept. 22, 2015), gave the City of Chicago (City) permission to require rental car companies to collect tax on vehicle rentals from...more

Post-Grant Challenges in Life Sciences: A Midyear Assessment

The America Invents Act established inter partes review and post-grant reviews mechanisms to challenge the validity of issued United States patents. These procedures were created to improve patent quality, and were introduced...more

Reply Brief filed in Spokeo v. Robins – Oral Argument next on Nov. 2

In its reply brief in Spokeo v. Robins, petitioner Spokeo comes out of the gate with the consequential argument that for Robins to prevail, the Supreme Court must accept his position that every violation of a statutory right...more

Back in Court: DMA Argues Before the Tenth Circuit to Follow Quill

Direct Marketing Association (DMA) continued its fight against Colorado’s use tax reporting regime during oral arguments today before the United States Court of Appeals for the Tenth Circuit. After getting sidetracked with a...more

So Much for A Contingency Plan: Can the Florida Legislature Abrogate an Attorney’s Contingency Fee in Tort Claims Against the...

Like many states, Florida has only partially waived its sovereign immunity by statute. Thus, a plaintiff’s recovery against the state is generally limited to no more than $200,000 per incident. This statutory cap, however,...more

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Copyright holders cautioned to be careful about sending takedown notices

In an Opinion issued Monday, September 14, 2015, in Lenz v. Universal, the Ninth Circuit Court of Appeals held that the Digital Millennium Copyright Act (DMCA) “requires copyright holders to consider fair use before sending a...more

First Amarin Pharm v. FDA, Now Pacira Pharm, Inc. v. FDA

The Southern District of New York certainly is becoming a hotbed for issues relating to the FDA’s ability to take enforcement action against manufacturers who promote their FDA-regulated products for uses outside the approved...more

Response from Robins in the Spokeo Case at the U.S. Supreme Court

This week, the respondent in Spokeo v. Robins filed his merits brief. The main thrust of the brief challenges Spokeo’s assertion that Robins lacks standing without “real-world” injury. Instead Robins argues that he meets the...more

Court Compels Production Of Core Technical Documents But Declines To Correct Claims In The Patents

Fallon, M. J. Plaintiff’s motion to compel documents is granted in part and denied in part. Its motion to correct and amend its motion to compel is denied as moot. Its motion to amend its complaint is denied as moot. Its...more

GAME OF (STICKS &) STONES – Prior Restraint & Online Defamation

In previous posts, we have explored several aspects of internet defamation – including suing anonymous internet and twitter users and the protections afforded to internet users and providers for re-publishing content under...more

What Happens When the United States Condemns a Street, Road or Public Highway?

Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or...more

Business Court Enjoins Enforcement Of High Interest Rate Loans Made By American Indian-Related Business

Judge Gale's opinion last week in Western Sky in State v. Western Sky Financial, LLC, 2015 NCBC 84 has a little bit of everything in it: choice of law, the U.S. Constitution, claims for usury (excessive interest rates) and...more

Federal Circuit Review | August 2015

Online Banking Patents Based On “Abstract Ideas” Held Patent Ineligible Under Alice - In Intellectual Ventures I LLC v. Capital One Bank (USA), NA, Appeal No. 2014-1506, the Federal Circuit held that claims directed to...more

Another Successful First Amendment Challenge to the Prohibition of Off-Label Promotion for FDA-Approved Drugs

The Free Speech Clause of the First Amendment prevailed in the latest challenge to the FDA's prohibition against marketing FDA-approved drugs for off-label (or non-FDA-approved) uses. Applying the Second Circuit’s...more

901 Results
View per page
Page: of 37

Follow Constitutional Law Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.