News & Analysis as of

Injunctive Relief Declaratory Judgments

Cozen O'Connor

Illinois AG Sues Southeast Energy Consultants Alleging Deceptive Marketing of ARES Contracts

Cozen O'Connor on

Illinois AG Kwame Raoul sued marketing company Southeast Energy Consultants LLC, which acquires customers on behalf of alternative retail electric suppliers (ARES), for allegedly deceiving consumers into switching from their...more

Cozen O'Connor

Republican AGs Take Another Bite at the Apple in Challenging Student Loan Cancellations

Cozen O'Connor on

11 Republican AGs filed a lawsuit against the Biden administration and the Department of Education (ED) alleging that they exceeded executive and agency authority in implementing the SAVE Plan, which provides student loan...more

Axinn, Veltrop & Harkrider LLP

Done Shopping

On March 12, 2024, the Judicial Conference of the United States announced an amendment of the policy governing random case assignment to “deter[] judge-shopping.” This amendment, effective immediately, applies to all civil...more

Schwabe, Williamson & Wyatt PC

SBA Files Notice of Compliance in Response to Ultima Ruling

On August 30, 2023, the Small Business Administration (“SBA”) filed a “Notice of Compliance” in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, U.S. District Court for the Eastern District...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead Ammunition/National Wildlife Refuge System: Sierra Club Challenges U.S. Fish and Wildlife Service Withdrawal of Ban in Canaan...

The Sierra Club and two other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the U.S. Fish and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Energy & Environment - Division of Environmental Quality V. U.s. Environmental Protection Agency: Joint...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2021 – 2022

A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022. Governance - Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022) - ...more

Sheppard Mullin Richter & Hampton LLP

Fintech Flips Script, Sues California Regulator Over 36% Rate Cap Law

On March 7, a Chicago-based FinTech company  filed a Complaint for Declaratory and Injunctive Relief in Los Angeles County Superior Court against the Commissioner of the California Department of Financial Protection and...more

Mintz

You should care that the First Circuit decided yesterday to reconsider (again) its respect for the role of Federal and State...

Mintz on

This week the First Circuit Court of Appeals decided to rehear, en banc, the argument of a Massachusetts-based NGO that a 2014 Massachusetts Department of Environmental Protection Administrative Consent Order did not preempt...more

Jackson Lewis P.C.

What to Know About New York City’s Law on COVID-19 Severance Pay for Hotel Workers

Jackson Lewis P.C. on

Under a New York City law, hotels with at least 100 rooms that either (1) experienced a mass layoff of 75% or more of their workforce or (2) were closed to the public during the COVID-19 pandemic, but have not reopened to the...more

McDermott Will & Emery

Federal Circuit Puts Patent Infringement Award/Injunction Back in the Box

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit, exploring the use of Federal Rule of Civil Procedure 60(b)(3) under Ninth Circuit law, affirmed a district court’s ruling setting aside a monetary damages judgment and an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Challenges U.S. Department of Labor’s Final Rule on FFCRA

On April 14, 2020, the State of New York filed a lawsuit against the U.S. Department of Labor (DOL) seeking declaratory and injunctive relief in the U.S. District Court for the Southern District of New York. In the lawsuit,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Species Listing/Endangered Species Act: Center for Biological Diversity Lawsuit Alleging U.S. Fish and Wildlife Service Failure to...

The Center for Biological Diversity (“CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) on February 27th against the United States Fish and Wildlife Service (“Service”) in the United States District...more

McNees Wallace & Nurick LLC

Will the Federal Arbitration Act Dismantle California’s Prohibition Against Employment Arbitration?

If your business operates in California, you need to be aware of AB 51, a law that will take effect January 1, 2020.  AB 51 precludes employers from requiring any applicant or employee, as a condition of employment, continued...more

McDermott Will & Emery

Ninth Circuit Preserves LinkedIn Competitor’s Data-Scraping Rights

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction forbidding professional networking platform LinkedIn from denying data analytics company hiQ access to publicly available LinkedIn profiles. HiQ...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Definition of "Customer" in FINRA Arbitration

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a broker/dealer’s effort to prevent a FINRA arbitration case involving representatives selling away activities from going forward. The plaintiff, Centaurus Financial, sought...more

Proskauer - California Employment Law

Public Employee Union Members Sue Over Forced Dues Payments

Five In-Home Supportive Service (“IHSS”) providers filed a class-action lawsuit last month challenging their union’s practice of deducting union dues despite their quitting the union. The workers allege their First Amendment...more

PilieroMazza PLLC

Challenging a Negative CPARS: What Remedies Are Available? - Set-Aside Alert

PilieroMazza PLLC on

As any experienced government contractor knows, poor performance under a federal contract can have significant consequences. ...more

Jones Day

Collective Redress in Europe: Comparing the European and German Framework

Jones Day on

The Situation: In 2018, Germany introduced a model declaratory action giving qualified institutions the right to raise liability claims on behalf of groups of consumers in a representative action. Once the court has issued a...more

McDermott Will & Emery

Declaratory Judgment Action for Copyright Infringement Can Proceed Even If Defendant Doesn’t Own Registration

McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit held that federal courts have jurisdiction to hear a declaratory judgment action for injunctive relief involving the Copyright Act even where the defendant does not have a...more

Bricker Graydon LLP

Exelon files complaint and injunction motions against FirstEnergy Solutions in bankruptcy case

Bricker Graydon LLP on

On November 26, 2018, Exelon Generation Company, LLC (Exelon) filed a complaint in U.S. bankruptcy court for the Northern District of Ohio for declaratory judgment and injunctive relief, along with a motion for preliminary...more

Holland & Knight LLP

Federal Circuit Courts Affirm ADA Preemption of State Law Claims Challenging Air Ambulance Prices

Holland & Knight LLP on

The U.S. Courts of Appeals for the Eighth and Tenth Circuits recently affirmed district court opinions holding that the Airline Deregulation Act (ADA) preempted state law claims that challenged prices charged by air ambulance...more

Jones Day

Germany Introduces Class Actions for Consumer Claims

Jones Day on

The Situation: The German Parliament has approved the Act on Model Declaratory Proceedings ("Act"), which introduces, for the first time, class action-style litigation for consumer claims. The Plan: The Act will give...more

Jones Day

EU Class Actions in the Making

Jones Day on

The Situation: Currently, European law provides only for representative actions to stop or prohibit infringements of EU consumer law, but not for collective redress. As a result, significant differences exist in the...more

Jones Day

German Government Releases Draft Act on Class Actions in Germany

Jones Day on

The Situation: As agreed in the Coalition Contract of the current German government, the Federal Ministry of Justice officially presented the Act on Model Declaratory Proceedings ("Draft Act") on May 9, 2018, after protracted...more

38 Results
 / 
View per page
Page: of 2

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide