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Injunctive Relief Declaratory Relief

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented...more

Ninth Circuit Holds ADA Certified Class Has Standing to Challenge Facilities Not Personally Visited by Plaintiff

by Carlton Fields on

Plaintiff, seeking declarative and injunctive relief, brought a putative class action alleging that the city and county of San Francisco failed to comply with certain requirements of the Americans with Disabilities Act,...more

SCOTUS to Weigh In on Two Biosimilar Patents, Provisions of the BPCIA in 2017

2017 is shaping up to be a big year for biosimilars and for the Biologics Price Competition and Innovation Act of 2009 (BPCIA) specifically. The Supreme Court is scheduled to hear oral arguments on April 26, 2017, that will...more

Environmental Groups Sue Federal Agencies Again in Unending Legal Battle Over Offshore Oil Development

by Stoel Rives LLP on

On November 11, 2016, the Environmental Defense Center (“EDC”) and Santa Barbara Channelkeeper jointly filed suit against several federal agencies including the Bureau of Ocean Energy Management and the Bureau of Safety and...more

Video-Streaming Companies See the “Netflix Tax” Going into Effect Around the Country to the Dismay of “Cord Cutters”

by Butler Snow LLP on

If you are like many other Americans, then you may have “cut your Cable TV cord” and turned to streaming movies and shows through your accounts with Netflix, Amazon Prime, Hulu, HBO GO, SlingTV, or other video streaming tech...more

AHCA Sues to Enjoin Prohibition on Binding Arbitration

by Foley & Lardner LLP on

On October 4, 2016 CMS issued its Final Rule entitled “Reform of Requirements for Long Term Care Facilities” which updates the requirements for all SNFs and NFs participating in Medicare and Medicaid. Many of the changes...more

September Surprise? Two Federal Lawsuits Attack the Validity of the New FLSA Overtime Rule

The effective date for the revisions to the U.S. Department of Labor (DOL) overtime regulations is less than 80 days away, and employers continue to struggle with the challenges created by changes to the existing rule. On...more

DOJ Files Suit Against California Lenders Alleging Discriminatory Loan Modification Scheme

by Goodwin on

On August 23, 2016, the Department of Justice (DOJ) announced the filing of a lawsuit in the United States District Court for the Northern District of California against several California-based mortgage loan modification...more

ACLU Suing To Limit The Scope Of The Computer Fraud And Abuse Act And Promote Research Of Online Discrimination

by King & Spalding on

On June 29, 2016, the American Civil Liberties Union filed a lawsuit against Loretta Lynch in her official capacity as the United States Attorney General to challenge the constitutionality of a provision of the Computer Fraud...more

Amgen v. Sandoz Update -- Supreme Court Seeks Views of United States

In other Supreme Court news from Monday, June 20, 2016, the Court invited the Solicitor General to file briefs in the Sandoz v. Amgen (No. 15-1039) and Amgen v. Sandoz (No. 15-1195) appeals to express the views of the United...more

A Circuit Split is Born. Eleventh Circuit Rules Declaratory Relief and Disgorgement Sought by the SEC Are Subject to 5-Year...

by McGuireWoods LLP on

On May 26th, the Eleventh Circuit held that declaratory relief and disgorgement sought by the SEC are subject to the 5-year statute of limitations under 28 U.S.C. § 2462, but injunctive relief is not. The court’s holding...more

In Apparent First, Eleventh Circuit Extends Five-Year Statute of Limitations to Declaratory Relief and Disgorgement Actions by SEC...

by Bryan Cave on

A federal appellate court recently held that the five-year statute of limitations in 28 U.S.C. § 2462 applies to actions by the Securities and Exchange Commission for declaratory relief and disgorgement. The decision extends...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Second Circuit rejected a challenge to the SEC’s venue selection decisions, concluding that the district court did not have jurisdiction to hear an issue regarding the Appointments Clause. This is the third circuit court...more

11th Cir: SEC Disgorgement, Declarative Relief Subject to 5-Yr Bar

by Burr & Forman on

Last week, the 11th Circuit held that the limitations period of 28 U.S.C. § 2462 bars disgorgement or declarative relief for acts having occurred five years before the SEC files an action. The Court drew a distinction...more

Eleventh Circuit Rules Disgorgement No Different Than Forfeiture, Barring SEC From Seeking Ill-Gotten Gains Outside Five-Year...

A three judge panel in the Eleventh Circuit issued a ruling last Thursday in Securities and Exchange Commission v. Barry Graham et al., Case No. 14-13562, holding—contrary to several other circuits—that the remedy of...more

SEC Request For Declaratory Relief, Injunction Time Barred

by Dorsey & Whitney LLP on

In Gabelli v. SEC, 133 S.Ct. 1216 (2013) the Court cautioned against leaving “defendants exposed to Government enforcement action . . . for an additional uncertain period into the future” beyond the five year limitation...more

Buy One, Get One Free: Appellate Court Strikes Deal to Permit Defendant’s Second Attempt at Removing Class Action Beyond Initial...

by K&L Gates LLP on

Addressing an issue of first impression, the Sixth Circuit Court of Appeals in Graiser v. Visionworks of America, Inc., recently upheld a defendant’s second attempt at removing a class action to federal court under the Class...more

NC Business Court Refuses To Enjoin Similar British Lawsuit

by Brooks Pierce on

It's possible to get an NC state court to enjoin a party from pursuing parallel litigation in another American state. But what about enjoining a party before an NC court from pursuing a parallel case in another country?...more

The Supreme Court - March 2016 #4

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in four cases on March 22, 2016: Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146: Respondents, employees at a pork processing plant of petitioner Tyson Foods, filed a...more

Supreme Court Decides Sturgeon v. Frost

by Faegre Baker Daniels on

On March 22, 2016, the Supreme Court of the United States decided Sturgeon v. Frost, No. 14-1209, vacating a decision of the Ninth Circuit and leaving open the possibility that Section 103(c) of the Alaska National Interest...more

Court Vacates Arbitration Decision That Allowed Class Members To Opt-Out Of Injunctive Relief Class, Finding Arbitrator Exceeded...

by Carlton Fields on

Reviewing a previously conferred arbitration award, a district court in New York granted defendant Sterling Jewelers’ motion to vacate the decision to the extent that it would have allowed class members the opportunity to...more

The ERISA Litigation Newsletter - October 2015

by Proskauer Rose LLP on

Editor's Overview - This month, we review the Second Circuit's ruling in New York State Psychiatric Ass'n, Inc. v. UnitedHealth Grp. wherein the Second Circuit ruled that: (i) a provider association has associational...more

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Campbell-Ewald Co. v. Gomez: Thoughts on Supreme Court Oral Argument

Campbell-Ewald Co. v. Gomez was argued yesterday in the U.S. Supreme Court. It is one of several major class action cases that will be decided by the Court this Term. It presents the question of whether a putative class...more

Ray Charles Foundation Can Challenge Heirs’ Attempt to Reclaim Copyrights - Ray Charles Foundation v. Robinson et al.

by McDermott Will & Emery on

The U.S. Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a suit brought by the sole beneficiary of the Ray Charles estate, concluding that the Ray Charles Foundation had standing to challenge...more

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