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Settlement Private Right of Action

Proskauer - Law and the Workplace

New York City Council Establishes Private Right of Action for NYC Earned Safe and Sick Time Act Violations

The New York City Council has passed a bill that creates a private right of action for individuals claiming violations of the NYC Earned Safe and Sick Time Act (“ESSTA”). The Council presented the bill to Mayor Eric Adams on...more

ArentFox Schiff

Privacy Report: FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements

ArentFox Schiff on

Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more

King & Spalding

Supreme Court Punts (for Now) on Much-Awaited Class Action Questions in Frank v. Gaos, Remands for Standing

King & Spalding on

In Frank v. Gaos, the Supreme Court appeared poised to decide a divisive class action issue: whether settlement awards to third-party charities (known as cy pres awards) are valid. On March 20, however, an 8-1 majority...more

Dechert LLP

Standing Question Prevents Clarity from Justices on “Cy Pres” Class Action Settlements

Dechert LLP on

In Frank v. Gaos, plaintiff Paloma Goas brought a class action alleging that Google’s transmission of users’ search terms violated the Stored Communications Act, 18 U.S.C. § 2701, et seq. (“SCA”). The SCA creates a private...more

Verrill

The Year in Lawsuits

Verrill on

2018 brought us the type of lawsuits you would expect in the world of sweepstakes, contests and giveaways. From “The Annoyance Lawyer” to Bobbleheads to “You’re Probably Never Going to Be A Winner.” The most depressing thing...more

Carlton Fields

Look, up in the sky! It’s a bird, it’s a plane, it’s… uh oh… a Super Lien!

Carlton Fields on

Liability insurers have always gnashed teeth over the dreaded “super lien” – aka a lien asserted by Medicare for treatment expenses where the patient is reimbursed through a settlement obtained in personal injury litigation....more

Butler Weihmuller Katz Craig LLP

Eleventh Circuit Finds Insurer Liable for Medicare Lien Notwithstanding Insurer's Efforts to Satisfy the Lien in Settlement, also...

In a case with far-reaching implications, the Eleventh Circuit Court of Appeals issued an opinion concluding that the Medicare Secondary Payer Act (MSP) permits a private insurance company/PART C Medicare Advantage...more

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