The Hong Kong Court of Final Appeal (CFA) finally settled the question of legality of the No Consent Regime (NCR) in its recent judgment in Tam Sze Leung v. Commissioner of Police [2024] HKCFA 8 – confirming that police may...more
The Hong Kong Court of Appeal has overturned a first instance judgment that had held that the longstanding use of "letters of no consent" to preserve monies held in bank accounts suspected of harbouring the proceeds of crime,...more
The D.C Circuit Court of Appeals sits in a unique position as the primary reviewing court for federal government agency actions. As a result, the D.C. Circuit sits in a high-profile position and several judges have...more
On July 8, the United States Court of Appeals for the District of Columbia upheld a lower court’s ruling dismissing a complaint from Federal Express Corporation (FedEx) and holding it liable for violating the Export Control...more
Ultra Vires and Immunity - On June 3, 2022, the Texas Supreme Court issued two important opinions on the topic of waiver of governmental immunity based on the doctrine of ultra vires. In the first–Van Boven–the Court...more
Ultra Vires Claims - In the absence of a waiver or consent, state government entities and their employees generally enjoy immunity from liability while acting within the scope of their employment. Sovereign immunity, as the...more
On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections...more
This month, the Governor of the U.S. Virgin Islands (“U.S.V.I.”), Albert Bryan Jr., signed an agreement with the Northeast Maritime Institute, a “Private Maritime College,” to establish the first open vessel registry in the...more
A party who had paid more than the value of the benefit under a contract that was later found to be void could not set off the overpayments against a claim for restitution for a later period where they failed to make payments...more
CASE HIGHLIGHT - PLAINTIFFS MAKE WAVES FOR HARBOR PLAN - Foundation, et al. v. Theoharides, et al., 1884 CV02144-BLS1 (April 1, 2021) - In a recent decision, the Massachusetts Superior Court granted partial summary...more
In any case where a government official raises a defense of governmental immunity, a key legal question is whether the plaintiff’s pleadings successfully allege ultra vires conduct—that the government official acted without...more
UPDATE: On September 10, 2020, the applicants (Innovative Medicines Canada and the company applicants) appealed Justice Manson’s decision (A-215-20). On September 21, 2020, the Attorney General of Canada cross-appealed. As...more
UPDATE: See July 15, 2020 article here describing the decision in more detail. On September 10, 2020, the applicants (Innovative Medicines Canada and the company applicants) appealed Justice Manson’s decision (A-215-20). On...more
Shareholder Derivative Lawsuit Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative...more
The Court of Appeal says (almost definitely) no - We have previously blogged about the 90-day stay of all possession proceedings until the end of June, which was brought into force by the courts on 27 March 2020 by the new...more
Suing a state and its public officials is difficult because of the doctrine of sovereign immunity. There are exceptions. State of Texas v. Signal Drilling, et al. presents several of them....more
In a September 17, 2019 decision, the United States District Court for the District of Columbia invalidated a CMS rule expanding site-neutral payment reductions to evaluation and management (E&M) services furnished in...more
The amendments to the Patented Medicines Regulations (Regulations) published on August 21, 2019 have been the subject of two court challenges launched by groups of innovative pharmaceutical companies (22 companies in total)...more
On September 17, 2019, U.S. District Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia awarded summary judgment in favor a group of more than 40 hospitals on their challenge to CMS’s decision...more
On July 10, 2019, Judge Rudolph Contreras of the U.S. District Court for the District of Columbia granted HHS’ request for a final judgment, clearing the way for the government to immediately appeal his earlier decision that...more
In a long-awaited ruling, on May 6, 2019, Judge Rudolph Contreras of the U.S. District Court for the District of Columbia declined to vacate the Secretary’s CYs 2018 and 2019 Outpatient Prospective Payment System (OPPS)...more
The states of Minnesota, Oregon, and California (collectively “States”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against President...more
Two United States Bankruptcy Judges for the Southern District of New York recently issued a joint opinion addressing common issues raised by motions to dismiss in two separate adversary proceedings – one pending before Judge...more
On March 27, 2018, the United States Court of Appeals for the Fifth Circuit published an opinion that provides Family Rehabilitation, Inc. (Family Rehab) a second chance to postpone recoupment of about $7.6 million in...more
Under the Petroleum Act 1998, the Secretary of State is authorized to grant licenses for the exploitation and production of hydrocarbons. The legal characteristic of such licenses has been an open question. If petroleum...more