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Miller Starr Regalia

Third District Holds That Lead Agency Prevailing In CEQA Action Can Recover Reasonable Record Preparation Costs Despite...

Miller Starr Regalia on

In a terse opinion filed September 13, and modified and ordered partially published on October 3, 2024, the Third District Court of Appeal upheld an award of reasonable record preparation cots to prevailing lead agency County...more

Downey Brand LLP

Grossman v. Wakeman, Ethical Dilemmas, and What We Owe Our Clients

Downey Brand LLP on

The California Courts of Appeal are typically pretty stingy with their published opinions – only about 10% of Court of Appeal decisions are published in the Official Reports.  And per Rule 8.1105 of the California Rules of...more

DLA Piper

Federal Judge Rules Whistleblower Provision of the False Claims Act is Unconstitutional

DLA Piper on

In an eye-opening decision, a judge in the Middle District of Florida held that the unique whistleblower, or “qui tam,” provision of the federal False Claims Act (FCA) violates the Appointments Clause of Article II of the...more

Manatt, Phelps & Phillips, LLP

Questions About Phone’s Business Use Defeat Class Certification

A California federal court has denied class certification where questions existed about the use of the plaintiff’s phone number for business. Christopher Payne filed a putative class action against Sieva Networks, alleging...more

Latham & Watkins LLP

Middle District of Florida Accepts Justice Thomas’s Invitation: FCA Qui Tam Provision Unconstitutional

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The Zafirov decision finds that the False Claims Act qui tam provision violates Article II of the US Constitution. On September 30, 2024, in United States ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn...more

BCLP

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

BCLP on

The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more

Katten Muchin Rosenman LLP

Eastern District of Michigan Applies Supreme Court’s Decision in Goldman to Deny Class Certification in Securities Fraud...

On September 30, 2024, the U.S. District Court for the Eastern District of Michigan issued an opinion in Shupe v. Rocket Companies, Inc., et al., denying certification of a putative class of investors in a securities fraud...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 182 | Matt Mahon of Level Legal sits down with Kaylee & Mary

Matt Mahon, Vice President of Business Development for EDRM Trusted Partner Level Legal sits down with Kaylee and Mary to give us an update on where he's been since our last podcast in November 2021, what he has learned about...more

Goldberg Segalla

Caulking Manufacturer’s Motion for Summary Judgment on Causation Grounds Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976...more

Goldberg Segalla

Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that...more

Goldberg Segalla

Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

Goldberg Segalla on

Jurisdiction: United States District Court for the Eastern District of Louisiana - This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict...more

EDRM - Electronic Discovery Reference Model

Scheduling Orders Are Mandatory; Vital to Caseload Management; and, Enforced Even Where Parties Got Themselves Into a “Pickle” by...

The decision in EEOC v. Hooters of America, LLC, __ F. Supp. 3d __, 2024 WL 4362863 (M.D. N. Car. Oct. 1, 2024), opens with the court’s statement that: The parties jointly ask to extend the discovery deadline and continue...more

Irwin IP LLP

Single Act, Not Sale, Triggers New York Personal Jurisdiction

Irwin IP LLP on

American Girl, LLC v. Zembrka, No. 21-cv-1381 (2d Cir. September 17, 2024) - On September 17, 2024, the Second Circuit concluded that under New York’s Long Arm Statute, a business that receives a single product order,...more

Ballard Spahr LLP

ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay...

Ballard Spahr LLP on

ATS Tree Services, LLC (“ATS”) has voluntarily dismissed the lawsuit it filed in April 2024 in the U.S. District Court for the Eastern District of Pennsylvania challenging the Federal Trade Commission’s (“FTC”) Non-Compete...more

Morrison & Foerster LLP - Government...

Ninth Circuit Sits En Banc To “Tidy Up The Law” On The False Claims Act’s First-To-File Rule

In September 2024, the Ninth Circuit reversed in part a district court’s dismissal of an action under the False Claims Act (FCA or the “Act”) for lack of jurisdiction under the Act’s First-to-File Rule and held that the...more

Kilpatrick

Significant Shift in Proof to Obtain Interim Injunction in the Common Law Countries

Kilpatrick on

The court in American Cyanide Co. (No. 1) v. Ethicon Ltd. (1975) UKHL 1, established guidelines for when courts should grant interim injunctions. There, an American company, American Cyanide, claimed a British company,...more

Cozen O'Connor

Cozen Currents: Getting Down to Brass Tacks on Tax Reform

Cozen O'Connor on

The Cozen Lens - · Tax reform will be the top legislative issue next year regardless of who wins the elections and Congress, not the White House, will be the ones in the driver’s seat. · The Supreme Court begins its...more

Jackson Lewis P.C.

Georgia High Court: Implicit Geographic Scope Sufficient for Valid Employee Non-Solicitation Covenant

Jackson Lewis P.C. on

The Georgia Supreme Court has held that employee non-solicitation provisions need not contain an express geographic restriction to be enforceable. North American Senior Benefits v. Wimmer, No. S23G1146 (Sept. 4, 2024). It...more

Carlton Fields

Practical Thoughts for Sponsors About Current ERISA Forfeiture Litigation

Carlton Fields on

A notable trend in ERISA litigation has emerged as in-house attorneys look to mitigate the risks of coming waves of class action litigation. Beginning in late 2023, there have been several challenges to the use of forfeiture...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 181 | Ray Biederman of Proteus Discovery Group sits down with Kaylee & Mary

Ray Biederman, CEO of Proteus Discovery Group and Partner at MBCB Attorneys sits down with Kaylee and Mary to give us an update on where he's been since our last podcast in March 2021, the exciting Novitas Data acquisition,...more

Stark & Stark

The Executors’ Duty to Timely Administer an Estate - When Do I Get My Distribution?

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As a beneficiary of an estate, you may be expecting to receive your inheritance in a timely fashion. Unfortunately, the process to properly administer an estate prior to distributions being made by an executor might take a...more

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

Dunes Sagebrush Lizard/Endangered Species Act: Texas Attorney General Files Action Challenging Listing

The Texas Attorney General (“AG”) on behalf of the State of Texas filed a September 23rd Complaint and Petition for Review (“Complaint”) in the United States District Court (Western District of Texas) against the United...more

Butler Snow LLP

Will companies get a pass on personal injury claims under RICO?

Butler Snow LLP on

The United Supreme Court will hear arguments this month in a case that will have widespread consequences for the business community, specifically the products industry. In Medical Marijuana v. Horn, the question presented to...more

Polsinelli

Federal District Court Rules Qui Tam Whistleblower Enforcement of False Claims Act Unconstitutional

Polsinelli on

On September 30, 2024, Judge Mizelle, a federal judge in the Middle District of Florida, ruled that the False Claims Act’s (“FCA”) qui tam enforcement provision is unconstitutional, a ruling that, if followed by other courts,...more

Littler

New Developments on the Enforceability of Releases in Brazil

Littler on

In 2017, companies in Brazil welcomed changes to its labor code that introduced the option for securing enforceable releases to employment law claims. The changes to the labor code included allowing parties to seek a...more

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