News & Analysis as of

Civil Remedies law-news Civil Procedure

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Ogletree, Deakins, Nash, Smoak & Stewart,...

Teacher’s $10 Million Jury Award in School Shooting Case Highlights Administrators’ Duties to Heed Violence Threats

An elementary school teacher shot by a six-year-old student was recently awarded $10 million in damages by a jury in Virginia, according to multiple reports. The case was brought against the former assistant principal, who...more

JUSTICENTER

What Is Defamation?

JUSTICENTER on

Defamation refers to a false statement made about someone that injures their reputation. It is a type of tort that allows the injured party to seek compensation for damage caused to their reputation, emotional well-being, or...more

Cozen O'Connor

Needle Little Transparency: Alabama AG Targets Research-Grade GLP-1s

Cozen O'Connor on

Alabama AG Steve Marshall obtained a temporary restraining order against Aurora IV and Wellness, an infusion clinic, and its owners in a case alleging that they administered research-grade weight loss drugs without patients’...more

Fox Rothschild LLP

Awards of Counsel Fees When Successfully Prosecuting, but not Defendant, An Act of Domestic Violence

Fox Rothschild LLP on

When a party obtains a domestic violence Final Restraining Order (“FRO”), they are typically entitled to an award of counsel fees as compensatory damages. As often is the case, when one party obtains a Temporary Restraining...more

Bennett Jones LLP

Ontario Securities Act No-Reprisal Provisions Results in C$5.3 Million Award to CEO: A Warning to Regulated Employers

Bennett Jones LLP on

The recent decision in McPherson v Global Growth Assets Inc., 2025 ONSC 5226, (McPherson) is the first time the Ontario Superior Court of Justice has interpreted the protection from reprisal provisions under Ontario’s...more

A&O Shearman

UPC penalty payments are only payable if court has previously ordered forfeiture of sum for non-compliance

A&O Shearman on

The UPC Court of Appeal (CA) has clarified the framework for penalty payments in enforcement proceedings. Penalty payments in the UPC must be based on a prior penalty order from the court, specifically reinforced with the...more

Benesch

U.S. DOT Regulation of Shippers? Comments by the Transportation Secretary Raise Questions of Shipper Risk

Benesch on

Transportation Secretary Sean Duffy’s recent comments on Fox News’ “The Will Cain Show” have raised concerns across supply chains that purchasers of transportation and logistics services may face new liabilities and...more

Warner Norcross + Judd

Lessons From Treasury’s Department-Wide Investigation Into Potential Contracting Fraud

Warner Norcross + Judd on

On Nov. 6, the U.S. Department of the Treasury (Treasury) announced a comprehensive, department-wide audit of all contracts and task orders awarded under preference-based contracting programs. Treasury specifically cited...more

Freeman Mathis & Gary

Causation is disputed – that’s why Florida’s Second DCA is keeping the (bad) faith instruction

Freeman Mathis & Gary on

On September 19, 2025, Florida’s Second District Court of Appeals affirmed a final judgment in favor of Florida Farm Bureau General Insurance Company (“FFB”) in an extra-contractual action. The case arose out of a fatal...more

McGlinchey Stafford

Fifth Circuit Says No To NLRB’s Authority To Award Compensatory Damages

McGlinchey Stafford on

In a recent case decided on October 31, 2025, the Fifth Circuit gave a resounding “no” to the National Labor Relations Board (NLRB) in its effort to award compensatory damages to individuals who are the victims of unfair...more

Marshall Dennehey

Eleventh Circuit Bars Insurer’s $449K Recovery, Finding Unjust Enrichment Inapplicable Where Insurance Contract Governs

Marshall Dennehey on

MONY Life Ins. Co. v. Perez, 146 F.4th 1018 (11th Cir. 2025) - The insurer sought to recover nearly $449,000 it had paid to ophthalmologist Dr. Bernard Perez, alleging he misrepresented his disability and committed fraud. A...more

Marshall Dennehey

It Was Just a Mistake! Or Was It Negligence? Ohio Supreme Court Defines Mistake for Contract Principles

Marshall Dennehey on

Ashland Global Holdings, Inc. v. SuperAsh Remainderman, Ltd. Partnership, 2025-Ohio-2835 - In a certified conflict, the Ohio Supreme Court considered whether a negligent failure to exercise a lease renew option warranted...more

Loeb & Loeb LLP

OneTaste Incorporated v. Netflix, Inc.

Loeb & Loeb LLP on

In defamation action brought against Netflix based on documentary stating that plaintiff was involved in the sexual assault and abuse of a former employee, California appeals court affirms striking of complaint because...more

Eversheds Sutherland (US) LLP

The Fifth Circuit Court of Appeals challenges the NLRB’s authority with respect to Thryv Remedies

NLRB’s Remedial Authority - Under Section 10(c) of the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) may order employers to cease unfair labor practices and take “affirmative action” to...more

Winstead PC

Court Holds That An Estate Beneficiary Does Not Have Standing To Bring Claims Owned By The Estate While The Estate Is Pending

Winstead PC on

In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate...more

Freeman Mathis & Gary

NLRB compensatory damage awards stand at crossroads after Fifth Circuit finds statutory authority lacking for such awards

Freeman Mathis & Gary on

On October 31, 2025, Judge Edith Jones wrote for the Fifth Circuit in Hiran Management, Inc. v. NLRB: “Ninety years after Congress created the National Labor Relations Board (“NLRB”) the NLRB claimed for the first time the...more

Ervin Cohen & Jessup LLP

The High Price of Delay: California's SB 261 and the Triple Penalty

The landscape of wage enforcement in California has fundamentally changed with the enactment of Senate Bill 261 (SB 261), a law designed to eliminate the otherwise questionable strategy of ignoring wage judgments. ...more

Whiteford

Client Alert: PPP Affiliation Pitfalls: How Employee Headcount Errors Can Lead To False Claims Act Troubles For Business Owners

Whiteford on

The Paycheck Protection Program was a lifeline for small businesses struggling to keep their employees paid during the COVID-19 pandemic. But for business owners who failed to include all applicable employees in their size...more

Walkers

Interim injunctions in Jersey: American Cyanamid Plus

Walkers on

The American Cyanamid test remains the standard test in Jersey for interim injunctions. However, a more exacting 'Cyanamid Plus' test may be applied in exceptional cases, particularly where the interim relief would...more

CDF Labor Law LLP

Recent Court Decisions Limit NLRB’s Authority to Award Expanded Remedies

CDF Labor Law LLP on

Traditionally, it has been understood that the National Labor Relations Board (NLRB) limits the remedies it issues to equitable forms of relief. In practice, this meant that employees who lost their jobs due to violations of...more

Hall Benefits Law

Lyft Pays $19.4 Million to NJ Attorney General’s Office for Driver Misclassification

Hall Benefits Law on

The New Jersey Attorney General’s Office has announced that Lyft has paid off the $19.4 million it owed to the state for misclassifying drivers as independent contractors....more

UB Greensfelder LLP

Injunctive Relief in Employment Litigation: Protecting Your Business When Time Is Critical

UB Greensfelder LLP on

When an employee departs, especially to join a competitor or start a competitive venture, the risk to the employer’s confidential information and customer relationships can be immediate. In those moments, time is not a...more

Freeman Mathis & Gary

Ninth Circuit defines the “costs” associated with offers of judgment or settlement

Freeman Mathis & Gary on

In Alvarado v. Wal-Mart Associates, Inc., issued by the United States Court of Appeals for the Ninth Circuit on September 30, 2025, the court clarified the scope of awards under California Code of Civil Procedure Section 998....more

Genova Burns LLC

Circuit Courts Split Over NLRB Remedy Authority

Genova Burns LLC on

The scope of NLRB remedies for unfair labor practice violations has been disputed since December 2022, when the Board in a novel case called Thryv, Inc., expanded the definition of equitable remedy to include direct or...more

Epstein Becker & Green

Eleventh Circuit Allows Qui Tam Relators to Avoid Complaint Dismissal by Using Information Obtained in Discovery

Epstein Becker & Green on

The U.S. Court of Appeals for the Eleventh Circuit held in United States ex rel. Sedona Partners LLC v. Able Moving and Storage Inc., No. 22-13340 (11th Cir. Jul. 25, 2025), that while a district court has the discretion to...more

15,482 Results
 / 
View per page
Page: of 620

"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