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Civil Remedies Civil Procedure

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

March Misclassification Madness: Misclassification Updates in the Gig Economy

by Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC39520 - Stratek Plastics, Ltd. v. Ibar - Remember the case that held you could not recover your attorney fees in a mechanic lien foreclosure as the plaintiff unless there had...more

Court Denies Plaintiff Sanctions for Failure to Prove ESI Loss

by Zapproved LLC on

Youngevity Int’l Corp. v. Smith, No. 16-cv-704-BTM-JLB, 2017 U.S. Dist. LEXIS 200048 (S.D. Cal. Dec. 4, 2017). In this case alleging misappropriation of trade secrets and breach of fiduciary duty, the plaintiff requested...more

Chadbourne Litigation Settles, Leaving Unanswered Questions About Equal Pay Claims

by Fisher Phillips on

The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more

California Supreme Court’s Unanimous Holding In Mcmillin Albany LLC V. Superior Court: Affirming Builders’ And Developers’ Right...

by Low, Ball & Lynch on

McMillin Albany LLC, et al., v. The Superior Court of Kern County, Respondent; Carl Van Tassel, et al., Real Parties in Interest - Case No. S229762; January 18, 2018 - This case decided whether common law actions...more

Fifth Circuit Emphasizes Narrowed Liability for Employee Transfer Under the Louisiana Whistleblower Statute

The Fifth Circuit Court of Appeals affirmed the U.S. District Court for the Western District of Louisiana’s grant of summary judgment under the Louisiana whistleblower law, Louisiana Revised Statutes section 23:967, in favor...more

Vintage or Protectable? Steve Madden Creates Waves for the Ark

by Knobbe Martens on

Jasmin Larian, the owner of Cult Gaia, started selling the “Ark” bag in 2013. Since then the Ark bag has been seen on celebrities including Jessica Alba and was even touted as 2017’s “IT” bag. ...more

Second Circuit and Seventh Circuit are in Agreement - Sex Discrimination Includes Sexual Orientation

by Poyner Spruill LLP on

The Second Circuit Court of Appeals recently issued an opinion in Zarda v. Altitude Express and held that Title VII provides protection from discrimination and harassment because of an individual’s sexual orientation. The...more

Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification

by Jaburg Wilk on

The Holding - In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the...more

Setting Aside Certificates for "Manifest Error"

by White & Case LLP on

In a judgment delivered last month, the English Court of Appeal considered the circumstances under which completion certificates under a PFI contract could be set aside for "manifest error". The concept of "manifest error"...more

Applying Spokeo, 6th Circuit Dismisses FDCPA Suit

by Goodwin on

On February 16, 2018, the 6th Circuit, in Hagy v. Demers & Adams (882 F.3d 616 (6th Cir. Feb. 16, 2018)), found that a former borrower did not have standing to assert a claim under the Fair Debt Collection Practices Act...more

Federal Court Denies Reinsurer’s Post-Trial Motions In Long-Running Dispute Which Resulted In A Verdict In Its Cedent’s Favor

by Carlton Fields on

A federal district court has denied both a motion for judgment as a matter of law or for a new trial and a motion to correct the interest calculation filed by Fireman’s Fund Insurance Company after a jury award of $35 million...more

“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign Arbitration Award

The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues. The latest addition is the decision in BSH Hausgerate GmbH v. Kamhi, 17 Civ. 5776,...more

Texas Supreme Court: Error to Exclude Video Without Viewing

by Strasburger & Price, LLP on

“If, as it is often said, a picture is worth a thousand words, then a video is worth exponentially more. Images have tremendous power to persuade, both in showing the truth and distorting it.” Diamond Offshore Serv. Ltd. v....more

Sixth Circuit Says Title VII Protects Transgender Employees

On the heels of last week’s Second Circuit decision finding sexual orientation discrimination prohibited under Title VII, on Wednesday, a Sixth Circuit Court of Appeals panel held that Title VII likewise protects transgender...more

Coupon Settlements: Discount or Discontent?

Congress passed the Class Action Fairness Act of 2005 (“CAFA”) with the hope of preventing abuse in class action lawsuits. CAFA assigns jurisdiction to federal courts over class actions where: (i) the aggregate amount in...more

Second Circuit Prohibits Sexual Orientation Discrimination

by Murtha Cullina on

In a significant decision reflecting the evolution of Title VII of the Civil Rights Act of 1964, the United States Court of Appeals for the Second Circuit, which covers Connecticut, New York and Vermont, has ruled in Zarda v....more

Ruling: Medical Providers Not Subject to Double Damages Under Medicare Secondary Payer Act

by Holland & Knight LLP on

• In a matter of first impression, the U.S. District Court for the Middle District of Florida has ruled that a private right of action under the Medicare Secondary Payer Act (MSP Act), which provides for double damages in the...more

Take a Second Look at Why Per Diem Damage Requests Work

As a litigation consultant with an academic background, I am in a unique position: I stay abreast of the social science research (the blog schedule makes sure of that), but I also spend my days working with trial lawyers on...more

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

by Seyfarth Shaw LLP on

Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Three amicus briefs in support of President Trump and Mick Mulvaney filed in English appeal

by Ballard Spahr LLP on

Three amicus briefs have been filed in the U.S. Court of Appeals for the D.C. Circuit in support of President Trump and Mick Mulvaney, who are asking the D.C. Circuit to affirm the district court’s decision denying Leandra...more

Court Held That Estate Beneficiary Did Not Have Standing To Assert Forfeiture Or Breach Claim Against Executrix’s Attorneys, That...

by Winstead PC on

In re Nunu, an estate beneficiary sued the executrix to have her removed due to alleged breaches of fiduciary duty and also sought to have the court refuse to pay her attorneys in representing her in a removal action and/or...more

Key California Employment Law Cases: February 2018

by Payne & Fears on

Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

Cold to Mootness Challenge, But Warm to Inequitable Conduct Defenses

In a recent opinion from the District of Massachusetts, Judge Woodlock provided a reading on the mootness of an inequitable conduct counterclaim, where the asserted claims of the thermometer patent at issue were previously...more

English files reply brief in preliminary injunction appeal

by Ballard Spahr LLP on

Leandra English has filed her reply brief in her appeal of the district court’s denial of her preliminary injunction motion in her action seeking a declaration that she, rather than Mick Mulvaney, is the lawful CFPB Acting...more

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