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Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Orrick, Herrington & Sutcliffe LLP

New York State enacts rights of action for coerced debt claims

On December 19, the governor of New York signed into law an act to amend the general business law, establishing a right of action for claims arising out of coerced debts. ...more

FBT Gibbons LLP

Excess Forecast: Five Warning Signs a Routine Claim Is About to Escalate

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Excess carriers face a unique challenge: estimating where a potentially high-value claim will end up before most of the pertinent facts have come to light. This endeavor can feel like predicting the damage a Category 5...more

Seyfarth Shaw LLP

Washington Courts Significantly Expand Civil Rights Protections

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In a sweeping new decision, Division I of Washington’s Court of Appeals expanded the scope of the Washington Law Against Discrimination (“WLAD”) for individuals who claim to be discriminated against by a business....more

Lasher Holzapfel Sperry & Ebberson PLLC

Contempt in Washington Family Law

When you’re going through a divorce or other family law proceeding, there will inevitably be court orders that everyone must abide by. Not everyone does. These orders can relate to parenting plans, child support,...more

McDermott Will & Schulte

Equivalents still requires all elements be met, injunctive relief still governed by eBay factors

The US Court of Appeals for the Federal Circuit issued a mixed ruling in a dispute over patents covering child car seat technology, explaining that infringement under the doctrine of equivalents requires an equivalent for...more

Parker Poe Adams & Bernstein LLP

Maryland Court: Lender May Recover for Damage to Property Even After 'As-Is' Foreclosure Sale

In a win for commercial real estate investors and lenders, the Appellate Court of Maryland clarified this month that a buyer who purchases property at foreclosure may recover for post-sale damage to the property by the prior...more

ArentFox Schiff

DOJ Files Lawsuit Seeking Civil Penalties Against Stanley Black & Decker for Alleged Untimely Risk Reporting

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On December 22, 2025, the US Department of Justice (DOJ) sued Stanley Black & Decker in the US District Court for the District of Maryland, alleging violations of the Consumer Product Safety Act (CPSA)....more

Hinshaw & Culbertson - Consumer Crossroads

Governor Hochul Signs New York FAIR Business Practices Act, Greatly Enhancing Attorney General Enforcement Authority

On December 19, 2025, approximately six months after its approval by the New York State Legislature, Governor Kathy Hochul signed the Fostering Affordability and Integrity Through Reasonable Business Practices Act (the “FAIR...more

Troutman Pepper Locke

New York Expands Consumer Protection Law Giving the AG Broader Powers

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On December 19, 2025, New York Governor Kathy Hochul signed into law the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act. The FAIR Act, which was proposed by Attorney General (AG) Tish...more

Maison Law

The Four Components of Negligence in California Personal Injury Cases

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If you've suffered an injury in California and you're pursuing damages through the courts, you'll need to familiarize yourself with the concept of negligence. The word itself refers to someone failing to exercise due care in...more

Amundsen Davis LLC

Proposed Ohio Legislation Would Raise Limits on Non-Economic Damages

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In September 2025, the Ohio House of Representatives introduced House Bill 447 (HB 477), which aims to increase a plaintiff’s maximum recoverable amounts of “non-economic damages” in personal injury lawsuits. Non-economic...more

Nossaman LLP

Public Agency Cannot Sue for Inverse Condemnation for Its Own Improvements 

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This seems like common sense, but a public agency cannot pursue an inverse condemnation cause of action for damages suffered from its own public improvements. Yet that is exactly what the County of Santa Cruz recently...more

Mayer Brown

DOJ Continues to Use False Claims Act to Address Customs Violations

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On December 4, 2025, Ceratizit USA LLC agreed to pay $54.4 million to resolve False Claims Act (“FCA”) allegations tied to the evasion of customs duties on tungsten carbide products imported from China, concluding...more

Mayer Brown

DOJ’s New Enforcement & Affirmative Litigation Branch Files Its First Consumer Product Safety Act Action

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On December 22, 2025, the Department of Justice (“DOJ”) and the Consumer Product Safety Commission (“CPSC”) filed a civil enforcement action against Stanley Black & Decker, Inc. alleging violations of the Consumer Product...more

BCLP

Freezing Orders to Enforce Adjudication Decisions

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Insolvency is one of the risks to consider when looking to enforce an adjudicator’s decision, but sometimes there is also a concern that a party might take steps to dissipate its assets to avoid payment. ...more

McCarter & English, LLP

Artists Cancel Performances over Kennedy Center Renaming and Leadership Changes: What Do Standard Performance Contracts Permit?

Following the decision by the board of the John F. Kennedy Center for the Performing Arts to rebrand the institution as “The Donald J. Trump and the John F. Kennedy Memorial Center for the Performing Arts,” several artists...more

Charles E. Rounds, Jr. - Suffolk University...

Judicial imposition of a constructive trust on traceable property for benefit of a victim of unjust enrichment freezes property,...

Assume wrongdoer procures title to a traceable portfolio of stocks by fraud, duress, or undue influence from rightful owner and then transfers title on to an innocent third party for nominal consideration, i.e. to a non-BFP....more

White and Williams LLP

Subrogation Strategy: Why Claims for Loss of Use Can Increase Recovery

While determining the value of property is important, it is equally critical to assess whether the financial costs and inconvenience of not having it should factor into compensation for not being able to use that property. In...more

Cohen Seglias Pallas Greenhall & Furman PC

Overview of Domestic Violence Protections in New Jersey

Our legislature has aimed to ensure victims of domestic violence have “the maximum protection from abuse the law can provide.” N.J.S.A. 2C:25-18. In doing so, they have created a civil remedy in the form of the ability to...more

MG+M The Law Firm

Further Lessons to the Wise in Unfair Settlement Practice Litigation: Recent Massachusetts Trial Court Decision Highlights...

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Every year or so, another case crops up in Massachusetts highlighting the significance and seriousness of Massachusetts General Laws Chapters 93A and 176D relative to unfair claims handling and bad faith settlement practices....more

McGinnis Lochridge

The Challenge of Quantifying Drainage Damages

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Claims for full royalty from a hypothetical offset well no longer hold under Texas law. After Coastal Oil, lessors must prove—through complex expert evidence—the specific royalty actually lost, not speculative windfalls,...more

McDermott Will & Schulte

The UPC’s emerging approach to injunctions: Patterns, pitfalls, and global implications

Since its entry into force on June 1, 2023, the Unified Patent Court (UPC) has seen a growing number of cases across various fields, including pharmaceuticals, biotechnology, medical devices, electronics, and mechanical....more

Zelle  LLP

Mandamus to Enforce Insurer’s Election of Liability

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Recently, a Texas appellate court conditionally granted an insurer’s writ of mandamus, finding that the trial court abused its discretion by striking the insurer’s plea in intervention and denying the independent adjusting...more

Mintz - Antitrust Viewpoints

Instacart Agrees to Settlement in FTC Lawsuit Over Deceptive Marketing Tactics and AI-Driven Pricing — AI: The Washington Report

The FTC sued Instacart for deceptive practices including misleading “free delivery,” unclear satisfaction guarantees, undisclosed fees, and unlawful free-trial-to-paid memberships. Instacart has now reached a $60 million...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Grangeville, Idaho Cooperative Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and CHS, Inc. (“CHS”) entered into an October 16th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the regulations implementing Section...more

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