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A&O Shearman

An almost plane-ful mistake - rectification vs interpretation

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In dealing with a series of intertwined contracts, the English High Court found that the correct interpretation of a contract meant that an airline had had its obligations to make overdue payments terminated but then...more

Ankura

Classwide Calculations May Get Price Premium Damages Wrong

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Economic damages in many consumer class actions — including false advertising and product defect class actions — are estimated using a “price premium” approach. In these matters, plaintiffs assert that putative class members...more

Buchalter

Landlord’s Guide to Commercial Leasing: Strategies to Protect Your Investment and Enforce Judgments Against Tenants

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If you have ever had to file suit against a non-paying commercial tenant, you know first‑hand collecting a monetary judgment can be complicated, especially if the tenant is a business entity (e.g., an LLC, corporation, etc.)....more

A&O Shearman

District Court Of Connecticut Largely Denies Generic Drug Manufacturers’ “Unusual” Dismissal Motion Targeting Specific Types Of...

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On November 12, 2024, Judge Michael P. Shea of the United States District Court for the District of Connecticut granted in part and denied in part a joint motion to dismiss submitted by thirty-six defendant drug manufacturers...more

A&O Shearman

Pensions: what's new this week - November 25, 2024

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Welcome to your weekly update from the A&O Shearman pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. Court of Appeal: judgment debtor could not be required to...more

Stark & Stark

Types of Restraining Orders in New Jersey

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There are two main types of restraining orders you can obtain in New Jersey: A Temporary Restraining Order (TRO) is an emergency measure you can file to obtain immediate protection from your abuser. This order can be...more

DLA Piper

Germany: Judgment on Non-Material Damages for Loss of Control Over Personal Data

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On November 18, 2024, the German Federal Court of Justice (Bundesgerichtshof – “BGH”) made a (to date unpublished) judgment under the case number VI ZR 10/24 regarding claims for non-material damages pursuant to Art. 82 GDPR,...more

Holland & Knight LLP

Texas Case Offers Lessons Learned from Data Requests and Criminal Causes of Action

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In Angelyn A. Olson et al. v. The Consilio LLC, et al. filed in Tarrant County, Texas, plaintiff Angelyn Olson alleged that she was involved in other litigation during which an e-discovery service provider (Consilio) was...more

Carlton Fields

Florida Appeals Court Decisions: Week of November 18-22, 2024

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U.S. Eleventh Circuit Court of Appeals - Grayson v. Ala DOC - capital case, postconviction relief...more

Husch Blackwell LLP

2024 Judicial Hellholes and Associated Nuclear Verdicts

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The American Tort Reform Foundation (ATR) has published its 2023-2024 Judicial Hellholes Executive Summary. This annual report highlights prominent jurisdictions across the United States known for enabling iniquitous...more

Goodwin

CFPB Enters Into $95 Million Consent Order with Credit Union to Resolve Allegations of Improper Overdraft Fee Practices

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​On November 7, 2024, the CFPB ann​ounced​​ that it had entered into​ a consent order with a major credit union​​ resolving ​allegations that the credit union improperly assessed overdraft fees against consumers​​. The credit...more

A&O Shearman

Cap-tivating: what is caught by a liability cap?

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The Court of Appeal's recent judgment in Topalsson v Rolls-Royce looks at how the set-off of counterclaims should be addressed as well as interest when it comes to liability caps....more

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

Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Lonoke...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Ammunition Operations, LLC (“AO”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Lake Village...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Lake Village, Arkansas entered into an October 25th Consent Administrative Order (“CAO”) addressing an alleged...more

Cozen O'Connor

First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith 

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In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States Court of Appeals for the Fifth Circuit reaffirmed the principle that an insured must provide adequate evidence that...more

BCLP

Recovering Adjudicators' Fees and Interest: Recent Guidance

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In this Insight, first published in PLC, Yorkie Fong considers the decision in A&V Building Solution Ltd v J&B Hopkins Ltd [2024] EWHC 2295 (TCC), which clarified the binding nature of an adjudicator's decision on their fees...more

Bracewell LLP

A New Way to Pierce the Corporate Veil: Disgorging Profit From Corporate Affiliates

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The US Supreme Court has recently granted certiorari on the issue of whether a corporation can be held liable for the conduct of its affiliate without first satisfying the well-settled standards for piercing the corporate...more

Maison Law

A Guide to California Premises Liability Laws

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If you are hurt while on someone else's property in California, you may be entitled to compensation. The types of compensation that may be available depend on the facts of your case including the extent of your injuries and...more

Verrill

Administrative Penalties Under Scrutiny: Jarkesy’s Potential Impact on EPA and Massachusetts Enforcement

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The United States Environmental Protection Agency (“EPA”) often uses civil penalties to punish environmental violators. The EPA can either pursue a penalty through its internal administrative process or have the Justice...more

Bowditch & Dewey

Liquidated Damages v. Actual Damages – Which Is the Better Choice?

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Liquidated damages provisions are common to all types of agreements, from leases to construction contracts. While liquidated damages provisions may appear “boilerplate” and full of legalese, they profoundly impact how much a...more

Cozen O'Connor

Illinois Settles with DoorDash Over Tipping Practices

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Illinois AG Kwame Raoul has reached a settlement with DoorDash, Inc. to resolve allegations that the company misrepresented to consumers how tips were allocated to drivers in violation of the Illinois Consumer Fraud and...more

Stevens & Lee

INJUNCTIONS – A Practical Guide to One of the Law’s Most Powerful Tools

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Very few people fully appreciate the powerful and flexible remedy offered by an injunction. Injunctions are extraordinary, both in terms of their timing and their effectiveness. Certain injunctions are issued with a rapidity...more

Fisher Phillips

SCOTUS Predictions: Supreme Court Will Make It Harder for Plaintiffs to Recover Attorney’s Fees in Civil Rights Actions and Beyond

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The Supreme Court will soon decide whether obtaining a preliminary injunction is sufficient to qualify as a “prevailing party” in order to recover attorney’s fees in certain civil rights actions – and we predict the Court...more

MG+M The Law Firm

$5 Billion Punitive Damages Awarded in Alkaline Water Contamination Lawsuit: What This Means for Future Legal Cases

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A Nevada state court handed down a monumental verdict in a case involving alleged contamination of an “alkaline water” health drink, with a jury awarding $5 billion in punitive damages. This decision follows a series of...more

Carlton Fields

Florida Appeals Court Decisions: Week of November 4-8, 2024

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U.S. Eleventh Circuit Court of Appeals - Joseph v. Ga Bd of Regents - Title IX, implied right of action, sex discrimination - Project Veritas v. CNN - defamation, Twitter deplatform - USA v. Maisonet - sentencing - ...more

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