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

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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

Butler Weihmuller Katz Craig LLP

Avoiding Confession of Judgment: Indemnity Payments After a CRN and Lawsuit but Before Service of the Lawsuit

In a series of recent consolidated cases, the Fourth District Court of Appeal addressed the issue of whether an indemnity payment made after a lawsuit is filed constitutes a confession of judgment entitling the claimants to...more

Freeman Mathis & Gary

Georgia Court of Appeals tacitly affirms homeowners associations’ ability to utilize covenants not to sue

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On September 10, 2025, the Court of Appeals of Georgia decided the case of Kinnaird v. Morningview Homeowners Association, Inc. In this case, Kinnaird (homeowner) applied to the Association’s Architectural Review Committee to...more

Latham & Watkins LLP

GCEU Awards €50,000 in Non‑Material Damages for Unlawful OLAF Data Disclosure

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On 1 October 2025, the General Court of the European Union (GCEU) held the EU liable for non‑material damage caused by the unlawful processing of personal data by an EU body. In OC v. Commission (T ‑384/20 RENV),1 which...more

A&O Shearman

Ship Sailed, Unjust Enrichment Claim Derailed

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It's a familiar scenario: you contract to provide advice, and you think there has been mission creep. Can you claim a reasonable fee for what you see as the extra you have provided based on the other side being unjustly...more

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