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Oliva Gibbs LLP

“After Acquired Title” to Remain a Caged-Bird after Dellit v. Schleder, 2022 MT 196, 518 P.3d 830

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Introduction - “No one has a vested interest in any rule of common law.” Meech v. Hillhaven W., 776 P.2d 488, 494 (Mont. 1989). Luckily the Montana legislature has codified the common law rule of after-acquired title as a...more

Patterson Belknap Webb & Tyler LLP

The Price of “Sandbagging”: Judge McMahon Orders Sanctions Against Patent Plaintiff For Switching Damages Theory on Eve of Retrial

On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial...more

Dechert LLP

Crypto Fraud: English Court Clarifies Pathways and Pitfalls in Stolen Crypto Recovery

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USDT as Legal Property: This decision has major consequences for investors, as it means that Tether (USDT) can be traced and treated as trust property, with property rights attaching to it. Challenges in Tracing...more

Mandelbaum Barrett PC

Preventing and Resolving Construction Disputes: Types of Damages in Construction Contracts

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Construction projects are complex and, when issues arise, it’s crucial to understand the different types of damages and how they are calculated. Whether you’re an owner or contractor, knowing the types of damages you may...more

Perkins Coie

Massachusetts Supreme Court Decision Raises Bar for Website “Wiretap” Suits

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In recent months, a wave of lawsuits has swept across the nation, targeting websites for allegedly violating state wiretapping laws through their use of tracking software.  Despite none of these statutes explicitly addressing...more

Schwabe, Williamson & Wyatt PC

Federal Court Strikes Down 2024 DOL Overtime Rule Nationwide

On November 15, the Federal District Court for the Eastern District of Texas invalidated the Department of Labor’s final rule that increased the minimum salary for executive, administrative, and professional (EAP) exemption...more

BCLP

Cold Comfort: Court of Appeal takes a Chill Approach to Freezing Injunctions

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The Court of Appeal has clarified the requirements to be satisfied before obtaining a freezing injunction, affirming an attainable merits threshold is to be preferred over a more stringent alternative. Any perceived tilt in...more

Rodemer Kane Attorneys at Law

Tax Fraud: Simple Mistake or Serious Crime?

Taxes. Except for maybe the CPAs and tax professionals, the word alone elicits groans and sighs from even the most cheerful among us. While the necessity of taxes is rarely disputed, navigating the complex world of tax...more

Carlton Fields

Florida Appeals Court Decisions: Week of November 25-27, 2024

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U.S. Eleventh Circuit Court of Appeals - No decisions this week...more

Patton Sullivan Brodehl LLP

The “Business Judgment Rule” Applies in LLCs Too

Corporate directors have long relied on the “business judgment rule,” under which their decisions are presumed to have been made “on an informed basis, in good faith, and in the honest belief that the action taken was in the...more

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

A&O Shearman on

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

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