News & Analysis as of

Civil Remedies law-news Civil Procedure

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

No Matter How You Slice and Dice It, Conclusory Evidence Can’t Support Entire Market Value Damages

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit concluded that the entire market value rule was not applicable where conclusory expert testimony was the only evidence that a product’s infringing features drove consumer...more

Brooks Pierce

NLRB General Counsel Doubles-Down on Non-Compete Agreement—and Takes Aim at “Stay-or-Pay” Provisions

Brooks Pierce on

On October 7, 2024, the General Counsel for the National Labor Relations Board (“NLRB”) issued a memorandum offering her perspective on damages employers may face when enforcing allegedly unlawful non-compete agreements, and...more

Steptoe & Johnson PLLC

NLRB: Use of Non-Compete and "Stay-or-Pay" Clauses May Trigger Significant Monetary Consequences for Employers

Steptoe & Johnson PLLC on

On October 7, National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo issued Memorandum GC 25-01, reinforcing and expanding previous positions on how certain restrictive covenants may violate the National...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Company Drops Challenge to FTC Noncompete Ban After Injunction Denial

A Pennsylvania company has dropped its challenge to the Federal Trade Commission’s (FTC) noncompete ban after a Pennsylvania federal judge denied the company’s bid to block the rule. The dismissal of the Pennsylvania lawsuit...more

A&O Shearman

Ships in the night? Loss of bargain damages and repudiatory breach

A&O Shearman on

Questions about damages always seem to be far more difficult to answer than they ought to be. Here the court, overturning an arbitration tribunal on a point of law, found that a contractual right to terminate an agreement to...more

Jones Day

French Supreme Court Sets New Boundary to Liability Toward Third Parties

Jones Day on

The Situation: The French Supreme Court recently considered whether a limitation of liability clause could be enforced against a third party to a contract claiming compensation for a breach of contract that caused it damage....more

Carlton Fields

Florida Appeals Court Decisions: Week of September 30-October 4, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Hill - evidence, theft, false claim - Gilmore v. Ga DOC - en banc grant, vacating this qualified immunity decision - Johnson v. Terry - Bivens claims, rehearing...more

Winstead PC

Court Affirmed Order Reinstating Receivership While Case Was On Appeal

Winstead PC on

In Bogle v. Bass, a trial court granted a motion for receivership in a trust dispute under “under the rules and principles of equity” under Texas Civil Practice and Remedies Code Section 64.001(a)(6). No. 03-23-00491-CV, 2024...more

Troutman Pepper

Is the Third Time the Charm? Court Awards $71.4M in Contentious Trade Dress and Publicity Rights Dispute

Troutman Pepper on

Imitation may be considered the sincerest form of flattery, but in the world of intellectual property (IP), it might cost you....more

Jones Day

Federal Court Holds False Claims Act's Qui Tam Provisions Unconstitutional

Jones Day on

In a potentially seismic development, a federal district court held that the False Claims Act's qui tam provisions violate the Constitution's Appointments Clause—a ruling that, if upheld, would upend the landscape of FCA...more

Moritt Hock & Hamroff LLP

Internet Archive’s Controlled Digital Book Lending Program Violates Copyright Law, Says Federal Appeals

A Federal appeals court has ruled that the nonprofit Internet Archive’s “controlled digital lending program” – which creates and lends fully digitized copies of books – does not meet the copyright law’s definition of a fair...more

WilmerHale

Private Enforcement of EU Competition Law: Recent Developments

WilmerHale on

As already outlined in last year’s overview, since the enactment of EU Directive 2014/104 (‘Damages Directive’), private enforcement of EU competition law in the EU has continued to develop at an impressive pace. Putting...more

Littler

Lessons from Recent IER Settlements

Littler on

Over the past few months, the Immigrant and Employee Rights Section (IER) of the Department of Justice has entered into several settlements from which employers can learn some valuable lessons so that these discriminatory...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 23-27, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Holland - hearsay, coconspirators - USA v. Moore - theft of property, maritime, jury instruction - USA v. Cenephat - evidence, other bad acts; sentencing- Corbitt v....more

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

Waters of the United States Implementation Post-Sackett Decision/Experiences and Perspectives: U.S. House of Representatives...

The Subcommittee on Water Resources and Environment of the United States House of Representatives Transportation and Infrastructure Committee held a September 11th hearing titled: Waters of the United States Implementation...more

Marshall Dennehey

Pennsylvania Supreme Court Holds that Trial Courts May Award Treble Damages Without Regard to a Punitive Damages Award on Related...

Marshall Dennehey on

Dwyer v. Ameriprise Financial, No. 2 WAP 2023 (Pa. April 25, 2024) (Op. by Wecht, J.) (Brobson, J., Concurring and Dissenting) - Following a jury trial, the plaintiffs were awarded punitive damages against their life...more

Cozen O'Connor

Maryland AG Seeks to Hold M/V DALI Owners and Managers Responsible for Destruction of Key Bridge

Cozen O'Connor on

Maryland AG Anthony Brown sued Grace Ocean Private Limited and Synergy Marine Pte Ltd., the owners and operators of the container ship M/V DALI, alleging that their reckless and grossly negligent conduct caused the DALI’s...more

Lasher Holzapfel Sperry & Ebberson PLLC

Judgment Collection: Using Charging Orders to Acquire LLC Membership Interests

Judgment creditors often encounter challenges when trying to collect a debt when a debtor’s assets are held in a limited liability company (LLC), as opposed to assets held directly in the debtor’s name. However, creditors...more

Husch Blackwell LLP

CFPB Allegations Result in $120 Million Settlement with Navient

Husch Blackwell LLP on

Earlier this month, the Consumer Financial Protection Bureau (CFPB) resolved its long-running lawsuit against Navient Corporation. The enforcement action culminated in a $120 million settlement of which $100 million was in...more

Proskauer - California Employment Law

Los Angeles County Court Rules $900 Million Jury Verdict “Shocked the Conscience” In Workplace Sexual Assault Case; Reduces It To...

As we previously reported, a Los Angeles jury awarded one of the largest verdicts in history in a sexual assault case in June 2024, doling out a massive $900 million verdict in favor of a plaintiff in a suit against...more

Marshall Dennehey

Asbestosis Takes the Stand: Raising Awareness of an Abnormally High Verdict for a Typically Low Value Case

Marshall Dennehey on

Key Points: Asbestosis claims are usually considered to be on the lower end of settlements for asbestos law cases. A verdict of $25 million was returned by a jury in Philadelphia, where the last asbestosis case verdict was...more

Haug Partners LLP

Amazon Won-Oh-Won Its Patent Challenge Against Broadband

Haug Partners LLP on

On September 3, 2024, the Federal Circuit issued a precedential decision affirming a district court decision where claims relating to “video-on-demand” systems did not constitute patentable subject matter because the claims...more

Shipman & Goodwin LLP

Unfairness, Identity Theft, and Treble Damages After FCW Law Offices

Shipman & Goodwin LLP on

Earlier this month, the Connecticut Appellate Court clarified the law regarding the interaction of enhanced damages available under different statutes. In Frank Charles White v. FCW Law Offices, the court held that, although...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 16-20, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - McCreight v. Auburn Bank - employment; sex, age discrimination, mixed motives - USA v. Butler - right to self-representation; drug possession evidence - Turner v. Jordan - ad...more

Ballard Spahr LLP

CFPB wins default judgment in auto dealership complaint, but federal judge rejects bureau assessment of damages

Ballard Spahr LLP on

A federal District Judge for the Northern District of Georgia, Victoria Marie Calvert, awarded a default judgment to the CFPB against USASF, a car loan servicer of loans originated by U.S. Auto Sales Inc., a buy-here,...more

14,704 Results
 / 
View per page
Page: of 589

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide