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Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Carlton Fields

Florida Appeals Court Decisions: Week of October 28-November 1, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Schleider v. GVDB Operations - removal, remand, federal officer - USA v. Lightsey - sentencing, ACCA - Romano v. John Hancock - foreign tax credits, ERISA - Davis v. Ala...more

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

Stormwater Enforcement/Clean Water Act Citizen Suit Action: Conservation Law Foundation Notice of Intent to Sue Operator of East...

The Sims facilities are stated to buy, process, and sell ferrous and non-ferrous scrap metal, appliances, junk cars, trailers, and electronics. Such items are stated to be stored outdoors in uncovered piles or bales at the...more

Cozen O'Connor

Connecticut’s $39 Million Award a Bitter Bill for Pharmacy to Swallow

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Connecticut AG William Tong obtained a judgment in his favor in his office’s lawsuit against Assured Rx, LLC (“Assured”), which alleged that the pharmacy engaged in a kickback scheme in violation of state false claims and...more

Marshall Dennehey

Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not...

Marshall Dennehey on

Security First Insurance Company v. Linda Visca and Silvio Visca, No. 4D2023-0961, June 5, 2024 - On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated...more

McDermott Will & Emery

Bill Proposes to Shed Light on Third-Party Litigation Interests via Mandatory Disclosures

McDermott Will & Emery on

On October 4, 2024, US Representatives Darrell Issa (R-CA) and Scott Fitzgerald (R-WI) introduced HR 9922, the Litigation Transparency Act of 2024. If enacted, the act would require the disclosure of third parties receiving...more

White and Williams LLP

Following Precedent Forces Alabama Court to Follow Outdated Law

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In Myers v. Alfa Mut. Ins. Co., No. CL-2024-0010, 2024 Ala. Civ. App. LEXIS 119, the Court of Civil Appeals of Alabama (Appeals Court) issued a per curium opinion addressing whether the trial court properly awarded damages...more

Presley & Presley

Buffet of Bad Faith Issues

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Standards for extra-contractual recovery vary from state to state to some extent. While the standard for recovery may differ, evidentiary, discovery and interpretation issues overlap and arise in many bad faith cases...more

McCarter & English, LLP

Highly Touted Settlement Caps NIL Payments to Student Athletes

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In a much anticipated antitrust class action settlement, a federal judge granted preliminary approval of a $2.7 billion proposed settlement that will cap the amount of money National Collegiate Athletic Association (NCAA)...more

Amundsen Davis LLC

Democratizing the Defense to Doxing: New Attorney Fee Awards for Victims Alters Paradigm

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Defamation is the line between free and unlawful speech. Doxing is the disclosure of another’s personally identifiable information with the intent to bring the internet’s violent speech to their front door. Online defamation...more

Wiley Rein LLP

DOJ Continues Crackdown on Cybersecurity Compliance with $1.25M FCA Settlement

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The Department of Justice (DOJ) secured another win for its Civil Cyber-Fraud Initiative last week when it resolved a False Claims Act (FCA) action[1] alleging Pennsylvania State University (Penn State) failed to comply with...more

Ballard Spahr LLP

CFPB touts three wins in funding challenges: Is it all sizzle but no steak?

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As we have previously reported, there are several CFPB enforcement lawsuits pending in which the defendants have filed motions to dismiss based in whole or in part on the argument that subsequent to September 2022, all...more

Benesch

Jury Finds Phillips 66 Liable For Misappropriating Trade Secrets in $605 Million Verdict

Benesch on

Last week, a California jury found Phillips 66 liable for misappropriating trade secrets from Propel Fuels Inc., a low-carbon renewable fuels retailer, and awarded Propel $605 million in damages....more

Carlton Fields

Florida Appeals Court Decisions: Week of October 21-25, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Ga v. Shafer - elections, federal officer removal, pretrial habeas - Ga v. Clark -  elections, federal officer removal, special purpose grand jury, federal question - Gemini...more

MG+M The Law Firm

Blue Cross Blue Shield to Pay Record $2.8 Billion in Proposed Antitrust Settlement with Healthcare Providers

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On October 14, 2024, a class of thousands of hospitals, physician groups and other healthcare providers filed a proposed settlement in a twelve-year antitrust lawsuit against the Blue Cross Blue Shield (BCBS) network. BCBS...more

The Volkov Law Group

Episode 342 -- How to Conduct an Internal Compliance Site Visit and Review

The Volkov Law Group on

How can companies ensure that their compliance programs are robust enough to handle today’s complex ethical challenges? In this episode, Michael Volkov dives into the critical components of conducting an internal compliance...more

Bowditch & Dewey

The Legal Battle Over Milton’s Noncompliance with the MBTA Communities Act – What Towns Need to Know

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On October 7, 2024, the Supreme Judicial Court (“SJC”) heard oral arguments from the Attorney General’s Office and the Town of Milton regarding the Town of Milton’s noncompliance with the so-called MBTA Communities Act. For...more

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

Supplemental Environmental Project/Wastewater Enforcement: U.S. Environmental Protection Agency and Mullan, Idaho Mine Operator...

The United States Environmental Protection Agency (“EPA”) and Hecla Limited (“HL”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System...more

Perkins Coie

New Washington Ruling Endorses 30-Minute Penalty for Meal Period Violations

Perkins Coie on

In Androckitis v. Virginia Mason Medical Center, the Washington State Court of Appeals recently held that the remedy for meal period violations includes three components: (1) payment of time worked during the meal period;...more

Rivkin Radler LLP

October 2024 Insurance Update

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There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand....more

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

Organic Residuals/Storage Lagoon: Nuisance Action Filed in Circuit Court Addressing Crawford County, Arkansas Facility

An individual and a restaurant filed a Class Action Complaint (“Complaint”) on October 18th in the Circuit Court of Crawford County, Arkansas against Denali Water Solutions, LLC (“Denali”). See Case No. 17CV-24-734....more

CDF Labor Law LLP

LWDA Publishes PAGA Frequently Asked Questions

CDF Labor Law LLP on

The California Labor & Workforce Development Agency (“LWDA”) recently published Frequently Asked Questions pertaining to the Private Attorneys General Act (“PAGA”) and the recent amendments that impact PAGA claims after June...more

Marshall Dennehey

Complex Claimant Scenario Leads to $1 Million Judgment for Plaintiffs

Marshall Dennehey on

Douglas Davis, et al. v. JRL Capital Corporation, et al., FINRA Case #22-01426 - In a case stemming from alleged losses from GWG L Bonds, two out of six claimants had their claims dismissed with prejudice as a sanction for...more

Axinn, Veltrop & Harkrider LLP

Apportionment of Trade Secret Damages: Will Phillips 66 Ask A Six Hundred Million Dollar Question?

In a trade secret misappropriation action, a complainant is required to prove the amount of its damages with reasonable certainty and that this amount has been caused by the misappropriation. Therefore, the trade secret...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 14-18, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Siples v. BR Exploration – Daubert, causation testimony, toxic exposure - Lozman v. Riviera Bch – eminent domain, comprehensive plan, ripeness - Hidroelectrica Santa Rita v....more

Cozen O'Connor

New York AG Sues Manufactured Home Park Over Maintenance Issues, Fees, Rent Hikes

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New York AG Letitia James filed a lawsuit against River Valley Estates, LLC, and associated individuals (collectively, “River Valley”), alleging that the manufactured home park failed to maintain essential infrastructure and...more

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