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Civil Remedies Constitutional Law

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

Third Circuit Says “Umbrella Damages” Bar Does Not Preclude Antitrust Standing Where Product Is Partly Comprised of Materials Not...

In a case of first impression, the Third Circuit recently held in In re Processed Egg Products Antitrust Litigation, No. 16-3795, 2018 U.S. App. LEXIS 2698 (3d Cir. Jan. 22, 2018), that a direct purchaser of a product,...more

The Google vs. Equustek Decision: What comes next?

by Field Law on

The internet is borderless, right? So how does one country balance the rights of internet users within its own borders? And can a Canadian court reach across an international border to control the online conduct of an...more

Third Circuit Holds Food Manufacturers Have Standing to Seek Damages From Egg Suppliers

Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg...more

Victory’s Motion Is Not A “SLAPP” Dunk: Petition Gathers Are Trespassing When Seeking Signatures In Front Of Store Entrances

by Seyfarth Shaw LLP on

Synopsis: Ralphs Grocery v. Victory Consultants, 17 Cal. App. 5th 245 (2017), gives some solace to private property store owners. The Silver lining of the Victory Consultants grocery store decision—petitioners and signature...more

Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

by Perkins Coie on

Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent...more

Attorneys’ Fee Decision Should put Louis Vuitton in a Good Mood, but will it Gain a Sense of Humor?

by Knobbe Martens on

In December, the Second Circuit ruled that My Other Bag (MOB) was not liable for infringing Louis Vuitton’s trademarks and copyrights because MOB’s bags were a parody of the luxury giant....more

Restructuring and Insolvency Bulletin Issue 3 - January 2018: Long Arm Jurisdiction? Foreign Counsel May Not Be Sanctioned Absent...

by Dechert LLP on

The Bankruptcy Court for the Southern District of New York recently held that a foreign counsel cannot be sanctioned for an attempt to assist its client in avoiding discovery orders issued by the court, when personal...more

D.C. Circuit Court Confirms Mulvaney’s Appointment as Acting Director of the CFPB

by Weiner Brodsky Kider PC on

The U.S. District Court for D.C. has again ruled that President Trump had the authority to appoint an acting Director to the CFPB upon the resignation of Richard Cordray under the authority of the Federal Vacancies Reform Act...more

Ninth Circuit Holds That a Prohibition on Credit Card Surcharges Abridges Merchants’ Freedom of Speech in Violation of First...

by Foley & Lardner LLP on

The Ninth Circuit’s recent decision in Italian Colors Rest. v. Becerra (“Italian Colors”), upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge on customers paying...more

When Scientists Sue

by LeClairRyan on

Mark Jacobson, who alleges that he is a “renowned scientist,” along with three co-authors, publishes a paper in the Proceedings of the National Academy of Sciences journal. The Jacobson paper posits that a large-scale US...more

Back to Arbitration Basics: Recent Federal Decisions (and a SCOTUS preview)

Remember when Maria sang “Let’s start at the very beginning, it’s a very good place to start”? Well, that seems to be what federal circuit courts are doing with their arbitration decisions recently. This post will run...more

Justice (and Lunch) is Served: Second Circuit Holds that Food Truck Branded with Ethnic Slurs is Entitled to First Amendment...

In a recently issued decision, the Second Circuit held that a food truck could not be excluded from a New York State lunch program solely because the truck and the food it sells was branded using ethnic slurs. Wandering Dago,...more

CFPB Leadership Dispute: Impacts and Next Steps – An Update

by White & Case LLP on

On January 10, 2018, a federal judge denied Consumer Financial Protection Bureau (CFPB or Bureau) Deputy Director Leandra English's motion for a preliminary injunction to prevent (1) Mick Mulvaney from serving as CFPB Acting...more

Does California’s Alcoholic Beverage Control Act Provide an Independent Right to Terminate a Beer Distributor Agreement?

by Mulcahy LLP on

The recent case of Mission Beverage Company v. Pabst Brewing Company, 15 Cal.App.5th 686 (2017), explores whether California law provides an independent right to terminate a beer wholesaler’s distributor agreement and whether...more

Prisoner’s “My-iBible” RLUIPA Claim Thrown Out as Moot

What do a prisoner in administrative segregation, an MP3 player, an audio version of the Bible, and earbud headphones have to do with defending local governments in RLUIPA claims? Read on....more

DOJ seeks dismissal of credit union’s SDNY lawsuit challenging Mulvaney’s appointment as Acting CFPB Director

by Ballard Spahr LLP on

On December 22, 2017, the Department of Justice responded to the preliminary injunction motion (“PI motion”) filed by the Lower East Side People’s Credit Union (“People’s”) in its lawsuit challenging Mick Mulvaney’s...more

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

by Perkins Coie on

A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

PTAB Finds Sovereign Immunity in IPR Waived by Filing Infringement Action in Federal Court

by Goodwin on

Yesterday, in Ericsson Inc. v. Regents of the University of Minnesota, an expanded 7-judge PTAB panel ruled that a patent owner waives a claim to sovereign immunity in an IPR “by filing an action in federal court alleging...more

The More You Know... Or Others Think You Know: Fifth Circuit Finds Decision-maker Had Knowledge to Constitute Retaliation

The Fifth Circuit has issued another opinion in the continuing saga of Jackson State University and its past athletic director, Dr. Vivian Fuller—this one about retaliation against a witness. To refresh everyone’s memory: A...more

Missing the trust issue: Litigators beware

by Charles E. Rounds, Jr. on

In 2017, South Carolina’s Supreme Court decided The Protestant Episcopal Church in the Diocese of South Carolina [the “Disassociated Diocese”] v. The Protestant Episcopal Church of the United States of America [the...more

Democratic lawmakers, Republican attorneys general submit amicus briefs in CFPB Acting Director dispute

by Ballard Spahr LLP on

Past and present Democratic Representatives and Senators filed an amicus brief in support of the motion for a temporary restraining order filed by Leandra English to block Mick Mulvaney from exercising the authority of CFPB...more

Third Circuit’s Spokeo Decision Applied by Alabama District Court

The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA)...more

Oil States Energy Services, LLC v. Greene's Energy Group, LLC -- Positions Taken in Selected Amicus Curiae Briefs

On November 27, 2017, the Supreme Court considered the question of whether the inter partes review process established by the U.S. Patent and Trademark Office in implementing portions of the Leahy-Smith America Invents Act or...more

Post-Spokeo Jurisdictional Divide Continues as Northern District of California Rejects TransUnion’s Lack of Standing Argument

Last year, the U.S. Supreme Court issued a decision in Spokeo Inc. v. Robins, holding that a plaintiff bears the burden of establishing Article III standing by alleging an injury in fact that is concrete, particularized, and...more

California Court Holds That Orders Demanding Global De-indexing Threaten Free Speech

by Fenwick & West LLP on

Earlier this year, the Supreme Court of Canada upheld a lower court order ordering Google to de-index a website from its global search results. In its decision, the Canadian high court rejected Google’s arguments that such an...more

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