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Civil Remedies Products Liability

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

Catalyst Theory Cannot Rescue a Plaintiff That Lost on the Merits: Third District Affirms Denial of Attorney Fees in CEQA Case

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The “catalyst theory” of California law governing attorney’s fees sometimes allows a plaintiff to obtain fees even in the absence of a favorable judgment, if the plaintiff can show that the lawsuit was the catalyst for a...more

DLA Piper

Seventh Circuit Holds BIPA’s 2024 Damages Amendment Applies Retroactively

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In 2024, the Illinois General Assembly amended the Illinois Biometric Information Privacy Act (“BIPA”) to clarify that an individual cannot seek recovery for multiple alleged violations of BIPA when those violations concern...more

Vedder

BIPA Bellwether: Seventh Circuit Finds Damages Limitation Retroactive

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Last week, the Seventh Circuit gave a significant victory to defendants facing claims under the Illinois Biometric Privacy Act (“BIPA”), holding that a 2024 amendment limiting damages available to a prevailing plaintiff...more

Shook, Hardy & Bacon L.L.P.

BIPA Amendment Precluding Per-Scan Recovery Held Retroactive

In Clay v. Union Pacific Railroad Co., the U.S. Court of Appeals for the Seventh Circuit predicted that the Illinois Supreme Court would hold that the legislature’s amendment to the Illinois Biometric Information Privacy...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Allows Patent Damages Theory Based on Virtual Machine Usage in Exafer Ltd. v. Microsoft Corp.

In Exafer Ltd. v. Microsoft Corp., the Federal Circuit reversed the district court’s decision to exclude Exafer’s damages expert’s report and vacated summary judgment for Microsoft based on the absence of a remedy....more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Affirms Nonobviousness and Upholds Damages Methodology in Willis Electric Co. v. Polygroup Ltd.

In Willis Electric Co. v. Polygroup Ltd., the Federal Circuit affirmed the denial of judgment as a matter of law on obviousness and denial for a new trial on damages in a dispute over pre‑lit Christmas trees....more

Gordon Rees Scully Mansukhani

New Executive Order Prohibits Federal Contractors from Engaging in DEI Through Employment and Procurement Activities

On March 26, 2026, President Trump signed Executive Order 14398, entitled Addressing DEI Discrimination by Federal Contractors, requiring federal agencies to add contractual language in all federal contracts prohibiting...more

Mintz

DOJ Creates National Fraud Enforcement Division: What Actually Will Change—and What Remains to Be Seen

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On April 7, 2026, the Acting Attorney General, Todd Blanche, issued a memorandum establishing the Department of Justice National Fraud Enforcement Division (NFED). The memo describes an ambitious, but perhaps redundant,...more

Stark & Stark

When ‘The Bachelorette’ and Family Court Collide: Custody, Domestic Violence, and Social Media Evidence in the Case of Taylor...

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Taylor Frankie Paul, known for her starring role in the hit reality tv series, Secret Lives of Mormon Wives, has taken headlines by storm in recent weeks. As you may already know, the reality tv star was anticipated to...more

McGuireWoods LLP

Seventh Circuit Delivers Major Win for Businesses By Holding BIPA Damages Amendment Applies Retroactively

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On April 1, 2026, the U.S. Court of Appeals for the Seventh Circuit, which consolidated three interlocutory appeals, issued a significant ruling in Clay v. Union Pacific Railroad Co., that resolves the question of whether...more

Phelps Dunbar

New Executive Order Targets “Racially Discriminatory DEI Activities” by Federal Contractors and Significantly Expands FCA Exposure

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On March 26, President Trump issued an Executive Order titled “Addressing DEI Discrimination by Federal Contractors.” Although styled as a procurement measure, the order represents a significant escalation in the federal...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Why Defining “Irreparable Harm” in Your Contracts Matters

When disputes arise, the fastest, and sometimes only, way to prevent lasting damage is to ask a court for an injunction. But courts do not grant injunctions lightly. A key consideration is whether you’ll suffer “irreparable...more

ArentFox Schiff

Damages-Limiting Amendment to BIPA Applies Retroactively

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Last week, a unanimous Seventh Circuit panel concluded that the Illinois General Assembly’s recent change to the calculation of statutory damages under Illinois’ Biometric Information Privacy Act (BIPA) applies retroactively...more

Troutman Pepper Locke

New Industries Subjected to Lawsuits Alleging Independent Contractor Misclassification: March 2026 IC Legal News Update

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Last month’s legal developments in the area of independent contractor (IC) misclassification and compliance reflect the ever-widening variety of businesses that are subject to legal challenges by plaintiffs’ class action...more

Paul Hastings LLP

7th Circuit Confirms BIPA Amendment Has Retroactive Application

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On April 1, 2026, the U.S. Court of Appeals for the 7th Circuit issued a long-awaited opinion concerning the proper construction of an August 2024 Amendment (SB 2979) to the Illinois Biometric Information Privacy Act (BIPA)....more

Vorys, Sater, Seymour and Pease LLP

Retiring Like It’s 1984: How Legacy Mortality Tables Became ERISA’s Next Big Fight

In 1984, Congress enacted the Retirement Equity Act (REA) to strengthen retirement security for spouses and surviving beneficiaries under employer-sponsored defined benefit plans....more

Foster Swift Collins & Smith

Who Should Have the Power to Shut Down a Market?

There is a shift happening in patent law, but its real impact will not be felt in policy statements...it will be felt in federal courtrooms....more

Coblentz Patch Duffy & Bass

BIPA Damages Limitation Applies Retroactively

The Seventh Circuit recently confirmed that the 2024 amendment to the Illinois Biometric Information Privacy Act (“BIPA”) would apply retroactively, effectively limiting the available statutory damages under the statute....more

Shook, Hardy & Bacon L.L.P.

Biometric Privacy Client Alert | April 2026 | BIPA Amendment Precluding Per-Scan Recovery Held Retroactive

A Seventh Circuit ruling predicting the Illinois Supreme Court’s stance on per-scan recovery takes significant wind out of plaintiffs’ sails....more

Fox Rothschild LLP

FCA 101: Materiality

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This is the fourth blog in a series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for payment or false statements material to false claims to the US...more

Jackson Lewis P.C.

BIPA Cases: 7th Circuit Rules Change to Illinois Law’s Damages Provision Retroactively Limits Defendant Exposure

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On April 1, 2026, a unanimous panel of the U.S. Court of Appeals for the Seventh Circuit issued a significant ruling foreclosing the possibility of “per-scan” damages under the Illinois Biometric Information Privacy Act...more

HaystackID

The DOJ’s Cyber FCA Playbook Is Working as Enforcement Triples and Shows No Signs of Slowing

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A defense contractor scores itself at -142 on a cybersecurity self-assessment, then waits nearly a year — and a federal subpoena — before correcting the record. A genomics company sells sequencing systems riddled with...more

Stoel Rives LLP

Beware of Your Email Marketing Practices: What You Should Know About Washington’s Commercial Electronic Mail Act  

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Washington has seen a surge in putative class action lawsuits alleging violations of Washington’s Commercial Electronic Mail Act (CEMA), RCW 19.190.010, premised on allegedly false or misleading email subject lines....more

Polsinelli

Seventh Circuit Court of Appeals Holds That BIPA Amendment Limiting Damages Applies Retroactively

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Key Takeaways - The Seventh Circuit held that the BIPA damages cap applies retroactively to pending cases....more

Farrell Fritz, P.C.

Liquidated Damages or Unenforceable Penalty?

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This one hurts to write about (from a trial lawyer’s perspective). Imagine this: Your client sues his former business partners for breach of a non-compete....more

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