Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more
With much of the administrative state in turmoil, the Federal Trade Commission (FTC) appears to be holding steady and continuing to litigate its current cases. We previously discussed the FTC’s lawsuit against Grand Canyon...more
On September 30, Judge Kathryn Kimball Mizelle held that the qui tam provision of the False Claims Act (FCA) violates the Appointments Clause of the U.S. Constitution because FCA relators are acting as “officers of the U.S.”...more
Last week, in the In re Plavix decision, the Third Circuit addressed the question of whether relators can be added or substituted in an amended complaint and, in the process, weighed in on whether the first-to-file bar is...more
The United States Court of Appeals for the Tenth Circuit (10th Circuit) addressed in an October 4th opinion a mootness issue associated with National Environmental Policy Act (“NEPA”) and National Historic Preservation Act...more