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Constitutional Challenges Motion to Dismiss

Mintz

Trump Administration Files Preemptive Lawsuits Against Hawaii and Michigan to Block Climate Change Litigation

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Recently, both the State of Hawaii and the State of Michigan had announced that they would be pursuing litigation against fossil fuel companies concerning alleged damages stemming from the companies' contribution to climate...more

Orrick, Herrington & Sutcliffe LLP

Bank responds to CFPB’s amended complaint and alleges improper delay tactics

On March 17, a bank again asked the U.S. District Court for the Northern District of Texas to dismiss the CFPB’s suit against the bank. As previously covered by InfoBytes, the Bureau filed an amended complaint after the...more

Axinn, Veltrop & Harkrider LLP

Wynn v. The Associated Press, et al.: A Recent Petition for a Writ of Certiorari Highlights Challenges to New York Times v....

The 1964 Supreme Court case New York Times v. Sullivan, which requires public officials to prove “actual malice” to succeed on a defamation claim, was a watershed moment in defamation law. Curtis Publishing Co. v. Butts was...more

Kohrman Jackson & Krantz LLP

The City of Cleveland and State of Ohio Fight to Enforce the Modell Law and Block the Browns’ Move to Brook Park

This week, the City of Cleveland (the City) and the State of Ohio (the State) took several key actions in the battle to prevent the Cleveland Browns from relocating to a domed facility in Brook Park, Ohio. On January 14,...more

Troutman Pepper Locke

The Beginning of the End for False Claims Act Qui Tam Cases? Florida District Judge Holds Whistleblower Provisions...

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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

Morgan Lewis

Florida District Court Finds FCA Qui Tam Provisions Unconstitutional in Outlier Opinion

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On September 30, 2024, US District Judge Kathryn Kimball Mizelle of the Middle District of Florida held in United States ex rel. Zafirov v. Florida Medical Associates, LLC that the qui tam provisions of the False Claims Act...more

Ballard Spahr LLP

Another target of CFPB enforcement action argues that lawsuit filed on August 23, 2023 must be dismissed because the CFPB lacked...

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We have recently blogged about two other actions in which this issue has been raised (one being a declaratory judgment action filed against the CFPB on July 23, 2024 in the E.D. Tex. and the other being an enforcement action...more

Ballard Spahr LLP

Populus files motion to dismiss CFPB enforcement action based on fact that CFPB has been unlawfully funded by Fed when it had no...

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We have previously blogged about an enforcement action brought on July 12, 2022 by the CFPB against Populus Financial Group, Inc., d/b/a ACE Cash Express, Inc. in Federal District Court for the Northern District of Texas...more

Carr Maloney P.C.

Federal Criminal Prohibition on Cannabis Unconstitutional? A Case to Watch

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Tired of waiting on Congress to act, in October 2023, several Massachusetts cannabis business owners, Canna Provisions, Inc., Gyasi Sellers, Wiseacre Farm, Inc., and Verano Holdings Corp, filed suit in a Massachusetts federal...more

Lathrop GPM

Washington Federal Court Denies Motion to Dismiss Out-of-State Distillers Constitutional Challenge to Washington’s Distillery...

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A federal court in Washington denied the State of Washington’s motion to dismiss an out-of-state distiller’s constitutional challenge to Washington’s distillery regulatory scheme. Shady Knoll Orchards & Distillery LLC v....more

Proskauer Rose LLP

Three Point Shot - September 2023

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

Zuckerman Spaeder LLP

The Supreme Court Confirms the Government’s Essentially Unfettered Authority to Dismiss False Claims Act Cases

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On Friday, June 16, 2023, I (sort of) lost my bet that the Supreme Court would follow the path charted in Borzilleri v. Bayer Healthcare Pharmaceuticals, 24 F.4th 32 (1st Cir. 2022) to determine the government’s False Claims...more

Holland & Knight LLP

U.S. Supreme Court Rules on False Claims Act Dismissals

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The U.S. Supreme Court ruled in U.S. ex rel. Polansky that the federal government has the authority to dismiss a False Claims Act (FCA) suit at any stage of litigation, even over a relator's objections, so long as the...more

Morrison & Foerster LLP

Supreme Court: U.S. Government Has Broad Discretion to Dismiss False Claims Act Suits

On June 16, 2023, the Supreme Court issued a decision in United States ex rel. Polansky v. Executive Health Resources, Inc., giving the United States government broad power to dismiss qui tam FCA lawsuits even when it has...more

BakerHostetler

SCOTUS Majority Affirms the DOJ's Ability to Dismiss Whistleblower Cases Under the False Claims Act - But Dissent Raises Suspicion...

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On June 16, 2023, the United States Supreme Court issued an 8-1 decision in the case of United States, ex rel. Polansky v. Executive Health Resources, Inc., which held that the Department of Justice (DOJ) can move to dismiss...more

Ballard Spahr LLP

Populus Financial Group moves for dismissal of CFPB lawsuit and stay pending Fifth Circuit decision

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Populus Financial Group, Inc., which does business as ACE Cash Express, has filed a motion to dismiss the lawsuit filed by the CFPB in July 2022 against Populus in a Texas federal district court in which the CFPB alleges that...more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

Robinson+Cole Data Privacy + Security Insider

Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action

The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more

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

Shingle Pile/Solid Waste Storage: Federal Court Addresses Equal Protection Claims Against Dallas, Texas

The United States District Court for the District of Texas (“Court”) addressed in an August 4th Opinion issues arising out of a solid waste storage and recycling facility/shingle pile in Dallas, Texas. See Marsha Jackson v....more

Proskauer - California Employment Law

Board of Directors Quota Law May Be Unconstitutional

Meland v. Weber, ___ F.3d ___, 2021 WL 2521615 (9th Cir. 2021) In 2018, the California Legislature enacted Senate Bill 826, which requires all corporations headquartered in California to have a minimum number of females on...more

Patterson Belknap Webb & Tyler LLP

Blurred Immunity: California Cannot Escape Adversary Proceeding on Grounds of Sovereign Immunity

In 2018, the liquidating trustee for Venoco, LLC and its affiliated debtors (collectively, the “Debtors”) commenced an action in the United States Bankruptcy Court for the District of Delaware seeking monetary damages from...more

Faegre Drinker Biddle & Reath LLP

Another Fifth Circuit Court to Follow in Creasy’s Footsteps

The Eastern District of Texas recently dismissed a plaintiff’s TCPA claim in Cunningham v. Matrix Financial Services, LLC,  No. 4:29-cv-896 (E.D. Tex. Mar. 31, 2021) for lack of subject matter jurisdiction. This decision...more

Foley & Lardner LLP

Constitutional Challenges to Proposed Retroactive COVID-19 Coverage Legislation

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In the early days of the COVID-19 pandemic, many thousands of businesses were forcibly shuttered when governors and mayors across the country ordered cessation of most economic activity and closure of most businesses in an...more

Goodwin

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits

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California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits; California District Court Dismisses Fraud-Related Claims Against AT&T; Third Circuit Holds Challenge to SEC’s Decision to...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

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