In “business divorce” litigation involving LLCs, it is common to see a disgruntled LLC member asserting claims against the LLC’s manager. Depending on the type of harm alleged, those claims might be asserted directly (by the...more
Previously, this Blog examined the doctrine of res judicata (here, here, here and here). Under the doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties...more
A coalition of 23 Democratic AGs, led by New York AG Letitia James, filed a lawsuit in the U.S. District Court for the District of Rhode Island to block a directive from the Trump administration’s Office of Management and...more
As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more
On January 1, 2025, Senate (SB) Bill 399, officially went into effect in California. California joined other states, including Illinois, Connecticut, Hawaii, New York, and Oregon, in enacting statutes that prohibit “captive...more
Class Action Regime Modern class action litigation began with the United States’ 1966 adoption of amendments to the Federal Rules of Civil Procedure which more efficiently allowed for claims to be pursued, in appropriate...more
U.S. Eleventh Circuit Court of Appeals - NLRB v. ArrMaz Products - collective bargaining, election - Lubin v. Starbucks - class action, ERISA, arbitration - USA v. Ogiekpolor - speedy trial...more
Failing to file a notice of claim pursuant to Civil Practice Law and Rules (“CPLR”) Section 9802 can become a trap for the unwary litigator who commences a hybrid proceeding-action (Article 78 claim(s) combined with plenary...more
The Michigan Attorney General (“AG”) filed a Complaint in the Michigan Circuit Court for the 30th Judicial Circuit against Ox Paperboard WP, LLC (“Ox”) and White Pigeon Mills, LLC (“White Pigeon”) for alleged violations of a...more
Statutes of limitations limit the time within which a defendant can be held liable for any type of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitations period will find the courthouse doors...more
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
An Illinois United States District Court (“Court”) addressed in a September 30th Order issues involving interpretation of riparian rights and easements. The issues arose in the context of Tuggers Burger & Ale House...more
A dental practice submitted a business interruption claim to its property insurers due to the COVID-19 shutdown orders. The insurers denied coverage, citing a lack of physical damage to the premises. Breaking with national...more
Sullivan was pleased to file an amicus brief on behalf of NAIOP Massachusetts – The Commercial Real Estate Development Association (NAIOP) in the case of Attorney General v. Town of Milton. The case involves the Town’s...more
September 2024 AFRs and 7520 Rate - The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September...more
In a victory for Texas health care providers, in Baylor All Saints Medical Center dba Baylor Scott & White All Saints Medical Center‑Fort Worth et al. v. Xavier Becerra, case number 4:24‑cv‑00432, the United States District...more
The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September applicable federal rate (“AFR”) for use...more
A United States Magistrate (U.S. District Court [Alabama]) (“Magistrate”) addressed in an August 2nd Report and Recommendation whether a water law dispute satisfied the jurisdictional minimum of $75,000.00 to remain in...more
On August 15, 2024, the Illinois Bankers Association, American Bankers Association, America’s Credit Unions, and Illinois Credit Union League filed a complaint for declaratory and injunctive relief against the Illinois...more
Seit dem 20. Juli 2024 gilt das Gesetz über Musterverfahren in kapitalmarktrechtlichen Streitigkeiten (KapMuG) in seiner überarbeiteten Fassung. Mit der Neufassung dieses Spezialgesetzes für die gerichtliche kollektive...more
Since July 20, 2024, a reformed version of the Capital Markets Model Case Act (Gesetz über Musterverfahren in kapitalmarktrechtlichen Streitigkeiten – Kapitalanleger-Musterverfahrensgesetz – KapMuG) has been in force in...more
What happens when a policyholder seeks to bring an action against its insurer for violation of California’s Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq., (“UCL”)), which has a four-year statute of limitations,...more
After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The declaratory relief decision will similarly answer the question of whether Oakland's use of the...more
On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole Elliott in her official capacity as Director of the State of California’s Department of Cannabis...more
Juliana v. United States — brought by 21 children against the United States and alleging that the government has failed to adequately respond to climate change — has ping-ponged through the federal court system since 2015. ...more