News & Analysis as of

Declaratory Relief

Proskauer Rose LLP

Wealth Management Update - September 2024 - 2

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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

Proskauer - Health Care Law Brief

Post‑Chevron Spotlight: Disproportionate Share Hospital Payments Restored as Texas Hospitals Prevail in Challenge to HHS Exclusion...

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

Proskauer Rose LLP

Wealth Management Update - September 2024

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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

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

Valuation of Riparian Rights: Federal Court Addresses Jurisdictional Issue

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

Ballard Spahr LLP

Bank and Credit Union Industry Groups Challenge Illinois Interchange Fee Prohibition Act as Unlawful and Urge the Court to Stop...

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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

Morrison & Foerster LLP

Fünf wesentliche Änderungen für Unternehmen

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

Morrison & Foerster LLP

The New Capital Markets Model Case Act: Five Key Changes for Companies

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

Buchalter

In a Win for Policyholders, California Supreme Court Broadly Applies Unfair Competition Law’s Four-Year Statute of Limitations to...

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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

Sherman & Howard L.L.C.

Emergency Act Signed into Law To Prevent Digital Impersonation of Certain Political Candidates

The rapid expansion of artificial intelligence deep fake technology has caused Arizona to take critical steps to help protect the integrity of upcoming elections. Calling it an “emergency measure that is necessary to preserve...more

Farella Braun + Martel LLP

Bay Bridge Series Second Inning: Oakland Doubles to Right With Countersuit in "San Francisco" Airport Trademark Dispute

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

Sheppard Mullin Richter & Hampton LLP

Cannabis Operator Challenges California State Statute and Regulations Requiring Labor Peace Agreements

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

ArentFox Schiff

Ninth Circuit Dismisses Kids’ Climate Case (Again)

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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

Pierce Atwood LLP

Maine Law Court Upholds Sanctions Against Pro Se Litigant in Foreclosure Cases

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Pro se litigant Von Scott filed a complaint against Federal National Mortgage Association (FNMA) in the Superior Court, seeking to void a foreclosure judgment entered in FNMA’s favor and to set aside the subsequent sale of...more

Epstein Becker & Green

Two Plaintiffs Win Border Battles as Court Emphasizes When It Has Jurisdiction in Cases with Substantial Factual Issues - SCOTUS...

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Yonas Fikre, a U.S. citizen who had emigrated from Sudan, found himself placed on the No Fly List by the FBI and unable to return to the United States from an international trip. This action followed Fikre’s having been...more

Cozen O'Connor

Republican AGs Pour Cold Water on New EPA Rule

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A group of 11 Republican AGs and several energy industry groups filed a lawsuit against the EPA challenging the 2023 Water Quality Certification Rule, which revises the Clean Water Act’s (CWA) permitting process to allow...more

AEON Law

Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims

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A federal district court judge has thrown out most of the claims that a group of artists asserted against artificial intelligence (AI) platforms that they claim used their work without permission. The case is Andersen et al....more

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

Endangered Species Act/Cattle Grazing: Center for Biological Diversity Citizen Suit Action Alleging U.S. Fish and Wildlife...

The Center for Biological Diversity and Maricope Audubon Society (collectively, “Audubon”) filed a November 2nd Complaint for Declaratory Judgment and Injunctive Relief (“Complaint”) in the United States District Court for...more

Freiberger Haber LLP

Fraudulent Inducement, Merger Clauses and Duplication

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A couple of months ago, we examined NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) (here), a case in which a lower court addressed the question whether the...more

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

Arkansas Department of Energy & Environment - Division of Environmental Quality V. U.S. Environmental Protection Agency:...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

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

Citizen Suit Action/Endangered Species Act: Center for Biological Diversity Judicial Complaint Alleging U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) filed a September 27th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the United States Fish...more

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

Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

Holland & Hart LLP

Groundbreaking Lawsuit Challenges Utah's Management of Great Salt Lake

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A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging...more

Farella Braun + Martel LLP

California Court Issues First Decision Addressing Builder’s Remedy; Decision on Related Lawsuit Pending

The first California court decision to issue declaratory relief to a developer under the “builder’s remedy” appears to be on the horizon. The builder’s remedy has garnered significant attention over the past two years as...more

Cozen O'Connor

The Latest McHugh Battleground: Class Certification

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We are writing with a further litigation update on the potential after-effects of the California Supreme Court’s pivotal decision in McHugh v. Protective Life Insurance Company.1 That decision addressed the breadth of the...more

Butler Snow LLP

Let’s Get Down to Business (Court): A Primer on Texas’ newest Trial Court

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Although wading through the salient headlines from the 2023 Texas state legislative session has felt like an endless feat, Texas businesses (and litigators) should take some time to acquaint themselves with H.B. 19, which...more

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