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Excessive Fines Clause Constitutional Challenges

Arnall Golden Gregory LLP

A Constitutional Perspective on False Claims Act Penalties: District Court Finds That Penalties Conflict With Constitution’s...

In a potential watershed decision issued on February 26, 2025, the United States District Court for the Northern District of Texas ruled, in U.S. ex rel. Taylor v. Healthcare Associates of Texas, that the civil penalties...more

Jones Day

Federal Court Rejects False Claims Act's Draconian Penalties

Jones Day on

Following a jury's verdict, a federal court slashed civil penalties under the False Claims Act ("FCA") as violative of the Constitution's 8th Amendment....more

Nelson Mullins Riley & Scarborough LLP

Reacting to Tyler v. Hennepin County: West Virginia Federal Court Allows Wood County Tax-Sale Challenge to Proceed

Earlier this month, the U.S. District Court for the Southern District of West Virginia declined to dismiss a Section 1983 challenge against a West Virginia County in Grady v. Wood County. This ruling comes in the wake of the...more

Proskauer - Minding Your Business

One to Watch: Constitutional Challenges to NYC’s Price Gouging Rule

On March 18, 2021, retailer Union Square Supply, Inc. filed a civil rights class action lawsuit in the Southern District of New York challenging New York City’s price gouging enforcement practices. The complaint alleges that...more

Seyfarth Shaw LLP

Man Bites Dog: This PAGA Lawsuit Is Different

Seyfarth Shaw LLP on

Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless...more

Mayer Brown

Is 2:1 The New 1:1?

Mayer Brown on

Over the years, we have reported on many cases in which courts adhered to the Supreme Court’s guidance in State Farm (and Exxon Shipping Co. v. Baker) that, when compensatory damages are “substantial, a 1:1 ratio of punitive...more

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