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Motion to Dismiss › Restitution

McGlinchey Stafford

Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

McGlinchey Stafford on

On December 30, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a ruling from the U.S. District Court for the Southern District of Mississippi that concerned the denial of Appellant’s motion to...more

Franczek P.C.

Non-Union Members Denied Fair-Share Fee Refunds After Janus

Franczek P.C. on

Earlier this month, the Seventh Circuit joined the consensus across the country, concluding in two separate cases that unions that collected fair share fees prior to the U.S. Supreme Court’s ruling in Janus v. AFSCME, 585,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Holds FTC Must Show Defendants Are ‘About to Violate’ the Law for Injunctive Relief and Disgorgement

Skadden, Arps, Slate, Meagher & Flom LLP on

On February 25, 2019, in FTC v. Shire ViroPharma, Inc., the U.S. Court of Appeals for the Third Circuit confirmed that the Federal Trade Commission (FTC) cannot plead its way into federal court via Section 13(b) of the FTC...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Recoupment of Civil and Criminal Penalties under Bankruptcy Code

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the defendant – who had pleaded guilty in a criminal case to one count of fraud under the Commodity Exchange Act (CEA) and one count of money laundering,...more

Sullivan & Worcester

Guelph Treasure Heirs Explain Why Case Belongs in U.S. Court

Sullivan & Worcester on

We filed yesterday the opposition to the motion to dismiss my clients’ claims over the 1935 forced sale of the Guelph Treasure, or Welfenschatz. The motion was filed two months ago by defendants Germany and the Stiftung...more

Proskauer - Minding Your Business

New York’s Appellate Division Reinstates Attorney General’s Statutory Fraud Claim Against “Trump University”

Proskauer - Minding Your Business on

In State of New York v. Trump Entrepreneur Initiative LLC, New York’s Appellate Division recently denied a motion by Donald Trump’ organization to dismiss a fraud claim brought by the New York Attorney General (“AG”) under...more

BakerHostetler

Visa Loses Motion to Dismiss in Genesco Case - Are the Days for PCI Assessments Numbered?

BakerHostetler on

In a highly anticipated decision, a federal court in Tennessee let stand a retailer’s claims against Visa for violation of California’s Unfair Competition Law (UCL) and for common law claims for unjust enrichment and...more

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