The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA)...more
The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law has entered into force on 13 October 2023....more
No financial services firm or professional welcomes an investigation by a regulator, let alone enforcement action. Each investigation proceeds differently depending on the target of the investigation, the subject matter and...more
This week, the Court addresses whether plaintiffs may bring civil RICO claims that allege injury to a business that violates federal law. The Court holds that plaintiffs do not have statutory standing under the Racketeer...more
A District Court of Appeal of Florida (First District) (“Appellate Court”) addressed in a September 9th Opinion an issue arising out of an organization’s challenge of a utility’s Distributed Generation Policy (“DGP”). See...more
As we wait to see how the Supreme Court will rule on the FTC’s redress authority and whether the FTC will potentially be controlled by Republicans or Democrats for at least the next four years, it is worth noting that...more
Shareholder Derivative Lawsuit Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative...more
Synopsis: New Jersey’s recently enacted legislation which significantly extends the statute of limitations for sexual abuse claims and creates a two-year filing window for sexual abuse claims that would otherwise be...more
Recently, representatives of EU member states agreed on a mutual position regarding the Commission's Proposal for a Directive on representative actions for the protection of the collective interests of consumers, and...more
The Federal Circuit recently tightened the standing requirements for an IPR appeal in AVX Corp. v. Presidio Components, Inc., No. 18-1106, 2019 WL 2079178 (Fed. Cir. May 13, 2019). AVX previously challenged the validity of...more
Yesterday, Judge Paul Diamond dismissed climate litigation brought by the Clean Air Council and two minor plaintiffs. Like the Juliana case in Oregon, the plaintiffs argued that the government had violated the their rights by...more
Consumer access to remedy has long been a neglected part of what many consider to be an already broken housing market. Housing disputes are heard in a number of different legal settings and the process is often convoluted and...more
On September 20, 2018, in Durham v. Martin, et al., 2018 WL 4496404 (6th Cir. 2018), the Sixth Circuit reversed the Middle District of Tennessee’s finding that Jeremy Durham lacked standing to pursue a suit against certain...more
Effective July 18, 2017, the FDIC has adopted amendments to its Guidelines for Appeals of Material Supervisory Determinations. The FDIC proposed the amendments last August and received only two comment letters, one from a...more