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Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations
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Law School Toolbox Podcast Episode 313: Listen and Learn -- The Basics of Justiciability (Con Law)
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
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Bar Exam Toolbox Podcast Episode 110: Listen and Learn -- The Basics of Justiciability (Con Law)
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Podcast: Texas v. United States of America
Supreme Court’s Rulings On Same-Sex Marriage Spark Many Questions On Employee Benefits
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Bill on Bankruptcy: MF Global Creditors Undeterred by Low Value
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In Dao v. Trinh, a group of five individuals who contributed money for membership in a religious community sued the person who they alleged misapplied their money for the benefit of a different religious community. No....more
A New Jersey appellate court, reversing a summary judgment decision, recently held that the New Jersey Coalition of Automotive Retailers, Inc. (the Coalition) had associational standing to bring an action against Ford Motor...more
On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more
This week, the Ninth Circuit addresses the distinction between Article III and statutory standing, and it considers issues arising from the sinking of a drydock in a marine sanctuary. JONES v. FORD MOTOR CO. - ...more
Standing- Dickson v. Direct Energy, LP, 6th Cir. Case No. 22-3394. In this putative class action, the appellant appealed the district court’s decision to dismiss his Telephone Consumer Protection Act (TCPA) claim for...more
Ohio- Agent’s Liability Under Contract- Nat’l Church Residences v. Kessler, 3rd Dist. Union, No. 2023-Ohio-1437. The Third Appellate District reversed the trial court’s decision to grant the plaintiff summary judgment,...more
The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more
Ellison v. Three Rivers Acquisition LLC et al., on remand from the Texas Supreme Court, is the third round of a boundary dispute between mineral lessees in Irion County. For the history of Ms. Ellison’s odyssey from...more
In Foster v. PNC Bank, National Association, the Seventh Circuit affirmed the dismissal of plaintiff’s Fair Credit Reporting Act (FCRA) claim, but determined that plaintiff lacked standing because he could not show that...more
The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more
Condominium Ass’n / Receivership / Scope: Trial court erred in granting the receiver’s ex parte motion in the post-judgment proceeding supplementary to broaden the scope of her receivership of the condominium association to...more
The question in litigation is usually “WHAT”: what happened, what contract was breached, what did someone do or fail to do, and so on. In Hughes v. CJM Resources, LP, the question was, “WHO” had the right to file the suit in...more
The New York State Supreme Court, New York County Commercial Division (the “Court”) decided in U.S. Bank, N.A. v. 342 Property LLC, on February 14, 2022, that a mezzanine lender that is not a party to loan documents that...more
Last week, the U.S. District Court for the Southern District of New York dealt a major blow to mortgage investors in two parallel actions pending for the past few years. The impact proved to be fatal to one of the actions,...more
You may be able to bring a misappropriation of trade secrets claim even if you do not actually own the misappropriated trade secret. A growing number of federal cases indicate ownership of a trade secret may not be required...more
Addressing a range of trademark licensing issues, including discretionary approval, exculpatory contract clauses and third party beneficiary standing, the US Court of Appeals for the Federal Circuit affirmed a lower court’s...more
Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability? As we discussed in our Spring 2017 issue of The Class Action Chronicle, courts have struggled to define the...more
COVID-19 class actions continue to increase and are expected to spread to additional areas of law. Higher education has been one of the prime subjects of class actions thus far. To date, over 250 class action lawsuits have...more
It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more
ANTENNASYS, INC. v. AQYR TECHNOLOGIES, INC. Before, O’Malley, Bryson, and Reyna. Appeal from the U.S. District Court for the District of New Hampshire - Summary: The Federal Circuit held that claim construction issues...more
In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging,...more
Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against hospitality and leisure industry companies, like hotels, timeshares, fitness and social clubs,...more
The poet, Robert W. Service once wrote that “a promise made is a debt unpaid.” The question that remains is: Who gets to collect on that unpaid debt?...more
Late last month, the U.S. Court of Appeals for the Eleventh Circuit held in Regions Bank v. Legal Outsource PA, No. 17-11736, 2019 WL 4051703 (11th Cir. Aug 28, 2019), that a loan guarantor does not qualify as an “applicant”...more
N.C. Business Court Refuses to Allow Member-Managers to Assert Contract Claims Belonging to their LLC. In its second opinion in Bennett v. Bennett, 2019 NCBC 45 (N.C. Super. Ct. Aug. 6, 2019), the Business Court denied...more