News & Analysis as of

Statutory Interpretation Settlement

McGuireWoods LLP

States May Not Obtain Civil Money Penalties Under the Consumer Financial Protection Act

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There has been much speculation that States will fill the void created by the Trump Administration’s drastic scaling back of the Consumer Financial Protection Bureau. Congress authorized both state attorneys general and state...more

Cadwalader, Wickersham & Taft LLP

Certainty and Uncertainty May 2025 - CFPB v. NCSLT Again Again Again

As if the saga of litigation involving the Consumer Financial Protection Bureau (“CFPB”) and National Collegiate Master Student Loan Trusts (“NCSLT”) that has been going on since 2017 has not been protracted and complicated...more

Stoel Rives - Notice of Appeal

Oregon Supreme Court Clarifies Contribution Rights under the Oregon Environmental Cleanup Assistant Act

Last week, the Oregon Supreme Court issued an important decision interpreting the Oregon Environmental Cleanup Assistance Act (OECAA), clarifying the boundaries of insurer contribution rights and the scope of the statute’s...more

CDF Labor Law LLP

California Supreme Court Clarifies Cost Shifting Under CCP Section 998

CDF Labor Law LLP on

The California Supreme Court has clarified how the cost-shifting provisions of California Code of Civil Procedure Section 998 (“Section 998”) may apply when a case settles before trial. In a recent decision, Madrigal v....more

Weber Gallagher Simpson Stapleton Fires &...

NJ Court Rules Medicare Set-Aside Funds Excluded from Workers’ Comp Attorney Fee Calculations

A recent ruling concerning a workers’ compensation case in New Jersey reaffirmed that Medicare Set-Aside (MSA) funds should not be included in the calculation of attorney fees. The case involved a reopener application for a...more

Akin Gump Strauss Hauer & Feld LLP

The Top 10 Takeaways for Businesses from the Supreme Court’s Three Big Administrative Law Decisions in 2024

Now that the dust has settled following the Supreme Court’s overhaul of administrative law through three late-term decisions, Akin litigators and policy advisors offer the most significant takeaways for businesses and...more

Burr & Forman

SEC Reverts to Two-Step Enforcement Settlements and Waiver Requests

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On February 11, SEC Acting Chair Lee announced that the Commission no longer would permit settlements in enforcement actions to include, or be contingent on the grant of, waivers of statutory disqualifications that flow from...more

Carlton Fields

Court Upholds California Department of Insurance’s Expansive Interpretation of Claims Practices Statute

Carlton Fields on

A California appellate court recently reversed the trial court’s decision to enjoin the California Insurance Commissioner from enforcing certain regulations regarding unfair claim settlement practices....more

Troutman Pepper Locke

Contractor Has No Duty To Indemnify Gas Company For Settlement Paid To Injured Employee Under Florida’s Underground Facility And...

Troutman Pepper Locke on

Peoples Gas Sys. v. Posen Constr., Inc., 2018 U.S. Dist. LEXIS 106427 (M.D. Fla. June 26, 2018) - In 2009 Posen Construction, Inc. (“Posen”), a road construction contractor, entered into a general contractor agreement with...more

Seyfarth Shaw LLP

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

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Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more

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