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Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
McCarter & English, LLP

Highly Touted Settlement Caps NIL Payments to Student Athletes

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In a much anticipated antitrust class action settlement, a federal judge granted preliminary approval of a $2.7 billion proposed settlement that will cap the amount of money National Collegiate Athletic Association (NCAA)...more

Amundsen Davis LLC

Democratizing the Defense to Doxing: New Attorney Fee Awards for Victims Alters Paradigm

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Defamation is the line between free and unlawful speech. Doxing is the disclosure of another’s personally identifiable information with the intent to bring the internet’s violent speech to their front door. Online defamation...more

Wiley Rein LLP

DOJ Continues Crackdown on Cybersecurity Compliance with $1.25M FCA Settlement

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The Department of Justice (DOJ) secured another win for its Civil Cyber-Fraud Initiative last week when it resolved a False Claims Act (FCA) action[1] alleging Pennsylvania State University (Penn State) failed to comply with...more

Ballard Spahr LLP

CFPB touts three wins in funding challenges: Is it all sizzle but no steak?

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As we have previously reported, there are several CFPB enforcement lawsuits pending in which the defendants have filed motions to dismiss based in whole or in part on the argument that subsequent to September 2022, all...more

Benesch

Jury Finds Phillips 66 Liable For Misappropriating Trade Secrets in $605 Million Verdict

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Last week, a California jury found Phillips 66 liable for misappropriating trade secrets from Propel Fuels Inc., a low-carbon renewable fuels retailer, and awarded Propel $605 million in damages....more

Carlton Fields

Florida Appeals Court Decisions: Week of October 21-25, 2024

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U.S. Eleventh Circuit Court of Appeals - Ga v. Shafer - elections, federal officer removal, pretrial habeas - Ga v. Clark -  elections, federal officer removal, special purpose grand jury, federal question - Gemini...more

MG+M The Law Firm

Blue Cross Blue Shield to Pay Record $2.8 Billion in Proposed Antitrust Settlement with Healthcare Providers

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On October 14, 2024, a class of thousands of hospitals, physician groups and other healthcare providers filed a proposed settlement in a twelve-year antitrust lawsuit against the Blue Cross Blue Shield (BCBS) network. BCBS...more

The Volkov Law Group

Episode 342 -- How to Conduct an Internal Compliance Site Visit and Review

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How can companies ensure that their compliance programs are robust enough to handle today’s complex ethical challenges? In this episode, Michael Volkov dives into the critical components of conducting an internal compliance...more

Bowditch & Dewey

The Legal Battle Over Milton’s Noncompliance with the MBTA Communities Act – What Towns Need to Know

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On October 7, 2024, the Supreme Judicial Court (“SJC”) heard oral arguments from the Attorney General’s Office and the Town of Milton regarding the Town of Milton’s noncompliance with the so-called MBTA Communities Act. For...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Supplemental Environmental Project/Wastewater Enforcement: U.S. Environmental Protection Agency and Mullan, Idaho Mine Operator...

The United States Environmental Protection Agency (“EPA”) and Hecla Limited (“HL”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System...more

Perkins Coie

New Washington Ruling Endorses 30-Minute Penalty for Meal Period Violations

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In Androckitis v. Virginia Mason Medical Center, the Washington State Court of Appeals recently held that the remedy for meal period violations includes three components: (1) payment of time worked during the meal period;...more

Rivkin Radler LLP

October 2024 Insurance Update

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There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Organic Residuals/Storage Lagoon: Nuisance Action Filed in Circuit Court Addressing Crawford County, Arkansas Facility

An individual and a restaurant filed a Class Action Complaint (“Complaint”) on October 18th in the Circuit Court of Crawford County, Arkansas against Denali Water Solutions, LLC (“Denali”). See Case No. 17CV-24-734....more

CDF Labor Law LLP

LWDA Publishes PAGA Frequently Asked Questions

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The California Labor & Workforce Development Agency (“LWDA”) recently published Frequently Asked Questions pertaining to the Private Attorneys General Act (“PAGA”) and the recent amendments that impact PAGA claims after June...more

Marshall Dennehey

Complex Claimant Scenario Leads to $1 Million Judgment for Plaintiffs

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Douglas Davis, et al. v. JRL Capital Corporation, et al., FINRA Case #22-01426 - In a case stemming from alleged losses from GWG L Bonds, two out of six claimants had their claims dismissed with prejudice as a sanction for...more

Axinn, Veltrop & Harkrider LLP

Apportionment of Trade Secret Damages: Will Phillips 66 Ask A Six Hundred Million Dollar Question?

In a trade secret misappropriation action, a complainant is required to prove the amount of its damages with reasonable certainty and that this amount has been caused by the misappropriation. Therefore, the trade secret...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 14-18, 2024

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U.S. Eleventh Circuit Court of Appeals - Siples v. BR Exploration – Daubert, causation testimony, toxic exposure - Lozman v. Riviera Bch – eminent domain, comprehensive plan, ripeness - Hidroelectrica Santa Rita v....more

Cozen O'Connor

New York AG Sues Manufactured Home Park Over Maintenance Issues, Fees, Rent Hikes

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New York AG Letitia James filed a lawsuit against River Valley Estates, LLC, and associated individuals (collectively, “River Valley”), alleging that the manufactured home park failed to maintain essential infrastructure and...more

Bennett Jones LLP

Keeping It (Not So) Simple: Streamlined Trials in Alberta

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On December 22, 2023, the Court of King's Bench issued a Notice to the Profession setting out the procedure for adjudicating a civil action by a new process known as a “streamlined trial”, which replaces the old and...more

Epstein Becker & Green

A Win for Out-of-Network Providers

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In a major win for healthcare providers, on September 20th a Louisiana state court jury awarded $421 million in favor of an out-of-network provider in its long dispute with Blue Cross Blue Shield of Louisiana (“BCBS of...more

Lathrop GPM

Michigan Federal Court Grants Motion to Dismiss Claims Against One Owner of Franchisor, Denies Motion to Dismiss Claims Against...

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A federal court in Michigan recently granted a motion to dismiss for lack of personal jurisdiction against one owner of a franchisor, while denying the motion to dismiss against the other owner and granting the franchisor’s...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Corner Post – Opening Up Administrative Procedures Act, Challenges To The Sentencing Guidelines

In our recent post, “As Chevron Goes, So Goes the Sentencing Guidelines”, we discussed the possible ramifications the U.S. Supreme Court decision in Loper Bright might have on the Sentencing Guidelines going forward. Namely,...more

McDermott Will & Emery

No Matter How You Slice and Dice It, Conclusory Evidence Can’t Support Entire Market Value Damages

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The US Court of Appeals for the Federal Circuit concluded that the entire market value rule was not applicable where conclusory expert testimony was the only evidence that a product’s infringing features drove consumer...more

Brooks Pierce

NLRB General Counsel Doubles-Down on Non-Compete Agreement—and Takes Aim at “Stay-or-Pay” Provisions

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On October 7, 2024, the General Counsel for the National Labor Relations Board (“NLRB”) issued a memorandum offering her perspective on damages employers may face when enforcing allegedly unlawful non-compete agreements, and...more

Steptoe & Johnson PLLC

NLRB: Use of Non-Compete and "Stay-or-Pay" Clauses May Trigger Significant Monetary Consequences for Employers

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On October 7, National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo issued Memorandum GC 25-01, reinforcing and expanding previous positions on how certain restrictive covenants may violate the National...more

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