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Orrick, Herrington & Sutcliffe LLP

DDC tosses case challenging constitutionality of FDIC imposing civil penalties

On October 11, the U.S. District Court for the District of Columbia (DDC) denied an individual plaintiff’s motion for a temporary restraining order (TRO) and granted the FDIC’s motion to dismiss in a case seeking to enjoin an...more

Littler

High Court to Review Standard Applied to “Reverse Discrimination” Cases

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On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting...more

Dickinson Wright

The Freedom—and Limits—of Political Speech in the Workplace

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With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand...more

Kilpatrick

The End of Qui Tam FCA Claims? How a Federal District Judge Might Have Just Sounded the Death Knell For Whistleblower Lawsuits

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A seismic shift in the world of False Claims Act (“FCA”) might have occurred recently in a Middle District of Florida courtroom. On September 30, 2024, Judge Kathryn Kimball Mizelle issued her ruling in US ex rel Zafirov v....more

Hinshaw & Culbertson - Insights for Insurers

How the U.S. Supreme Court's Rulings on Kaiser and Purdue Pharma Affect Insurers' Rights and Interests in Chapter 11 Cases

On June 6, 2024, the United States Supreme Court issued its decision on an insurer’s standing in its policyholders’ Chapter 11 bankruptcy proceeding in Truck Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024). The decision...more

Seyfarth Shaw LLP

Federal District Court Finds False Claims Act Qui Tam Provision Unconstitutional

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In a landmark decision, the United States District Court for the Middle District of Florida, in United States ex rel. Zafirov v. Florida Medical Associates, LLC, held that the False Claims Act’s (FCA) qui tam provision –...more

Stotler Hayes Group, LLC

Holding State Medicaid Agencies Accountable: A Federal Court Issues Ruling on Deficiencies and Discrimination in TennCare

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“Poor, disabled, and otherwise disadvantaged Tennesseans should not require luck, perseverance, or zealous lawyering to receive healthcare benefits they are entitled to under the law.” - Waverly D. Crenshaw, Jr., United...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

Seyfarth Shaw LLP

Reproductive Health Care: A Future in Flux with the Next Administration

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Access to reproductive health care has been a part of the national debate for years, and even more so since 2022 when the US Supreme Court issued its ruling in Dobbs overturning decades of precedent established under Roe v....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

Ballard Spahr LLP

Halkbank Faces Prosecution: U.S. Court of Appeals Denies Sovereign Immunity

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On October 22, 2024, the U.S. Court of Appeals for the Second Circuit ruled that Türkiye Halk Bankası A.Ş. (“Halkbank”), owned by the Republic of Turkey, can be prosecuted for allegedly helping Iran evade U.S. sanctions and...more

Foley Hoag LLP - Cannabis and the Law

Federal District Court Grants Partial Victory to Hemp Operators Challenging the NJHAA

In a decision that reads as one of the strongest endorsements of state-based intoxicating hemp regulatory controls in recent memory, the U.S. District Court for the District of New Jersey (“Court”) recently upheld, in part,...more

Perkins Coie

Novel Decision Striking Down False Claims Act’s Qui Tam Statute Tees Up Further Litigation Over Whistleblower Lawsuits

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A recent Florida district court decision declared that the False Claims Act’s (FCA) qui tam provision violates the Constitution by vesting executive power in private whistleblowers (relators) that have not been appointed by...more

Goldberg Segalla

Did San Francisco Awaken the Ghost of the Chevron Doctrine? The Supreme Court Weighs In

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During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. This case marks the court’s first look at the Clean Water Act following...more

Ballard Spahr LLP

Citing Jarkesy, Asbury Automotive Group files suit challenging FTC administrative proceeding

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One of the country’s largest automotive retailers filed suit against the Federal Trade Commission (“FTC”) on October 4, arguing that the Supreme Court’s recent landmark decision in Securities and Exchange Commission v....more

Keating Muething & Klekamp PLL

U.S. Supreme Court to Review Title VII Reverse Discrimination Case

On Oct. 4, 2024, the U.S. Supreme Court granted certiorari to hear Ames v. Ohio Department of Youth Services –a reverse discrimination case from the U.S. Court of Appeals for the Sixth Circuit. The question before the Supreme...more

Foley Hoag LLP - Cannabis and the Law

Cajun Cannabinoid Amendments Not Spared from Spate of Legal Challenges

With certain hemp operators and trade groups enjoying varying degrees of success challenging new state laws and regulations governing intoxicating hemp products, copycat lawsuits are being filed around the country, including,...more

Bradley Arant Boult Cummings LLP

Federal District Court in Florida Holds FCA’s Qui Tam Provisions Unconstitutional

Mandatory disclosure obligations significantly changed for federal grant recipients, sub-recipients, and applicants on October 1, 2024. The amended federal regulation establishing these mandatory disclosures (2 C.F.R. §...more

Kohn, Kohn & Colapinto LLP

Unitary Executive Theory Surfaces in Court: District Court Rules Qui Tam Provisions of the False Claims Act Unconstitutional

On September 30, 2024, the United States District Court for the Middle District of Florida ruled that filing claims on behalf of the government under qui tam provisions of the False Claims Act (FCA) is unconstitutional in...more

ArentFox Schiff

New SCOTUS Case Involving Venue for Clean Air Act Challenges Matters to Your Business

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While a dispute over the Clean Air Act’s (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may...more

Epstein Becker & Green

Second Circuit Provides Lifeline to Employers Facing WTPA Claims in Federal Court

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In Guthrie v. Rainbow Fencing Inc., 113 F.4th 300 (2d Cir. 2024), the Second Circuit weighed in on a brewing dispute among New York district courts as to whether (and how) a plaintiff’s allegations may establish Article III...more

Dorsey & Whitney LLP

To Recuse or Not to Recuse? That is the Question Potentially Facing Supreme Court Justices on Book Publisher Copyright Case

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What happens if two-thirds of the U.S. Supreme Court justices have a conflict of interest in a case presented before the Court? The speculative possibilities are abundant in such a situation—do all of the affected Justices...more

Nossaman LLP

Development Plans and Permitting Efforts Help Ripen Regulatory Takings Claims

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Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more.  A few individuals...more

Blank Rome LLP

Kentucky Court Issues Permanent Injunction of Law Discriminating Against Interstate Commerce

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A U.S. District Court ruled that a Kentucky statute that requires the State’s Public Service Commission (“PSC”) to compute the reasonableness of the rates that utilities charge consumers by reducing fuel costs by any...more

Jackson Lewis P.C.

Health Plan Coverage Mandate for Over-the-Counter Contraception Proposed by Biden Administration

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With just a couple of weeks before election day, the Biden Administration announced on October 21, 2024, that it was issuing proposed rules designed, in part, to require health plans to cover over-the-counter contraception...more

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