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Civil Remedies Updates

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Littler

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

Littler on

In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”...more

Nossaman LLP

Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

Nossaman LLP on

Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property?  This one is pretty simple:  the answer is no....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Whole Foods settles class action case

Whole Foods Market has agreed to settle a class-action lawsuit that alleged the company failed to prudently manage the administrative fees of its $1.9 billion 401(k) plan, resulting in millions in losses for employees....more

Troutman Pepper Locke

What Is a Receivership and How Does It Differ From Bankruptcy?

Troutman Pepper Locke on

A receivership is an equitable remedy in which an independent third party is appointed by a court to manage and preserve a company’s assets. Though bankruptcy and receiverships are similar, there are significant differences...more

Vinson & Elkins LLP

The Trump Tariff Regime Brings Risks of Criminal and Civil False Claims Act Enforcement

Vinson & Elkins LLP on

On April 2, 2025, President Donald Trump announced a new tariff regime under the International Emergency Economic Powers Act of 1977 (“IEEPA”), citing national security concerns. This regime includes a 10 percent baseline...more

Carey Olsen

Standing room only: a “person aggrieved” under s.273 of the BVI Insolvency Act 2003

Carey Olsen on

In a judgment handed down on 15 April 2025, Stevanovich v Matthew Richardson and another (as Joint Liquidators of Barrington Capital Group Ltd (in Liquidation) [2025] UKPC 18, the Judicial Committee of the Privy Council (the...more

Alston & Bird

DOJ Settles False Claims Act Case with MORSECORP Over Cybersecurity Program

Alston & Bird on

On March 26, 2025, the United States Department of Justice (DOJ) announced that it had reached an agreement with MORSECORP Inc. (MORSE) to settle alleged violations of the False Claims Act (FCA), specifically regarding...more

Goldberg Segalla

New Jersey Joins New York and Pennsylvania in Treating Commissions as Wages

Goldberg Segalla on

In Musker v. Suuchi, Inc., the New Jersey Supreme Court addressed whether commissions are considered “wages” under New Jersey’s Wage Payment Law (NJWPL) after a salaried employee sued her employer for allegedly withholding...more

Fox Rothschild LLP

Washington State May Ease Pay Transparency Rules

Fox Rothschild LLP on

Washington Gov. Bob Ferguson is considering a bill that would amend the state’s wage disclosure requirements in the Equal Pay and Opportunities Act (EPOA) and implement major changes regarding potential liability for...more

McDermott Will & Emery

Damages on Default Judgment Not Barred by Absence of Precise Amount in Complaint

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined...more

Lowenstein Sandler LLP

Two False Claims Act Cases From SDNY Highlight Continuing Bite of Aggressive Healthcare Enforcement

The U.S. Attorney’s Office for the Southern District of New York last week announced the resolution of two significant False Claims Act (FCA) cases—one from a large settlement and the other the result of a jury verdict after...more

Blake, Cassels & Graydon LLP

Show Me the Money: B.C. Court of Appeal Affirms Privacy Breach Damages Without Proof of Consequential Loss

On April 23, 2025, in Insurance Corporation of British Columbia v. Ari, the British Columbia Court of Appeal affirmed a class action judgment awarding aggregate damages of C$15,000 per class member without proof of...more

Venable LLP

California Supreme Court Finds Parties Cannot Contract Away Liability for Willful Injury

Venable LLP on

On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code....more

Vedder Price

Seventh Circuit Allows Recovery of Back Pay in ADA Case Absent Proof of Disability

Vedder Price on

In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding...more

Offit Kurman

How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure

Offit Kurman on

How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of...more

Winstead PC

[Webinar] HOA Law Live: Collections and Enforcement- The Legal Process - May 21st, 12:00 pm - 1:00 pm CST

Winstead PC on

This webinar provides guidance and considerations regarding the legal process upon turnover of collection and enforcement accounts, with a specific focus on lawsuits, including obtaining a judgment and post-judgment actions....more

JUSTICENTER

Diminished Value Claims in California: Recovering Losses After a Car Accident

JUSTICENTER on

If your vehicle has been in a car accident, that damage will likely appear in vehicle history reports. Most buyers today use these reports, such as CarFax, to learn more about how the vehicle was used and maintained by...more

JUSTICENTER

Common Accidents at Van Nuys Sherman Oaks Recreation Center

JUSTICENTER on

Van Nuys Sherman Oaks Recreation Center is a popular destination for families, athletes, and community members in the Encino area. With its sports fields, playgrounds, gym, and swimming pool, the center offers many...more

Winstead PC

Presentation: Fiduciary Litigation Update 2023-2024

Winstead PC on

At the Texas Bankers Association Annual Convention on April 24, 2025, David F. Johnson presented his paper “Fiduciary Litigation Update 2023-2024.” David addressed key topics, including the right to a jury trial in trust...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington Lawmakers Pass ‘Mini-WARN Act’ to Require Notice of Site Closings and Mass Reductions in Force

Washington is close to being the latest state to enact a “mini-WARN Act” that would require employers with fifty or more full-time employees to provide at least sixty days’ notice to the state, any union, and/or employees...more

Jackson Lewis P.C.

Increased Workplace Protections for Volunteer Emergency Service Providers in Montana

Jackson Lewis P.C. on

On April 16, 2025, Montana Governor signed into effect HB 128: An Act Protecting Volunteer Emergency Service Providers From Termination by a Public or Private Employer Under Certain Conditions; and Providing for a Legal Cause...more

Foley & Lardner LLP

Illinois Broadens Scope of Whistleblower Act, Strengthening Protections for Whistleblowers in the State

Foley & Lardner LLP on

The Illinois Whistleblower Act (the “Act”) provides protections to employees who make reports of certain fraudulent and illegal conduct occurring in their workplaces. In the past legislative session, the Illinois General...more

Foley & Lardner LLP

The Northern District of Illinois Endorses “But For” Causation Standard for AKS-Premised False Claims Act Cases

Foley & Lardner LLP on

A circuit split over the causation standard under the federal Anti-Kickback Statute (AKS) could grow wider after a recent Northern District of Illinois (NDIL) decision. In United States ex rel. Jeffrey Wilkerson & Larry...more

Baker Donelson

Recent CCPA Decision Portends Potential Expansion of Class Action Liability Exposure For Cookies, Pixels, and Tracking...

Baker Donelson on

Wild, wild, west?  Web tracking may be the new frontier in class action litigation. With thousands of lawsuits filed in California and increasingly in other states against organizations, including many who may not realize the...more

Carlton Fields

Florida Appeals Court Decisions Week of April 28 - May 2, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more

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