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Due Process Corporate Counsel

Goldberg Segalla

Toxic Reach: Illinois Expands Jurisdiction Over Foreign Corporations in Toxic Tort Suits

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This potential expansion of general jurisdiction in Illinois applies only for actions that allege injury or illness resulting from exposure to a toxic substance as defined under the Uniform Hazardous Substances Act of...more

Seyfarth Shaw LLP

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

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Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more

Bricker Graydon LLP

Labor and Employment Cases in the 2024/2025 Supreme Court Term

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The Supreme Court of the United States opened up the new term on October 7, 2024. The Court is currently slated to address 40 cases this term. Oral arguments will be heard for nine cases in October and an additional seven in...more

Fisher Phillips

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

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The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

Jones Day

Eighth Circuit Holds Penalties in Non-Intervened FCA Case Violate Excessive Fines Clause

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The Situation: The False Claims Act ("FCA") imposes treble damages on defendants, as well as mandatory penalties per false claim. Because alleged false claims often involve much smaller amounts—for example, in cases with a...more

Husch Blackwell LLP

Wash. Federal Judge Pokes Hole in New Wave of Vaccine Mandate Challenges

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In response to the COVID-19 pandemic, pharmaceutical companies like Pfizer worked diligently to develop safe and effective vaccines. Following the FDA’s approval of these vaccines, many state governments and private...more

Miller Canfield

Getting Sued in All the Wrong Places: Supreme Court Opens Door to Suits in Unrelated States

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Let’s say that your company is incorporated in Michigan, headquartered in Michigan, and does business there and in a dozen other states. One of your customers in Texas claims the products it purchased from you and that you...more

MG+M The Law Firm

Mallory v. Norfolk: One Decision to Potentially Overturn Them All

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The Mallory v. Norfolk case—currently pending before the US Supreme Court—could potentially overturn recent rulings on issues related to personal jurisdiction and impact many businesses across the country....more

Jackson Walker

Major Case Alert: Is the Fifth Circuit About to Transform How Courts Apply Sentencing Guidelines?

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On January 24, 2023, the United States Court of Appeals for the Fifth Circuit will sit en banc to decide how much deference courts should give commentary to the U.S. Sentencing Guidelines. The full Court will do so in the...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Shrinks Venue Loophole for Foreign Defendants

On January 9, in In re: Stingray IP Solutions, LLC, the Federal Circuit vacated a transfer order issued by the Eastern District of Texas, thereby limiting a foreign defendant’s ability to negate venue in one court simply by...more

Fisher Phillips

Congress Passes Landmark Bill Protecting Same-Sex Marriage: Key Takeaways for Employers

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In a historic move, both chambers of Congress have approved legislation protecting the right of same-sex couples to get married, and President Biden is expected to quickly sign the bill into law. The U.S. House of...more

Ballard Spahr LLP

Ninth Circuit puts new limits on aggregate statutory awards following remand of nearly $1 billion TCPA judgment

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In Wakefield v. ViSalus, Inc., the Ninth Circuit considered whether a jury verdict of $925,200,000 for cumulative statutory damages under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) was constitutional in...more

Morrison & Foerster LLP

Cost Of Doing Business? Supreme Court Scrutinizes Constitutionality Of Requiring Companies To Consent To General Personal...

In an important case that could blow the doors open on personal jurisdiction so that corporations can be subject to suit anywhere they do business, the Supreme Court heard oral argument on Tuesday. In Mallory v. Norfolk...more

Venable LLP

Ninth Circuit Rules That TCPA Aggregated Statutory Damages Might Be Unconstitutionally Punitive

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​​​​​​​For those embroiled in Telephone Consumer Protection Act (TCPA) class action litigation, the sum of the damages may not necessarily equal the whole. In Wakefield v. ViSalus, Inc., the plaintiff and certified...more

Littler

California Court Holds Defendants in Workplace Violence Restraining Order Petitions Have a Due Process Right to Cross-Examine...

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On October 17, 2022, in an issue of first impression at the appellate level, California’s Court of Appeals (First District) published an opinion clarifying that a defendant in a petition for restraining order under...more

Foley & Lardner LLP

Pulp Fiction: The “Food Court” Squeezes Statutory Damages Request by Class of Defrauded “Joint Juice” Health Supplement Buyers

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Joint Juice, according to its labelling and advertising, promoted “healthy and happy,” if not pain free, joints. A jury apparently thought it was closer to snake oil, finding the product’s marketing false, misleading, and...more

Mintz - Employment Viewpoints

Managing State Law Risks of Employer-Sponsored Abortion-Related Travel Benefits Post-Dobbs

In previous posts (available here and here) we reported on some of the legal consequences from Dobbs v. Jackson Women’s Health Organization on employer-sponsored group health plan coverage of abortion-related travel benefits....more

White & Case LLP

EU General Court quashes Qualcomm antitrust fine for "exclusivity payments", and censures the EU Commission for multiple due...

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The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v Commission1 is the first...more

Sullivan & Worcester

A Case Study of BP P.L.C. v. Mayor & City Council of Baltimore and Its Potential Impact on Other Climate Lawsuits

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Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...more

Venable LLP

Judge Tells FTC That It Can’t Have Its Part III and Eat It, Too

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I’ve never really understood the saying “You can’t have your cake and eat it, too,” but I was reminded of it when I read U.S. District Judge Amy Totenberg’s opinion rejecting the FTC’s efforts to stay or voluntarily dismiss...more

Lowenstein Sandler LLP

District Court Imposes Limits on the Extraterritorial Reach of the Foreign Corrupt Practices Act and the Money Laundering Control...

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In a rare court-room victory for a Foreign Corrupt Practices Act (FCPA)1 defendant, on November 10, 2021, the United States District Court for the Southern District of Texas dismissed a three-count indictment against Daisy...more

Fitch, Even, Tabin & Flannery LLP

PTAB’s Structure and Funding Pass Due Process Muster

On October 13, in Mobility Workx v. Unified Patents, LLC, the Federal Circuit rejected a series of due process challenges to the structure of the Patent Trial and Appeal Board (PTAB), leaving the PTAB to continue with...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

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In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

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

Sixth Circuit Limits Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior...more

Tucker Arensberg, P.C.

A Recent Case Highlights Equal Protections In The American Rescue Plan Act

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A case from the United States Court of Appeals for the Sixth Circuit highlights that, even in times of crisis like the COVID-19 pandemic, prioritizing federal grant money based on race and gender will likely violate the equal...more

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