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Due Process › Statutory Violations

Troutman Pepper Locke

West Virginia’s Daniel’s Law Held Facially Unconstitutional

Troutman Pepper Locke on

The decision is the first to find a Daniel’s Law unconstitutional based on First Amendment grounds and could impact ongoing litigation against hundreds of companies challenging similar laws....more

Polsinelli

When Enough is Too Much: Constitutional Limitations on Extraordinary Statutory Damage Awards

Polsinelli on

Statutory schemes that create per-violation damage minimums can lead to devastating consequences when assessed in the aggregate. Where evidence of actual damages is lacking, judgments may be disproportionate to the harm and...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Farrell Fritz, P.C. on

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

UB Greensfelder LLP

The Seventh Amendment Right to Jury for Violations of the Commodity Exchange Act – Part II

UB Greensfelder LLP on

This is the second part of a two-part article discussing a defendant’s Seventh Amendment right to jury in an enforcement action by the Commodity Futures Trading Commission under the Commodity Exchange Act for civil monetary...more

UB Greensfelder LLP

The Seventh Amendment Right to Jury for Violations of the Commodity Exchange Act – Part I

UB Greensfelder LLP on

This is the first of a two-part article discussing a defendant’s Seventh Amendment right to jury in an enforcement action by the Commodity Futures Trading Commission under the Commodity Exchange Act for civil monetary...more

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