United States: Civil Law

The Department of Justice has revised its Justice Manual to limit the use of non-binding agency guidance documents as a basis for False Claims Act liability and strengthen its framework for dismissing qui tam actions. These policy changes mark a return to principles from the first Trump administration, requiring prosecutors to base enforcement actions on violations of actual legal requirements rather than mere noncompliance with agency guidance...

A federal district court in Illinois has weighed in on a critical circuit split over bankruptcy's automatic stay termination in serial filing cases. When debtors file bankruptcy twice within one year, does the 30-day stay termination apply only to the debtor and their property, or does it extend to the entire bankruptcy estate? The Northern District of Illinois adopted the majority view while calling the statutory language a "textual dumpster fire" in need of congressional or Supreme Court intervention.

The U.S. Department of Justice has announced significant revisions to its Justice Manual affecting False Claims Act enforcement, particularly regarding the use of guidance documents in civil and criminal actions and the dismissal of qui tam lawsuits. These changes reinstate 2017 policies while adding substantial new detail about when and how DOJ may rely on sub-regulatory guidance in enforcement proceedings, and signal a potentially more active approach to evaluating whether private whistleblower actions

A Florida federal court has challenged a longstanding assumption in TCPA litigation by ruling that cellular telephone subscribers may not qualify as "residential telephone subscribers" under the National Do-Not-Call list provisions. This decision potentially provides businesses with a powerful new defense against DNC List-based lawsuits, fundamentally questioning whether the FCC exceeded its authority when it presumed wireless subscribers on the DNC List to be residential subscribers.

Proximate cause stands as a cornerstone concept in legal proceedings, determining whether a defendant's actions are sufficiently direct to justify liability. This principle requires attorneys to navigate complex...

New York's outdated evidence rules make it nearly impossible for child sexual abuse survivors to prove their cases in court. By requiring prior consistent statements to predate a "motive to lie" and limiting their use only when explicit accusations of dishonesty arise, the state's legal framework contradicts modern understanding of trauma disclosure. Could adopting federal evidence standards finally give survivors a fair chance at justice?

A federal judge in New York has struck down the state's climate superfund law, finding it preempted by federal Clean Air Act authority. The ruling raises critical questions about whether states can impose liability on energy companies for climate change impacts, or if such matters fall exclusively within federal jurisdiction. With the Supreme Court set to hear a related case, this decision may signal broader implications for climate litigation nationwide.

A federal court in North Carolina has ruled that text messages do not fall under the Telephone Consumer Protection Act's private right of action for violations of the national do-not-call registry. This decision adds to a growing circuit split on whether Section 227(c)(5) of the TCPA covers text messages, with courts now divided across multiple federal circuits on this critical interpretation.

A federal judge has invalidated the U.S. Department of State's nationality-based policy suspending immigrant visa issuance for nationals of 75 countries. The ruling in CLINIC v. Rubio requires the government to return to individualized adjudication under U.S. immigration law, though it does not eliminate existing travel restrictions or guarantee visa issuance.