United States: Civil Law

When investors poured millions into an aircraft venture only to discover their brokers had diverted funds and concealed critical information, the path to recovery proved far more complex than simply proving fraud. This case reveals how commercial fraud often emerges not from elaborate schemes but from legitimate ventures under pressure, and why identifying all parties with potential liability—including seemingly innocent intermediaries—can mean the difference between a worthless judgment and act

Since the Florida Supreme Court’s decision in Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981), the case has served as a foundational precedent in the realm of civil discovery, particularly regarding expert witness disclosure and trial management.

A federal court dismissed a securities fraud class action against a digital technology services company and its officers, finding that plaintiffs failed to adequately plead actionable misstatements regarding AI capabilities, financial performance, and cost-cutting initiatives. The decision provides important guidance on distinguishing between forward-looking statements protected by safe harbor provisions, nonactionable puffery, and allegations that constitute impermissible fraud by hindsight.

Safeway faces a class action lawsuit over its rewards program pricing practices, with plaintiffs alleging that member-only prices advertised with 'Thru' dates mislead consumers into believing sales are time-limited when they actually continue indefinitely. After an initial dismissal, a federal court has now allowed the case to proceed on these deceptive advertising claims.

Errors in a recorded claim of lien, including inaccuracies in dates, party names or property descriptions, may render the lien unenforceable even if they do not actually prejudice third parties at filing, levy or otherwise.

A Florida federal judge denied class certification and dismissed a pixel tracking lawsuit against an online veterinary pharmacy, ruling that plaintiffs lacked Article III standing because they had no privacy interest in the information collected. The decision provides important insights for e-commerce companies navigating the complex landscape of third-party pixel tracking technology and federal and state wiretapping laws.

In Haverhill Stem LLC v. Jennings, defendants allegedly engaged in a campaign of demands and threats against a cannabis dispensary operator, leading to litigation over civil rights violations, unfair trade practices, and conspiracy. The case explores how a successful defense against Chapter 93A claims can eliminate related civil conspiracy claims that depend on unfair business practices as their predicate tort.

A federal court has granted a preliminary injunction blocking enforcement of California's SB 343, the "Truth in Recycling law," finding that portions of the statute are likely unconstitutionally vague and that it may infringe on First Amendment free speech rights. The ruling addresses claims by 18 trade associations that the law's restrictions on recyclability labeling could force companies to omit truthful information and potentially reduce recycling rates rather than improve them.

A federal bench trial examining Oregon's Extended Producer Responsibility program concluded with testimony on program administration feasibility and constitutional due process concerns.