United States: Civil Law

The Mississippi Supreme Court has clarified what information contractors must include when filing construction liens to make them legally enforceable. A recent ruling demonstrates that simply attaching invoices without clearly identifying the last date work was performed fails to meet statutory requirements, potentially invalidating liens worth millions of dollars.

Massachusetts Attorney General Andrea Joy Campbell secured a consent judgment permanently barring three Avon-based debt collection companies and their owner from operating in the Commonwealth, providing over $52 million in debt relief to approximately 6,000 consumers. The settlement resolves allegations of unfair and deceptive practices including seizing exempt vehicles, misrepresenting creditor identities, and collecting time-barred debts...

The Eastern District of Missouri has ruled that cellphones are not covered under the TCPA's Do Not Call provisions, marking a significant departure from the majority rule. Following Florida's recent similar decision, the court determined that Congress intentionally excluded cellphones from residential telephone subscriber protections, challenging decades of FCC interpretation in the post-Loper Bright era.

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

On April 6, 2026, the same day that the Colorado Supreme Court issued its decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, Governor Jared Polis signed Senate Bill 26-074 into law. The legislation, which took effect on August 12, 2026, clarifies the amounts that may be included in mechanic’s liens and public construction payment claims, as well as the circumstances under which those claims may be considered excessive.

A federal court in Idaho has allowed an ATDS claim to proceed to discovery despite the heightened pleading standards post-Facebook v. Duguid, finding that allegations of repetitive SMS messages and online consumer complaints were sufficient to infer automated dialing equipment usage. The decision also permits treble damages claims to advance, marking another unusual loss for BigLaw firms in TCPA litigation where defendants typically prevail at the pleadings stage.

A federal court in Florida has issued a groundbreaking ruling that cell phones do not qualify as residential lines under the TCPA's Do Not Call provisions, potentially reshaping how businesses approach telemarketing compliance. The decision, authored by Judge Aileen M. Cannon, challenges the FCC's authority to extend DNC protections to wireless subscribers and represents a significant departure from established precedent. Will other courts follow this controversial interpretation that could fundamentally al

A recent New York Court of Appeals decision demonstrates the strict consequences of failing to file a timely notice of claim under CPLR 9802 when pursuing contractual claims against incorporated villages. The case examines whether a village can assert this statutory defense after engaging in extensive litigation, and explores the narrow circumstances under which equitable estoppel might prevent enforcement of the notice requirement.

On September 3, a national mortgage trade association filed a lawsuit in the U.S. District Court for the District of New Jersey challenging the state’s disparate impact rules under the New Jersey Law Against Discrimination. The complaint alleges that the rules violate the Equal Protection Clause if the Fourteenth Amendment and are preempted by the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA).