United States: Civil Law

In 2025, ADA Title III lawsuits against private businesses surged to over 8,600 federal filings—more than triple the 2013 total. For businesses and defense counsel facing these claims, understanding the statutory framework, identifying key jurisdictional and substantive defenses, and developing a strategic response can mean the difference between a costly protracted battle and an efficient resolution that limits both remediation costs and attorney's fee exposure.

A California appellate court ruled that homeowners who built an unpermitted retaining wall encroaching on their neighbor's property cannot claim a prescriptive easement because the structure constitutes an abatable public nuisance. The decision reinforces that courts will not allow property rights to arise from code violations and unpermitted construction, even when maintained openly for years.

A growing circuit split is reshaping Section 230 immunity as federal courts diverge on whether algorithmic content recommendations constitute protected publisher conduct or a platform's own actionable expression. While the Fourth and Ninth Circuits maintain broad immunity for social media platforms, the Third Circuit's groundbreaking Anderson v. TikTok decision holds that algorithm-driven content curation may fall outside Section 230's protections, creating new liability exposure for platforms and opportuni

A bankruptcy court in New York conditionally granted a motion to dismiss fraudulent transfer claims, finding that the plaintiff's complaint failed to meet federal pleading standards. The decision examines the requirements for adequately pleading both federal and state fraudulent transfer claims in adversary proceedings.

Lawrence Kraus, a litigation partner in Foley's Boston office and leader of multiple practice groups, shares his journey from growing up in the Bronx to becoming a prominent litigator at a major law firm.

The Florida Legislature's 2023 effort to "clarify" the construction statute of limitations and statute of repose may have created a far bigger problem than anyone anticipated: Entire categories of construction projects are now missing from the statute altogether.

The False Claims Act’s qui tam provisions are among the federal government’s most important tools for identifying and pursuing alleged fraud involving Medicare, Medicaid, federal health care programs and other government funds. The statute permits a private individual, known as a relator, to bring a False Claims Act action “for the person and for the United States Government” in the name of the government.

The Mortgage Bankers Association has filed a federal lawsuit challenging New Jersey's disparate impact discrimination rules, arguing they lack constitutional safeguards and conflict with federal law. The complaint asserts the rules impose unrecoverable compliance costs on lenders and create operational burdens by requiring different policies across states.

Article I, section 10 of the Washington State Constitution guarantees Washington residents access to the courts. That right does not mean that a person has unlimited access.