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Supreme Court of Pennsylvania Holds That Individuals Have A Constitutional Right To Privacy In Their Home Addresses And Other...

Pennsylvania State Education Association v. Commonwealth, 2016 Pa. LEXIS 2337, 2016 WL 6087684, (Pa. Oct. 18, 2016) (“PSEA”). The Supreme Court of Pennsylvania recently held that individuals have a constitutional right to...more

Petition for writ of certiorari filed in case asserting recess appointment defense to CFPB enforcement action

Since it was filed in a California federal court in July 2012, we have been following CFPB v. Chance Edward Gordon, a case in which the CFPB alleged that an attorney duped consumers by falsely promising loan modifications in...more

Bourne Valley Redux

The dispute between lenders and the purchasers at homeowners’ association foreclosure sale regarding superiority of title has embroiled the State of Nevada since at least as early as 2012. Since the issue rose in volume and...more

Class Action Report - October 2016

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more

Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to pursue injunctive relief, and granted summary judgment for defendant...more

Ninth Circuit Denies Motion to Dismiss and Motion to Stay Publication of Decision Holding Nevada HOA Super-Priority Lien Statute...

As we have previously covered in a series of blog posts, the Nevada Supreme Court held in September 2014 that Nevada Revised Statute chapter 116 allows homeowners’ associations (HOAs) to non-judicially foreclose on homeowners...more

Courts Split on Standing Issues in FCRA Suits After Spokeo

On October 5, 2016, two district courts came to opposite conclusions on whether putative class action plaintiffs had standing to bring claims based on prospective employers’ failure to comply with Fair Credit Reporting Act...more

Copyright and Trademark Case Review: The Slants, The Sims and SCAR Rifles

Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies Washington Redskins' Petition to Join Proceedings - Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies...more

Electronic Frontier Foundation brings suit over anti-circumvention provisions in the DMCA

On July 21, 2016, the Electronic Frontier Foundation ("EFF") filed a complaint against various agencies and members of the U.S. government over Section 1201 of the Digital Millennium Copyright Act ("DMCA"), arguing that this...more

Quicksands and Cutting Edges of the Law: Do Municipal Utility Customers possess Due Process and Vested Rights to Continued...

Sometimes, I read a court’s opinion and put it aside because it is thought provoking beyond its facts and outcome. The case of United States Cold Storage, Inc. v. Town of Warsaw, __ N.C. App. ___, 784 S.E. 2d 575 (April 5,...more

Property Tax and Valuation TOPICS: Fall 2016

October 1, 2016 Revaluations: If/When/How to Challenge Your Real Estate Property Assessment - Connecticut municipalities are required to carry out a general revaluation of all real estate within their boundaries at least...more

Landmarking designation is alleged to violate RLUIPA

A brewing dispute in Yonkers, NY has led the Islamic Community Center for Mid Westchester (ICCMW) to allege that Yonkers violated ICCMW’s rights under RLUIPA, and the First and Fourteenth Amendments of the United States...more

Two Lawsuits Hope to Put the Brakes on Overtime Rule Changes

With a December 1 deadline looming, millions of employers across the country are scrambling to implement new compensation and classification practices in response to the U.S. Department of Labor’s (DOL) new overtime rule,...more

Texas Fiduciary Litigation Update: 2015-2016

The fiduciary field in Texas is a constantly changing area. Over time, statutes change, and Texas courts interpret those statutes, the common law, and parties’ documents differently. This paper is intended to give an update...more

Supreme Court Corner: Q3 2016

CASES WE ARE WATCHING - Lee v. Tam TRADEMARK – Cert. Pending Pro-Football, Inc. v. Amanda Blackhorse, et al. TRADEMARK – Cert. Pending ISSUE: Whether the Lanham Act’s disparagement clause violates the...more

John Edwards argues before the Texas Supreme Court on important libel case that started in 2003

Houston partner John K. Edwards recently argued before the Texas Supreme Court on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County...more

Ocean, NJ ordered to allow Yeshiva boarding school

In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...more

Cruise Ships Miss the Boat on TCPA Compliance to the Tune of Up to $76 Million

With a trial looming like storm clouds on the horizon, several cruise ship companies and their affiliated travel agencies settled a “robocall” Telephone Consumer Protection Act (TCPA) class action up to $76 million. The...more

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more

Arizona Sheriff’s Criminal Contempt Charge Reinforces Importance of Compliance with Civil Orders

President Andrew Jackson is reported (likely inaccurately) to have flaunted a Supreme Court decision by retorting, “John Marshall has made his decision; now let him enforce it!” Any litigant who has been on the receiving end...more

Torts –Civil Rights – “Bright Line” Rule on Standing

Rebecca Osborne v. Bruce Yasmeh, et al. - Court of Appeal, Second Appellate District (July 28, 2016) - In California, two overlapping laws, the Unruh Civil Rights Act (Civil Code § 51) and the Disabled Persons Act...more

D.C. Circuit Tosses Consumer Complaint Following Spokeo

On July 26, 2016, the D.C. Circuit rejected a consumer class action complaint based on alleged violations of two D.C. consumer protection statutes. Citing the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, No....more

Spokeo Can't Help Bank Avoid $6.2M Settlement

Invoking the recent U.S. Supreme Court decision in Spokeo v. Robins, a federal court in New York held that a bank remained on the hook for a $6.2 million class action settlement. What happened - Plaintiffs were...more

Questioning 2nd Circ. Analysis in Aluminum Antitrust Case

In a painstaking dissection of the “inextricably intertwined” standard often used by courts to determine whether plaintiffs can show they suffered “antitrust injury” if they neither purchased from, nor competed with, a...more

A Distinction without a Difference

On April 8, 2016, we posted a blog regarding the case of Quality Built Homes, Inc. v. Town of Carthage, ___N.C. App. ___, 766 S.E. 2d 897 (2015)(unpublished). In this case, the Court of Appeals had held that the Town of...more

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