Civil Remedies Constitutional Law

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The Curious Evolution of the Executive Order

On January 27, 2017, barely a week into office, President Donald J. Trump issued Executive Order 13769 for the stated purpose of “Protecting the Nation from Foreign Terrorist Entry into the United States.” Both vigorously...more

Opposition to Travel Ban EO Includes Tech Firms and Others

After oral arguments on February 9th, the Ninth Circuit denied the government’s request to reinstate the travel ban EO. State of Washington v. Trump. More than 135,000 people listened to the Ninth Circuit oral argument,...more

Post-‘Spokeo’ Standing for Consumer Class Actions a Struggle

Federal courts have varied widely in their interpretation of standing for plaintiffs in consumer protection class actions since last year’s U.S. Supreme Court decision in Spokeo v. Robins , __ U.S. __, 136 S.Ct. 1540 (May 16,...more

Federal Appeals Court Upholds Halt on Trump Administration's Travel Ban

Seyfarth Synopsis: A three-judge panel in the Ninth Circuit Court of Appeals ruled against the Trump administration’s motion to reinstate the travel ban. Late on Thursday, February 9, the Ninth Circuit panel voted to...more

UPDATE: Trump's Immigration Executive Order, Refused by Ninth Circuit Court of Appeals

Late yesterday, the Ninth Circuit Court of Appeals refused to reinstate President Donald Trump’s immigration Executive Order (Order) which suspended the entry of aliens from seven countries into the United States for 90 days....more

Court Deals Setback to Trump's Immigration Policy

A federal appeals court on Thursday, February 9 unanimously ruled against President Trump’s controversial “travel ban” Executive Order that attempted to bar foreign nationals from a list of seven countries from entering the...more

Ninth Circuit Upholds Temporary Block on Travel Ban

On February 9, 2017, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) unanimously upheld the temporary restraining order that halted the federal government ban on issuance of visas to, and entry of,...more

Ninth Circuit Denies Government’s Motion to Stay District Court’s Order Blocking Travel Ban

In a unanimous opinion, a three-judge panel in the Ninth Circuit Court of Appeals upheld the stay of President Trump’s travel ban. The Court found in favor of the State of Washington on all of its arguments and held that the...more

Trump's Immigration Executive Order - Are We Back to Where We Started?

If you are confused about what is happening with President Donald Trump’s immigration Executive Order (Order), then you are not alone. PAST – What exactly is the Order? Trump signed the Order on January 27, 2017,...more

Temporary Restraining Order Halts Trump Administration Executive Order of January 27, 2017

As has been widely reported, on Friday, February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order impacting the Trump Administration Executive Order issued...more

Analyzing President Trump's Executive Order on Immigration - What it means for you, your business and your employees

On Friday, January 27, 2017, President Donald Trump issued an executive order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” that significantly changes U.S. immigration policy for at...more

New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases

As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is...more

"2016-17 Supreme Court Update"

In a season of political surprises, the eight-member U.S. Supreme Court has stirred no controversy with its decisions so far this term. The handful of opinions the Court released in the fall were unanimous and, for the most...more

Statute of Limitations and Collections Process Against Executrix and Agent for Estate Tax Deficiency

United States v. Holmes - 2016 WL 4363398 (SD Tex. Aug. 16, 2016) Summary - Summary judgment was sought by both the taxpayers and the Government for an estate tax liability. The taxpayers contended that the...more

Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend...more

FDA Off-Label Promotion Memo Should Affect §510k Preemption & Evidence

Remember how Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), dismissed the §510k “substantially equivalence” medical device clearance as non-preemptive because it was supposedly “focused on equivalence, not safety”? Id. at...more

Texas Legislative Outlook

It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more

Supreme Court Update: Lightfoot V. Cendant Mortgage Corp. (14-1055)

Greetings, Court Fans! For those of you who spent the last six months (since cert was granted in Lightfoot v. Cendant Mortgage Corp. (No. 14-1055)) just dying to know whether the sue-and-be-sued clause in Fannie Mae's...more

This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

Delayed Enforcement of New York Donor Disclosure Requirements for 501(c)(3) Organizations

A federal court development has delayed enforcement of the recently enacted New York State legislation (described in our prior blog post) requiring 501(c)(3) organizations to publicly disclose the identities of certain donors...more

Foreclosures – Enforcement of Judgments – Equitable Redemption

Yung-Shen Steven Lee v. Howard Rich - Court of Appeal, Fourth Appellate District (November 30, 2016) - In 1982, the California Legislature enacted the Enforcement of Judgments Law (“EJL”), Code of Civil Procedure...more

Policing Social Media Policies

Police officers in Petersburg had a First Amendment right to post to Facebook their complaints about their police department. A department policy limiting social media postings was unconstitutional. So held the U.S. Court...more

‘Standing Outside the Fire?’ D.C. Circuit Puts Off Question on House’s Standing to Sue Over ACA Subsidies—For Now

We will have to wait at least a bit longer—and perhaps indefinitely—to learn whether a striking ruling that members of Congress have standing to sue the executive branch over the funding of Affordable Care Act (ACA) subsidies...more

Copyright and Trademark Case Review: John Madden Football, Rhett Butler and the Commerce Clause

Copyright Opinions - Absence of Source Code for Video Games Results in JMOL of Non-Infringement: Antonick v. Electronic Arts, Inc., No. 14-15298 (9th Cir. Nov. 22, 2016). Hurwitz, J. In a suit for royalties on EA's...more

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