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There is a growing trend of state laws prohibiting employers from banning firearms on employers’ property. These laws are otherwise known as “parking lot laws.” At the state level, more and more states appear prepared to...more
Last month, the Indiana Supreme Court unanimously upheld the Indiana Right to Work Law, rejecting a union’s claim that the state statute violates the Indiana Constitution. The Indiana Supreme Court’s decision comes roughly...more
Based on a surprising ruling by the Sixth Circuit Court of Appeals last month, the validity of state bans on same-sex marriage appears headed to the Supreme Court after all. In a 2-1 decision, the court upheld state laws...more
To date, the U.S. Supreme Court has declined to rule on the constitutionality of state laws banning same-sex marriage. Even in the U.S. Supreme Court’s landmark decision in U.S. v. Windsor, the U.S. Supreme Court left to the...more
On Tuesday, November 4, 2014, 59 percent of voters elected to ban the practice of hydraulic fracturing (“fracing”) in the city of Denton, which sits on top of the hydrocarbon-rich Barnett Shale. Although the ban does not...more
Yesterday afternoon, in DeBoer v. Snyder, the Sixth Circuit Court of Appeals issued an eagerly-awaited opinion, upholding laws in Ohio, Kentucky, Michigan, and Tennessee banning same-sex marriage. The court held that laws...more
You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans....more
Bids to require mandatory labeling of foods containing genetically modified organisms (GMO) were voted down in Colorado and Oregon on Tuesday. Colorado voters rejected Proposition 105, with nearly 70% of voters saying no;...more
Vijay v. Twentieth Century Fox Film Corp. -
USDC, C.D. California, October 27, 2014:
District court declines to find that preemption warrants dismissal of all claims brought by actor in “Titanic,” but grants...more
Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514...more
The week of September 22, the Fort Collins, Colorado, City Council voted to appeal a decision rendered last month that struck down the city’s fracking ban.
In that August 2014 decision, a Larimer County District Court...more
The Court of Appeal for the State of California, Fourth Appellate District in Solus Industrial Innovations, LLC v. Superior Court (2014) 229 Cal.App.4th 1291, held that a California district attorney cannot pursue civil...more
This is the wedding announcement to the world that our kind, smiling, infinitely patient IT person Ash is getting married. She and Amber have been together seven years and they had the wedding planned anyway, in San Diego,...more
Dryer v. National Football League - USDC, D. Minn., October 10, 2014:
District court grants summary judgment in favor of NFL and against former professional football players who claimed that NFL’s use of video footage...more
Although some have suggested that Robinson Township, et al. v. Commonwealth, a 2013 Pennsylvania Supreme Court ruling that struck down key provisions of a state law regulating the oil and gas industry, could impair...more
In a clash of competing sovereigns’ interests, the Second Circuit recently upheld, for now, the authority of the New York Department of Financial Services (DFS) to regulate online payday loans made by Indian tribal lenders to...more
On September 30, 2014, the Ninth Circuit affirmed the Northern District of California’s summary judgment that the Alameda Safe Drug Disposal Ordinance (the “Ordinance”) does not violate the dormant Commerce Clause of the...more
Brandon Coats was partially paralyzed in a car crash as a teenager, using a wheelchair, and has been a medical marijuana patient since 2010 when he discovered that using pot helped calm violent seizures and muscle spasms....more
Much of land use law involves questions over the breadth of local government powers.
Today, we're looking at a spat between two units of local government: a municipality and a school board. The decision in Gurba v....more
The Federal Employees Health Benefit Act (FEHBA) governs federal employee health plans and contains a broad preemption clause comparable to the one found in ERISA.1 Despite the similarity, state and federal courts are split...more
In this consolidated opinion concerning the validity of a forum selection bylaw, the Court of Chancery affirmatively answered, among other things, an issue of first impression: “whether the board of a Delaware corporation may...more
The City of Compton is being sued for its ordinance banning hydraulic fracturing, effective on April 22, 2014. (Western States Petroleum Association v. City of Compton, et al., Case No.BC552272.) Although Compton is not...more
The Commonwealth of Puerto Rico and the Puerto Rico Electric Power Authority (PREPA) yesterday filed separate motions to dismiss the federal court complaint filed last month by some PREPA bondholders seeking to invalidate the...more
California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims -
Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more
Under California’s non-judicial foreclosure statutes, a defaulting borrower cannot enjoin a lender’s initiation of foreclosure proceedings by asserting that the lender lacks standing. (Keshtgar v. U.S. Bank, N.A. (2014) 192...more
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