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Constitutional Law Updates

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

An early Halloween trick for Connecticut's public-sector labor unions: Will Janus V. AFSCME, Co. 31 be the end of the agency shop?

Did Halloween come early this year? Well it just may have for Connecticut’s public-sector unions. On September 28th, the United States Supreme Court granted certiorari in Janus v. American Federation of State, County, and...more

Florida’s Minimum Wage to Increase on January 1, 2018

Florida voters approved a constitutional amendment that created Florida’s minimum wage in November of 2004. The minimum wage applies to all employees in the state covered by the federal minimum wage....more

CAS Legal Mailbag Question of the Week – October, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I tried to get a police dog into my school on the morning of an overnight, out-of-state field trip so that the dog could sniff student luggage before putting the bags on the buses. I felt the need to do...more

End and refund of the French 3% tax on distributions

by White & Case LLP on

The French Constitutional Court rules that the 3% contribution on distributions is unconstitutional - On 6 October, 2017, the French Constitutional Court, in its decision (n°2017-660 QPC), held that the 3% contribution on...more

Sovereign Immunity and Inter Partes Review

by Knobbe Martens on

Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction over states in suits brought by private...more

Patents for Billion Dollar Restasis Drug Under Siege

Using an innovative strategy, pharmaceutical company Allergan recently transferred the patents associated with the eye drug, Restasis, to the Saint Regis Mohawk Tribe, in exchange for an exclusive license back. The tribe...more

Courts Appear to Be Losing Patience with ACA Int’l Stay Requests as One-Year Anniversary Looms

by Dorsey & Whitney LLP on

It is hard to believe, but this coming Thursday will mark the one-year anniversary of the oral argument in the big ACA, Int’l appeal of the FCC’s Omnibus Telephone Consumer Protection Act (“TCPA”) ruling. For the...more

UPC and Germany: Status update - Constitutional complaint, ratification timeline and more

by Hogan Lovells on

The constitutional complaint against the UPC ratification that was lodged with the Federal Constitutional Court in Germany earlier this year has received a lot of attention over the past few months as it could have the...more

Texas Court of Appeals Reverses T.G.I. Friday’s Label Decision

by McDermott Will & Emery on

On Friday, October 13, 2017, a Texas Court of Appeals handed down the long-awaited decision in Texas Alcoholic Beverage Commission v. Mark Anthony Brewing, Inc., No. 03-16-00039-CV. The case involves Texas’ ban on...more

Illinois Supreme Court Grants Petition to Appeal Ruling on Constitutionality of Illinois Hospitals’ Property Tax Exemption Law

by Hinshaw & Culbertson LLP on

Illinois hospitals continue to face uncertainty regarding the law under which they may seek exemption from property taxes. As reported in our March 30, 2017, Health Law Alert, the Illinois Supreme Court declined to rule on...more

Ballot “Selfies” in New Jersey: Can You Instagram Your Vote?

by Blank Rome LLP on

Each November, Instagram, Facebook, and Twitter are full of celebrities and friends posting pictures of their ballots at their local polling places. In this age of social media, many users share “selfies” of themselves...more

Plaintiffs Survive Standing-Based Challenge to California Senior Notice and Financial Elder Abuse Claims

by Carlton Fields on

In California, actions predicated on alleged senior notice requirement violations and financial elder abuse continue to challenge life insurers. For example, in June, a California federal district court denied the insurer’s...more

Food & Beverage Litigation Update | October 2017 #2

by Shook, Hardy & Bacon L.L.P. on

Chicago Repeals SSB Tax After Two Months of Enforcement - Chicago officials have voted to repeal a sugar-sweetened beverage (SSB) tax approved in November 2016 by the Cook County Board of Commissioners but delayed by a...more

Free Speech at Work: It Is Not What You Think It Is

On Wednesday, Tampa Bay Buccaneers defensive lineman Gerald McCoy made a comment about the ongoing National Anthem issue. McCoy stated: “I think it’s gonna be an uproar if that is to happen because you’re basically taking...more

Business Groups File Federal Lawsuit to Challenge CFPB Arbitration Rule

by Foley & Lardner LLP on

On September 29, 2017, the U.S. Chamber of Commerce, the Texas Association of Business, and various other national and Texas statewide business organizations and trade groups (together, Plaintiffs) filed a federal lawsuit in...more

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

When Condemnation Actions Go Wrong

by Nossaman LLP on

In the vast majority of cases, when a public agency exercises eminent domain, the only issue in dispute is the amount of just compensation the agency must pay for the property being acquired. Even in situations where a...more

You are Contacted by an IRS Criminal Investigator: What Do You Do? Defending an IRS Criminal Investigation (Part 11)

by McNair Law Firm, P.A. on

The IRS investigates criminal violations of federal tax laws, including tax evasion, tax fraud, and not filing tax returns. Many people do not realize that simply not filing a tax return when it is due is a crime under...more

Standard Of Review Is Clear For Administrative Interpretations Of Statutes And Rules

by Allen Matkins on

A few days ago, I noted the Court of Appeal’s opinion in Davis Test Only Smog Testing v. Dept. of Consumer Affairs, 2017 Cal. App. LEXIS 855. That post concerned the Court’s holding that the plaintiffs’ due process rights...more

All Rise (or Not)! A Flag, The National Anthem & Connecticut Law

by Shipman & Goodwin LLP on

“Joe, in response to all this NFL stuff, we want you to display U.S. flags at your workstation.” “No.” “Well, then you’re fired.”...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Measure Introduced In The House To Restrict Internet Surveillance Of Americans

by King & Spalding on

On October 6 a bipartisan group of lawmakers from the House Judiciary Committee unveiled the USA Liberty Act (H.R. 3989), which seeks to reform and reauthorize Section 702 of the Foreign Intelligence Surveillance Act. Section...more

Dealing with Competing Class Actions, Part One – Race to Judgment and First-to-File Rule

Multiple actions involving the same subject matter and the same defendant are a common feature of the U.S. class action landscape. In this series of blog posts, we’ll examine the problem of competing class actions, which...more

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

by Jaburg Wilk on

On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more

CAS Legal Mailbag Question of the Week - October, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I hope that you can help me out of a jam. Last week, during an otherwise uneventful day, a crowd gathered at the middle school where I am principal. Originally published in the CAS Weekly Newsletter...more

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