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Elections & Politics Civil Procedure

Read need-to-know updates, commentary, and analysis on Elections & Politics issues written by leading professionals.

New Administration Dismantles More Of Obama Arbitration Regulations

It was only a few weeks ago that this blog covered the reversal of the CMS regulation on arbitration in nursing homes. Now, the Trump Administration has altered course on two other issues of arbitration policy....more

Hong Kong Permits Third Party Funding of Arbitration

by Latham & Watkins LLP on

Hong Kong approved last week the awaited Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 to permit third party funding of arbitration, as well as supporting court, emergency arbitration and...more

Administrative Procedure Act Litigation: The Changing Regulatory Landscape, the Role of Industry, and Emerging Issues

by WilmerHale on

As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period of transition, litigation under the Administrative...more

Private Needle Exchange Programs Do Not Require Local Approval: Massachusetts Supreme Judicial Court Weighs In

Last week, in a case being watched locally and nationally, the Massachusetts Supreme Judicial Court (“SJC”) ruled that local government approval is not required for the operation of a private needle exchange program and that...more

Amendment Adds Clarity to Florida's Construction Statutes of Limitations and Repose

by Rumberger Kirk & Caldwell on

On June 14, 2017, Florida’s Governor signed into law House Bill 377, which seeks to provide clarity to when Florida’s construction statutes of limitations and repose begin to run. The existing version of the statute, §...more

The Supreme Court and President Trump Agree -- Nursing Homes Plaintiffs May Be Required to Arbitrate

by Melito & Adolfsen on

The Supreme Court and President Trump Agree -- Nursing Homes Plaintiffs May Be Required to Arbitrate - A provision in a contract providing for care of a resident in a nursing home may require the parties to arbitrate any...more

Fourth and Ninth Circuits Sink Trump Travel Ban as Prelude to High Court Review

by Genova Burns LLC on

In the most recent judicial setbacks to President Trump’s Executive Order earlier this year suspending the U.S. entry of aliens from six Muslim-majority countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen), reducing the...more

California Supreme Court Hands Victory to Private Property Owners Over Public Use

by Snell & Wilmer on

In 1970 the California Supreme Court held that, under certain circumstances, private property owners impliedly dedicate their property to the public if they permit the public to use it. Gion v. City of Santa Cruz (1970) 2...more

Ninth Circuit Partially Affirms Preliminary Injunction of the Travel Ban

On January 27, 2017, President Trump issued Executive Order 13769, entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States,” (EO1), which went into effect immediately. In EO1, the president invoked...more

9th Circuit Upholds Block on Trump’s Revised Travel Ban

by Cozen O'Connor on

On June 12, 2017, a unanimous three judge panel on the Ninth Circuit upheld a nationwide preliminary injunction on President Trump’s revised travel ban, in addition to blocking directives within the executive order suspending...more

Supreme Court Case Concerning President Trump’s Travel and Refugee Bans – Key Documents

by Hogan Lovells on

This page is intended to serve as a collection of documents related to State of Hawaii et al v. Trump as the case heads to the U.S. Supreme Court. Stay Application: Government’s application for a stay of the Hawaii district...more

Fla. justices reject keystones of partisans’ plan to undercut patients’ rights

As congressional Republicans pursue their counter factual campaign this week to strip patients of their rights to pursue legal redress for harms they suffer while seeking medical services, the Florida Supreme Court has sent a...more

Trump Administration Gives First Peek Into Its Arbitration Strategy

In a first indication of the Trump Administration’s stance on consumer arbitration, the Centers for Medicare & Medicaid Services (CMS) this week issued a new proposed rule that rolls back the Obama Administration’s...more

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

Friday News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. The ongoing saga of the President’s executive order to implement a travel ban...more

Defendant Companies Now Have the Right to Appeal North Carolina Class Certification Decisions Directly to NC Supreme Court

by Moore & Van Allen PLLC on

The North Carolina legislature recently passed H.B. 239, over Gubernatorial veto, which gives company defendants the right to appeal trial court decisions allowing class certification directly to the North Carolina Supreme...more

Fourth Circuit Rules Second Immigration Ban Likely Violates Establishment Clause

The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground...more

Multi-District Litigation Reform and the “Fairness in Class Action Act”

by Foley & Lardner LLP on

In addition to it taking a swipe at class actions, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017 (the “Fairness in Class Action Act”), would lead to multi-district litigation...more

Appeals Court Upholds Block on Trump’s Revised Travel Ban

by Cozen O'Connor on

On May 25, 2017, the 4th Circuit Court of Appeals upheld a ruling that blocked President Trump’s revised travel ban against six Muslim-majority countries. The first travel ban was issued in January, but that ban was also...more

Class Action Reform and the “Fairness in Class Action Act”

by Foley & Lardner LLP on

While the Congressional legislative agenda has taken a back seat in the headlines lately, the fact remains that there still is an agenda, and it includes class action reform....more

Supreme Court Decides Cooper v. Harris

by Faegre Baker Daniels on

On May 22, 2017, the U.S. Supreme Court decided Cooper v. Harris, No. 15-1262, holding that a three-judge district court panel did not err in concluding that race furnished the predominant rationale for North Carolina’s...more

Trump Administration Responds to Lawsuit Challenging “Two for One” Executive Order

by Williams Mullen on

Last month we discussed President Trump’s recent executive order entitled “Reducing Regulation and Controlling Regulatory Costs,” and the legal challenge that followed. The Order called for executive agencies to identify two...more

Diplomatic Community-May 2017

by Kelley Drye & Warren LLP on

Kelley Drye’s Diplomatic Community is our quarterly newsletter that provides updates on public international law developments with a focus on diplomatic legal issues, international organizations, the law of immunities and...more

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

by Nossaman LLP on

In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

Justice Gorsuch Likely To Have Significant Impact on Labor and Employment Cases Before the U.S. Supreme Court

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With Justice Neil Gorsuch joining the Supreme Court in April, and the apparent re-emergence of a 5-4 split, we expect to see the Court issue more expansive opinions and be less reticent to grant...more

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