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But I Didn’t Mean To! U.S. Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment laws that...more

Public Employer May Not Retaliate Against Employee Based on Perception that He Engaged in Political Activity

On Tuesday the U.S. Supreme Court held that a public employee could sue his employer for retaliation where the employer demoted him for engaging in constitutionally-protected political activity, even though the employer was...more

Supreme Court: Government Employer’s Incorrect Belief About Employee’s Activity Matters in First Amendment Analysis

A government employer can violate an employee’s constitutional rights by acting based on incorrect information that, if true, would violate the U.S. Constitution, even though the employee was not actually exercising his or...more

Supreme Court Update: Bank Markazi V. Peterson (14-770) And Heffernan V. City Of Paterson (14-1280)

After the deluge of cases last week, the Court took a breather and issued only one decision this week. However, eagle-eyed Update aficionados may remember that we still owe you one decision from last week. With that in mind,...more

The Supreme Court – April 2016 #4

The Supreme Court of the United States issued a decision in one case on April 26, 2016: - Heffernan v. City of Paterson, No. 14-1280: Petitioner Jeffrey Heffernan was a police officer in Paterson, New Jersey. Heffernan...more

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

U.S. Supreme Court Holds States and Localities May Continue to Draw Voting Districts Based on Total Population

Total population, however, may not be the only standard upon which voting areas can be based - This week, the U.S. Supreme Court issued an important decision in Evenwel v. Abbott clarifying that state and local...more

The Supreme Court - April 2016

The Supreme Court of the United States issued decisions in two cases on April 4, 2016: - Evenwel v. Abbott, No. 14-940: In this legislative redistricting case, certain voters brought a challenge to the redistricting in...more

Federal Circuit Finds Personal Jurisdiction Based On Plans To Market ANDA Product

In Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., the Federal Circuit held that the filing of an Abbreviated New Drug Application (ANDA) and intentions to market the product across the United States–including in the...more

All 'Jiggery-Pokery' Aside: Justice Scalia's Impact on Employment Law

Allow me to be the palate cleanser to Mitch McConnell's shotgun-wedding-esque "memoir" to Justice Scalia. Barely an hour after the Supreme Court announced Scalia's death, McConnell briefly offered his condolences to Scalia's...more

Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred...more

Supreme Court Agrees to Review Major Immigration Case Just as the Presidential Election Heats Up

Immigration is already a major issue in this year’s presidential race, as candidates from both parties try to score political points out of the presence of roughly eleven million undocumented immigrants in the country and the...more

What Does 2016 Portend for Labor and Employment Law?

What is on the horizon for labor and employment policy in 2016, the last year of the Obama administration when the president will seek to cement his legacy, and a national election year when the White House and control of...more

New NC "Ag-Gag" Law Might Conflict with NLRB View of Concerted Activity Rights

North Carolina’s controversial new “Ag-Gag” Law took effect January 1. The bill was passed at the behest of state pork and poultry interests concerned over animal rights activists using employment as a cover to film...more

Supreme Court Update: Shapiro V. McManus (14-990) And Order List

While most of the Courtward attention this week was focused on oral arguments in Evenwel v. Abbott (14-940) and Fisher v. UT Austin (14-981), concerning "one person one vote" and affirmative action in college admissions,...more

Supreme Court Decides Shapiro v. McManus

On December 8, 2015, the Supreme Court of the United States decided Shapiro v. McManus, No. 14-990, holding that a three-judge district court must be convened to decide a First Amendment challenge to Maryland's 2011 redrawing...more

Will the Tennessee General Assembly Continue to tell the Judiciary to Put Up or Shut Up?

On October 26, 2015, the Tennessee Supreme Court returned the state’s summary judgment standard to normalcy and also gave the Tennessee General Assembly a little more room to invade the judiciary. In Rye v. Women’s Care...more

The Florida Legislature’s Need to Control – the Daubert Rule

This is in response to the article in the Daily Business Review, Opponents of New Expert Witness Rule Rely on Outdated Authority [COMMENTARY] by Christopher Johnson, Daily Business Review. This recent article claims that...more

Morgan Lewis Partner Suet-Fern Lee on the Rule of Law [Video]

Suet-Fern Lee, Managing Partner of Morgan Lewis's Singapore office, talks about the relationship between rule of law and economic progress....more

Pennsylvania Federal Court Strikes Down Ordinance Banning Disposal of Wastewater as Unconstitutional

In Pennsylvania General Energy Co. L.L.C. v. Grant Township, Magistrate Judge Susan P. Baxter of the United States District Court for the Western District of Pennsylvania, in an unpublished opinion, held that several...more

Federal District Court Strikes Down Law That Bans Ballot Selfies

The U.S. District Court for the District of New Hampshire recently struck down on First Amendment grounds a 2014 amendment to New Hampshire Revised Statute 659:35 that made it illegal for New Hampshire voters to post pictures...more

NLRB v. The Constitution: Constitution Wins

In early 1999, the Venetian Casino Resort in Las Vegas asked police officers to remove union protesters from a temporary walkway in front of the Venetian — a walkway the Venetian built on its property in exchange for the...more

Irrigation District Sues, Says State Board Lacks Jurisdiction to Curtail Senior Water Rights

On June 26, the Byron-Bethany Irrigation District (BBID) filed a petition for writ of mandate in Contra Costa County Superior Court requesting that the Court set aside the State Water Resources Control Board’s June 12, 2015...more

Catching-Up On House Judiciary Committee’s Revised Innovation Act

Recently the House Judiciary Committee voted 24-8 to approve a revised version of the Innovation Act. As we previously discussed, the Innovation Act was re-introduced in the House earlier this year in the same form approved...more

Supreme Court Decides Zivotofsky v. Kerry

On June 8, 2015, the U.S. Supreme Court decided Zivotofsky v. Kerry, No. 13-628, holding that the President of the United States has the exclusive power to grant formal recognition to a foreign sovereign. ...more

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