News & Analysis as of

Constitutional Law Civil Procedure

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

The Supreme Court - June 26, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities...more

U.S. Supreme Court issues 5th Amendment Takings Claim Decision

by Saul Ewing LLP on

?On June 23, 2017, the U.S. Supreme Court issued a much-anticipated ruling in Murr v. Wisconsin, a takings case that may have important consequences for property owners owning multiple contiguous parcels. The Court held that...more

Where Can Your Company Be Sued? The Basics of Personal Jurisdiction

by Ward and Smith, P.A. on

On May 30, 2017, the United States Supreme Court issued an opinion in the case of BNSF Railway Co. v. Tyrrell. Among other things, the case analyzed and reaffirmed the grounds for a company to be sued other than in its home...more

Back to Wedding Cakes and DJs—5th Circuit Overturns Injunction against Mississippi Religious Freedom Law

Last week, the 5th Circuit Court of Appeals overturned a lower court’s injunction of the enactment of Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act” (HB 1523). As written about in a blog...more

Multi-State Class Actions After the Supreme Court’s Decision in Bristol-Myers Squibb Co. v. Superior Court

by Pierce Atwood LLP on

On June 19th, the Supreme Court issued a decision that could have important consequences for multi-state class actions. In Bristol-Myers Squibb Co. v. Superior Court, the Court addressed the question whether a California...more

Supreme Court Solidifies Specific Jurisdiction Analysis To Dismiss Product Claims Filed Against Non-Resident Defendant,...

by Cozen O'Connor on

Product manufacturers routinely hauled into court in far away, inconvenient jurisdictions can breathe a little easier with the Supreme Court’s decision this week in Bristol-Myers Squibb Co. v. Superior Court of...more

What Does This Mean For You?

by King & Spalding on

The Dreher case is significant and should be welcome news for defendants facing technical claims — often broad, putative class actions premised on allegations of hypothetical or informational injuries. The Fourth Circuit is...more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

SCOTUS Gets Social: Does the First Amendment Protect the Right to Post, Snap and Chat?

by Bryan Cave on

The U.S. Supreme Court has issued one of its first decisions addressing the relationship between the First Amendment and the Internet. In Packingham v. North Carolina, 582 U.S. ___ (June 19, 2017), the Court holds that a...more

SCOTUS Rejects Dueling Bright Line Tests to Identify Property at Issue in Regulatory Takings Cases

by Clark Hill PLC on

The Supreme Court of the United States applied a multi-factor test to rule that a regulation prohibiting construction on an undersized lot contiguous to a second lot under common ownership was not a taking. In the broadest...more

Are You Affiliated? The Supreme Court Further Limits Forum Shopping in the Mass Tort Context

by Sedgwick LLP on

Pardon the Jimi Hendrix allusion, but it seemed appropriate given yesterday’s Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (June 19, 2017), in which the California Supreme...more

Supreme Court Decides Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577

by Faegre Baker Daniels on

On June 26, 2017, the U.S. Supreme Court decided Trinity Lutheran Church of Columbia, Inc. v. Comer, holding that, when the government offers a public benefit to organizations that meet specified criteria, the Free Exercise...more

U.S. Supreme Court Issues Anti-Forum Shopping Jurisdictional Decision

As anticipated, the just-released U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court, No. 16-466, 2017 WL 2621322 (U.S. June 19, 2017), establishes an important limitation in the law of personal...more

Seventh Circuit Limits Ability to Moot Claims of Class Representative in the Wake of Campbell-Ewald

On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering all relief purportedly...more

Supreme Court Ruling Curtails Forum-Shopping

by Jackson Walker on

On Monday, the U.S. Supreme Court placed new limits on where lawsuits may be filed. In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16–466 (June 19, 2017), the justices, in an eight – one decision,...more

Supreme Court to Decide the Constitutionality of Inter Partes Review

In a move that could drastically change the patent law landscape, the United States Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, to answer the question...more

U.S. Supreme Court Reverses California’s Sliding Scale Approach to Specific Personal Jurisdiction

On June 19, 2017, in Bristol-Myers Squibb Co. v. Superior Court of California, the Supreme Court held, by a vote of 8 to 1, that California courts lack specific jurisdiction to entertain a nonresident’s claims that are...more

Supreme Court Ruling Promises To Reshape Major, Multiparty Litigation in Federal Court

In Bristol-Myers Squibb v. Superior Court of California, No. 16-466, slip op. (U.S., June 19, 2017), the United States Supreme Court provided further clarification regarding the exercise of personal jurisdiction over...more

Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions

Answering a question certified by the United States Court of Appeals for the Fifth Circuit, the Louisiana Supreme Court has ruled that the term “good faith,” as used in the whistleblower section of the Louisiana Environmental...more

Supreme Court Declares First Amendment Interest in Access to Social Networks

by Fenwick & West LLP on

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of...more

In a Series of Personal-Jurisdiction Cases, the Supreme Court Gives Businesses Tools Against Forum Shopping

by K&L Gates LLP on

The 2016–2017 U.S. Supreme Court term will be remembered for decisions on splashier subjects, but for the business community, the personal-jurisdiction decisions in BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v....more

Intellectual Property Newsletter - June 2017

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: the Supreme Court’s TC Heartland patent-venue decision, the constitutionality of inter...more

Update: Ban on Registering “Disparaging” Trademarks Unconstitutional

by Genova Burns LLC on

In a unanimous opinion based on differing rationale, the Supreme Court held that the federal prohibition on registering “disparaging” trademarks is unconstitutional. (Matal v. Tam, No. 15-1293)....more

Supreme Court strikes down Lanham Act's disparagement clause as unconstitutional

by Dentons on

In a landmark decision that will significantly impact those seeking to block or cancel trademarks they consider offensive, the U.S. Supreme Court has struck down the "disparagement clause" of the federal trademark...more

SCOTUS Overturns California's Extreme Expansion of Personal Jurisdiction for National Corporations

by Jones Day on

The United States Supreme Court has issued an important decision rejecting California's effort to assert personal jurisdiction over nonresident corporations and curtailing the plaintiff's bar's efforts at forum shopping....more

4,025 Results
|
View per page
Page: of 161
Cybersecurity

Follow Constitutional Law Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.