Due Process

News & Analysis as of

Fur Flies and West Hollywood (“WeHo”) Fur Ban Is Upheld By Federal Court

West Hollywood, California’s controversial law banning the sale of fur within city limits survived a legal challenge by a luxury retailer last month. A federal court dismissed the action brought by Mayfair House Inc., a...more

Ripples of Windsor: DOL Seeking to Expand the FMLA’s Definition of “Spouse”

Last June, the Supreme Court of the United States struck down Section 3 of the Defense of Marriage Act (“DOMA”) as unconstitutional in United States v. Windsor, 570 U.S. 12 (2013). The Supremes ruled that section 3 of DOMA...more

Low-Tech Proof In a High-Tech World: Northern District of California Denies Class Certification In Hulu Data Privacy Case

On June 16, the Northern District of California denied a motion for class certification in In re Hulu Privacy Litigation, No. C 11-03764 LB, ECF No. 111. The plaintiffs in that action alleged that Hulu violated the Video...more

Land Use Treats: Judicial Treatment of Landfills and Strip Clubs

It's the summer, and it's hot. It's been 90-plus all week in Raleigh and my phone tells me there is no chance of a cooling today or tonight. I thought we'd take this chance to dip into something a little different,...more

Illinois Supreme Court Rejects Due Process Challenge to Liquor License Revocation

When a liquor licensee’s former manager is convicted of conspiring to violate the federal Money Laundering Act, can the licensee be summarily stripped of its liquor license, based upon the criminal trial transcript, a...more

Court Refuses to Apply California or Texas Law to Putative Nationwide Class and Denies Renewed Motion for Class Certification

A California federal district court denied a renewed motion for certification of a nationwide class, holding that the application of California negligence and conversion law would violate the due process rights of...more

Due Process Rights of Employers and Class Action Defendants Upheld

The highly anticipated decision of the California Supreme Court in Duran v. U.S. Bank is a big win for employers and class action defendants. On Thursday, the Supreme Court in Duran affirmed the appellate court's decision in...more

Statistical Sampling in Class Action Trial Violated Defendant's Due Process Rights

In a unanimous decision, the California Supreme Court on May 29 reversed a class action verdict for a class which was based on a flawed statistical model to determine liability and damages. Duran v. U.S. Bank National...more

Duran v. U.S. Bank National: California Supreme Court Finds Class Certification Violated Due Process

The Supreme Court of California released its decision in Duran v. U.S. Bank National Association on May 29, 2014. The decision will likely reshape the landscape of class-action practice in California. ...more

U.S. Judge Strikes Down Same-Sex Marriage Ban in Pennsylvania

Today, a U.S. District Court in Pennsylvania nullified Pennsylvania’s Marriage Laws, holding that they violate the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution. If the ruling stands...more

Federal Judge Strikes Down Pennsylvania Same-Sex Marriage Ban

Earlier today, Harrisburg-based Federal District Court Judge John E. Jones, III, struck down Pennsylvania's ban on same-sex marriage. In this landmark ruling, Jones concluded that "same-sex couples who seek to marry in...more

Government Contracts Quarterly Update - May 2014

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice Group to inform our clients and friends of the latest developments in federal government contracting. In This...more

MoFo New York Tax Insights - Volume 5, Issue 5 - May 2014

In This Issue: - Two Combined Reporting Decisions Highlight Issues Involving “Permissive” Combined Reporting - New York State Corporate Tax Reform Legislation Enacted – What You Need to Know - Appellate Court...more

And the Tie Goes to … Due Process

Debtors must provide known creditors with actual notice of a claims bar date if they want the bar date to apply to those creditors. Such was the holding in In re Majorca Isles Master Association, Inc., Case No. 12-19056-AJC,...more

CERCLA’s Dark Pathways Around Due Process

Most people would assume that, when the United States takes action directly impacting an individual, constitutional due process would ensure that individual has an opportunity to test the government’s action in court. That...more

Argument Report: Illinois Supreme Court Appears Skeptical of Due Process Challenge to Liquor License Revocation

The Illinois Supreme Court appeared skeptical of a due process challenge to revocation of a liquor license during the recent oral argument in WISAM 1, d/b/a Sheridan Liquors v. Illinois Liquor Control Commission. ...more

New York Federal Court Takes Different Stance on Medical Staff Bylaws

On April 14, MedLaw Blog posted a comment about Villare v. Beebe Medical Center, a case in which a Delaware trial court granted summary judgment on the basis that the medical staff bylaws were held not to constitute a...more

State + Local Tax Insights -- Spring 2014

In This Issue: - Where’s Walden? Finding Protection under the Due Process Clause - Upcoming Speaking Engagements - CFCs and Subpart F Income in a California Water’s-Edge Election and What’s Wrong with the Apple...more

French Constitutional Court Rules on the “Florange” Law

Court upholds some of the law’s requirements but deems provisions on sanctions to be unconstitutional. The French Constitutional Court rendered an important decision on 27 March regarding the validity of the so-called...more

Round Two – Ground Rent Holders vs. Legislature – Goes to…

In a case decided February 26, 2014, State of Maryland v. Stanley Goldberg, et al., No. 8, September Term, 2013, the Maryland Court of Appeals found that legislation that replaced the remedy of ejectment with a...more

Gore Decided: Unitary Nexus Rejected; Economic Substance Test Clarified

Today, the Maryland Court of Appeals issued its highly anticipated decision in Gore Enterprise Holdings, Inc. v. Comptroller of the Treasury; Future Value, Inc. v. Comptroller of the Treasury. The court held that under the...more

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

High Court Deals Major Blow To Criminal Defendants

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when...more

Due for review? The Allstate Insurance Co. v. Jacobsen certiorari petition frames state-court class action due process debate for...

Almost three decades ago, the U.S. Supreme Court explained that state courts had to extend fundamental due process protections to absent class action members. Now, a new petition for certiorari review presents the Court with...more

Connecticut State Department of Education Due Process Hearing Decisions for the 2013 Calendar Year: A Summary

During 2013, the State Department of Education handled approximately 239 requests for due process hearings to resolve issues with student special education programs. Of those requests, only a small minority were resolved by a...more

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