Due Process

News & Analysis as of

Supreme Court Clarifies FAPE Standard in Endrew F. Case

For the first time in nearly 35 years, the Supreme Court of the United States has addressed the legal standard by which courts determine whether a school district has provided a student with a disability a “free appropriate...more

DELAYED: The FDA’s Intended Use Rule

The effective date of FDA’s Intended Use Rule has been extended until March 19, 2018. The comment period will remain open until May 19, 2017....more

Chinese Website Operator Dismissed from Copyright Infringement Suit in United States

D.C. District Court lacks personal jurisdiction over Chinese video hosting website, providing guidance for analyzing jurisdiction over foreign internet companies. US law governing whether a court has personal...more

Preserving Constitutional Issues: Three States, Three Cases, One Hard Lesson

Late last year, three states illustrated an important point about preserving constitutional law issues for appeal: always be on the lookout for constitutional law issues at the beginning of the case. ...more

Temple-Inland Decision Leads to Proposed Delaware Escheat Reform Legislation: Tax Update Volume 2017, Issue 2

The proposed reforms are a welcome change, specifically as they relate to lookback periods, electronic filing and limited compliance reviews. As a result of what some might view as a scathing decision by the U.S....more

Delaware Supreme Court Affirms $7 Million Sanction for Discovery Misconduct: eDiscovery Case Law

In Shawe v. Elting, Case No. 487, 2016 (Supreme Court of Delaware, Feb. 13, 2017), the Delaware Supreme Court found that the Court of Chancery followed the correct legal standards and made no errors of law in its sanctions...more

Supreme Court Update: Gloucester County School Board V. G.G. (16-273), Peña-Rodriguez V. Colorado (15-606), And Beckles V. United...

The Court kicked off the week with a flurry of activity in criminal cases, issuing a landmark Sixth Amendment ruling, another decision closing the door on vagueness challenges to the Sentencing Guidelines, a per curiam...more

Economists Must Respect Due Process Too! EU General Court annuls Commission decision blocking UPS/TNT merger

The judgment reinforces due process and transparency in EU merger control proceedings. The Court made clear that due process standards will be strictly enforced in merger cases, despite the relatively tight deadlines. The...more

Compliance Rules for Out-of-State Garnishments

A frequent bone of contention for employees/debtors has to do with the implementation of out-of-state garnishments. The employee often threatens to sue the employer claiming that an out-of-state garnishment is not valid...more

The Supreme Court - March, 2017

The Supreme Court of the United States issued decisions in three cases yesterday: Rippo v. Baker, No. 16-6316: Petitioner Michael Damon Rippo moved to disqualify the Nevada state judge who presided over his criminal...more

More on Missouri – What To Expect and Not To Expect After Dolan

This is a follow-up to our post last week on the Missouri Supreme Court’s momentous personal jurisdiction decision in State ex rel. Norfolk Southern Railway Co. v. Dolan, ___ S.W.3d ___, 2017 WL 770977 (Mo. Feb. 28, 2017)...more

Utah employee had no constitutional right to continued employment

Public employees who have a right to continued employ­ment enjoy constitutional due-process protections that run-of-the-mill at-will employees do not. How can a public employer know if one of its employees enjoys...more

Compelled Vocational Examinations of Injured Plaintiffs are Not Permitted in California

Defendants litigating against personal injury claims in California cannot compel injured plaintiffs to submit to a vocational rehabilitation examination—even if the plaintiff has retained his or her own vocational expert to...more

Title IX and Due Process: University Enrollment as Property Interest in DOE v. ALGER

Tuition-wise, public universities have long been considered a better option than private schools, and in Doe v. Alger, a federal court in Virginia held that public university tuition may bring an additional bonus, that being...more

Supreme Court Rules That Parents Need Not Exhaust IDEA Due Process Procedures for Non-FAPE Disability Discrimination Claims

On February 22, 2017, the Supreme Court of the United States issued its opinion in Fry v. Napoleon Community Schools, No. 15-487 (2017), which addressed the issue of when a parent who brings a claim against a school district...more

SCOTUS Service Dog Decision Could Spell Bad News For Schools

In a unanimous decision, the U.S. Supreme Court today ruled that a disabled child’s parents were not legally required to jump through certain additional hoops and exhaust administrative remedies in a service animal dispute...more

"Inside the Courts: An Update from Skadden Securities Litigators - February 2017 / Volume 9 / Issue 1"

We are pleased to present Inside the Courts (Volume 9, Issue 1), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more

RLUIPA Implications of Trump’s Immigration Executive Order

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more

Punitive Damages and an Essential Jury Instruction

In one of our recent posts we touched on punitive damages in the context of one of the Pinnacle Hip bellwether trials. In this post, we address another interesting aspect of punitive damages: whether they can be used to...more

President Trump Issues Executive Order Aimed at Reducing Regulation and Controlling Regulatory Costs

On January 30, 2017, President Trump issued Executive Order No. 13771, entitled “Reducing Regulation and Controlling Regulatory Costs.” A link to Executive Oder 13771 appears here. The Order provides...more

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

Nev. Supreme Court Holds HOA Foreclosure Statute Constitutional, Splits with Ninth Circuit

The Nevada Supreme Court has upheld the constitutionality of Nevada's pre-2015 statutory scheme for homeowners association (HOA) foreclosures. This decision contradicts the Ninth Circuit Court of Appeals' conclusion that the...more

Court Dismisses Claims Against Investment Firm For Lack Of Personal Jurisdiction

In Happy vs. Tanner, Tanner sued Retire Happy for breach of fiduciary duty, negligent misrepresentation, fraud, conversion, negligence, promissory estoppel, quantum meruit, and violation of the Texas Securities Act arising...more

Statute of Limitations and Collections Process Against Executrix and Agent for Estate Tax Deficiency

United States v. Holmes - 2016 WL 4363398 (SD Tex. Aug. 16, 2016) Summary - Summary judgment was sought by both the taxpayers and the Government for an estate tax liability. The taxpayers contended that the...more

What Does the President's Executive Order Blocking Foreign Nationals From Seven Countries Mean for Employment-Based Visas?

On January 27, 2017, President Trump signed an executive order (among others) titled: “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “Order”). The Order purports to “suspend entry” of both...more

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