Due Process

News & Analysis as of

Supreme Court Decision on Same-Sex Marriage Expected this Summer

The U.S. Supreme Court recently announced it will rule on the legality of same-sex marriage and issue what is expected to be a historic decision with a widespread impact on American culture. Consolidating appeals from four...more

In Need of a Tune Up: Wisconsin’s Court of Appeals Considers Personal Jurisdiction in the Internet Age

Last year, we wrote about the Seventh Circuit’s interpretation of the emerging issue of personal jurisdiction in the context of internet activity. Courts understandably have been wary of subjecting businesses to broad...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

Second Circuit Revives Medicare Beneficiaries’ Observation Status Suit

On January 22, 2015, the U.S. Court of Appeals for the Second Circuit reversed a decision by the U.S. District Court for the District of Connecticut dismissing a lawsuit by Medicare beneficiaries alleging deprivation of due...more

Court of Federal Claims Reaffirms VOSB/SDVOSB's Right to Due Process During Protests, Rejects VA's Interpretation of Revised...

Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned...more

In Florida, Recognition of Same-Sex Marriage Will Impact Employers

On January 6, Florida became the 36th state to recognize same-sex marriage. This development came as the result of several recent state and federal court decisions finding Florida's ban on same-sex marriage an...more

NLRB Election Rule Under Fire

On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management...more

The Marx Brothers Mirror Scene: Absurdity and Comments by a SEC Commissioner

I continue my Marx Brothers’ themed week by today looking at what I and many others believe to be their most cherished routine: the Mirror Scene. Danny Leigh, in his article in the Financial Times (FT), entitled “Souped-up...more

The Power of the Press Release II: A Suggestion For Heightened Scrutiny of Governmental Prosecutorial Pre-trial Public...

In Russell G. Ryan’s recent thoughtful article in the Wall Street Journal entitled “Get the SEC Out Of The PR Business,” he raised several issues that resonate well beyond the practices of the SEC and into the world of...more

U.S. Chamber and Business Groups File Suit to Block New NLRB Election Rule

This week, the U.S. Chamber of Commerce and several business trade groups announced that they jointly filed a complaint in federal court against the National Labor Relations Board (NLRB), seeking to strike the Board’s new...more

This Week In Securities Litigation

FCPA enforcement was the focus this first week of the new year. The DOJ brought FCPA and Travel Act charges against an individual alleged to have repeatedly bribed an official of the European Bank of Reconstruction and...more

SEC Use of Administrative Proceedings Challenged Again

The SEC was granted authority in the Dodd-Frank Act to initiate administrative proceedings against non-regulated persons. In those proceedings the full range of remedies are available – a cease-and-desist order, disgorgement,...more

Alabama Receives Significant Upgrade from COST on State Tax Due Process Scorecard

On December 17, the Council On State Taxation (COST) announced that Alabama’s grade in their “Best and Worst of State Tax Administration” scorecard on Tax Appeals and Procedural Requirements, otherwise known as the “Due...more

There’s No Place Like Home: SEC Increasingly Uses Administrative Proceedings

Stung by adverse court rulings in some of its enforcement cases, the SEC is bringing more of those cases in its own forum—an SEC administrative proceeding. ...more

Clear Sailing Ahead For Class Counsel in California Settlement

In Laffitte v. Robert Half International, Inc., No. BC321317, ___ Cal.App.4th ___ (Oct. 29, 2014; pub. ord. Nov. 21, 2014), the California Court of Appeal affirmed a $19,000,000 settlement that included an attorneys’ fee...more

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

Justices Probe Limits of Non-Delegation Doctrine and Express Due Process Concerns

Yesterday, the U.S. Supreme Court heard oral argument in Dep't of Transp. v. Ass'n of Am. Railroads. At issue is whether Congress may grant Amtrak, a private entity created by Congress, the power to co-author regulations...more

Solicitor and barrister restrained from acting in litigation

The Supreme Court in Victoria recently took the unusual step of assessing whether to exercise its inherent jurisdiction to restrain a solicitor and barrister from acting for a defendant to proceedings....more

Fourth District Court of Appeal Holds Sales Tax Against Florida Corporation on Out-of-State Sales is Unconstitutional

In American Business USA Corp. v. Department of Revenue, Case No. 4D13-1472 (4th DCA November 12, 2014), the Fourth District Court of Appeal held that an assessment of sales tax pursuant to a provision in Florida's sales tax...more

DTSC’s Lien Procedure Found to Violate Due Process

In Van Horn v. Department of Toxic Substances Control (“DTSC”), a California Court of Appeal found that DTSC’s procedure for imposing liens on property under the California “Superfund” law violates due process of law....more

Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations

The U.S. Department of Veteran Affair's ("VA") Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled,...more

Court of Federal Claims Affirms Due Process Rights for Service-Disabled Veteran-Owned Small Businesses

The United States Court of Federal Claims recently issued an important decision affirming the due process rights of Service-Disabled, Veteran-Owned Small Businesses (“SDVOSBs”). The case, AmBuild Company, LLC v. United States...more

U.S. Supreme Court Clarifies the Limits of Twombly/lqbal

Rejecting the "punctiliously stated 'theory of pleading'" applied by the district court and the Fifth Circuit, the U.S. Supreme Court in Johnson v. City of Shelby, Mississippi, ___ S.Ct. ___, 2014 WL 5798626 (2014), held that...more

U.S. Supreme Court Rules that Failure to Include Section 1983 Claim in Complaint is Not Fatal to Suit Against State Actor

On November 10, 2014, the U.S. Supreme Court entered a per curiam order in Johnson v. City of Shelby, Mississippi, reversing the Fifth Circuit Court of Appeals’ opinion affirming the dismissal of a suit against a Mississippi...more

Illinois Supreme Court Rejects Constitutional Challenge to Medical Licensing Amendments

Last month, a unanimous Illinois Supreme Court rejected assorted constitutional challenges to 2011 amendments to the Department of Professional Regulation Law governing medical licensing. In an opinion by Justice Burke, the...more

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