Due Process Equal Protection

News & Analysis as of

The ERISA Litigation Newsletter - July 2015

Editor's Overview - This month's article by Lindsey Chopin discusses Affordable Care Act ("ACA") litigation. Just five years old, the Supreme Court has considered issues related to the ACA numerous times. Two of those...more

Marriage Equality Is Nationwide

In Obergefell v. Hodges, the United States Supreme Court held that “the right to marry is a fundamental inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment...more

Supreme Court of Missouri Upholds 10-Year Statute of Repose for Foreign-Object Medical Malpractice Claims

Ambers-Phillips v. SSM DePaul Health Center, 2015 WL 1926012 (Mo.banc. April 28, 2015) - The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a plaintiff’s foreign-object medical...more

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

What Will Employers Likely See (or Not See) in the Wake of the Supreme Court's Same-Sex Marriage Decision?

Now that the hubbub surrounding the Supreme Court’s June 26 decision in the consolidated case of Obergefell v. Hodges has begun to level off, employers are wondering how the decision will impact their workplaces. (In case...more

The Benefits of Equality: How Same-Sex Marriage Can Strengthen Your Business

Regardless of whether you believe the Supreme Court should have decided the issue, last week’s decision on marriage equality has the potential to benefit your business. Because the decision creates a uniform definition of...more

Obergefell v. Hodges – Same-Sex Marriage Now Legal in All 50 States

In 2013, the Supreme Court, in United States v. Windsor, struck down Section 3 of the Defense of Marriage Act (“DOMA”) which defined marriage, for Federal purposes, as between one man and one woman. The Windsor ruling...more

Does the Supreme Court's Marriage Decision Protect Religious Entities?

COMMENTARY: For faithful Christians, Jews and Muslims, the ruling in Obergefell v. Hodges leaves more questions than answers. In the days running up to today’s Supreme Court ruling on same-sex marriage ...more

Keeping Multi-national Families Together - The Supreme Court’s Ruling in Favor of Same-Sex Marriage Confirms the Federal...

On Friday, June 26, 2015, the U.S. Supreme Court ruled that there is a constitutional right to same-sex marriage under the 14th Amendment (“equal protection under the law” and the right to “due process of law”), striking down...more

What Does SCOTUS Same-Sex Marriage Decision Mean For Employers?

Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex...more

A Closer Look at the Supreme Court’s Same Sex Marriage Ruling

With the announcement of last week’s Supreme Court decision, proponents of same sex marriage rejoiced and Facebook became much more colorful. After a weekend of celebrating the new-found rights of my gay and lesbian friends,...more

Supreme Court Update: Obergefell V. Hodges (14-556)

In a week that saw the Court hold that facial challenges are available under the Fourth Amendment, that disparate-impact claims are available under the Fair Housing Act, and that tax credits are available on Obamacare's...more

The Same-Sex Marriage Ruling: Key Employee Benefits Take-Aways

Last Friday, the Supreme Court of the United States issued its highly-anticipated decision in the case of Obergefell v. Hodges, ruling that all 50 states must license marriages between two people of the same sex and must...more

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

U.S. Supreme Court Recognizes Fundamental Right To Same-Sex Marriage Nationwide: Impact of the Decision on Employers

In a landmark decision, the U.S. Supreme Court recognized a fundamental right for same-sex couples to marry throughout the country. In a 5-4 opinion authored by Justice Anthony Kennedy, the Court held that the Due Process...more

Supreme Court Strikes Down Same-Sex Marriage Bans

In a landmark decision, the U.S. Supreme Court held that the Fourteenth Amendment requires states to license marriages between two people of the same sex and to recognize same sex marriages that were validly licensed in...more

BREAKING: Same-Sex Marriage Is The Law Of The Land, SCOTUS Says

The decision in Obergefell v. Hodges, hot off the press, is 103 pages long, but here it is. Some instant analysis: *The due process and Equal Protection clauses of the 14th Amendment to the U.S. Constitution compel...more

Illinois Supreme Court Affirms Deed Tax, Illuminates Constitutional Tax Analysis

In the closing days of the recently concluded May term, the Illinois Supreme Court handed down its decision in Marks v. Vanderventer, unanimously upholding the constitutionality of a statewide surcharge on the recording of...more

Court Finds SEC Administrative Proceeding Constitutional

Section 929P(a) of the Dodd-Frank Act provides that the SEC’s authority in administrative penalty proceedings is “coextensive” with its authority to seek penalties in federal court. The plaintiff in Bebo v SEC argued the...more

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 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

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

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

Another Constitutional Challenge to SEC Administrative Forum

The drumbeats of discontent grow louder against the SEC’s more frequent use of its internal administrative forum for enforcement cases. I wrote about the current spate of Constitutional challenges to the agency’s forum in an...more

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