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Fifth Amendment Due Process Fourteenth Amendment

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

DarrowEverett LLP on

The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Holland & Knight LLP

District Court Enjoins SBA from Using Race-Based Rebuttable Presumption Under 8(a) Program

Holland & Knight LLP on

The U.S. District Court for the Eastern District of Tennessee ruled on July 19, 2023, in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the U.S. Small Business Administration's (SBA) and U.S. Department of Agriculture's...more

BakerHostetler

Corporate Consent Jurisdiction and the Supreme Court's Landmark Mallory Decision

BakerHostetler on

The Supreme Court has significantly expanded the possible grounds for personal jurisdiction against corporations, upholding Pennsylvania’s statute requiring foreign businesses registered in the Commonwealth to consent to...more

Fisher Phillips

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

Fisher Phillips on

Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Delegation and Wildfires

This week, the Ninth Circuit resolves whether parties can delegate issues of contract formation to an arbitrator, and explains the bounds of federal courts’ jurisdiction over ratemaking orders in a challenge to the procedure...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 36 and Final Issue of 2020

Welcome to this 36th issue of Unprecedented. When we published our first issue on March 24, our understanding of the type of litigation to come out of the COVID-19 pandemic was much like our understanding of the virus itself:...more

Gray Reed

Dereliction of Duty: Can Local Governments Be Liable for Not Protecting Property from Protestors?

Gray Reed on

Eager to spark the socialist revolution, left-wing activists seized Ramsett Park and the surrounding area and declared an independent autonomous community dedicated to social and economic justice. While that hypothetical...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 6

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

Spilman Thomas & Battle, PLLC

The U.S. Supreme Court Sides with PA on the Shutdown Showdown—for Now

On referral from Justice Alito to the full court, the Supreme Court of the United States on Wednesday denied an application to halt the enforcement of Pennsylvania Governor Wolf’s shutdown order. As we reported earlier, the...more

Spilman Thomas & Battle, PLLC

Challenges to Shutdown Orders Reach the U.S. Supreme Court

On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s...more

Spilman Thomas & Battle, PLLC

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more

Morrison & Foerster LLP

Start Your Engines: The U.S. Supreme Will Yet Again Review The Constitutional Limits Of Personal Jurisdiction In A Pair Of Cases...

Lower courts’ inability or refusal to confine cases to their proper fora compels the Supreme Court to spend precious docket space restating the rules governing personal jurisdiction. The Due Process Clauses of the Fifth...more

Mintz - Arbitration, Mediation, ADR...

Federal Courts Should Rethink the Personal Jurisdiction Requirement of 28 U.S.C. § 1782

The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order a “person” that “resides or is found” within its jurisdiction to produce evidence for...more

Harris Beach PLLC

Rent Regulations, Tenant Protections Expand Beyond Big Apple

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New York state has enacted the Housing Stability and Tenant Projection Act of 2019, providing for sweeping changes to rent and landlord/tenant laws with the stated purpose of protecting tenants while imposing new obligations...more

McDermott Will & Emery

Wisconsin Enacts Discriminatory Exit Charge for Businesses Moving out of State

McDermott Will & Emery on

On June 24, 2019, Wisconsin Governor Tony Evers (D), signed into law AB 10, entitled “2019 Wisconsin Act 7.” This Act either bars a deduction for, or requires that amounts deducted be added back to, Wisconsin taxable income...more

(ACOEL) | American College of Environmental...

A Hard Look at the Environmental Rule of Law

Years in the making, the first global report on the Environmental Rule of Law (ERL) was issued by the United Nations Environment Program and the Environmental Law Institute (ELI) in January 2019.  The report is a...more

Carlton Fields

Split Over Impact of Bristol-Myers Squibb on Class Actions Deepens

Carlton Fields on

Bakov v. Consolidated World Travel, Inc. is the latest salvo in the conflict over whether the Supreme Court’s personal jurisdiction decision in Bristol-Myers Squibb applies in the class action context. ...more

Clark Hill PLC

Michigan Court of Appeals Rules Teacher Discipline is a Prohibited Subject of Bargaining

Clark Hill PLC on

On February 22, 2018, the Michigan Court of Appeals held that Michigan Employment Relations Commission (MERC) properly concluded that the Association’s efforts to arbitrate a grievance over an individual teacher’s discipline...more

Orrick, Herrington & Sutcliffe LLP

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

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