Fourteenth Amendment

News & Analysis as of

Federal Court Rules that Virginia's Laws Barring Same-Sex Marriage are Unconstitutional

On February 13, 2014, in Bostic v. Rainey, Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia ruled that any Virginia laws banning same-sex marriage or prohibiting recognition of...more

Invitae Files Motion to Dismiss for Lack of Personal Jurisdiction in Myriad Genetics v. Invitae Corp.

It is often to a patentee plaintiff's strategic advantage to file suit in the district in which it resides, to obtain whatever "home court" advantage may attach to that venue. Myriad's choice of filing its post-Supreme Court...more

BB&K Police Bulletin: Use of Deadly Force: Officers’ Pre-Shooting Conduct Included in the Totality of Circumstances Test...

Overview: Deputies shot and killed Shane Hayes inside his home. His daughter filed suit against the deputies and the county for excessive force, Fourth Amendment violations, negligent wrongful death and claims against the...more

Seventh Circuit Dismisses Lawsuit Against Guidance Counselor For Defamation

The Seventh Circuit Court of Appeals, which is the highest federal court with jurisdiction over Illinois, Indiana, and Wisconsin, recently rejected a claim by a parent that a school guidance counselor’s statement to his...more

Fourth Circuit Rejects Manipulation Of Judicial Process As Ocean Manhandles Homes

Can a community condemn shorefront cottages where the beach has eroded at 8 feet per year and the cottages interfere with emergency responders traveling along the beach? ...more

BB&K Police Bulletin: Firearms Forfeiture - Police Seize and Destroy Firearms of Woman Detained for Mental Condition

Overview: A California appellate court recently upheld Welfare and Institutions Code Section 8102, which authorized the seizure and destruction of firearms belonging to a woman admitted to a mental health facility under...more

Merchants Challenge Constitutionality of New York’s ‘No Credit Card Surcharge’ Law

Five merchants and their principals have filed a lawsuit in federal district court in New York challenging the constitutionality of a state law that prohibits merchants from imposing a surcharge on credit card purchases. New...more

Weekly Law Resume - May 2, 2013: Torts – Public Entity – Qualified Immunity for Police Officers

A.D., et al. v. California Highway Patrol, et al. - United States Court of Appeals, Ninth Circuit (April 3, 2013) - The concept of qualified immunity involves shielding a police officer from a lawsuit where the...more

Texas Moves Forward with Bill to Ensure Flexibility in Admissions

On April 9, 2013, the Texas Senate approved a bill allowing the University of Texas at Austin (UT-Austin) to maintain its cap on automatic admissions through at least 2017 no matter the U.S. Supreme Court’s decision in Fisher...more

Religious Institutions Update: February 2013

Last February, at the request of Senate Finance Committee member Charles Grassley (R-Iowa), the Commission on Accountability and Policy for Religious Organizations was formed to address tax-related policy questions of import...more

Will The Debt Ceiling Standoff End Up In Court? [Video]

Jan. 17 (Bloomberg Law) -- Bob Rice, Managing Partner at Tangent Capital Partners and a former federal prosecutor, talks with Bloomberg Law's Lee Pacchia about the potential for the debt ceiling fight to end up in the court...more

California High Court Issues Important Ruling on Labor Speech Rights of Unions on Private Property

The California Supreme Court recently issued its decision in Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8. Although the ruling resolved a long-standing dispute between a supermarket owner and the...more

Weekly Brief: Lawyers Laid Off After Foreclosure Settlement  [Video]

Jan. 10 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. A major settlement between Fannie Mae and several large banks has resulted in many lawyers suddenly finding themselves...more

Shelby County v. Holder

Brief of Amicus Curiae Cato Institute In Support of Petitioner

It is long past time to declare victory over Jim Crow and move on to a healthier stage of race relations, particularly with respect to how the American people elect their government representatives. This term the Supreme...more

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