News & Analysis as of

Mootness First Amendment

Jenner & Block

Client Alert: The Supreme Court Declines to Weigh in on Dispute over Campus Speech Policies

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On March 4, 2024, the Supreme Court vacated the Fourth Circuit Court of Appeals’ judgment in a case challenging Virginia Tech’s bias intervention and response team policy, instructing the court to dismiss the case as moot. ...more

Carlton Fields

Mootness: Can a Plaintiff Dismiss a Defendant’s Appeal of An Injunction the Plaintiff No Longer Needs?

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Is the appeal of a preliminary injunction rendered moot when the prevailing plaintiff ceases the activities that originally gave rise to its need for an injunction? Not necessarily, according to the Eleventh Circuit’s...more

Fox Rothschild LLP

Supreme Court Rules That Nominal Damages Can Be Quite Valuable…Maybe?

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In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage at the highest courts of both the country...more

Saiber LLC

The Donald Trump Twitter Case: Vacated and Dismissed as Moot by the Supreme Court

Saiber LLC on

The June 14, 2018 post “The President May Not Block Twitter Followers Because They Disagree With Him Politically” reported how the District Court in Knight First Amendment Inst. at Columbia University v. Trump, 302 F.Supp.3d...more

McGuireWoods LLP

Supreme Court Opens Door for Nominal Damages to Satisfy Article III Standing Requirement

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In Uzuegbnam v. Preczewski, the Supreme Court held that the award of nominal damages is sufficient to redress a past injury, satisfying Article III’s redressability requirement. While at first blush, the opinion may appear...more

Goodwin

U.S. Supreme Court Rules Students Can Pursue Free Speech Claims Against College Based On Policies No Longer In Effect

Goodwin on

On March 8, 2021, the U.S. Supreme Court held in Uzuegbunam v. Preczewski that claims challenging a campus policy on distribution of religious literature were not mooted by the school’s decision to change the policy....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Uzuegbunam v. Preczewski

On March 8, 2021, the Supreme Court decided Uzuegbunam v. Preczewski, No. 19-968, holding that plaintiffs have standing to sue for past injuries fairly traceable to the challenged conduct, even if they seek only nominal...more

Rumberger | Kirk

SCOTUS 8-1: Student Has Standing in First Amendment Case Against College

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In Uzuegbunam v. Preczewski, 592 U.S. ___ (2021), the United States Supreme Court held that plaintiffs asserting constitutional rights have standing to sue for past injuries, even if they only seek nominal damages.  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

McDermott Will & Emery

TTB Label Approval System Survives First Amendment Challenge from DC Brewery

McDermott Will & Emery on

I. Factual Background - During the 34-day government shutdown occurring between December 2018 and January 2019, producers and importers of beer, wine and distilled spirits needing label approval to bring new products to...more

Robinson+Cole RLUIPA Defense

Church Ministering to Homeless/Needy Can Proceed with Most of its Religious Discrimination Claims

A United States District Court for the Middle District of Tennessee recently ruled that Layman Lessons Church and Welcome Baptist Church, Inc. (“Layman Lessons”) can move forward with most, but not all, of its religious...more

Robinson+Cole RLUIPA Defense

7th Circuit Rules Church’s RLUIPA Claims Against Markham, Illinois Ripe for Review

The Seventh Circuit recently reversed a district court’s decision finding a church’s RLUIPA claims were unripe and moot because it was granted parking variances and a conditional use permit after the church brought suit. ...more

Robinson+Cole RLUIPA Defense

Church’s RLUIPA Claims Unripe And Moot, Says Federal Court

A federal district court in Illinois has dismissed religious discrimination and related claims alleged by the Church of Our Lord & Savior Jesus Christ (“Church”) against the City of Markham, Illinois (“City”), in connection...more

Robinson+Cole RLUIPA Defense

Prisoner’s “My-iBible” RLUIPA Claim Thrown Out as Moot

What do a prisoner in administrative segregation, an MP3 player, an audio version of the Bible, and earbud headphones have to do with defending local governments in RLUIPA claims? Read on....more

Skadden, Arps, Slate, Meagher & Flom LLP

"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

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