News & Analysis as of

Privileges and Immunities

Foster Garvey PC

SkyCorp Ltd v. King County: Washington Appellate Court Ruling Affirms County’s Authority in Waste Regulation

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The Washington Supreme Court recently denied review of a key decision from the Washington Court of Appeals, Division II, upholding the authority of local governments to regulate solid waste generated and collected within...more

Epstein Becker & Green

Telehealth’s Roadblock: The Issue with State Licensure Requirements

Use of telehealth services has surged since the COVID-19 pandemic; however, this increase in use does not come without limitations. Telehealth providers are subject to regulations, which differ by state, that govern various...more

Rosenberg Martin Greenberg LLP

United States Court of Appeals for the Fourth Circuit Nixes Maryland’s Attempt to Give Tax Sale Purchasers A Home Field Advantage

Real property tax sales provide opportunities for investors to acquire properties for below market prices if the properties are not redeemed from sale or to earn interest on the taxes paid at the tax sale at generous rates if...more

Law School Toolbox

Law School Toolbox Podcast Episode 350: Listen and Learn -- Privileges and Immunities Clause (Con Law)

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Welcome back to the Law School Toolbox podcast! Today, we're discussing how to identify and work through Privileges and Immunities Clause issues on a law school exam. In this episode we discuss: >Distinguishing between the...more

CloudNine

Private and Privileged Data: Public Records and FOIA Requests

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Information requested from a government agency through a local public records request or the federal Freedom of Information Act (FOIA), may be considered private, personally identifiable information (PII) or privileged. These...more

Nossaman LLP

Medical Group Peer Review: The Next Frontier

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While hospital medical staffs have traditionally handled most of California’s peer review activity, recent trends are forcing more and more medical groups to wrestle with reporting and fair hearing obligations when...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 174: Listen and Learn -- Privileges and Immunities Clause (Con Law)

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Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing how to identify and work through Privileges and Immunities Clause issues on the bar exam. In this episode, we discuss: >Distinguishing between the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Construction and Demolition Debris/Flow Control: Federal Court Addresses Challenge to King County, Washington Ordinance

A United States District Court (W.D. Washington) (“Court”) addressed in a January 14th Order a challenge to certain provisions of a solid waste flow control ordinance (“Ordinance”). See Skycorp LTD v. King County, 2021 WL...more

International Lawyers Network

Queen Anne’s Revenge, Indeed!: Copyright Conundrums, Sovereign States, and IP Piracy

We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law. On the one hand, we have a national and...more

Proskauer - Minding Your Business

Divided Supreme Court Rules that State Jury Verdicts for Serious Crimes Must Be Unanimous

On April 20, 2020, the Supreme Court held in a 6-3 decision that the Sixth Amendment requires a unanimous jury verdict to convict a defendant of a serious offense in state courts. In so holding, the Court not only paved the...more

Gray Reed

Amazon Packages Bursting into Open Fires, Jack Frost Nipping at Your Nose…

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On December 26, Marty and Dave McFly were playing video games when, downstairs in the living room, the hoverboard that Marty had received for Christmas ignited. The fire quickly engulfed the Christmas tree and spread...more

Pullman & Comley, LLC

United States Supreme Court Denies Cert. in Remington Arms Co. LLC v. Soto

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The United States Supreme Court has denied certiorari in Remington Arms Co. LLC v. Soto, No. 19-168.  While the focus of this case ought to remain on the families and the Newtown community, this decision has broad...more

McDermott Will & Emery

Wisconsin Enacts Discriminatory Exit Charge for Businesses Moving out of State

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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

McDermott Will & Emery

District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws

On Friday, March 29, the US District Court for the Eastern District of Missouri handed down its decision in Sarasota Wine Market v. Parson, No. 4:17CV2792. The decision upholds Missouri’s laws permitting in-state retailers to...more

Steptoe & Johnson PLLC

The Rollback of Immunity for Healthcare Institutions under Mahmoodian

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A recent decision by the West Virginia Supreme Court of Appeals could significantly increase the potential for litigation arising from adverse privileging decisions by healthcare institutions in the state. Under the Court’s...more

Bradley Arant Boult Cummings LLP

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

McGuireWoods LLP

Does the Shelton Standard Apply to In-House Lawyers?

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Nearly every court protects a litigant's lawyer from depositions or other discovery under what is called the Shelton standard ( Shelton v. American Motors Corp., 805 F.2d 1323 (8th Cir. 1986)) or under similarly restrictive...more

McDermott Will & Emery

The Uncertain Legal Future of Wine Direct Shipping by the Retail Tier

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The Supreme Court of the United States’ 2005 decision in Granholm v. Heald, which required states allowing their own wineries to direct-ship to consumers to also grant such privileges to out-of-state wineries, marked the...more

Hinshaw & Culbertson LLP

What Century Are We Living In? – The Second Circuit Seems To Think It's the Nineteenth

The United States Court of Appeals for the Second Circuit recently held that members of the New York bar residing out-of-state can be constitutionally required to have a physical office within the state, reversing the U.S....more

Hinshaw & Culbertson LLP

Indiana Product Liability Act's Statute of Repose Found Unconstitutional For Asbestos Cases

On March 2, 2016, Justice Brent E. Dickson of the Indiana Supreme Court ruled on three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. Myers v. Crouse-Hinds Division of Cooper...more

McGuireWoods LLP

Courts Assess Whether Client and Lawyer Agents are Inside or Outside Privilege Protection: Part II

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Last week's Privilege Point discussed a court's consideration of privilege protection for communications with client and lawyer agents. Two weeks later, another court analyzed Debevoise & Plimpton's argument that the...more

Brooks Pierce

Supreme Court Rejects Constitutional Challenge to Virginia Public Records Law

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In a unanimous decision authored by Justice Alito, the U.S. Supreme Court today turned away a constitutional challenge to residency requirement of the Virginia Freedom of Information Act. As we previously reported, the Court...more

Jackson Walker

“Let My People Go…to Delaware” - Paupers, Vagabonds and Fugitives from Justice Excepted

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Originally published in the ABI Journal, Vol. XXXII, No. 2, March 2013. Delaware Local Bankruptcy Rule 9010-1 governs bar admissions and limits unfettered practice before its courts to those attorneys “admitted to practice...more

Foley & Lardner LLP

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

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On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain...more

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