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Subject Matter Jurisdiction Due Process

Holland & Knight LLP

Religious Institutions Update: January 2024

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Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Security People, Inc. v. Iancu, 971 F.3d 1355...

Security People lost an inter partes review (IPR) and appealed to the Federal Circuit. It lost that appeal and was denied certiorari at the Supreme Court. Security People never raised constitutional arguments in any of these...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Best Best & Krieger LLP

AB 992: Open Meeting Laws and Social Media

New California Law Addresses Prohibition on Serial Meetings on Social Media - California public officials could run afoul of the Brown Act if they communicate with legislative members of the same body on social media...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

Hinshaw & Culbertson - Lawyers for the...

Utah's District Court Dismisses Malpractice Action Against Florida Firm Based on Lack of Jurisdiction

R.M. v. Dennis, Jackson, Martin & Fontela, P.A., 2020 U.S. Dist. LEXIS 68115 Brief Summary - Utah's federal district court granted a motion to dismiss filed by a Florida-based law firm and its associate (collectively...more

Perkins Coie

Delaware Bankruptcy Court Decision Strengthens Protections for Healthcare Providers in Bankruptcies

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In an August 2019 case argued by Perkins Coie attorneys, the U.S. Bankruptcy Court for the District of Delaware ruled that the automatic stay under section 362(a) of the Bankruptcy Code bars the Centers for Medicare &...more

Knobbe Martens

Jurisdiction over Foreign Entities and Foreign Sovereigns

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GENETIC VETERINARY SCIENCES v. LABOKLIN GMBH & CO. KG - Before Wallach, Hughes, and Stoll. Appeal from the Eastern District of Virginia. Summary: (1) If a foreign entity is not subject to jurisdiction in any state’s...more

Holland & Knight LLP

Religious Institutions Update: June 2019 - Lex Est Sanctio Sancta

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Key Cases - Covert Surveillance Due to Religious Identity is Actionable - Government surveillance of individuals due to their religious identity is actionable under federal law. In Fazaga v. Federal Bureau of...more

Jones Day

Fifth Circuit Provides Relief for Providers Facing Medicare Appeal Backlogs

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The U.S. Court of Appeals for the Fifth Circuit has provided some relief to health care providers seeking to stop Medicare from "recouping" alleged overpayments before the provider can obtain a hearing before an...more

Baker Donelson

Court Finds Jurisdiction to Bar Recoupment Associated with Pending Claims Appeal

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On March 27, 2018, the United States Court of Appeals for the Fifth Circuit published an opinion that provides Family Rehabilitation, Inc. (Family Rehab) a second chance to postpone recoupment of about $7.6 million in...more

Jones Day

Personal Jurisdiction: A New Battlefront in Corporate Criminal Cases

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The U.S. Supreme Court in recent years has been steadfast in cabining the authority of state courts to assert personal jurisdiction over corporate defendants in civil cases. In 2017, the Court has continued this trend on...more

Tucker Arensberg, P.C.

West Virginia Doctor Secures Temporary Restraining Order Against Medicare Exclusion

In Robie v. Price, Dr. Robie successfully obtained a temporary restraining order prohibiting CMS from terminating his Medicare billing privileges prior to the exhaustion of his administrative remedies by the U.S. District...more

McDermott Will & Emery

BREAKING NEWS: Sales Tax Battle Breaks Out in South Dakota; Quill’s Last Stand?

On March 22, 2016, South Dakota Governor Dennis Daugaard signed into law Senate Bill 106, which requires any person making more than $100,000 of South Dakota sales or more than 200 separate South Dakota sales transactions to...more

Robinson+Cole RLUIPA Defense

Alabama Sex Offender Religious Land Use Case To Proceed

The U.S. District Court for the Middle District of Alabama has ruled that Ricky Martin may proceed with his religious land use and other claims against the Chilton County District Attorney Randall Houston. The Middle...more

Dorsey & Whitney LLP

The Supreme Court - March 2016 #2

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The Supreme Court of the United States issued decisions in three cases today - Americold Realty Trust v. ConAgra Foods, Inc., No. 14-1382: Plaintiff corporations, including respondent ConAgra Foods, Inc., brought suit...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

Proskauer Rose LLP

D.C. Circuit Joins Seventh Circuit in Rejecting Court Challenges to Pending SEC Administrative Enforcement Proceedings

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The U.S. Court of Appeals for the District of Columbia Circuit held today that federal District Courts do not have subject-matter jurisdiction to entertain challenges to ongoing SEC administrative enforcement proceedings. A...more

Proskauer Rose LLP

Seventh Circuit Rejects Court Challenge to Pending SEC Administrative Enforcement Proceeding

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The U.S. Court of Appeals for the Seventh Circuit held yesterday that federal District Courts do not have subject-matter jurisdiction to entertain challenges to ongoing SEC administrative enforcement proceedings where the...more

Holland & Knight LLP

Religious Institutions: June 2013

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Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more

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