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Tenth Amendment Constitutional Challenges

Holland & Knight LLP

Will Mariner Finance Decision Lead State Regulators to Bring CFPA Claims?

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A lengthy decision recently issued by the U.S. District Court for the Eastern District of Pennsylvania, Pennsylvania by Shapiro v. Mariner Fin., LLC, No. CV 22-3253, 2024 WL 169654 (E.D. Pa. Jan. 12, 2024) (Hodge, J.), may...more

Brownstein Hyatt Farber Schreck

A Significant Win for Tribal Sovereignty—ICWA Survives Haaland v. Brackeen

On June 15, 2023, the U.S. Supreme Court handed down a significant victory to supporters of the Indian Child Welfare Act (ICWA) in Haaland v. Brackeen....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Haaland v. Brackeen

On June 15, 2023, the U.S. Supreme Court decided Haaland v. Brackeen, No. 21-376, holding that the Indian Child Welfare Act does not violate either Article I of the Constitution or the Tenth Amendment’s anti-commandeering...more

Epstein Becker & Green

Indian Child Custody, Tribal Bankruptcy Coverage, and Criminal Case Venue Occupy Today’s Docket – SCOTUS Today

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Indian tribal rights led the Supreme Court’s docket yesterday. In one case, the Court held that the federal Bankruptcy Code abrogated the sovereign immunity of tribal governments. And in another, this time upholding tribal...more

Holland & Knight LLP

Blocked: Federal Court Enjoins Government from Enforcing Contractor Vaccine Mandate in 3 States

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U.S. District Court Judge Gregory Van Tatenhove of the Eastern District of Kentucky on Nov. 30, 2021, issued a preliminary injunction, halting the government's enforcement of the federal contractor vaccine mandate on federal...more

Holland & Knight LLP

Federal Judge Rules Against Landlord Vaccine Mandate

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In the ever-shifting landscape surrounding the landlord (and contractor) vaccine mandate, a federal judge has ruled against the federal government and issued a preliminary injunction that prohibits enforcement of the vaccine...more

Stinson LLP

Judicial Holdings Throw Vaccine Mandate Implementation into Disarray

Stinson LLP on

As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA's...more

Littler

Federal Contractor and Subcontractor Vaccine Mandate Temporarily Enjoined in Kentucky, Ohio, and Tennessee

Littler on

On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to block the enforcement of the vaccine mandate for federal contractors and subcontractors...more

Polsinelli

Executive Order 14042’s Vaccine Mandate for Federal Government Contractors Enjoined in Tennessee, Ohio, and Kentucky

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On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky threw a wrench into the federal government’s efforts to enforce Executive Order 14042’s COVID-19 vaccination mandate against federal...more

Proskauer - Law and the Workplace

Contractor Vaccine Mandate Blocked In 3 States By Federal Judge

On November 30, 2021, a federal judge issued a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in response...more

WilmerHale

OSHA Publishes COVID19 "Vaccine or Test" Mandate for Employers

WilmerHale on

On November 5th, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an emergency regulation that assigns US employers a central role in the Biden Administration’s COVID-19 pandemic response. Several...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Upholds Indian Child Welfare Act as Constitutional

On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more

Holland & Knight LLP

Sports Wagering: State-by-State Update for Tribal Entities with Gaming Compacts

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Earlier this year, the U.S. Supreme Court ruled in Murphy v. National Collegiate Athletic Association that the Professional and Amateur Sports Protection Act violated the 10th Amendment of the U.S. Constitution because it...more

Foster Garvey PC

Sports Betting: What Radio Stations Need to Know After Supreme Court Decision

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Is Sports Betting Legal? Until a recent Supreme Court decision addressed the question, the answer was fairly straightforward: sports betting was allowed in only four states. All other states were prohibited from legalizing...more

Shumaker, Loop & Kendrick, LLP

Client Alert: FAQs About Sports Betting Under Ohio Law

In May of 2018, the United States Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) on 10th Amendment grounds. The Court’s decision stripped sports leagues of their statutory right to...more

Foster Garvey PC

New York AG Declares That Her State ‘Will Not Be Bullied’ – New York and Three Other States File Lawsuit Attacking TCJA Provision...

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New York Attorney General Barbara Underwood and New York Governor Andrew Cuomo announced today that the state of New York, joined by the states of Connecticut, New Jersey and Maryland, have instituted a lawsuit against the...more

Holland & Knight LLP

Sports Gambling in Illinois: What Are the Odds, and Will Municipalities Be Dealt In?

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• The U.S. Supreme Court's recent landmark decision in Murphy v. National Collegiate Athletic Association,et al. overturned the Professional and Amateur Sports Protection Act of 1992 (PASPA), effectively granting each state...more

Proskauer Rose LLP

New Jersey Authorizes Gambling on Sports

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On May 14, 2018, the U.S. Supreme Court issued its long-awaited decision in Murphy v. NCAA, which struck down as unconstitutional a federal statute that banned states from authorizing sports gambling. Just 28 days later, on...more

Snell & Wilmer

U.S. Supreme Court Rules That States May Conduct Sports Betting

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After much speculation and anticipation, the U.S. Supreme Court today ruled that the States may conduct sports betting, and struck down the Professional & Amateur Sports Protection Act (“PASPA”). In the case of Murphy v....more

K&L Gates LLP

Supreme Court Strikes Down Ban on Sports Wagering

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On May 14, 2018, the U.S. Supreme Court issued a decision that struck down the Professional and Amateur Sports Protection Act (“PASPA”) on grounds that the act unconstitutionally “commandeers” the powers of the states. By...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Strikes Down Federal Ban on Sports Betting

• The Supreme Court in Murphy v. NCAA ruled 7-2 that a federal law prohibiting states from authorizing sports betting violated the constitutional rule that the federal government may not “commandeer” the states. • The...more

Proskauer Rose LLP

Three Point Shot - May 2018

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Strikes Down Federal Sports Gambling Law

On Monday, the Supreme Court opened the door for states across the country to authorize sports gambling within their borders—a decision that could have a dramatic effect in the world of sports and potentially weaken the...more

Womble Bond Dickinson

Supreme Court Opens Door to Legalized Sports Betting

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On May 14, the United States Supreme Court struck down a federal law that effectively prohibited states from legalizing sports betting. The Court’s decision breaks Nevada’s monopoly on sports betting and will empower state...more

Mintz - Sports Entertainment Viewpoints

Time to Place Your Bets? Key Things to Know about the Supreme Court Sports Gambling Decision

This week, the U.S. Supreme Court issued a landmark decision authorizing the states to decide whether sports betting should be legal within their borders. In its decision, the Court struck down certain provisions of the...more

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