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Constitutional Law Updates

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Second Circuit Tells Aggregator Claiming Standing to Sit Down

by Ballard Spahr LLP on

Clarifying the issue of who has standing to pursue copyright infringement claims, the U.S. Court of Appeals for the Second Circuit on Friday rejected an attempt by a stock photography agency to aggregate claims belonging to...more

Third Circuit Analyzes Standing for ERISA Plan Management Claims

A recent Third Circuit decision reinforced the need for ERISA plaintiffs to plead injury-in-fact to establish Article III standing. In Krauter v. Siemens Corp., No. 17-1662, 2018 WL 921542 (3d Cir. Feb. 16, 2018), the...more

What School Districts Need to Know About Student Protests

by Barley Snyder on

We have received many questions over the past week in the wake of the horrific events at Marjory Stoneman Douglas High School in Parkland, Fla. As has been widely publicized, there are presently a number of protest events...more

Where is the Line? Options for Professional Leagues and Teams Facing On-Field Player Social Activism

In July 2016, four players on the Minnesota Lynx WNBA team wore black shirts in support of the Black Lives Matter social justice movement. The WNBA fined the players, but later rescinded the fines. In August 2016, San...more

Learn More About the Uniform Standards of Professional Appraisal Practice (USPAP)

by Nossaman LLP on

On Tuesday, March 20, beginning at 11:30 a.m. PT, Chapter One of the International Right of Way Association (IRWA) will be holding a joint luncheon with the Southern California Chapter of the Appraisal Institute at Luminarias...more

The Supreme Court - February 21, 2018

by Dorsey & Whitney LLP on

Digital Realty Trust, Inc. v. Somers, No. 16-1276: Paul Somers, a former Vice-President at Digital Realty Trust, brought a claim of whistleblower retaliation under the Dodd-Frank Act against his former employer, alleging he...more

Good Time to Try to Register that “#!$@*!ing” Trademark?

by Jaburg Wilk on

On June 19, 2017, the U.S. Supreme Court struck down the disparagement clause of the Lanham Act (15 U.S.C. § 1051 et seq.) in Matal v. Tam (137 S. Ct. 1744), holding that it violates the First Amendment’s free speech clause. ...more

Supreme Court Denies Cert Petition in CareFirst v. Attias

by Ballard Spahr LLP on

Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more

Good Faith Exception to Exclusionary Rule Saves Conviction Based on Illegal Search

In United States v. Gomez, 16-181-cr (Parker, Wesley, and Droney), the Second Circuit found that the defendant’s Fourth Amendment rights were violated during a five-minute traffic stop because the police officers extended the...more

National School Walkout Planned for March 14

by Franczek Radelet P.C. on

We join with the education community in feeling shocked and saddened over recent events involving gun violence, including the shooting at Marjory Stoneman Douglas High School in Parkland, Florida. We have no doubt that you...more

Supreme Court Declines Review of Standing in Data Breach Class Actions

by Carlton Fields on

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more

California’s Labor & Employment Changes for 2018: Part II - Court Cases Impacting Labor & Employment Law

by Best Best & Krieger LLP on

California courts and Legislature greatly expanded protections for public and private workers in 2017, passing laws and handing down decisions regarding wages, rest periods, harassment, workplace discrimination and free...more

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

Third Time’s Not the Charm for Trump’s Travel Ban

The Fourth Circuit ruled earlier this month that the Trump Administration’s third attempt at an immigration and travel ban, imposed on eight predominately Muslim countries, was likely to violate the Establishment Clause....more

$50 Million Lawsuit Filed Against FDA

by Knobbe Martens on

On January 22, 2018, a $50 million lawsuit was filed against the U.S. Food and Drug Administration (FDA) in the Central District of California. The complaint was filed by Semler Research Center Pvt. Ltd., a contract research...more

Even In The #Metoo Era, There Are Limits On How Employers Can Treat Office Romances

by Fox Rothschild LLP on

The #MeToo movement has understandably made employers more concerned about sexual relations between coworkers. An office romance may seem consensual, but is it really? This is especially problematic when there’s a power...more

Church Provides No Sanctuary: Sixth Circuit’s FDCPA Decision May Breathe New Life into TCPA Spokeo Arguments

by Dorsey & Whitney LLP on

A number of Circuit Courts of Appeal have addressed Spokeo challenges to consumer protection statutes in the 646 days (and counting) since the U.S. Supreme Court handed down Spokeo, Inc. v. Robins, ––– U.S. ––––, 136 S. Ct....more

Toyota Requests Adverse Judgment After University of Minnesota is Dismissed from IPR on the Basis of Sovereign Immunity

by Knobbe Martens on

A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s request for adverse judgment....more

Court Dismisses Credit Union’s Challenge to Mulvaney’s Appointment

by Weiner Brodsky Kider PC on

A federal court has dismissed a lawsuit filed by a New York credit union that challenged the President’s appointment of Mick Mulvaney as the Acting Director of the CFPB. The credit union had sought a declaratory judgment...more

Cockfighting Not Sincerely Held Religious Belief, Rules Federal Court

In United States of America v. Cruz (F.D.N.Y. 2018), Hector Cruz pled guilty to the charge of knowingly attending a cockfighting event (a fight between two roosters) for sport and entertainment in the Bronx, New York, in...more

Ag-Gag Law Update

by Husch Blackwell LLP on

On January 16, 2018, we updated our blogging on so-called “ag-gag” laws – statutes designed to prevent undercover recording of unlawful practices on farms and processing centers. ...more

Court Agrees, Agencies Overstepped Their Authority. What’s Next for CLO Managers?

by White & Case LLP on

Recent Developments in the Application of US Risk Retention to CLOs - On February 9, 2018, the United States Court of Appeals for the District of Columbia Circuit (the "DC Circuit Court") issued an opinion addressing...more

Spokeo IV: Cert Denied and the Circuit Splits Left Behind

by Bryan Cave on

On January 22, 2018, the United States Supreme Court denied a petition for writ of certiorari in Spokeo v. Robins – bringing an end to an appellate saga that started in the Ninth Circuit Court of Appeals before heading up to...more

Third Circuit Says “Umbrella Damages” Bar Does Not Preclude Antitrust Standing Where Product Is Partly Comprised of Materials Not...

In a case of first impression, the Third Circuit recently held in In re Processed Egg Products Antitrust Litigation, No. 16-3795, 2018 U.S. App. LEXIS 2698 (3d Cir. Jan. 22, 2018), that a direct purchaser of a product,...more

D.C. Circuit Rules CFPB's View of RESPA Was Wrong but Its Structure is Constitutional

by Ballard Spahr LLP on

On January 31, 2018, the en banc D.C. Circuit handed down its opinion in the PHH v. CFPB case, which we've discussed at length. It held, 7 to 3, that the CFPB's single-director-removable-only-for-cause structure is...more

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