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Appellate Courts › Constitutional Challenges › Due Process

Nossaman LLP

New Court Case Reasserts Reasonableness as a Limitation on Water Use

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On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman Files Reply Brief in Newman v. Moore

McDonnell Boehnen Hulbert & Berghoff LLP on

The Honorable Pauline Newman, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, has been battling her suspension from the Court imposed by the Judicial Council for two years (including proceedings leading...more

Marshall Dennehey

Ohio 8th District Court of Appeals Affirms Trial Court Ruling that Non-Economic Damages Cap on Catastrophic Injuries Is...

Marshall Dennehey on

On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of...more

Carlton Fields

Florida Appeals Court Decisions Week of February 17 - 21, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Wilson v. Hearos - removal by nonparty, service of process, Ga law - USA v. Lemus - Maritime Drug Law Enforcement Act, constitutional challenges...more

Goodwin

Portions of New York’s FAPA Survive Constitutional Challenges

Goodwin on

Over the last four months, New York’s Appellate Division has finally begun to address constitutional challenges to the state’s Foreclosure Abuse Prevention Act (FAPA), an act that became effective in December 2022 and...more

Warner Norcross + Judd

What is a Special Fiduciary and When Can the Probate Court Appoint One?

Warner Norcross + Judd on

The Michigan Court of Appeals recently issued a decision that considered the scope of the probate court’s ability to appoint a special fiduciary. In re Trueman Harrison and Modesta Harrison Trust, No 368031, 2025 WL 272281...more

Maynard Nexsen

Global Coverage, Global Jurisdiction? Analyzing Efforts to Expand Personal Jurisdiction Over Insurers

Maynard Nexsen on

Across the United States, courts disagree about where an insurance company may be subject to personal jurisdiction. For instance, is a territory-of-coverage provision relevant to personal jurisdiction? What about registering...more

Perkins Coie

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

Perkins Coie on

In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more

Dorsey & Whitney LLP

The Supreme Court Update - April 19, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued three decisions: MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270: This bankruptcy case involved the interpretation of Bankruptcy Code § 363(m) and its...more

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