News & Analysis as of

Constitutional Challenges

Oregon Bars Use of Three Factor Apportionment Formula

by McDermott Will & Emery on

In Health Net Inc. v. Dep’t of Revenue, Docket No. S063625 (Apr. 12, 2018), the Oregon Supreme Court rejected a business taxpayer’s constitutional challenges to a 1993 Oregon statute that eliminated the right to utilize a...more

The Supreme Court - April 17, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more

Supreme Court Decides Sessions v. Dimaya

by Faegre Baker Daniels on

On April 17, 2018, the Supreme Court decided Sessions v. Dimaya, No. 15-1498, holding in a 5-4 decision that the Immigration and Nationality Act’s definition of “crime of violence” is void for vagueness. The Immigration and...more

Senate Banking Committee Probes Mulvaney’s Leadership at the CFPB

by Ballard Spahr LLP on

On April 12, 2018, Mick Mulvaney, the Acting Director of the Consumer Financial Protection Bureau (Bureau) testified before the Senate Committee on Banking, Housing, and Urban Affairs regarding the Bureau’s Semi-Annual Report...more

Judge Rules that Seattle Cannot Require Landlords to Rent to First Qualified Applicants

by Weiner Brodsky Kider PC on

A trial judge in King County Washington Superior Court recently ruled that the City of Seattle may not enforce a “first in time” law, which required landlords to rent their property to the first qualified applicant, even if...more

A third bite at the apple: trade groups file lawsuit challenging CFPB payday loan rule

by Ballard Spahr LLP on

Two trade groups, the Consumer Financial Service Association of America, Ltd. and the Consumer Service Alliance of Texas, have filed a lawsuit against the CFPB in a Texas federal district court challenging the CFPB’s final...more

Connecticut Supreme Court Holds Public School System Is Constitutionally Adequate

by Stinson Leonard Street on

On January 17, 2018, the Connecticut Supreme Court held the state's public schools provide constitutionally adequate educational opportunities to students....more

US Supreme Court Holds Police Officer Shooting was Lawful

by Poyner Spruill LLP on

The US Supreme Court issued an Opinion April 2, 2018 (Kisela v. Hughes) that a Tucson Police officer was justified in shooting a woman who was holding a knife near her roommate after the woman was reported exhibiting...more

Georgia Legislature enacts significant income, sales, and property tax legislation

The Georgia legislative session concluded on March 29, 2018. In addition to two major bills relating to federal tax reform, Georgia enacted several other pieces of notable tax legislation....more

United States Supreme Court Reverses the Ninth Circuit’s Denial of Qualified Immunity

This week, the United States Supreme Court once again reversed the Ninth Circuit’s refusal to apply qualified immunity. The Supreme Court ruled that qualified immunity protected an officer who shot a non-compliant,...more

Supreme Court: Police Had "Qualified Immunity" in Shooting Woman With Knife

by Sands Anderson PC on

The Supreme Court ruled yesterday that a Tucson police officer who shot a woman four times could not be sued for violating the woman’s Constitutional rights. The case is a significant win for government officials. It’s a...more

Inter Partes Review: After Five Years, What Will 2018 Bring?

by Burns & Levinson LLP on

In 2012, inter partes review (IPR) came into effect as a procedure to correct errors in granting patents. As part of the enactment of the latest revision of the patent law, a procedure known as inter partes reexamination,...more

Infrastructure Series: Border Wall Litigation Update

by WilmerHale on

This is the sixth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States. Attorneys...more

Case File: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

The Supreme Court’s upcoming decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (No. 16-712) has the potential to dramatically change Patent Trial and Appeal Board (PTAB) practice and the patent system...more

California Court of Appeal Upholds Application of PEPRA to Judges Who Were Elected Before, But Assumed Office After, PEPRA Took...

by Nossaman LLP on

In the latest state appellate decision addressing the constitutionality of the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) and other recent pension reform legislation, Division One of the First District...more

9th Circuit Affirms FDIC BSA Enforcement Action

by Weiner Brodsky Kider PC on

On March 13, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed an order by the FDIC Board, which found that a California community bank violated the Bank Secrecy Act (BSA) by failing to establish and maintain a...more

For Fate Of IPR Use, We Can Look To Dr. Seuss

My first presentation about the creation of inter partes review was to a group of Stanford students in 2011. In that presentation, to the amusement of the class, I analogized IPRs to Dr. Seuss’ classic 1961 children’s book...more

Ninth Circuit Court of Appeals Rejects Constitutional Challenge to AML Compliance Program Regulation

by Ballard Spahr LLP on

The Ninth Circuit Court of Appeals recently upheld the decision of the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) to issue a cease and desist order against California Pacific Bank (the “Bank”)...more

Florida Supreme Court Hears Argument On Daubert Standard

by Rumberger Kirk & Caldwell on

On March 6, 2018, the Supreme Court of Florida heard argument in a case that presents the Court with an opportunity to resolve whether Frye or Daubert will be the governing standard for admission of expert testimony going...more

RESPA and UDAAP Enforcement Following The PHH Decision: What To Expect

by Foley & Lardner LLP on

As anyone who is associated with the residential real estate settlement services industry can appreciate, resolution of the PHH case by the full bench of the D.C. Circuit Court of Appeals has brought much-needed clarity and...more

The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450

by Fisher Phillips on

The ever-escalating dispute between the Trump Administration and the State of California over immigration policy is starting to resemble a Shakespearean drama. U.S. Attorney General Jeff Sessions, speaking at an appearance...more

A Trial on Climate Change Claims Against the United States? What Fun!

Yesterday, March 7, 2018, the 9th Circuit rejected the Trump adminitration’s request for a writ of mandamus ordering the trial court to dismiss litigation brought by 21 children alleging that the government’s failure to...more

Durational-Residency Requirements for Alcohol Beverage Retail Licensees Held Unconstitutional

by McDermott Will & Emery on

On February 21, 2018, the US Court of Appeals for the Sixth Circuit published its opinion in Byrd v. Tennessee Wine and Spirits Retailers Association, No. 17-5552. The decision, which includes a partial dissent, affirms a...more

SCOTUS Overturns Decision on Bond Hearings for Detainees Subject to Indefinite Detention

by Foley Hoag LLP on

Do noncitizens detained for a long time while their cases are pending have the right to a hearing to determine whether they can be released on bond? This was the question posed in the Jennings v. Rodriguez case, a...more

Supreme Court to Hear Argument on California Law Requiring Pro-Life Clinics to Notify Patients of Abortion Services

by Hodgson Russ LLP on

The United States Supreme Court is poised to hear a First Amendment case likely to determine the boundaries for government-imposed speech. Although the case arises in the controversial area of abortion rights, the outcome may...more

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Cybersecurity

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