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Constitutional Challenges Exemptions

JUSTICENTER

Is It Possible To Get Out Of Jury Duty?

JUSTICENTER on

The U.S. and California Constitutions protect the right to a jury trial in all criminal cases and most civil lawsuits. Although most criminal prosecutions and lawsuits end before reaching trial, large population centers like...more

Cozen O'Connor

FinCEN Exempts US Entities and Persons from CTA

Cozen O'Connor on

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) adopted an interim final rule (Rule) exempting U.S. companies previously subject to the reporting requirements under the Corporate Transparency Act (CTA)...more

Lowndes

Employers in Limbo—OSHA Suspends Vaccination Rule After Fifth Circuit Ruling as Florida Limits Mandates

Lowndes on

On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more

Bricker Graydon LLP

University vaccine mandate constitutionality: A review of the US Seventh Circuit’s IU decision

Bricker Graydon LLP on

In a succinct decision issued earlier this week, the United States Court of Appeals for the Seventh Circuit (including states Illinois, Indiana and Wisconsin) refused to issue an injunction pending the outcome of a...more

Goodwin

SEC Adopts Rule Providing New Regulatory Framework For Fund-Of-Funds

Goodwin on

In the News. The Securities and Exchange Commission (SEC) announced that it adopted Rule 12d1-4 under the Investment Company Act of 1940 (the 1940 Act), providing a new regulatory framework for fund-of-funds and final...more

Genova Burns LLC

ACA Attacked By Left and Right; New Jersey’s Response

Genova Burns LLC on

After the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision last December, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of...more

International Lawyers Network

The Federal Court Of Appeal Upholds Canada’s Anti-spam Legislation As Constitutional

On June 5, 2020, the Federal Court of Appeal (“FCA“) released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada’s anti-spam legislation...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more

Farrell Fritz, P.C.

Suffolk County Trap And Skeet Range May Be Silenced By Town Noise Ordinance

Farrell Fritz, P.C. on

BANG! Yaphank, New York.  In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another...more

Faegre Drinker Biddle & Reath LLP

The First Amendment Battleground: SCOTUS Asked to Review Two Ninth Circuit Decisions on the Constitutionality of the TCPA

In the span of fifteen days, TCPA defendants in two separate cases asked the U.S. Supreme Court to review two distinct but interwoven Ninth Circuit decisions on the constitutionality of the TCPA. Specifically, Facebook, Inc....more

Pierce Atwood LLP

Despite Holding the TCPA’s Government Debt Exemption is Unconstitutional, the District of Massachusetts Permits Class Claims to...

Pierce Atwood LLP on

On September 24, 2019, the District of Massachusetts held in Katz v. Liberty Power Corp., LLC that the government debt collection exemption to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §§ 227 et seq., is an...more

Vedder Price

TCPA Turnstile: Case Update Vol. 10

Vedder Price on

Perhaps not surprisingly, there was no vacation this summer for TCPA litigation. We already addressed the 11th Circuit’s big decision on Article III standing in Salcedo. But we’ve also combed through the 150+ TCPA-related...more

Carlton Fields

Ninth Circuit Dials Back Robocall Exemption for Government Debt

Carlton Fields on

The Telephone Consumer Protection Act (TCPA) has long banned certain people from spamming your cellphone with “robocalls” placed through automated dialers. But this ban did not extend to all types of robocalls. If the call...more

Perkins Coie

CEQA Project Baseline Should Not Have Been Set Prior to Demolition of Historic Structure

Perkins Coie on

The Fourth District Court of Appeal held that the project baseline under CEQA for construction of a new home did not include demolition of a potential historic structure that had occurred before submittal of a permit...more

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