News & Analysis as of

Constitutional Challenges State Constitutions

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Paid Sick Time Law Still Stands After State Supreme Court Ruling

On April 29, 2025, the Supreme Court of Missouri upheld Proposition A, the voter-approved initiative that mandates paid sick time and raised the minimum wage....more

Snell & Wilmer

Two More Tribes Enter Suit Over California Card Rooms’ Banked Games

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“Defendants [California card rooms] operate, participate in, and facilitate illegal gambling,” according to a complaint filed on April 1, 2025, by the Rincon Band of Luiseno Indians (the Rincon Band) and the Santa Ynez Band...more

Constangy, Brooks, Smith & Prophete, LLP

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Winstead PC

Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit

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In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more

Troutman Pepper Locke

NOT SO FAST . . . South Dakota Seeks to Enjoin House Settlement Approval

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With the final approval hearing for the House settlement before Judge Wilken in the Northern District of California set for April 7, the state of South Dakota has continued its battle to prevent that settlement from getting...more

Chartwell Law

The Tennessee Supreme Court Reaffirms Tennessee’s Adherence to the Employment-at-Will Doctrine

Chartwell Law on

In a landmark decision, the Supreme Court of Tennessee recently ruled in Heather Smith v. BlueCross BlueShield of Tennessee that the right to petition in Article I, Section 23 of the Tennessee Constitution does not provide a...more

BCLP

Missouri House of Representatives Passes HB 575, Imposing Residency Requirements and Banning Per-Signature Payments for Initiative...

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Today, the Missouri House of Representatives passed House Bill 575, which contains two new provisions applicable to statewide initiative petition circulators....more

Holland & Knight LLP

New York Court Strikes Down CDPAP Reimbursement Changes

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In a significant development for fiscal intermediaries (FIs) and the Consumer Directed Personal Assistance Program (CDPAP), a New York Supreme Court Justice ruled on March 20, 2025, that the New York State Department of...more

Jones Day

Montana Supreme Court Holds State Constitution Includes Protections Against Climate Change

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Throughout 2024, young Americans from states like Oregon, California, and Hawaii turned to litigation, arguing that court intervention is necessary to protect them from climate change. The young plaintiffs spearheading these...more

Littler

New York Court Issues Decision and Order Declaring the DOH’s August 2024 Reimbursement Rate Adjustment for Fiscal Intermediaries...

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On March 20, 2025, a New York Supreme Court Justice in Albany County issued a decision and order declaring the New York State Department of Health (NY DOH)’s August 2024 implementation of an administrative rate reimbursement...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more

Bodman

Michigan Supreme Court Holds that a Tax Cannot be Disguised as a Franchise Fee in Violation of Headlee

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The Michigan Supreme Court released an opinion yesterday holding that a municipality may not disguise a tax by imposing a utilities franchise fee upon consumers through a utilities franchise agreement when that agreement...more

Holtzman Vogel Baran Torchinsky & Josefiak

Second Department Reverses Trial Court and Holds State Voting Rights Act to Be Constitutional

On January 30, 2025, the Appellate Division Second Department handed down a decision regarding the constitutionality of the New York State Voting Rights Act. The case, Clarke v. Town of Newburgh, concerned a challenge under...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

Offit Kurman on

On January 20th, President Trump issued an executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Trust to the Federal Government.” The executive order included provisions for the...more

Pierce Atwood LLP

Vested Rights Revisited

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In recent years, numerous state courts across the country have been asked to consider the question whether a plaintiff’s claim can be retroactively revived by the legislature after the claim has been extinguished by a statute...more

Polsinelli

Legal Challenge Threatens New Missouri Minimum Wage and Paid Sick Leave Law

Polsinelli on

The Missouri Chamber of Commerce and Industry, along with other Missouri business groups, recently filed a lawsuit in the Supreme Court of Missouri attempting to stop Proposition A from taking effect. The lawsuit asserts five...more

Quarles & Brady LLP

Wisconsin Court Strikes Down Major Portions of Act 10 Affecting Public Sector Employees’ Collective Bargaining Rights

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On December 2, 2024, a Dane County, Wisconsin Circuit Court issued a landmark decision striking down portions of 2011 Wisconsin Act 10 (“Act 10”) and thus affecting the collective bargaining rights of public sector employees...more

Troutman Pepper Locke

Oregon Appeals Court Rules E-Cigarette Packaging Restrictions Unconstitutional

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In October, the Oregon Court of Appeals ruled that a law restricting the packaging of e-cigarettes violates the state constitution’s free speech protections. The decision illustrates the utility of free speech arguments...more

Holland & Knight LLP

Religious Institutions Update: November 2024

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Fired Pastor's Ousting During Church Service Did Not Violate His Free Exercise Rights Anthony J. Sirven In Couzens v. City of Forest Park, Ohio, 114 F.4th 571, 574 (6th Cir. 2024), church leaders hired off-duty municipal...more

Benesch

California Supreme Court Unanimously Rules that Uber, Lyft Drivers May Remain Classified as Independent Contractors

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On July 25, 2024, the California Supreme Court unanimously ruled that Uber Technologies Inc. (“Uber”) and Lyft Inc. (“Lyft”) can continue classifying their California drivers as independent contractors....more

Shipman & Goodwin LLP

Kansas Supreme Court Reaffirms Fundamental Right to Abortion

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Last week, the Kansas Supreme Court issued two decisions striking down a series of state anti-abortion laws  passed by the Kansas Legislature. The first case challenged S.B. 95, a bill enacted by the Legislature in 2015...more

Lathrop GPM

Missouri Supreme Court Holds Statutes Creating Lake of the Ozarks Area Lodging Tax Unconstitutional

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Guests of Lake of the Ozarks lodging establishments ranging from vacation rentals to resorts will have one less tax to pay thanks to a recent decision by the Missouri Supreme Court. The court found that statutes creating a...more

Foster Garvey PC

The Tumultuous Journey of the Washington State Capital Gains Tax Continues

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I have reported in several prior blog posts the significant events impacting the newly enacted Washington state capital gains tax. The turbulent ride of this legislation continues!...more

Seyfarth Shaw LLP

The Superior Court of California Invalidates the HOME Act

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Several cities in California successfully petitioned for a writ of mandate seeking the invalidation of California Senate Bill 9 (the HOME Act)....more

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