News & Analysis as of

Due Process

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2018 #2

PATENT CASE OF THE WEEK - Jack Henry & Associates, Inc. v. Plano Encryption Technologies LLC, Appeal No. 2016-2700 (Fed. Cir. Dec. 7, 2018) On Friday, the Federal Circuit reversed a district court’s dismissal of a...more

Seyfarth Shaw LLP

Man Bites Dog: This PAGA Lawsuit Is Different

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless...more

Epiq

Claims Noticing

by Epiq on

When sending high-volume mailings to thousands or even millions of claimants/constituents, entities are exposed to economic and professional reputational risks if the execution of the mailing is flawed or if confidential...more

Fox Rothschild LLP

Due Process For Domestic Violence Defendants

by Fox Rothschild LLP on

A new domestic violence decision, M.D.C. v. J.A.C., not only confirms that defendants in a domestic violence proceeding are entitled to due process, but also goes a step further by asking the Supreme Court’s Family Practice...more

McManis Faulkner

Punitive Damages: A Brief Comparison of Federal and California Practice [Part 1 of 5]

by McManis Faulkner on

Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time, other procedures are entirely distinct. As a matter of...more

Jackson Lewis P.C.

Lawsuit Filed Against California’s Attorney General Alleging The Private Attorney General Act (“PAGA”) Is Unconstitutional

by Jackson Lewis P.C. on

On November 28, 2018, the California Business & Industrial Alliance (an association that represents the interests of small and mid-sized businesses in California and which was formed for the specific purpose of accomplishing...more

Jones Day

Out of State, Out of Luck: Federal Court Rejects Nationwide TCPA Class Action Claims

by Jones Day on

The Situation: A federal court recently considered whether a plaintiff could maintain a nationwide Telephone Consumer Protection Act ("TCPA") class action brought on behalf of class members who did not reside in the state...more

Robinson+Cole RLUIPA Defense

Islamic Community Center Denied Variance Needed to Operate Mosque; Files Lawsuit Against Michigan City

by Robinson+Cole RLUIPA Defense on

Earlier this month, an Islamic community center filed suit against the City of Troy, Michigan (“City”) after the City denied the group’s application for a variance needed to operate a mosque at the property it owns in the...more

Franczek Radelet P.C.

Proposed Title IX Regulations Raise Many Questions, Particularly for K-12 Schools

by Franczek Radelet P.C. on

On Friday, the U.S. Department of Education issued proposed regulations that its Office for Civil Rights (OCR) would use to investigate complaints against schools under Title IX of the Education Amendments of 1972. Title IX...more

Hodgson Russ LLP

Court Rules White House Cannot Revoke Existing Press Pass Without Due Process

by Hodgson Russ LLP on

United States District Judge Timothy Kelly ruled last week that the White House violated due process when it indefinitely suspended the press pass of CNN reporter Jim Acosta. The White House suspended Acosta’s “hard...more

Holland & Knight LLP

Newly Proposed Title IX Regulations Promise Sweeping Changes

by Holland & Knight LLP on

• The U.S. Department of Education (Department) on Nov. 16, 2018 proposed sweeping changes to the regulations implementing Title IX, the federal law prohibiting sexual harassment and sex discrimination. • The newly...more

Ballard Spahr LLP

Court: White House Violated Constitution In Yanking CNN Press Pass

by Ballard Spahr LLP on

U.S. District Judge Timothy Kelly in an oral ruling at 10 a.m. today ordered the White House to return CNN correspondent Jim Acosta's White House "hard pass" immediately.  ...more

Thompson Coburn LLP

Labeling of meat at ‘steak’ in constitutional challenge to Missouri law

by Thompson Coburn LLP on

On the day Missouri’s former governor Eric Greitens resigned from office, he signed legislation making it a misdemeanor to sell a product represented as “meat that is not derived from harvested production livestock or...more

Pillsbury - Gravel2Gavel Construction & Real...

Illinois Supreme Court Reverses Circuit Court Finding Lack of Jurisdiction Over Public Utility Administrative Actions

On October 18, the Illinois Supreme Court decided the case of Ameren Transmission Co. of Illinois v. Hutchings, et al. According to the Illinois Supreme Court, there is no presumption that Illinois courts have subject-matter...more

Goodwin

Northern District of Georgia Refuses to Strike TCPA Class Allegations Based on Supreme Court Ruling

by Goodwin on

On October 18, 2018, the Northern District of Georgia declined to extend the Supreme Court’s holding in Bristol-Myers Squibb Co. v. Superior Court of Cal., S.F. Cty. to dismiss or to strike the class allegations in a...more

Downey Brand LLP

Court of Appeal Allows CEQA Challenge to PG&E Tree Removal Project to Proceed, But Finds Claims under Planning & Zoning Law...

by Downey Brand LLP on

On October 23, the First Appellate District issued its opinion in Save Lafayette Trees v. City of Lafayette et al. (Case No. A154168) finding that Save Lafayette Trees’ (“Save Lafayette”) CEQA challenge to a Pacific Gas and...more

Carlton Fields

A Treat For Plaintiffs’ Lawyers: Middle District of Florida Finds Bristol-Myers Squibb Inapplicable to Class Actions

by Carlton Fields on

As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court of California. ...more

Foley Hoag LLP

Product Liability Update: October 2018

by Foley Hoag LLP on

First Circuit Holds Personal Jurisdiction Over Foreign Software Services Provider On Claim Arising Under Federal Law Satisfies Fifth Amendment Due Process’ Minimum Contacts Requirement Because Defendant Knowingly Conducted...more

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

DOJ’s Recent Website Accessibility Letter Reaffirms Obligations While Opening the Door to a Due Process Defense

The Department of Justice has finally broken its long silence on website accessibility under the Americans with Disabilities Act (ADA), and the news is both good and bad. The bad: the Department rejected calls from the...more

Perkins Coie

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

by 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

Nutter McClennen & Fish LLP

Court Rules on Remand that it Lacks Long-Arm Jurisdiction Over Tech Company in Defamation Lawsuit

by Nutter McClennen & Fish LLP on

Judge Kaplan recently ruled that the Superior Court does not have jurisdiction over an out-of-state defendant under the Massachusetts long-arm statute, G.L. c. 223A, § 3. The case involves two competing businesses that design...more

Proskauer For Good

The Time Is Now for an Independent Immigration Court

by Proskauer For Good on

Recent events have created an urgent need for an independent Immigration Court separate from the Department of Justice. On October 17, Proskauer hosted a panel discussion in its New York office co-sponsored by Sanctuary for...more

Stange Law Firm, PC

No Service Needed For Collaborative Divorce

by Stange Law Firm, PC on

A requirement when one party has filed for divorce is for the other party to be formally notified. This usually takes place by the sheriff or a special process server serving the divorce papers on the other party. Service...more

Seyfarth Shaw LLP

Domino’s: Ninth Circuit Hears Web Accessibility Appeal Argument

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Due process, DOJ’s failure to enact regulations, and whether the ADA covers websites arguments dominated the recent Domino’s Ninth Circuit oral argument....more

Kramer Levin Naftalis & Frankel LLP

Third Circuit Holds That Share Purchasers Take Shares Subject to Plan, Including Releases of Liability for Debtor’s...

A three-judge panel for the Third Circuit Court of Appeals recently held, in Chapter 15 case In re Arctic Glacier Int’l, Inc., No. 17-2522 (3d Cir. Aug. 20, 2018), that when purchasers of stock of a debtor are on notice of...more

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Privacy Officer
JD Supra, LLC
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Privacy Officer
JD Supra, LLC
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Updates to This Policy

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Contacting JD Supra

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