News & Analysis as of

Due Process

Butler Snow LLP

Race to the Courthouse: Why Maximum Security Might Lose the Kentucky Derby Twice

by Butler Snow LLP on

For 22 minutes, Maximum Security and owner Gary West were winners of the 145th Kentucky Derby. The horse led almost the entire race, but he never wore the rose blanket reserved for Derby champions. He won the West family more...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Supreme Court: State Agency Actions Affirmatively Misleading People about Procedural Rights Can Be a Violation of Due...

On May 3, 2019, the Texas Supreme Court issued a significant administrative law ruling in the case of Mosely v. Texas Health and Human Services Commission. ...more

Bradley Arant Boult Cummings LLP

“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”

Class actions typically involve a proposed class of plaintiffs seeking recovery from the same defendant on similar grounds. But that is not the only animal in the class action corral. Rule 23 makes this clear in its very...more

Ulmer & Berne LLP

FINRA Proposes To Dispense With Due Process, All Because It’s Failed To Do Its Job Of Policing The Markets

by Ulmer & Berne LLP on

Reading Reg Notice 19-17 makes me think of the legal arguments that I’ve recently read regarding whether a president can be found guilty of obstructing justice if the actions in question were taken out in the open, for...more

Bilzin Sumberg

Coconut Grove Playhouse: Court Finds City Departs Essential Law Requirements

by Bilzin Sumberg on

In Miami-Dade County v. City of Miami, Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County (Case No. 18-000032-AP-01) [26 Fla. L. Weekly 800b], an appeal was filed by Miami-Dade County (the “County”)...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit: Dynamex Decision On Independent Contractor vs. Employee Applies Retroactively

• In Vazquez v. Jan-Pro Franchising Int’l, Inc., the 9th Circuit held that a landmark California Supreme Court decision regarding independent contractors and employees applies retroactively. • The 9th Circuit held that the...more

Ulmer & Berne LLP

The Seventh Amendment Right to Jury for Violations of the Commodity Exchange Act – Part II

by Ulmer & Berne LLP on

This is the second part of a two-part article discussing a defendant’s Seventh Amendment right to jury in an enforcement action by the Commodity Futures Trading Commission under the Commodity Exchange Act for civil monetary...more

Weiner Brodsky Kider PC

9th Circuit Holds Nevada HOA Super Lien Statute is Constitutional and Not Preempted by FHA Mortgage Insurance Program

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Ninth Circuit recently held that Nevada’s homeowner’s association (HOA) super lien statute is constitutional, overruling its previous decision given new Nevada Supreme Court precedent...more

Shipman & Goodwin LLP

See You In Court! - May 2019

by Shipman & Goodwin LLP on

With the arrival of spring and the coming of summer, incidents of student misbehavior increase in Nutmeg each year. This year, Mr. Superintendent has had his hands full in dealing with such matters, and during the executive...more

Foley Hoag LLP

Product Liability Update: April 2019

by Foley Hoag LLP on

First Circuit Holds Subsequent FDA Approval Of Drugs For Pediatric Use Not Conclusive Proof Of Effectiveness At Time Of Sale So As To Preclude Fraudulent Marketing Claims, And Individualized Proof Of Causation Of...more

JAMS

A Step in the Direction of Increased Fairness

by JAMS on

While some educational institutions are waiting for the pending federal regulations to be finalized before changing their Title IX policies and procedures, recent court opinions illustrate that the judicial branch is eager to...more

Ulmer & Berne LLP

The Seventh Amendment Right to Jury for Violations of the Commodity Exchange Act – Part I

by Ulmer & Berne LLP on

This is the first of a two-part article discussing a defendant’s Seventh Amendment right to jury in an enforcement action by the Commodity Futures Trading Commission under the Commodity Exchange Act for civil monetary...more

McGuireWoods LLP

Supreme Court Weighs Constitutionality of State Income Taxation of Trusts

by McGuireWoods LLP on

On April 16, 2019, the U.S. Supreme Court heard arguments in Kaestner v. North Carolina Department of Revenue. The case will address the extent of the state’s authority to tax the income of certain trusts. The trustees of the...more

Eversheds Sutherland (US) LLP

US Supreme Court hears trust nexus oral arguments

On April 16, 2019, the US Supreme Court heard oral arguments for North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, which asks whether the Due Process Clause prohibits states from taxing trusts...more

Estlund Law, P.A.

INTERPOL’s relationship with China- part 2 of 2

by Estlund Law, P.A. on

Following the previous post about China’s violation of its obligations to INTERPOL regarding due process rights and INTERPOL’s lackluster response to those violations, the question of what INTERPOL can do about it bears...more

Estlund Law, P.A.

INTERPOL’s relationship with China, part 1 of 2

by Estlund Law, P.A. on

INTERPOL’s former president, Meng Hongwei, was arrested in China in September of 2018. His wife, Grace Meng, believes that his arrest was politically motivated, considering that Mr. Meng was known for his reformist views....more

Weiner Brodsky Kider PC

5th Circuit Affirms District Court’s Dismissal of Bank’s Constitutional Claims Against FDIC for Lack of Subject Matter...

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Fifth Circuit recently affirmed the district court’s judgment dismissing a Louisiana bank’s lawsuit alleging constitutional violations during administrative enforcement proceedings brought by...more

Sands Anderson PC

Supreme Court of Virginia Opinion Summary: Anderson v. Warden

by Sands Anderson PC on

Plaintiff, a Virginia prison inmate, filed a complaint under 42 U.S. C. section 1983 claiming that prison officials had violated his procedural due process rights during a prison disciplinary proceeding that resulted in a...more

Fox Rothschild LLP

Another Due Process Ruling For Domestic Violence Defendants

by Fox Rothschild LLP on

A few months ago, I blogged about due process for defendants in domestic violence actions. We now have another unpublished decision on this topic but with a different due process violation. In the matter of S.C. v. Z.B.,...more

Proskauer - Minding Your Business

“ADApt your Website”: Key Takeaways from the Domino’s Website Litigation

The United States Court of Appeals for the Ninth Circuit recently issued a decision holding that the Americans with Disabilities Act (“ADA”) applies to websites that connect customers to goods and services offered at a...more

Carlton Fields

Split Over Impact of Bristol-Myers Squibb on Class Actions Deepens

by Carlton Fields on

Bakov v. Consolidated World Travel, Inc. is the latest salvo in the conflict over whether the Supreme Court’s personal jurisdiction decision in Bristol-Myers Squibb applies in the class action context. ...more

Rosenberg Martin Greenberg LLP

Pre-Notice Levies: When the IRS Can Levy Before Notifying Taxpayers of Their Right to a Hearing

One of the most important rights a taxpayer has during the Internal Revenue Service (“IRS”) administrative collection process is to be notified of their right to a collection due process hearing before the IRS issues a levy....more

Womble Bond Dickinson

Supreme Court Hears Argument in TCPA Appeal: What It Could Mean for Your Business

by Womble Bond Dickinson on

Recall that, a couple months ago, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., a TCPA junk fax class action proceeding, setting the stage for what we...more

Womble Bond Dickinson

Court Slashes FCRA Punitive Damages Award from $3 Million to $490,000

by Womble Bond Dickinson on

On March 21, 2019, U.S. Magistrate Judge Staci G. Cornelius in the Northern District of Alabama reduced a FCRA plaintiff’s $3 million punitive damages award to less than $500,000. The court held that the multi-million dollar...more

Seyfarth Shaw LLP

Domino’s To Ask Supreme Court To Consider Whether ADA Website/Mobile App Accessibility Lawsuits Violate Due Process

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Domino’s Likely to File Petition for Certiorari from Ninth Circuit’s Ruling in Robles v. Domino’s....more

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Privacy Officer
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Updates to This Policy

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Contacting JD Supra

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