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Due Process Bias

Marshall Dennehey

Second District Court of Appeal Reinstates Homeowner’s Lawsuit, Assigns New Judge Over Bias Concerns

Marshall Dennehey on

Montes v. Universal Property & Casualty Insurance Co., Fla. 2d DCA, No. 2D2023-1200, February 12, 2025 - The Second District Court of Appeal revived an insurance coverage suit a homeowner brought against his insurance...more

Akin Gump Strauss Hauer & Feld LLP

Ending Radical and Wasteful Government DEI Programs and Preferencing (Trump EO Tracker)

The Director of the Office of Management and Budget (OMB), assisted by the Attorney General and the Director of the Office of Personnel Management (OPM), shall coordinate the termination of all discriminatory programs,...more

Fox Rothschild LLP

Off-the-Record Comments & the Right to an Impartial Final Restraining Order Hearing

Fox Rothschild LLP on

What a judge says before, during or after a hearing “off-the-record” likely sheds light on the Court’s decision making process including, but not limited to, what evidence was considered and whether the proper, relevant legal...more

Littler

First Lawsuit Against Florida’s “Stop WOKE” Bill Filed

Littler on

As we reported previously, Governor DeSantis signed the “Stop WOKE” Act into law on Friday, April 22, 2022. Ten minutes later, five individuals, including three teachers, a student, and an individual consultant who provides...more

Knobbe Martens

Federal Circuit Holds That the PTAB Does Not Have an Impermissible Incentive to Institute IPRs

Knobbe Martens on

MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC Before Newman, Schall, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Fee-funded structure of AIA review proceedings does not violate due process....more

Littler

Federal Court Issues Nationwide Injunction of Executive Order on Diversity and Inclusion Training

Littler on

On December 22, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Executive Order 13950, which seeks to prohibit purported...more

Proskauer - Government Contractor Compliance...

LGBT Advocacy Groups File Lawsuit Challenging President Trump’s Executive Order on Diversity Trainings

Quick Hit: On November 2, 2020, LGBT advocacy groups filed the second challenge to President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). Like the first lawsuit, this lawsuit...more

Proskauer - Government Contractor Compliance...

Civil Rights Groups File Challenge to President Trump’s Executive Order on Diversity Trainings

Quick Hit: On October 29, 2020, civil rights groups filed a lawsuit challenging President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). The Complaint alleges that the Order...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - August 2020: Appeals Raise Constitutional Challenge to PTAB Fee and Compensation Structure

Appellants in New Vision Gaming & Development v. SC Gaming, Inc. f/k/a Bally Gaming, Inc. and Mobility Workx, LLC v. Unified Patents, LLC challenge the constitutionality of the administrative patent judge (APJ) incentive...more

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter – Recent Developments in Risk Management – August 2020

Representing the Estate Executor – Ethical Duty – Confidentiality – Withdrawal - New York State Bar Association Ethics Opinion No. 1194 - Risk Management Issue: Does a lawyer for an estate executor have an ethical duty...more

Perkins Coie

Brown Act Violation Did Not Require Nullification of Project Approval Where No Prejudice Was Shown

Perkins Coie on

The City of Lafayette violated the Brown Act by not including a litigation threat discussed in closed session in the agenda packet made publicly available before the meeting, but plaintiffs failed to show any prejudice...more

Nossaman LLP

Is It the End of Yaqub for Hearing Officer Selection?

Nossaman LLP on

For more than 15 years, the process of selecting a hearing officer for a medical staff peer review proceeding has been strongly influenced by the decision in Yaqub v. Salinas Valley Memorial Healthcare System 122 Cal. App....more

ArentFox Schiff

Court of Appeal Rejects Bias Challenge to Peer Review Hearing Officer

ArentFox Schiff on

The case, Natarajan v. Dignity Health, attracted keen interest as the physician’s arguments, if adopted, would likely have disqualified numerous experienced hearing officers from service in California medical staff peer...more

Hinshaw & Culbertson LLP

Wisconsin Court of Appeals Holds Judge's Undisclosed Facebook Friendship with Litigant is Objectively Bias and Violates Due...

In re: The Paternity of B.J.M.: Miller v. Carroll, Appeal No. 2017AP2132 (Wisc. App. Ct., February 20, 2019) - Brief Summary - The Wisconsin Court of Appeals has held that the establishment of an undisclosed Facebook...more

Akin Gump Strauss Hauer & Feld LLP

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

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