In That Case: Department of State v. Muñoz
False Claims Act Insights - Railroaded! How to Approach the Twin Tracks of Parallel Proceedings
Law School Toolbox Podcast Episode 334: Listen and Learn -- Standards of Review (Con Law)
Bar Exam Toolbox Podcast Episode 160: Listen and Learn -- Standards of Review (Con Law)
Law School Toolbox Podcast Episode 295: Listen and Learn -- Due Process and Equal Protection (Con Law)
Bar Exam Toolbox Podcast Episode 117: Listen and Learn -- Due Process and Equal Protection (Con Law)
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
Webinar: Investigating and Resolving Sexual Assaults on Campus
Former Solicitor General Ted Olson Discusses 2013's Biggest Supreme Court Case—His.
A group of 21 Democratic AGs filed amicus briefs in two cases pending in the U.S. District Court for the District of Columbia in support of law firms challenging President Trump’s Executive Orders imposing sanctions against...more
As previously discussed, in Engesser v. McDonald, a class of Medicaid beneficiaries who receive personal care and home care services through New York’s CDPA Program (Consumers), and two independent living centers...more
Today, the Supreme Court of the United States granted certiorari in two cases: Ellingburg v. United States, No. 23-3129: This case addresses the Ex Post Facto Clause of the U.S. Constitution, which the government...more
On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more
The United States Supreme Court may soon decide whether U.S. victims of terrorist attacks in Israel may sue the Palestinian Authority (“PA”) and the Palestine Liberation Organization (“PLO)” for damages in U.S. courts. In...more
As previously reported, in April 2024, New York’s Social Services Law was amended to include a substantial change to the state’s Consumer Directed Personal Assistance Program (CDPA Program), a Medicaid-funded program allowing...more
Not too long ago, I wrote about a bill that is currently pending in the Nevada legislature, AB 158. This bill would authorize Nevada courts to exercise general personal jurisdiction over entities on the sole basis that the...more
The Supreme Court refusing to hear a case is nothing new, but an otherwise run-of-the-mill denial of the cert petition in Franklin v. New York, 604 U.S. ____ (2025) was accompanied by statements from Justices Alito and...more
In a recent student discipline case not involving Title IX, the Ninth Circuit emphatically confirmed that a public school student disciplined for misconduct has a due process right to notice of the specific charges and the...more
Is a business temporarily closed by order of the government entitled to compensation? Two groups of plaintiffs have petitioned the U.S. Supreme Court hoping not just for a “yes” but an overhaul of a half-century of regulatory...more
On Friday, March 14, 2025, a unanimous panel of the U.S. Court of Appeals for the Fourth Circuit stayed, pending appeal, the injunction previously entered by Judge Adam Abelson of the U.S. District Court for the District of...more
On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more
On March 17, a bank again asked the U.S. District Court for the Northern District of Texas to dismiss the CFPB’s suit against the bank. As previously covered by InfoBytes, the Bureau filed an amended complaint after the...more
In recent years, a number of colleges and universities have added caste to their list of prohibited classifications under their anti-discrimination policies. Two Hindu professors at a public California university filed suit,...more
On March 10, US District Judge Jed S. Rakoff of the Southern District of New York issued a decision in United States v. Tavberidze, holding that section 3E1.1(b) of the US Sentencing Guidelines, which provides a one-point...more
On March 14, 2025, the United States Court of Appeals for the Fourth Circuit granted the Trump administration’s motion to stay the United States District Court for the District of Maryland’s preliminary injunction on the...more
Many federal contractors and grant recipients are seeking guidance regarding Diversity, Equity and Inclusion (“DEI”) in the wake of the Fourth Circuit Court of Appeals upholding President Trump’s Executive Orders on DEI (“DEI...more
On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the federal government’s request to stay, pending appeal, a nationwide preliminary injunction issued by the U.S. District Court for the District of...more
On February 21, 2025, the U.S. District Court for the District of Maryland entered a preliminary injunction blocking the enforcement of important aspects of two Executive Orders: “Ending Radical and Wasteful Government DEI...more
On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more
On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a Maryland federal judge’s nationwide preliminary injunction that had blocked key portions of the president’s...more
A federal district court judge for the district of Maryland on March 3, 2025, denied the Trump Administration’s motion to stay implementation of a Feb. 21, 2025, preliminary injunction temporarily prohibiting the...more
A Maryland federal judge refused to suspend or narrow the nationwide preliminary injunction against DEI-related executive orders....more
The Honorable Pauline Newman, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, has been battling her suspension from the Court imposed by the Judicial Council for two years (including proceedings leading...more
On March 3 Judge Abelson of the U.S. District Court for the District or Maryland denied the government’s motion for a stay pending appeal of the preliminary injunction halting the termination of equity-related federal grants...more