News & Analysis as of

Equal Protection Motion to Dismiss

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Proskauer Rose LLP

Three Point Shot - September 2023

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Shingle Pile/Solid Waste Storage: Federal Court Addresses Equal Protection Claims Against Dallas, Texas

The United States District Court for the District of Texas (“Court”) addressed in an August 4th Opinion issues arising out of a solid waste storage and recycling facility/shingle pile in Dallas, Texas. See Marsha Jackson v....more

Seyfarth Shaw LLP

Exclusion for Gender Reassignment Surgery May Violate Title VII and the Equal Protection Clause

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Seyfarth Synopsis: On December 23, 2019, District Judge Rosemary Marquez ruled, in connection with a motion to dismiss, that Title VII does protect discrimination based on a person’s transgender status, and that a health...more

WilmerHale

Ninth Circuit Watch: Panel Holds That Climate Change Activists Lack Standing to Sue Federal Government

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On January 17, a divided panel of the U.S. Court of Appeals for the Ninth Circuit held in Juliana v. United States that a coalition of young people lacked standing to require the federal government to develop a plan to “phase...more

Seyfarth Shaw LLP

Exclusion for Gender Reassignment Surgery May Disadvantage a “Suspect Class”

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Seyfarth Synopsis: In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person’s transgender status. ...more

Robinson+Cole RLUIPA Defense

As-Applied Challenge to Chicago Parking Standard Survives Motion to Dismiss

“When is this Church like that Library?” The District Court for the Northern District of Illinois considered this question in its review of the City of Chicago’s motion to dismiss a RLUIPA equal terms claim brought against...more

Robinson+Cole RLUIPA Defense

Coffee Shop Church’s Claims Survive Motion to Dismiss, City Amends Code to Permit Use

A federal court in Maryland has denied the City of Laurel, Maryland’s (“City”) motion to dismiss a lawsuit brought by Redemption Community Church (“Church”). ...more

Farrell Fritz, P.C.

Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

Farrell Fritz, P.C. on

In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York, Inc. (“REBNY”) commenced a hybrid article 78 proceeding and plenary action against the City of New York (“City”)...more

Robinson+Cole RLUIPA Defense

Church Ministering To Homeless Secures Preliminary Injunction Against St. Paul, Minn. For Likely RLUIPA And Free Speech Violations

A federal court in Minnesota has issued a preliminary injunction in favor of a local church ministering to the homeless, ruling that the church was likely to prevail on its RLUIPA substantial burden and First Amendment free...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Husch Blackwell LLP

Supreme Court Not Likely to Rule this Term on Issues Affecting Transgender Students’ Access to Restrooms that Correspond with...

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The Supreme Court recently lost an opportunity to address important issues affecting transgender students. On August 25, 2017, the Kenosha Unified School District filed a petition for certiorari after the Seventh Circuit...more

Alston & Bird

Delaware District Court Sets Up Another Marathon Unclaimed Property Battle

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On September 23, 2016, the Delaware federal district court granted the state’s motion to dismiss in Marathon Petroleum Corp., et al. v. Cook, et al., ending (for now) the plaintiffs’ claims that Delaware’s audit of the...more

Robinson+Cole RLUIPA Defense

RLUIPA Defense/Rocky Mountain Sign Law Joint Blog Post: Pennsylvania Borough’s Church Directional Signs Did Not Violate the...

Late last month, a federal district court in Pennsylvania ruled that directional signs to a church, which contained images of a cross and bible, did not violate the Establishment Clause of the First Amendment. The...more

Alston & Bird

Plains All American Case Dismissed – Federal Court Determines Holder Must Develop Factual Record Before Challenging Kelmar...

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On August 16, 2016, the U.S. District Court for the District of Delaware granted Kelmar’s and Delaware’s motions to dismiss in Plains All American Pipeline, L.P., v. Cook, et al. The court determined that the Plaintiff (1)...more

Seyfarth Shaw LLP

If At First You Don’t Succeed, Plead, Plead Again…

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In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were either African-American or Hispanic) alleged that their employer, the New York City Housing Authority...more

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