News & Analysis as of

Fourteenth Amendment Summary Judgment

Carlton Fields

As Anticipated: SCOTUS Makes the Appellate Process of Purely Legal Issues Less Stringent

Carlton Fields on

In a prior post, we discussed the oral argument in Dupree v. Younger, in which the U.S. Supreme Court questioned the preservation requirement in a minority of circuits that a purely legal issue resolved at summary judgment be...more

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

In Dupree, Supreme Court Unanimously Decides “Purely Legal” Issues Decided at Summary Judgment are Preserved for Appeal

On May 25, 2023, the US Supreme Court issued its opinion in Dupree v. Younger, which resolved a split among the courts of appeals concerning whether “purely legal” issues raised at the summary-judgment stage must be re-raised...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Dupree v. Younger

On May 25, 2023, the U.S. Supreme Court decided Dupree v. Younger, No. 22-210, holding that a purely legal question raised in a motion for summary judgment is preserved for appellate review, even if the issue is not renewed...more

Holland & Knight LLP

Religious Institutions Update: July 2022

Holland & Knight LLP on

Maine Scholarship Program Excluding Sectarian Schools Unconstitutional. In Carson v. Makin, 142 S.Ct. 1987 (2022), the U.S. Supreme Court struck a tuition assistance program that requires school districts to transmit payment...more

McAfee & Taft

Court applies Bostock’s “because of… sex” ruling to Title IX case

McAfee & Taft on

This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

Robinson+Cole RLUIPA Defense

Hand of Hope RLUIPA Claims Survive Summary Judgment

Hand of Hope Pregnancy Resource Center (“Hand of Hope”) is a non-profit in Raleigh, North Carolina with the mission to “affirm the value of life from conception by compassionately sharing the gospel of Jesus Christ[.]” ...more

Holland & Knight LLP

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more

Robinson+Cole RLUIPA Defense

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

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