News & Analysis as of

Right to Peaceful Assembly First Amendment

Robinson+Cole RLUIPA Defense

Fourth Circuit: Church Seeking to Operate as Brewery or Farm Winery Did Not State RLUIPA Claim

The Fourth Circuit has ruled against the Alive Church of the Nazarene’s claims that Prince William County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLIUPA) by denying the Church the...more

Jaburg Wilk

The First Amendment Protects Only Some Arizona Students

Jaburg Wilk on

Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 24, September 2020

This 24th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a flurry of activity around government restrictions on mass gatherings and business operations -- including a significant ruling from...more

Littler

Pennsylvania Federal Judge Finds Governor Wolf’s Pandemic Restrictions Unconstitutional

Littler on

Pennsylvania’s gathering limitations, business shutdown and stay-at-home orders violate the United States Constitution, according to a federal judge in the Western District of Pennsylvania, who enjoined enforcement of those...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 6

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

Spilman Thomas & Battle, PLLC

The U.S. Supreme Court Sides with PA on the Shutdown Showdown—for Now

On referral from Justice Alito to the full court, the Supreme Court of the United States on Wednesday denied an application to halt the enforcement of Pennsylvania Governor Wolf’s shutdown order. As we reported earlier, the...more

Best Best & Krieger LLP

COVID-19 Safety Orders v. the First Amendment

A California Federal Court Weighs-In on Religious Group’s Challenge - A federal court in California refused to stop enforcement of state and county COVID-19 health orders that barred large gatherings, including religious...more

Spilman Thomas & Battle, PLLC

Challenges to Shutdown Orders Reach the U.S. Supreme Court

On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s...more

Seyfarth Shaw LLP

Courts Consider the Constitutionality of PPP Loans Under the CARES Act, Government Shutdown Orders, and Signature Requirements for...

Seyfarth Shaw LLP on

As the pandemic continues, courts are addressing COVID-19-related constitutional challenges. The most recent cases address the eligibility requirements for Paycheck Protection Program loans (“PPP” loans), gubernatorial orders...more

Spilman Thomas & Battle, PLLC

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19: Week of April 5

First wrongful death lawsuit from COVID-19 filed against employer.   Despite Walmart taking extensive measures to protect "associates and customers, including additional cleaning measures, installing sneeze guards at...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

Robinson+Cole RLUIPA Defense

North Carolina City’s Zoning Code Amendment “At The Cross”-Road of RLUIPA Claim

Recent amendments to the zoning code of the City of Monroe, North Carolina (the “City”) are unconstitutional, according to the Complaint filed by At the Cross Fellowship Baptist Church (the “Church”), a congregation of...more

Mintz - Employment Viewpoints

What Can You Say in the Workplace? Whatever Your Employer Allows You to Say...

The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace....more

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