News & Analysis as of

State Constitutions Due Process

BakerHostetler

Georgia Abortion Law Struck Down as Unconstitutional

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On September 30, the Superior Court of Fulton County held that the Georgia Living Infants Fairness and Equality Act (the LIFE Act) is unconstitutional on both due process and equal protection grounds. Accordingly, Georgia’s...more

Littler

Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

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In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ohio Supreme Court Rules That Municipalities Could Temporarily Collect Income Tax From Remote Workers During Pandemic

On February 14, 2024, in Schaad v. Alder, the Supreme Court of Ohio upheld the constitutionality of a temporary Ohio law allowing municipalities where a principal place of business was located to collect income tax from...more

BakerHostetler

Ohio Supreme Court Issues Important Municipal Income Tax Decision on Remote Work

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The Ohio Supreme Court issued its long-awaited decision in Schaad v. Alder, Slip Opinion No. 2024-Ohio-525, decided on February 14, 2024. ...more

Holland & Knight LLP

Religious Institutions Update: January 2024

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Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more

Jones Day

In Keeping With Global Trend, Youths Continue to Advance Climate Litigation in the United States in 2023

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On August 14, 2023, a Montana state court issued a first-of-its-kind judgment in the United States in favor of young plaintiffs in climate litigation. The action Held v. Montana featured 16 youth plaintiffs alleging that...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Simon Says Protect My Reputation: Understanding Pennsylvania’s Constitutional Right To Reputation

Unlike the United States Constitution, the Pennsylvania Constitution explicitly identifies reputation as a fundamental right. Although Pennsylvanians have enjoyed this right since 1790, jurists largely ignored reputation’s...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Retroactivity and Recalls

This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot...more

Eversheds Sutherland (US) LLP

No loss: Stricken by the Pennsylvania Supreme Court, the NOL deduction nevertheless is allowed 

In General Motors Corporation v. Commonwealth, the Pennsylvania Supreme Court held that the state’s prior flat $2 million cap on a corporate taxpayer’s net operating loss (NOL) deduction violated the state constitution’s...more

Nossaman LLP

COVID-19 Update: Courts Rule Limitations on Evictions Not a Taking

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In response to the COVID-19 pandemic a number of local jurisdictions throughout the country adopted ordinances freezing rents and prohibiting or limiting evictions. Not surprisingly, some landlords were not particularly...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Nossaman LLP

COVID-19 Takings Lawsuit Filed in California

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As first reported by our good friends at inversecondemnation.com, a lawsuit has been filed in California alleging that the response by state and county agencies to the COVID-19 situation violates the state and federal...more

Epstein Becker & Green

Who’s Up Next? Now It’s Ride-Share and Delivery Companies’ Turn to File Suit Challenging California’s Controversial New...

AB 5, California’s hastily passed and controversial independent contractor statute, which codifies the use of an “ABC test,” is set to go into effect on January 1, 2020. Already, the California Trucking Association has filed...more

Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

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Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Jones Day

First Impressions: Eleventh Circuit Rules That Equitable Mootness Applies in Chapter 9 Cases

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In Bennett v. Jefferson County, Alabama, 899 F.3d 1240 (11th Cir. 2018), a panel of the U.S. Court of Appeals for the Eleventh Circuit ruled as a matter of first impression that the doctrine of equitable mootness applies in...more

Seyfarth Shaw LLP

Man Bites Dog: This PAGA Lawsuit Is Different

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Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless...more

Michigan Auto Law

Detroit Mayor Duggan’s No-Fault lawsuit

Michigan Auto Law on

Here’s the easy fix to Mayor Duggan’s lawsuit to find Michigan’s auto No Fault law unconstitutional and repeal No Fault law - There’s an easy fix staring us in the face to Mayor Duggan’s lawsuit that was filed last...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Rules Tax on Trust Unconstitutional

On Friday, the North Carolina Supreme Court issued its opinion in a closely watched state tax case, holding the state’s taxation of a trust unconstitutional. In The Kimberley Rice Kaestner 1992 Family Trust v. North Carolina...more

Eversheds Sutherland (US) LLP

Retroactive application of unclaimed property law for life insurance deemed unconstitutional in Florida

Legislation requiring the life insurance industry to conduct searches of the Social Security Administration’s Death Master File (DMF) and set the trigger for the escheatment dormancy period at the date of an insured’s death...more

Cranfill Sumner LLP

Significant Opinion Affecting Governmental Employers

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North Carolina Supreme Court recognizes a new claim in favor of governmental employees pursuant to the North Carolina Constitution. The North Carolina Supreme Court has recognized a new right pursuant to Article I, Section...more

McDermott Will & Emery

Texas Court Strikes Down Prohibition on Payments for Brand Rights

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Late last week, a district judge in Texas declared unconstitutional under the Texas Constitution a provision of the state’s Beer Industry Fair Dealing Law (i.e., the beer “franchise” law) that expressly prohibits a brewer...more

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