News & Analysis as of

State Constitutions Statutory Interpretation

Constangy, Brooks, Smith & Prophete, LLP

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Winstead PC

Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit

Winstead PC on

In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more

(ACOEL) | American College of Environmental...

Marbury v. Chevron: The Ohio Constitution’s Separation of Powers Restricts Deference to Administrative Interpretations of Law

Marbury v. Madison established that “[i]t is emphatically the province and duty of the judicial department to say what the law is.” Fast forward 163 years, and section 706 of the Administrative Procedure Act also ordained...more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami Beach “Ban” on Short-Term Rentals Ruled Illegal

Bilzin Sumberg on

In recent years, online platforms like Airbnb and HomeAway have made it easier for property owners to enter into the short-term rental market, which allows property owners to generate supplemental income and defray the cost...more

Akerman LLP - Health Law Rx

You Can't Always Get What You Want

The Florida Fifth District Court of Appeal harmonized the interpretation of state statutory and constitutional language in the first post Amendment 7 case dealing with access to adverse medical incident reports and their use...more

Bradley Arant Boult Cummings LLP

The Sixth Circuit Strikes Down Tennessee’s Cap on Punitive Damages

The Sixth Circuit recently issued a divided opinion holding that Tennessee’s statutory cap on punitive damages, Tenn. Code Ann. § 29-39-104, is unconstitutional. What makes the case interesting is that the court decided the...more

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