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State Constitutions

Bowditch & Dewey

Massachusetts Appeals Court Makes Clear in ‘Town versus Gown’ Controversy that “Public Dedication Doctrine Is Not Intended to...

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Ending four years of litigation in consolidated cases filed by the Nahant Preservation Trust, Inc. (“Nahant”) and Northeastern University (“Northeastern” or “the University”), the Massachusetts Appeals Court determined that...more

Miller Starr Regalia

Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From...

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“Do not go gentle into that good night. Rage, rage against the dying of the light.” – Dylan Thomas. In a published decision filed October 7, 2024, the Third District Court of Appeal affirmed the trial court’s judgment...more

Littler

Bracing for Impact if California Voters Approve Statewide Minimum Wage Increase

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At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation. While the...more

Holtzman Vogel Baran Torchinsky & Josefiak

State Supreme Court Decision: Even Year Election Move Violates New York State Constitution

A State Supreme Court Justice in Syracuse found that the new state law moving town and county elections to even years violated the New York State Constitution. The constitutionality of this law, which was enacted last year...more

BakerHostetler

The Supreme Court of Georgia Temporarily Allows LIFE Act

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On October 7, the Supreme Court of Georgia granted the State of Georgia’s Emergency Petition for Supersedeas to stay the order of the Superior Court of Fulton County permanently enjoining Georgia’s Living Infants Fairness and...more

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

Frantz Ward LLP

Who Decides? The Juror Rule Showdown in Ohio Courts

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The right to a trial by jury in Ohio is one of the most fundamental rights in our judicial system. In civil cases, the Ohio Constitution requires concurrence of no less than three-fourths of the jury. Ohio Const., art. I...more

Nossaman LLP

Compliance Notes - Vol. 5, Issue 31

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Campaign Finance & Lobbying Compliance - At its open meeting the week of September 15, 2024, the Federal Election Commission (FEC) approved a Notice of Disposition of a rulemaking and a draft interpretive rule regarding...more

Holland & Knight LLP

Recent Developments in Florida Energy and Environmental Legislation

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In this episode of our "Florida Capital Conversations" podcast series, policy advisor Jon Steverson and attorney Lawrence Sellers discuss significant legislative developments affecting the energy and environmental sectors in...more

(ACOEL) | American College of Environmental...

Pennsylvania Supreme Court Holds State’s Legal Representation Legally Inadequate For Failure To Argue Environmental Rights...

On July 18, 2024, the Pennsylvania Supreme Court decided that environmental groups were entitled to intervene in a case challenging the lawfulness of a greenhouse gas regulation because the state’s attorneys failed to raise...more

Perkins Coie

California Supreme Court Upholds Proposition 22

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The California Supreme Court issued its decision in Castellanos v. State (Castellanos) on July 25, 2024, ruling Proposition 22 (Prop 22), the initiative that allows businesses to classify drivers for app-based transportation...more

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Husch Blackwell LLP

Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

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On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in...more

Foster Garvey PC

SkyCorp Ltd v. King County: Washington Appellate Court Ruling Affirms County’s Authority in Waste Regulation

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The Washington Supreme Court recently denied review of a key decision from the Washington Court of Appeals, Division II, upholding the authority of local governments to regulate solid waste generated and collected within...more

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Benesch

California Supreme Court Unanimously Rules that Uber, Lyft Drivers May Remain Classified as Independent Contractors

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On July 25, 2024, the California Supreme Court unanimously ruled that Uber Technologies Inc. (“Uber”) and Lyft Inc. (“Lyft”) can continue classifying their California drivers as independent contractors....more

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

Michigan Supreme Court Reinstates Voter-Initiated Versions of State’s Paid Sick Leave and Minimum Wage Laws

On July 31, 2024, the Michigan Supreme Court reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA). ...more

Warner Norcross + Judd

Special eAlert and Law Shanty: Michigan Supreme Court Rules Legislature Action Unconstitutional, Reinstates Earned Sick Time and...

In a major decision issued Wednesday, the Michigan Supreme Court reinstated both the Earned Sick Time Leave Act (ESTA) and the Improved Workforce Opportunity Wage Act (IWOWA). As discussed further below, the Mothering Justice...more

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

Supreme Court of California Upholds Law Classifying App-Based Drivers as Independent Contractors

On July 25, 2024, the Supreme Court of California upheld a state law permitting ride-sharing apps to continue classifying their drivers as independent contractors, rather than employees. ...more

Allen Matkins

Is A Notitia Congregationis Valid In California?

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California is a very linguistically diverse state with an estimated 200 plus different languages being spoken.  Within my own family, English is not the primary language spoken at home by any of my grandchildren.  Yet, the...more

Littler

California Supreme Court Upholds Proposition 22

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After years of litigation, the California Supreme Court upheld Proposition 22, a voter-approved law allowing app-based drivers to work as independent contractors. The Court rejected a challenge by a group of labor unions,...more

Bricker Graydon LLP

Key Clauses to Focus on in Local Government Contracts

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When drafting and reviewing local government contracts, it’s imperative that legal counsel understand what language to focus on. There are a number of terms and conditions which political subdivisions cannot agree to under...more

Miller Canfield

Michigan Supreme Court Poised to Rule on Constitutionality of Controversial ‘Adopt-and-Amend’ Policy - What Will It Mean for...

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The Michigan Constitution allows voters to initiate ballot measures to change or propose new laws. These citizen initiatives are made outside of the Legislature, enabling ordinary voters to create policy through the ballot. ...more

Kohrman Jackson & Krantz LLP

Understanding the 2024 Property Reappraisal in Cuyahoga County

On July 9, 2024, the Cuyahoga County Fiscal Officer (the County) released the newly appraised values for properties within their jurisdiction. As required by state law, every county in Ohio is required to update property...more

Snell & Wilmer

Arizona Court of Appeals Strikes Down Arizona’s Guardianship Process That Determines Whether an Individual Has the Capacity To...

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To vote in Arizona, an individual must not be “adjudicated an incapacitated person.” This is an addition to other requirements such as being over 18 years old, a U.S. citizen, and an Arizona resident. Capacity to vote arises...more

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