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Due Process

Epstein Becker & Green

Cleaning the Cupboard—Six More Decisions in One Day, and a Largely Harmonious Court - SCOTUS Today

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As the end of the term seems to be rushing towards us, the U.S. Supreme Court issued six more opinions yesterday, mostly unanimous or near unanimous....more

Tucker Arensberg, P.C.

Transgender Accommodations and Parental Rights

Tucker Arensberg, P.C. on

A Pennsylvania federal district court held that a school district may have violated fundamental parental rights by not informing a parent of her child’s request to be considered transgender. In 2022, an eighth-grade...more

Venable LLP

Supreme Court Confirms Jurisdictional Requirement for Foreign Sovereigns

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To resolve longstanding confusion over the scope of foreign countries' sovereign immunity in U.S. courts, Congress in 1976 passed the Foreign Sovereign Immunity Act ("FSIA"). The FSIA draws a bright line: "foreign states and...more

Dorsey & Whitney LLP

The Supreme Court Update - June 12, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued six decisions today: Parrish v. United States, No. 24-275: This case addresses the procedural requirements for filing a notice of appeal after the original deadline to appeal...more

White & Case LLP

U.S. Supreme Court Holds that the FSIA Does Not Require Proof of “Minimum Contacts” for a U.S. Court to Exercise Personal...

White & Case LLP on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd. The Court clarified that the Foreign Sovereign Immunities Act permits a U.S. court to exercise personal...more

Barnea Jaffa Lande & Co.

Israel Securities Authority Pecuniary Sanctions: Enforcement Tool or Rights Violation?

The Israel Securities Authority (ISA) has recently begun to take a clearly more aggressive approach toward administrative enforcement. Originally, pecuniary sanctions were intended to provide a swift, proportional, and...more

Akin Gump Strauss Hauer & Feld LLP

PHMSA Revises Pipeline Safety Enforcement Procedures to Strengthen Due Process and Transparency

On June 4, 2025, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) announced revisions to its procedures for pipeline safety enforcement actions. The changes,...more

TNG Consulting

Procedural Fairness Beyond the 2020 Title IX Regulations 

TNG Consulting on

Given that it appears the 2020 Title IX Regulations will remain the regulatory law of the land for at least the next several years, the Title IX field is once again working with a prescriptive set of regulations applicable to...more

McGlinchey Stafford

Timing is Everything: Retroactive Application of the Direct Action Statute Amendment

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Louisiana’s Direct Action Statute was recently amended to remove the right of an injured person or, if deceased, the statutory beneficiaries, to bring a direct action claim against a tortfeasor’s insurer, except in certain,...more

Law Office of Jason Ostendorf

Issue Framing Is the New Battleground in Appellate Advocacy

In appellate practice, there was once comfort in formality. You started with the standard of review, cited black-letter law, and walked the court through a step-by-step application of precedent to facts. But a subtle shift...more

Winstead PC

Court Rules On Personal Jurisdiction In A Trust Dispute, Holding That In Rem Jurisdiction Still Requires Personal Contacts With A...

Winstead PC on

In Hooten v. Collins, a dispute arose between the trustee of a Texas trust and a beneficiary who resided overseas regarding the distribution of trust assets, which primarily consisted of real estate in Texas. No....more

Estlund Law, P.A.

INTERPOL: A Win Is A Win (Or, How Sometimes A Simple Inquiry Results In Red Notice Removal)

Estlund Law, P.A. on

Here’s an odd fact: sometimes an inquiry alone can lead to a Red Notice removal.   INTERPOL’s CCF (the Commission for the Control of INTERPOL’s Files, discussed here) is an unusual venue in which to represent clients....more

Cozen O'Connor

U.S. DOT Proposes Significant Reforms for Administrative Enforcement, Rulemaking, and Guidance

Cozen O'Connor on

The U.S. Department of Transportation (DOT) has issued a Notice of Proposed Rulemaking (NPRM) that, if finalized, would represent a consequential shift in how DOT conducts enforcement actions and develops regulations and...more

Holland & Knight LLP

New York Court of Appeals to Determine Whether FAPA Can Be Applied Retroactively

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The U.S. Court of Appeals for the Second Circuit, in the matter of Article 13 LLC v. Ponce De Leon Fed. Bank, 132 F. 4th 586, 594 (2d Cir. 2025), certified the following questions to the New York Court of Appeals on March 25,...more

Goodwin

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

Goodwin on

On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

Greenbaum, Rowe, Smith & Davis LLP

Federal Court Dismisses Constitutional Challenge to New Jersey’s Telehealth Law

On May 12, 2025, the U.S. District Court for the District of New Jersey entered a decision dismissing a lawsuit filed by a Massachusetts radiation oncologist and a Pennsylvania neurosurgeon, which claimed New Jersey’s...more

Epstein Becker & Green

Presidential Deportation Powers Still Subject to Due Process - SCOTUS Today

Epstein Becker & Green on

Late on Friday, May 16, in the case of A.A.R.P. v. Trump, the U.S. Supreme Court enjoined the Trump administration from carrying out further deportations under the Alien Enemies Act of 1798 (the “Act”) of 176 Venezuelan...more

Allen Matkins

Is This Harvard Magazine Article Incorrect?

Allen Matkins on

There have been numerous news reports about the discovery of an original Magna Carta at the Harvard Law School Library, including this article in Harvard Magazine.  According to these reports, a document previously...more

Kilpatrick

5 Key Takeaways | Retroactive Taxation: Legal Framework, State Applications, and Policy Implications

Kilpatrick on

Kilpatrick’s David Hughes recently moderated a panel discussion at the ABA Tax Section May 2025 Meeting in Washington, D.C. on the topic of “Retroactive Taxation: Legal Framework, State Applications, and Policy Implications.”...more

Goulston & Storrs PC

Equal Protection Not on the Menu This Time

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In North End Chamber of Commerce (“NECC”) v. City of Boston, the NECC and several restaurants in the North End neighborhood of Boston (“Plaintiffs”) filed suit against the City of Boston (“City”), alleging that the City...more

Offit Kurman

Due Process in South Carolina Then and Now: Lessons from George Stinney's Case

Offit Kurman on

George Stinney was fourteen years old when he was arrested for the murder of Betty June Binnicker and Mary Emma Thames in Alcolu, South Carolina. He is one of the youngest Americans sentenced to death and executed in the 20th...more

Offit Kurman

Serving Hard-to-Find Defendants – Motions for Alternate Service

Offit Kurman on

Filing a complaint in a New York court can be easy. But after a plaintiff files that complaint, the plaintiff must serve the defendant with the summons and complaint. Failing to serve the defendant properly may lead the case...more

Seyfarth Shaw LLP

Federal Court Declines to Block DEI Executive Orders, Rejecting Due Process and First Amendment Arguments

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On May 2, 2025, a federal district court in Washington, DC declined to issue a preliminary injunction blocking provisions of recent Executive Orders (EO 14151, EO 14168, and EO 14173) which are focused on unlawful DEI...more

Arnall Golden Gregory LLP

The DEI Battle Continues: District Court Denies Motion to Dissolve Preliminary Injunction

On May 1, 2025, the latest development unfolded in the ongoing battle between the Trump administration and certain trade groups challenging the validity of the president’s executive orders on diversity, equity, and inclusion...more

JND Legal Administration

Beyond Due Process – The Shortcomings of Rule 23-Only Notice Programs and the Need for Quality Notice

Class action notice programs are intended to satisfy Rule 23 due process requirements and ensure that class members receive reasonable notice of settlements. Unfortunately, many notice programs seem designed just to satisfy...more

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