News & Analysis as of

Due Process Injunctions

Harris Beach PLLC

New York’s Crackdown on Illegal Cannabis Sellers Faces Federal Lawsuit

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Less than two months after the state unveiled several initiatives to crack down on illegal cannabis sellers, a group of New York City shop owners has filed a class-action lawsuit, claiming the heavy-handed tactics violate...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

ArentFox Schiff

Court Enjoins Federal Government from Enforcing Key Provisions of Executive Order 13950

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In a major setback for the Trump administration, US District Court Judge Beth Labson Freeman, of the US District Court for the Northern District of California, issued a nationwide injunction, barring the federal government...more

Franczek P.C.

Will Hearing Officers and Courts Order In-Person Instruction as Stay-Put?

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While only a handful of cases have been reported related to districts’ provision of special education services remotely, we are watching carefully for lessons learned. So far, courts have not required in-person instruction as...more

King & Spalding

Federal Court Partially Grants Motion to Dismiss Clearing Way for New HHS Liver Allocation Policy to Go into Effect

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On January 21, 2020, the U.S. District Court for the Northern District of Georgia granted in part and denied in part a motion challenging a new HHS policy for allocating livers to transplant patients in the United States. The...more

White and Williams LLP

Clever Lawyering Does Not Thwart Communications Decency Act Immunity

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Despite a recent trend indicating that it might be on life support, immunity under the Communications Decency Act (CDA) remains alive and kicking, at least in California. Based on Section 230 of the CDA, on July 2, 2018, the...more

Wilson Sonsini Goodrich & Rosati

California Supreme Court Rules That Section 230 of Communications Decency Act Prevents Courts from Ordering Online Services to...

On July 2, 2018, the California Supreme Court issued its long-awaited decision in Hassell v. Bird, a case that challenged the federal statutory immunity that online services have traditionally enjoyed under 47 U.S.C. Section...more

Ballard Spahr LLP

A Five-Star Decision: Yelp's Recent Victory Reaffirms The Broad Protections of Section 230

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In a closely watched decision with significant ramifications for online speech, earlier this week, the California Supreme Court struck down an injunction requiring Yelp, a popular online consumer review platform, to remove...more

Verrill

Poetry in Motion: High School Student/Immigrant Allowed to Participate in Contest Even When Excluded from Eligibility

Verrill on

On April 20, 2018, Judge John A. Woodcock, Jr. of the US District Court of Maine issued a well-reasoned 39 page decision granting an injunction against the National Endowment for the Arts (NEA) from prohibiting a high school...more

Carlton Fields

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

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The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

Littler

What Does the President's Executive Order Blocking Foreign Nationals From Seven Countries Mean for Employment-Based Visas?

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On January 27, 2017, President Trump signed an executive order (among others) titled: “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “Order”). The Order purports to “suspend entry” of both...more

Conn Maciel Carey LLP

Texas Judge Blocks DOL Persuader Rule with Nationwide Permanent Injunction

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On November 16, 2016, a Texas federal judge permanently blocked the U.S. Department of Labor (“DOL”) from enforcing its persuader rule in National Federation of Independent Business, et al. v. Thomas E. Perez, et al., Case...more

Littler

Texas District Court Issues Nationwide Injunction Blocking the Department of Labor’s Persuader Rule

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On June 27, 2016, the District Court for the Northern District of Texas issued a nationwide injunction enjoining the Department of Labor’s (DOL) Persuader Rule, 81 Fed. Reg. 15924.  In reaching this conclusion, the court...more

McDermott Will & Emery

BREAKING NEWS: Sales Tax Battle Breaks Out in South Dakota; Quill’s Last Stand?

On March 22, 2016, South Dakota Governor Dennis Daugaard signed into law Senate Bill 106, which requires any person making more than $100,000 of South Dakota sales or more than 200 separate South Dakota sales transactions to...more

Best Best & Krieger LLP

BB&K Police Bulletin: Gang Injunction: Broad Gang Injunction Violates First Amendment and Due Process Rights

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Overview: The Ninth Circuit recently struck down a state court default judgment and injunction obtained by the Orange County District Attorney’s Office (OCDA) against a local gang and its members based on free speech and due...more

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