News & Analysis as of

Remand State Constitutions

Woods Rogers

Virginia Supreme Court Rules in Favor of Teacher Over Use of Pronouns

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The Virginia Supreme Court ruled in favor of a high school teacher, finding that the circuit court wrongly dismissed the teacher’s claims against his former employer, who had terminated the teacher after he refused to use a...more

Patterson Belknap Webb & Tyler LLP

Fourth Circuit Holds that Mootness Does Not Bar Bankruptcy Court Jurisdiction

Federal law assigns to U.S. district courts original jurisdiction over all cases under Title 11 (the Bankruptcy Code) and all civil proceedings arising under Title 11 or arising in or relating to Title 11. See 28 U.S.C. §...more

Bricker Graydon LLP

A new Supreme Court case makes EdChoice challenges more difficult

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On June 30, 2020, the U.S. Supreme Court issued its opinion in Espinoza v. Montana Department of Revenue, which has potential ramifications for public schools across the country that are losing money when students attend...more

Husch Blackwell LLP

Supreme Court Rules On Religious Schools Case: Espinoza v. Montana Department Of Revenue

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On June 30, 2020, the Supreme Court, in Espinoza v. Montana Department of Revenue, ruled that states must allow religious schools to participate in programs that provide scholarships to students attending private schools. ...more

Stoel Rives LLP

U.S. Supreme Court Affirms Religious Freedom in Government Benefits and Employment Decisions

Stoel Rives LLP on

In three cases this term, the U.S. Supreme Court has affirmed the freedom of religious institutions to access government benefits and to make employment decisions....more

Franczek P.C.

U.S. Supreme Court Holds That Prohibiting Government Aid to Private, Religious Schools Runs Afoul of the Constitution

Franczek P.C. on

Recently, the U.S. Supreme Court issued its decision in Espinoza v. Montana Department of Revenue, which held that a State’s decision to bar aid to religious schools violates the Free Exercise Clause of the U.S. Constitution....more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Decision in Espinoza v. Montana Department of Revenue Confirms Availability of Municipal Bond Financing for...

Historically, the ability of a governmental conduit issuer to issue bonds to facilitate a financing for a religious organization or a religiously affiliated school, university, senior housing facility or other nonprofit...more

Seyfarth Shaw LLP

US Supreme Court Landmark Decision Prohibits States from Limiting Aid to Religious Schools That is Available to Secular Schools

Seyfarth Shaw LLP on

In another high-profile 5-4 decision, the majority of the United States Supreme Court ruled on June 30 in Espinoza v. Montana Department of Revenue that Montana’s Supreme Court violated the U.S. Constitution when it struck...more

Holland & Knight LLP

U.S. Supreme Court: Excluding Religious Schools from a Scholarship Program Is Unconstitutional

Holland & Knight LLP on

In Espinoza v. Montana Department of Revenue, No. 18-1195, 2020 WL 3518364 (June 30, 2020), the U.S. Supreme Court ruled that Montana could not exclude religious schools from a tax credit scholarship program on the grounds...more

Roetzel & Andress

And The Wall Between Church And State Continues To Crumble Under The Weight Of The High Court’s Decision In Espinoza v. Montana...

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In a 5-4 decision by Chief Justice John Roberts, the Supreme Court of the United States ruled on June 30 that the “no-aid” to sectarian schools provision, in Article X, Section 6, of the Montana Constitution, which was used...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Espinoza v. Montana Department of Revenue

On June 30, 2020, the U.S. Supreme Court decided Espinoza v. Montana Department of Revenue, No. 18-1195, holding that if a state subsidizes private education, the Free Exercise Clause does not allow the state to deny that...more

Winstead PC

Court Holds That A Party Was Entitled To A Jury Trial On Initial Issues Before A Trial Court Could Modify A Trust

Winstead PC on

In In re Troy S. Poe Trust, trustees of a trust that was embroiled in litigation filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues. No. 08-18-00074-CV, 2019...more

Fisher Phillips

Non-Lawyers Can No Longer Represent Kentucky Employers At Unemployment Proceedings

Fisher Phillips on

The Kentucky Court of Appeals just held that non-lawyers may no longer represent employers in unemployment proceedings, ruling that such a practice is unconstitutional. As a result, you must immediately adjust any business...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Inverse Condemnation/Aquatic Easement: Alabama Supreme Court Addresses Viability of Action Against State Agency

The Supreme Court of Alabama (“Court”) in an August 29 opinion addressed an inverse condemnation action against an Alabama agency. See Portersville Bay Oyster Co., v. Christopher Blankenship, No. 1161101, 2018 WL 4124504...more

McAfee & Taft

Appeals court rules contractual jury trial waiver unenforceable

McAfee & Taft on

Earlier this month, the Oklahoma Court of Civil Appeals issued a decision that threatens the enforceability of contractual provisions waiving the right to a jury trial. In Home Vest Capital, LLC v. Retirement Application...more

Tucker Arensberg, P.C.

Tax Appeals Based on Property Type May Violate State Constitution

Tucker Arensberg, P.C. on

Valley Forge Towers Apartments N, L.P. v. Upper Merion Area School Dist., 2017 Pa. LEXIS 1520, 163 A.3d 962 (Pa. July 5, 2017). (The Pennsylvania Supreme Court holds that school district’s tax assessment appeal policy...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Supreme Court: Improper Application of Project-Influence Rule Resulted in Harmful Error

The Texas Constitution provides that “[n]o person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made.” Tex. Const. art. I, § 17. The Texas Supreme Court has...more

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