The Fourth Circuit has ruled against the Alive Church of the Nazarene’s claims that Prince William County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLIUPA) by denying the Church the...more
In the age of instant social media, there is a tendency to immediately threaten or actually initiate litigation to stop activities deemed as limiting political activity. Many states have what are called anti-SLAPP...more
Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only...more
The Escazú Agreement came into force in April 2021 with 12 ratifications (out of a possible 33) from Latin American and Caribbean countries. Guided by a secretariat at the Economic Commission for Latin America and the...more
The Massachusetts Supreme Judicial Court on December 10, 2020 rejected a broad challenge to Governor Baker’s authority to issue emergency orders intended to combat the ongoing COVID-19 pandemic. Rejecting both the plaintiffs’...more
This 24th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a flurry of activity around government restrictions on mass gatherings and business operations -- including a significant ruling from...more
Pennsylvania’s gathering limitations, business shutdown and stay-at-home orders violate the United States Constitution, according to a federal judge in the Western District of Pennsylvania, who enjoined enforcement of those...more
This information could come in handy for employers. The National Labor Relations Board has made public three Advice letters dealing with the two hottest topics of our times: Political activism, and COVID-19. In each case, a...more
The U.S.-China trade war continues to escalate, most recently fueled by U.S. concerns over China’s assertion of increasing authority over Hong Kong. The U.S. and Chinese governments have exchanged jabs through the use of...more
This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more
On referral from Justice Alito to the full court, the Supreme Court of the United States on Wednesday denied an application to halt the enforcement of Pennsylvania Governor Wolf’s shutdown order. As we reported earlier, the...more
A California Federal Court Weighs-In on Religious Group’s Challenge - A federal court in California refused to stop enforcement of state and county COVID-19 health orders that barred large gatherings, including religious...more
On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s...more
As the pandemic continues, courts are addressing COVID-19-related constitutional challenges. The most recent cases address the eligibility requirements for Paycheck Protection Program loans (“PPP” loans), gubernatorial orders...more
In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more
First wrongful death lawsuit from COVID-19 filed against employer. Despite Walmart taking extensive measures to protect "associates and customers, including additional cleaning measures, installing sneeze guards at...more
A federal court in Maryland has denied the City of Laurel, Maryland’s (“City”) motion to dismiss a lawsuit brought by Redemption Community Church (“Church”). ...more
Recent amendments to the zoning code of the City of Monroe, North Carolina (the “City”) are unconstitutional, according to the Complaint filed by At the Cross Fellowship Baptist Church (the “Church”), a congregation of...more
The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace....more