News & Analysis as of

State and Local Government Jurisdiction

DarrowEverett LLP

Foreign Entity Qualification Requirements: New York, Florida, and Massachusetts

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For many founders, business formation in Delaware is preferrable regardless of where the business plans to operate. There are many reasons for that, including preferable corporate taxes, business friendly laws and...more

Patton Sullivan Brodehl LLP

The Hoops and Hurdles of Bringing Claims Against Local Governmental Entities

The path to bringing claims against local governmental entities, such as cities and counties, is one filled with obstacles that can deliver a fatal blow to the uninformed claimant’s claim. The creation of California’s...more

King & Spalding

Florida Magistrate Judge Rules Against Florida’s Efforts to Prohibit CMS from Enforcing an Informational Bulletin on Health...

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On January 29, 2023, a Florida Magistrate Judge recommended denying the State of Florida’s Motion for Preliminary Injunction and granting CMS’s Motion to Dismiss in connection with the implementation and enforcement of its...more

Best Best & Krieger LLP

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Two

New Legislation Related to Redistricting, Public Works, Advertising, Fire Safety and Planning and Zoning - In Part Two of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation...more

Chartwell Law

NYS Governor Vetoed Bill Which Would Have Expanded Jurisdiction Over Foreign Corporations

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On December 22, 2023, Governor Hochul vetoed Senate Bill S7476, which sought to amend several provisions of New York law, including the Civil Practice Laws and Rules, the Business Corporation Law, the General Associations...more

Goldberg Segalla

Governor Hochul Vetoes Bill Requiring Foreign Corporations to Consent to General Jurisdiction in New York Courts

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On December 22, 2023, New York Gov. Kathy Hochul vetoed Senate Bill S7476, which provided that a foreign corporation’s application for authority to do business in New York constitutes consent to jurisdiction of New York...more

Winstead PC

Texas Legislature Approves HB 2071 Which Revises Public Facility Corporation Exemption for Affordable Housing

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The 88th Regular Session (2023) of the Texas Legislature approved HB 2071 (the "Bill"), which revises the way public facility corporations ("PFCs") can be utilized to own and operate affordable housing. Affordable housing is...more

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

Sixth Circuit Ruling Offers Clarity on Jurisdictional Border Between MSHA and OSHA

The U.S. Court of Appeals for the Sixth Circuit recently added some small clarity to the murky jurisdictional border between the Mine Safety and Health Administration (MSHA) and the Occupational Safety and Health...more

Perkins Coie

Denial of Affordable Housing Project Violated Both Streamlining Statute and Housing Accountability Act

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A trial court had jurisdiction to find that a denial of a permit application violated the Housing Accountability Act (HAA) on remand, even though the Court of Appeal did not expressly instruct the trial court to address the...more

Emmet, Marvin & Martin LLP

Confessions of Judgment: Practices in New York, Pennsylvania, and Ohio

New York attorneys representing commercial lenders often find use for the confession of judgment. This unique tool enables creditors to obtain a monetary judgment against debtors by filing a previously executed affidavit,...more

Rivkin Radler LLP

New York’s “No-Longer-a-Sin” Taxes – Effective? Progressive? Neither?

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Lately I’ve been thinking about the many ways by which members of the public transfer funds to government and the many reasons for which such transfers are made. After all, we’re still in the “season of giving.”...more

Butler Snow LLP

Even Equity Has Limits: What a Reversal of Florida Fortunes for Former President Trump Means for Civil Litigants in Tennessee

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*A recent federal appeals court’s decision to reverse the stoppage of a criminal investigation in Florida has implications for civil litigants in Tennessee.* On December 1, 2022, the U.S. Court of Appeals for the Eleventh...more

Bradley Arant Boult Cummings LLP

You Thought You Were Protected? When a Non-Compete Isn’t Enforceable (Maybe)

If you have or want enforceable non-compete agreements with employees, read on. Here’s a hypothetical: You are looking to hire a salesperson, and you find just the right person, John. Your company has a great...more

Woods Rogers

Civil Interlocutory Appeals In Virginia

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While most appeals do not occur until after a final order is issued by the circuit court, there are instances when an issue is so pressing that an appellate court will resolve it before the case proceeds to final judgment in...more

Bricker Graydon LLP

Ohio's New Ephemeral Stream Law

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On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...more

Butler Weihmuller Katz Craig LLP

Floridians will soon experience swifter justice: Come January 1, 2023, Florida will get a Sixth District Court of Appeal

In an attempt to improve the judicial process, the Florida Supreme Court recommended in November 2021 the addition of a sixth district court of appeal. The court’s recommendation was the result of the work done by the...more

Proskauer - Proskauer For Good

Constitutional Reform of New York Court System Advances

Last week, court reform took a giant step forward in New York State when Senate Judiciary Committee Chair Brad Hoylman and Assembly Judiciary Committee Chair Charles D. Lavine introduced a proposed constitutional amendment to...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Revisits Question of Act 250 Jurisdiction in “One-Acre Towns”

On February 11, 2022, the Vermont Supreme Court revised its analysis in the Snowstone appeal addressing the question of when development triggers Act 250 jurisdiction in so‑called “one-acre towns.” ...more

Haynsworth Sinkler Boyd, P.A.

Business License Tax Standardization Act Goes Into Effect: What This Means For South Carolina Businesses

In September 2020, the South Carolina General Assembly passed the Business License Tax Standardization Act (the Act) to create a more uniform business licensing process across the State’s taxing jurisdictions. The Act...more

Pillsbury Winthrop Shaw Pittman LLP

Sixth and Eighth Circuits Confirm the Broad Applicability of the Price-Anderson Nuclear Industries Indemnity Act

Recent federal court decisions in the Sixth and Eighth circuits affirm holdings in other circuits - The Sixth Circuit, in Matthews v. Centrus Energy Corporation, affirmed that the Price-Anderson Act broadly preempts state...more

Bass, Berry & Sims PLC

The California Insurance Frauds Prevention Act: What to Know About California’s Powerful Commercial Health Insurance Fraud Statute

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Although this blog focuses mainly on the federal False Claims Act (FCA), other antifraud statutes feature in the qui tam relator and government enforcement toolkit. Key among them: the California Insurance Frauds Prevention...more

Williams Mullen

“Sure, You Can Work Remote”...These Words May Have a Huge Cost...

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COVID has not only seen a migration of employees to remote work but has created a new business model that is here to stay. In the midst of COVID, employers were eager to allow their employees to work from home and maintain a...more

Bradley Arant Boult Cummings LLP

Measuring the Long Arm of Texas Courts: When Is an Out-of-State Supplier Subject to Texas Jurisdiction?

Suppliers of construction products and materials frequently find that their products and materials are used in projects located in states where the supplier may not have an office, factory, or production facility. Some...more

McGuireWoods LLP

Big Changes Ahead for Civil Appeals in Virginia

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Following the Virginia General Assembly’s 2021 special session, Gov. Ralph Northam signed into law Senate Bill 1261. This law, which goes into effect Jan. 1, 2022, will significantly change the appellate landscape in Virginia...more

Conn Kavanaugh

Nonlawyer Ownership of Law Firms: Coming to a Jurisdiction Near You?

Conn Kavanaugh on

Traditionally, the only place to seek legal advice in the U.S. has been at a firm owned and run by one or more lawyers. Change, though, may be on the horizon. A few states have loosened the rules that enforce this norm, and...more

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