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State Constitutions

Fenwick & West LLP

Delaware Supreme Court to Consider Constitutionality of SB 21

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The Delaware Supreme Court has agreed to accept questions certified to the court relating to the constitutionality of Senate Bill 21 (SB 21), which was signed into law back in March 2025. ...more

Jones Day

Youth Climate Litigants See Success in One State, Dismissal in Another

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On December 18, 2024, the Montana Supreme Court ruled in the case of Held v. Montana, finding that the Montana Environmental Policy Act ("MEPA") violated the state's constitution. In the midst of great change to the federal...more

Bond Schoeneck & King PLLC

Religious Charter Schools Continue to be Impermissible…for Now

The State of Oklahoma has a charter school law similar in many respects to New York’s Charter Schools Act. Like in New York, Oklahoma charter schools are authorized by a state board via charter agreements between the state...more

Baker Donelson

The Supreme Court Declines to Require Religious Charter Schools

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In a one-sentence, 4-to-4 per curiam decision, the Supreme Court upheld the Oklahoma Supreme Court's ruling that approval of a religious school's participation in the state's charter school program would violate the...more

Fenwick & West LLP

Nevada Legislature Adopts Significant Amendments to its Corporate Law to Further Entice Corporations to Incorporate or...

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Not to be outdone by Delaware and Texas, the Nevada Senate voted unanimously on May 21, 2025, to adopt Assembly Bill No. 239 (AB 239), which provides for significant amendments to the Nevada Revised Statutes (NRS) governing...more

Rumberger | Kirk

Supreme Court Denies First Religious Charter School, Leaves Question Over Constitutionality Unresolved

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On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St....more

Polsinelli

Missouri's Repeal of Paid Sick Leave and Portions of Minimum Wage: What’s Next for Proposition A

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On May 14, 2025, the Missouri Senate voted 22-11 to repeal portions of Proposition A, the voter-approved initiative that increases the state’s minimum wage and requires employers to provide earned paid sick leave....more

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

Missouri Paid Sick Time Law Still Stands After State Supreme Court Ruling

On April 29, 2025, the Supreme Court of Missouri upheld Proposition A, the voter-approved initiative that mandates paid sick time and raised the minimum wage....more

Bricker Graydon LLP

Play Your Cards Right: Gambling Regulations and Local Government

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Gambling has long held a tight grasp on Ohio and its citizens. From state lotteries to sports betting, Ohio has established itself as a leader in the regulated world of gambling. But how does this impact local governments?...more

Snell & Wilmer

Two More Tribes Enter Suit Over California Card Rooms’ Banked Games

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“Defendants [California card rooms] operate, participate in, and facilitate illegal gambling,” according to a complaint filed on April 1, 2025, by the Rincon Band of Luiseno Indians (the Rincon Band) and the Santa Ynez Band...more

Constangy, Brooks, Smith & Prophete, LLP

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

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On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Winstead PC

Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit

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In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more

Troutman Pepper Locke

NOT SO FAST . . . South Dakota Seeks to Enjoin House Settlement Approval

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With the final approval hearing for the House settlement before Judge Wilken in the Northern District of California set for April 7, the state of South Dakota has continued its battle to prevent that settlement from getting...more

Chartwell Law

The Tennessee Supreme Court Reaffirms Tennessee’s Adherence to the Employment-at-Will Doctrine

Chartwell Law on

In a landmark decision, the Supreme Court of Tennessee recently ruled in Heather Smith v. BlueCross BlueShield of Tennessee that the right to petition in Article I, Section 23 of the Tennessee Constitution does not provide a...more

BCLP

Missouri House of Representatives Passes HB 575, Imposing Residency Requirements and Banning Per-Signature Payments for Initiative...

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Today, the Missouri House of Representatives passed House Bill 575, which contains two new provisions applicable to statewide initiative petition circulators....more

Holland & Knight LLP

New York Court Strikes Down CDPAP Reimbursement Changes

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In a significant development for fiscal intermediaries (FIs) and the Consumer Directed Personal Assistance Program (CDPAP), a New York Supreme Court Justice ruled on March 20, 2025, that the New York State Department of...more

Jones Day

Montana Supreme Court Holds State Constitution Includes Protections Against Climate Change

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Throughout 2024, young Americans from states like Oregon, California, and Hawaii turned to litigation, arguing that court intervention is necessary to protect them from climate change. The young plaintiffs spearheading these...more

Littler

New York Court Issues Decision and Order Declaring the DOH’s August 2024 Reimbursement Rate Adjustment for Fiscal Intermediaries...

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On March 20, 2025, a New York Supreme Court Justice in Albany County issued a decision and order declaring the New York State Department of Health (NY DOH)’s August 2024 implementation of an administrative rate reimbursement...more

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

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more

Bodman

Michigan Supreme Court Holds that a Tax Cannot be Disguised as a Franchise Fee in Violation of Headlee

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The Michigan Supreme Court released an opinion yesterday holding that a municipality may not disguise a tax by imposing a utilities franchise fee upon consumers through a utilities franchise agreement when that agreement...more

Holtzman Vogel Baran Torchinsky & Josefiak

Second Department Reverses Trial Court and Holds State Voting Rights Act to Be Constitutional

On January 30, 2025, the Appellate Division Second Department handed down a decision regarding the constitutionality of the New York State Voting Rights Act. The case, Clarke v. Town of Newburgh, concerned a challenge under...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

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On January 20th, President Trump issued an executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Trust to the Federal Government.” The executive order included provisions for the...more

Pierce Atwood LLP

Vested Rights Revisited

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In recent years, numerous state courts across the country have been asked to consider the question whether a plaintiff’s claim can be retroactively revived by the legislature after the claim has been extinguished by a statute...more

Beveridge & Diamond PC

New York Courts Provide Additional Guidance on Implementation of Green Amendment

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Based on recent decisions, judicial interpretation of New York’s Environmental Rights Amendment (also called the Green Amendment) continues to evolve. The Green Amendment guarantees New Yorkers a “right to clean air and...more

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