Posted 10 Aug 2020 in Commentary Written by: Erich Eiselt

Mays v. Governor, no. 157335 (Mi. July 29, 2020). In a 4-2 opinion affirming the courts below, the Michigan Supreme Court declined to dismiss a class action for inverse condemnation and bodily harm against former Michigan Governor Rick Snyder and other state and local officials for their actions which resulted in toxic water from the Flint River being supplied  to Flint residents, causing a major health crisis, damage to residential water systems and a precipitous drop in property values. For more than...

Posted 27 Jul 2020 in Case Notes, Commentary Written by: Amanda Kellar

On Friday night, the Supreme Court denied a request for an injunction by a church in Nevada seeking to hold in person services on the same terms as other facilities in the State, including casinos.  The order limits religious gatherings to 50 people while allowing restaurants and casinos to operate as 50% capacity. The majority that denied the injunction offered no written opinion accompanying its decision (which is not unusual for this type of request), but Justice Alito (joined by Justices...

Posted 21 Jul 2020 in Case Notes Written by: Erich Eiselt

Education: Third Circuit Adopts New Standard, Holding that Tinker Does Not Proscribe “Off-Campus” Student Speech B.L. v. Mahanoy Area School District, No. 19-1842 (3d Cir. June 30, 2020). In a decision likely to create greater uncertainty about regulation of student posts to non-school social media, the Third Circuit adopts a rule that off-campus communication is not subject to Tinker’s prohibition against creating disruption within schools and holds that a student’s profane snapchat post cannot result in discipline against her. B.L., a junior varsity...

Posted 13 Jul 2020 in Business Written by: Caroline Storer

IMLA is disappointed to announce that the 2020 Annual Conference at the La Quinta Resort and Spa has been cancelled but is excited to announce that in place of our on-site event, we will be offering the Annual Conference virtually! The virtual conference will be a full virtual event with informative sessions and plenty of networking opportunities. IMLA is replicating our full conference through webinars in much the same manner as we have our other virtual events this year. We...

Posted 09 Jul 2020 in Case Notes, Commentary Written by: Amanda Kellar

Today, in a 5-4 decision, in McGirt v. Oklahoma, the Supreme Court held that a large swath of eastern Oklahoma, including most of the city of Tulsa, is “Indian country” for the purposes of the Major Crimes Act (MCA).  In a decision that was as much a history lesson as a debate over statutory text and interpretation, the majority concluded that Congress never disestablished the Creek Nation reservation in Oklahoma and therefore, the state of Oklahoma lacked jurisdiction to criminally...

Posted 18 Jun 2020 in Commentary Written by: Amanda Kellar

Today, in a 5-4 decision, the Supreme Court held that the current administration’s decision to rescind the Deferred Action for Childhood Arrivals program (DACA) was arbitrary and capricious under the Administrative Procedure Act (APA), but 8 Justices agreed that the decision did not constitute and Equal Protection violation.  The facts in this case were fairly unusual because everyone agreed that administration could rescind DACA at any time because it does not like the policy.  But instead, the federal government has...

Posted 15 Jun 2020 in Commentary Written by: Amanda Kellar

The Supreme Court held in a 6-3 opinion in Bostock v. Clayton County, that an employer who fires an individual merely for being gay or transgender violates Title VII.  Writing for the majority, Justice Gorsuch explains “[s]ex plays a necessary and undisguisable role” in an employer’s decision to “fire an individual for being homosexual or transgender”, which is “exactly what Title VII forbids.” The textualist opinion includes numerous examples of why it is “impossible to discriminate against a person for being...

Posted 05 Jun 2020 in Commentary Written by: Amanda Kellar

As lawyers, the ABA model rules of professional conduct tell us that we “should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession.” [i]  Further, as lawyers we are instructed to further the public's understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer...

Posted 29 May 2020 in Case Notes, Commentary Written by: Erich Eiselt

South Bay United Pentecostal Church v. Newsom, no. 19A1044, 590 US ___ 2020 (U.S. May 29, 2020). A 5-4 Supreme Court majority has declined to enjoin Governor Gavin Newsom’s Executive Order restricting in-person religious gatherings. In an apparent response to Justice Kavanaugh’s dissent, Justice Roberts wrote a late-night  individual concurrence, deferring to elected officials responsible for protecting the health of their constituents and citing the fact that California’s limits on the size of in-person activities affect not only worship services but...

Posted 28 May 2020 in Case Notes, Commentary Written by: Erich Eiselt

Burnstown Farms Cannabis Company v. Township of Beckwith, 2019 CanLII 57318 Click here to view. Burnstown Farms Cannabis Company (Applicant) applied for a federal license under the Cannabis Act, S.C. 2018, Chapter 16 (Cannabis Act) to cultivate and produce cannabis on a farm in the Township of Beckwith (Township). The Township has a bylaw that restricts operations on agricultural land to "normal farm practices" as defined in the Farming and Food Protection Act, 1998 (FFPPA). Normal farm practice means that it is "(a) conducted in...