Posted 25 Mar 2021 in Case Notes, Commentary Written by: Amanda Karras

Today, in Torres v. Madrid, the Supreme Court provided a new rule for determining if a seizure occurs under the Fourth Amendment where force is used, but a suspect gets away.  In a 5-3 ruling (Justice Barrett did not take part in the decision), the Court concluded that “[t]he application of physical force to the body of a person with intent to restrain is a seizure, even if the force does not succeed in subduing the person.” In this case, two...

Posted 10 Mar 2021 in Commentary Written by: C. Douglas Jarrett

Local governments committed to supporting their citizens most adversely impacted by the COVID-19 pandemic should be encouraging the broadband providers serving their communities to take the necessary steps in the next several weeks to establish eligibility to participate in the $3.2 billion Emergency Broadband Benefit Program. This Program is administered by the Federal Communications Commission (FCC) and the Universal Service Administrative Company (USAC). The Program was established in the Consolidated Appropriations Act enacted by Congress in December of last year. It...

Posted 08 Mar 2021 in Case Notes, Commentary Written by: Amanda Karras

Today, in a 8-1 decision, the Supreme Court held in Uzuegbunam v. Preczewski that an award of nominal damages on its own can redress a past injury in order to satisfy Article III, making it harder for local governments to dismiss a case based on a changed policy where no compensatory damages are at issue. In this case, Chike Uzuegbunam was a student at Georgia Gwinnett College. In 2016 campus police told him he could not distribute religious literature in an...

Posted 01 Mar 2021 in Commentary Written by: Deanna Shahnami

March is Women’s History Month!  Since 1995, every U.S. President has issued a series of annual proclamations designating the month of March as “Women’s History Month.”  These proclamations celebrate the contributions women have made to the United States and recognize the specific achievements women have made over the course of U.S. history in a variety of fields—including the legal field. American women of every race, class, and ethnic background have made historical contributions to the growth and strength of this country...

Posted 15 Feb 2021 in Commentary Written by: Deanna Shahnami

Since 1976, every United States President has officially recognized and designated February as Black History Month.  As our society and legal profession have become increasingly aware of historic inequities that still impact people of color and in particular—Black Americans and Canadians—IMLA is committed to providing our members resources that highlight those inequities through our Diversity and Inclusion Section. To celebrate Black History Month, IMLA would like to honor all black lawyers and legal professionals in our membership.  Among our members, IMLA...

Posted 01 Feb 2021 in Commentary Written by: Deanna Shahnami

If you would like to view the article from the Illinois Bar Journal, please click here. Illinois COVID-19 Restrictions and First Amendment Rights. America’s fight against its invisible opponent, COVID-19, is ongoing. In response to COVID-19, communities, state, and local officials continue to issue, extend, and modify emergency orders to stop the spread. These authorities are exercised in a variety of measures, including mask mandates and stay-at-home orders. These orders, often incorporating the Centers for Disease Control and Prevention (CDC) guidelines, include...

Posted 28 Jan 2021 in Commentary Written by: Joshua H. Grabar

Securities class action plaintiffs amassed $2 billion in settlements in 2019.  An average of 224 new federal securities class actions were filed each year between 1997 and 2019, with 428 filed in 2019 alone. [1] In fact, the total financial recovery from settled securities class actions in roughly that same time frame, 1996 to present, is $104,371,151,287 – yes, over $104 billion. [2] In securities class actions, plaintiffs bring a suit as a class seeking compensation from defendants for damages...

Posted 04 Dec 2020 in Case Summaries (eNews), Commentary Written by: Erich Eiselt

Hines v. Quillivan, no. 19-40605  (5th Cir. Dec. 2, 2020). Reversing and remanding on the dismissal of a First Amendment claim but affirming dismissal of an Equal Protection claim, the Fifth Circuit finds Texas' prohibition against veterinarians providing telemedicine advice unless they have actually seen the animal in question-even though medical doctors are not bound by that restriction-is supported by rational basis. This opinion opens with the question presented: "Does a veterinarian have a right to engage in telemedicine for a pet...

Posted 01 Dec 2020 in Case Notes, Commentary Written by: Amanda Karras

The day before Thanksgiving, the Supreme Court issued a per curiam (unsigned) 5-4 opinion enjoining New York from imposing its 10 and 25-person occupancy limits on religious institutions.  Specifically, New York imposed restrictions on attendance at religious services in areas classified as “red” or “orange” zones in the State. In red zones, no more than 10 persons may attend each religious service, and in orange zones, attendance is capped at 25.  Religious entities in the state challenged the order claiming...

Posted 30 Nov 2020 in Business Written by: Deanna Shahnami

Take a moment, close your eyes, and picture yourself in Madrid, sitting outside at a café, enjoying a delicious paella, sipping on a creamy café con leche, gazing fondly across the Plaza Mayor, and wondering silently, where do Spanish local governments derive their authority.  Now, I know what you’re thinking, shouldn’t I pair my paella with a dry rosé from Navarra or maybe an inexpensive red Rioja or other medium-bodied tempranillo or garnacha?  Although a valid question, the answer is...