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Posted 28 Jun 2022 in Case Summaries (eNews) Written by: Amanda Karras

Yesterday, the Supreme Court held in a 6-3 decision in Kennedy v. Bremerton School District that a school district violated the First Amendment’s Free Speech and Free Exercise Clauses when it terminated the employment of a high school football coach for refusing to curtail his practice of praying at the 50-yard line after football games with students.  Significantly, the majority also overruled Lemon v. Kurtzman and the Establishment Clause’s “endorsement test,” though it does so without explicitly saying so (calling...

Posted 16 Jun 2022 in Commentary

In 2020, George Floyd’s murder reminded the United States to look at the mistreatments the country commits to African Americans since their ancestors were forced into slavery.  The result of that reckoning was a formal recognition of a holiday that had been celebrated by African American communities across the nation for over 150 years.  That day was June 19th which is recognized as the final emancipation of African Americans’ enslaved ancestors.  On June 19, 1865, Major General Gordon Granger led...

Posted 03 May 2022 in Case Notes Written by: Amanda Karras

Yesterday, in a unanimous decision in Shurtleff v. Boston, the Supreme Court held that Boston violated the First Amendment by refusing to fly a Christian flag in front of City Hall when it had approved hundreds of other third-party flags over the years prior to this one and never rejected one until now.  This case centered on whether Boston was engaging in government speech or whether it had (inadvertently) created a public forum for private speech, whereby refusing to fly...

Posted 21 Apr 2022 in Case Notes Written by: Amanda Karras

Today, in a great win for local governments, the Supreme Court held in Austin v. Reagan Nat. Advertising of Austin that distinctions between on/off-premises signs are content neutral under Reed v. Town of Gilbert and therefore not subject to strict scrutiny.  Even better, the majority rejected the “need to read test”, which had been adopted by both the Fifth and Sixth Circuit, and the decision also seems to have narrowed Reed’s scope, all in one fell swoop. At issue in this...

Posted 31 Mar 2022 in Commentary Written by: Deanna Shahnami

The International Municipal Lawyers Association (IMLA) made history this year when Amanda Karras became the first woman to ever be its Executive Director and General Counsel.  This new leadership deserves a new introduction. In 14 years, Amanda has built a family (with her husband and two daughters) and legal career—majority of which has been with IMLA.  Her legal journey began after she graduated Colby College in Maine.  What would turn into a gap year, she worked in a social-worker-type position...

Posted 23 Mar 2022 in Commentary Written by: Deanna Shahnami

Happy Women’s History Month! IMLA is MARCHing its way through U.S. Women’s History Month.  We would like to recognize and celebrate the women of our membership, who were nominated by their peers for their extraordinary work in local government.  IMLA continues its mission to maintain intentional efforts to provide helpful resources for initiatives related to diversity, equity, and/or inclusion.  March is a reminder that women have and still face adversity (in employment, law, healthcare, etc.) as a single class or under...

Posted 15 Feb 2022 in Commentary Written by: Deanna Shahnami

Happy Black History Month! February is nationally recognized to celebrate the achievements of African Americans.  As our society and legal profession have become increasingly aware of historic inequities that still impact people of color and in particular—Black Americans—IMLA works hard to provide our membership with the most updated resources on equity, bias, and racial injustice.  IMLA acknowledges that legal advancement co-exist with new legal barriers.  IMLA will not falter in its mission to aide local governments in achieving sustainable, equitable and...

Posted 13 Jan 2022 in Case Notes Written by: Lisa Soronen

In National Federation of Independent Businesses v. Department of Labor the U.S. Supreme Court disallowed the Occupational Safety and Health Administration’s (OSHA) emergency rule from going into effect temporarily, which requires those who work for employers with 100 or more employees to be vaccinated. Such employers instead could require unvaccinated employees to be tested weekly for COVID-19 and wear a mask. In Biden v. Missouri the Court allowed to go into effect temporarily while litigation in the lower courts continues, an...

Posted 05 Jan 2022 in Business Written by: Caroline Storer

As of January 1, 2022 Amanda Karras will lead IMLA as Executive Director / General Counsel. Ms. Karras has worked at IMLA for 8 years with the previous positions of Deputy General Counsel and Director of Legal Advocacy. In the capacity of Executive Director and General Counsel, Ms. Karras will oversee IMLA’s governance and staff.  Ms. Karras will also continue to oversee IMLA’s legal advocacy efforts with the United States Supreme Court, Circuit Courts, and state appellate courts. Ms. Karras has...

Posted 17 Dec 2021 in Case Summaries (eNews) Written by: Erich Eiselt

Yesterday, District Court Judge Colleen McMahon vacated Bankruptcy Judge Robert Drain’s confirmation of the Purdue Plan of Reorganization (In re Purdue Pharma L.P., no. 21-cv-07532 (S.D.N.Y. Dec. 16, 2021)). As discussed in IMLA’s Opioid Group calls, under the Plan, the Sackler family members were to receive complete releases from all civil liability--even though they did not personally file for bankruptcy--in exchange for contributing $4.5 billion to be distributed to creditors via various “abatement trusts.” But eight states and the US Attorney...