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...

Posted 19 Oct 2020 in Business Written by: Caroline Storer

We are very saddened to report the passing of Henry Underhill, Jr., former IMLA President and Executive Director, on Sunday, October 18, 2020. Henry was the City Attorney for Charlotte, North Carolina from 1964 until 1994, and took over as Executive Director of IMLA in 1995, serving until 2007. During the time Henry was City Attorney for Charlotte, the city grew into a major metropolitan center, becoming the home to several Fortune 500 businesses and a major banking nucleus as...

Posted 13 Oct 2020 in Business Written by: Caroline Storer

IMLA confirms Tyrone Cooper as IMLA President from October 2020 - October 2021. In a business meeting held on October 3, 2020, virtually, IMLA confirmed the nomination of Tyrone Cooper of Beaumont, Texas to be President of IMLA. Mr. Cooper is currently the City Attorney of Beaumont, Texas. He has served in that capacity since being appointed in November of 2004. State and locally, he is a past President of the Texas City Attorneys Association (TCAA) where he served on the...

Posted 06 Oct 2020 in Case Notes, Commentary Written by: Amanda Karras

Today, in a great victory for the City of Nashville and IMLA, the Sixth Circuit decided that Nashville did not violate the First Amendment when it fired a 9-11 dispatcher who used a racially offensive slur in the context of the 2016 election in a public Facebook post that identified her as an employee of the City.  The parties all agreed that her post was on a matter of public concern given the broader context of the election even though...

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 Karras

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...