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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 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 25 Oct 2021 in Case Notes Written by: Amanda Karras

On October 18th, the Supreme Court granted qualified immunity to officers in two cases on a per curiam basis, summarily reversing lower courts in each: Rivas-Villas v. Cortesluna and City of Tahlequah v. Austin.  IMLA filed an amicus brief in the Rivas - Villegas v. Cortesluna case in support of the officers.  In both cases, the Supreme Court relied on video evidence and therefore undisputed facts.  And in both cases, the Court concluded the law was not clearly established given...

Posted 30 Jun 2021 in Case Notes Written by: Amanda Karras

In a per curiam decision, the Supreme Court summarily reversed the Eighth Circuit’s grant of qualified immunity in Lombardo v. City of St. Louis.  While the majority’s decision to reverse left a lot to still be decided, the case may be indicative of the Supreme Court’s attempt to signal to lower courts that qualified immunity is less protective than some courts are currently applying it.  Alternatively, perhaps Justice Alito is right in his dissent that the majority did not want...

Posted 29 Jun 2021 in Case Notes Written by: Amanda Karras

In Pakdel v. City & County of San Francisco, the Supreme Court held the Ninth Circuit erred when it required the petitioners who had alleged a regulatory taking to comply with the agency’s administrative procedures for seeking relief because it is a “settled rule” that “exhaustion of state remedies is not a prerequisite to an action under 42 U.S.C. § 1983.”  quoting Knick v. Township of Scott, 588 U.S. __ (2019) (emphasis in original).  In what could end up as...

Posted 24 Jun 2021 in Case Notes Written by: Amanda Karras

In a 6-3 opinion the Supreme Court, likening the protection of property rights to the preservation of freedom, held in Cedar Point Nursery v. Hassid that a California regulation that provided union organizers access to agricultural employers’ property for up to three hours per day, 120 days per year, was a per se physical taking under the Fifth Amendment.  While the case was a loss for the State, looming larger in the case was the question of how the decision...

Posted 25 May 2021 in Case Notes Written by: Erich Eiselt

Purdue Bankruptcy: Disclosure Statement Hearing May 26, 2021; Public May Dial-In-The much-debated Purdue Bankruptcy Disclosure Statement, which includes the controversial $4.3 Billion from Sackler family shareholders in exchange for complete releases of any liability for the opioid crisis, and which is opposed by Attorneys General from 24 states and the District of Columbia, will be considered by Judge Drain at a hearing tomorrow, May 26, 2021, at 9:00 AM.  As the Primeclerk website (https://restructuring.primeclerk.com/purduepharma) states: Members of the public who wish...

Posted 17 May 2021 in Case Notes, Commentary Written by: Amanda Karras

Today in a unanimous, but narrow opinion, the Supreme Court struck down the First Circuit’s expansion of the exception to the warrant requirement known as the “community care-taking doctrine” from automobiles to the home.  The Court left open the possibility that exigent circumstances might justify a search without a warrant under these circumstances, but that issue was not before the Court in this case. In this case, Kim Caniglia and her husband got in a fight during which he went and...

Posted 23 Apr 2021 in Case Notes, Commentary Written by: Erich Eiselt

On Tuesday, April 20, 2021, federal Judge David Carter of the Central District of California ordered that the City and County of Los Angeles provide housing and related assistance for all homeless persons in the area known as “Skid Row” by October 18.  According to the Los Angeles Homeless Services Authority, that number now exceeds 4,600 people: 4700 - 2020 Greater Los Angeles Homeless Count—Skid Row (lahsa.org) Judge Carter’s decision in LA Alliance for Human Rights v. City of Los Angeles,...