After he was arrested and later released without charge, Illinois resident Bruce Williams filed suit against four officers, alleging Fourth Amendment violations. According to Williams, the officers arrested him without probable cause and proceeded to assault him, causing facial scars that made it impossible for him to follow his vocation of cosmetologist/educator. Williams was allowed [...]
Archive for the ‘Constitutional Law’ Category
Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.
Posted in Constitutional Law, Fourth Amendment, Practice & Procedure, tagged in forma pauperis; sanctions on September 26, 2011 | Leave a Comment »
Ninth Circuit finds that government failed to properly consider the potential impact an increase in Medicare co-payments would have on economically vulnerable Arizonans.
Posted in Constitutional Law, Health Law, tagged Medicare on August 24, 2011 | Leave a Comment »
In 2003, Arizona requested a waiver from the Secretary of Health and Human Services (“the Secretary”) to expand its mandatory Medicare co-payments for (1) childless, nondisabled adults who earn up to 100% of the federal poverty level and (2) former recipients of state health care benefits in order to lower health care costs and close [...]
Fifth Circuit holds that a school district can be held liable for allowing an unauthorized stranger to remove and then sexually abuse a student.
Posted in Constitutional Law, Education Law, tagged child abuse, substantive due process on August 15, 2011 | Leave a Comment »
According to a complaint, a nine-year-old known old known only as Jane Doe in the court documents was checked out of Covington County Elementary School at least six times by an unauthorized stranger during the 2007-08 school year. The stranger, Tommy Keyes, signed the child out as her father and at least once as her [...]
Utah Court of Appeals holds that “religious” tattoo parlor not exempt from paying unemployment insurance.
Posted in Employment Law, First Amendment, tagged unemployment benefits on August 12, 2011 | Leave a Comment »
Gregory Lowrey, owner of the Happy Valley Tattoo parlor, challenged the Utah Department of Workforce Services Appeals Board’s decision that the wages of a former employee, Jacklyn Johnson, were subject to unemployment insurance. Lowry argued that the business was part of his church, UBU Ministries, which includes tattooing among its religious tenets. On appeal to [...]
Eighth Circuit holds that phone calls, e-mails and a wire transfer are insufficient to exercise personal jurisdiction over German corporation.
Posted in Constitutional Law, tagged personal jurisdiction on July 21, 2011 | 1 Comment »
Viasystems, Inc. v. EMB-Papst St. Georgen GmbH & Co., KG, No. 10-2460. Facts Viasystems, Inc. (“Viasystems”), is a Delaware corporation based principally in Saint Louis, Missouri, that manufactures telecommunications equipment. In 2007, Viasystems contracted with Ericsson A.B. (“Ericsson”), a Swedish company, to manufacture base units that would eventually be distributed in Japan. Each unit required [...]
Seventh Circuit applies First-Amendment protection to disingenuous lobbying tactics employed to prevent competition.
Posted in Business Law, First Amendment, tagged free speech on June 13, 2011 | Leave a Comment »
In 2004, Mercatus Group partnered with Evanston Northwestern Healthcare to open a physician center in the village of Lake Bluff, a short distance away from the almost 70-year-old Lake Forest Hospital. Recognizing the threat a competing facility would pose, Lake Forest Hospital began a lobbying and public-relations campaign to prevent the center’s launch. The hospital [...]
Seventh Circuit agrees that employee cannot sue for religious discrimination after she was fired for telling a lesbian co-worker that she would go to hell.
Posted in Civil Rights, Employment Law, First Amendment, tagged religious discrimination on April 8, 2011 | Leave a Comment »
In September 2005, Tanisha Matthews, an overnight stocker at Wal-Mart for nine years, became involved in an impassioned discussion about God and homosexuality with a lesbian co-worker named Amy during a break. When Wal-Mart officials investigated the incident, they learned that Matthews screamed at Amy that God does not accept gays, that gays should not [...]
Ninth Circuit holds that California’s air-quality rules for ships near its ports are not pre-empted by the Submerged Lands Act.
Posted in Constitutional Law, Environmental Law, tagged air-quality rules, preemption, Submerged Lands Act on March 29, 2011 | Leave a Comment »
In 2009, the Pacific Merchant Shipping Association (“PMSA”) sued the head of the California Air Resources Board over the state’s Vessel Fuel Rules, which require ships to use cleaner fuels within 24 miles of the coast as they move through the state’s busy ports. The PMSA argued that the regulations were pre-empted by the federal [...]
Texas Court of Appeals rules that woman’s criticism of former mayor did not constitute slander.
Posted in Constitutional Law, First Amendment, Torts, tagged free speech, slander on January 11, 2011 | Leave a Comment »
Ester Salinas spent a decade researching the area surrounding the Hayes-Sammons pesticide plant in Mission, Texas. She found that hundreds of children in the area were stillborn, while many others were born with birth defects. Pat Townsend was city manager in 2000, and he ordered the site to be tested by a toxicologist Ester Salinas [...]
Ninth Circuit revives free-speech claims related to use of a Nazi salute during a city counsel meeting.
Posted in Constitutional Law, First Amendment, tagged free speech on December 15, 2010 | 2 Comments »
In 2002, Robert Norse was ejected from a Santa Cruz City Council meeting and then arrested for giving the board a “silent Nazi salute.” Norse sued the city counsel, challenging the counsel’s decorum policy and claiming that the ejection and arrest violated his right to free speech. In 2004, while the lawsuit was still pending, [...]
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Recent Posts
- Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.
- Ninth Circuit finds that government failed to properly consider the potential impact an increase in Medicare co-payments would have on economically vulnerable Arizonans.
- Fifth Circuit holds that a school district can be held liable for allowing an unauthorized stranger to remove and then sexually abuse a student.
- Utah Court of Appeals holds that “religious” tattoo parlor not exempt from paying unemployment insurance.
- Third Circuit holds that plaintiffs lack standing to challenge individual mandate provision of health care reform because they have no current injury.
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- Ninth Circuit upholds $250,000 verdict against debt-collection firm for emotional distress.
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- Arkansas Court of Appeals holds that a successful plaintiff may seek attorney fees under Ark. Code Ann. § 23-79-209, even if declaratory judgment was sought as a counterclaim.
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