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Bar Association, Other Amici Say Preliminary Injunction Enough For Attorney Fees

August 14, 2024
In the first of 10 amicus briefs supporting arguments before the U.S. Supreme Court by Virginians seeking attorney fees related to their putative class complaint over a now repealed suspension of driver’s licenses statute, the New Jersey State Bar Association tells the justices that a merits-based preliminary injunction is enough to establish a “previaling party”…
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Court of Appeals Reverses Dismissal of NAA Eviction Moratorium Lawsuit

August 7, 2024
On August 7th, 2024, the U.S. Court of Appeals for the Federal Circuit overturned the U.S. Court of Federal Claims’ dismissal of Darby Development Company, Inc. v. United States in a 2-1 decision. The critical case seeks to determine whether the U.S. Centers for Disease Control and Prevention’s (CDC) federal moratorium is an illegal taking under the…
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Can a federal agency gag those who enter into settlement agreements? The SEC says yes. — First Amendment News 434

August 6, 2024
Let’s begin with basics: Gag orders are, save for exceptional circumstances, an affront to the First Amendment. And why? Again, basics: They run counter to the principle of no prior restraints, and they can be content-based, which violates another free speech canon. Hence, for a gag order to be permissible it must satisfy a strict…
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San Antonio sued over firing of poet laureate Nephtalí De León

August 5, 2024
Former San Antonio poet laureate Nephtalí De León is suing the city and the head of its Department of Arts & Culture over his firing last August…
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Trucking Co. Moves To Nix DOL Independent Contractor Rule

August 5, 2024
​​A trucking company that regularly hires owner-operator truck drivers has urged a New Mexico federal judge to vacate a new U.S. Department of Labor rule for classifying independent contractors, arguing in a motion for summary judgment that the rule makes classifying workers more confusing…
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Jarkesy case likely not to be revived

August 1, 2024
SCOTUS ruled that the Seventh Amendment to the Constutution gives defendants a right to a jury trial even in civil cases…
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