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5th Circuit to decide en banc if constitutional challenge can block SEC administrative proceeding

November 2, 2020
The 5th U.S. Circuit Court of Appeals has given Michelle Cochran one more chance to block the Securities and Exchange Commission from pushing ahead with an administrative proceeding against her. Cochran, a certified public accountant from Texas, has already been through one administrative proceeding before an SEC judge. In 2017, Administrative Law Judge Cameron Elliot…
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NAHB challenges CDC eviction moratorium

November 2, 2020
The National Association of Home Builders has filed a complaint against the US Centers for Disease Control and Prevention over its eviction moratorium order. In partnership with Pacific Legal Foundation, the NAHB – along with Skyworks Ltd, Cedarwood Village, and Monarch Investment and Management Group – filed the complaint in the Northern District of Ohio.…
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Tenant, health, equity advocates rally to defend challenge to CDC eviction ban

November 2, 2020
Affordable housing, LGBTQ rights and pediatric health are among the issues that have emerged in a federal lawsuit in Atlanta that pits landlords of millions of rental homes against the CDC’s efforts to prevent evictions during the COVID-19 pandemic. The landlords’ effort to overturn the moratorium is not surprising. The support for the moratorium brings…
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Full 5th Circ. To Hear Challenge To SEC's Judges

October 30, 2020
The Fifth Circuit on Friday granted a full-panel review of an accountant’s challenge to the constitutionality of the U.S. Securities and Exchange Commission’s administrative law judges. The appellate court said in an order that a “majority of the circuit judges in regular active service” had voted in favor of rehearing the case brought by Michelle Helterbran…
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Landlords Lose Challenge to Federal Ban on Evictions

October 30, 2020
 Landlords are fuming after a federal judge upheld a nationwide order temporarily preventing them from evicting residential tenants through the end of the year to help control the spread of the coronavirus. U.S. District Judge J.P. Boulee, a Donald Trump appointee based in Atlanta, issued a 66-page order Thursday finding that a Sept. 4 directive from the…
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Landlords Denied Injunction Against CDC Eviction Moratorium

October 29, 2020
A federal judge ruled against landlord groups who were seeking to block the U.S. Centers for Disease Control’s national moratorium on evictions due to the coronavirus pandemic. U.S. District Judge J.P. Boulee in Atlanta on Thursday rejected a motion for a preliminary injunction brought by a nonprofit called the New Civil Liberties Alliance on behalf…
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