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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,…
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…
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…
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…
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…
Bad Regulations Destroy Our Environment
October 30, 2020
One fundamental problem with having agencies in Washington, DC issue thousands of regulations that apply to everyone and everywhere in the country is that there is simply no way for them to consider the thousands of ways in which their one-size-fits-all approach can go wrong. One area especially rife…
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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…
NC doubles down on eviction ban, landlord groups push back with lawsuits
October 29, 2020
Governor Roy Cooper has signed a new executive order to prevent evictions of North Carolinians who can’t afford their rent. But many property owners and landlords say it leaves them out to dry. In the order issued Wednesday, Governor Roy Cooper says an estimated 300,000 - 400,000 households in North Carolina are…