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|Die Another Day: SCC Adjourns Appeal of National Class Actions Decision Sine Die|
Katherine A. Booth; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 15, 2014Followers of Canadian class actions law will have longer to wait for a decision in the much anticipated appeal from the Manitoba Court of Appeal’s decision in Meeking v. Cash Store Inc. et al., 2013 MBCA 81. The appeal, which was scheduled to be heard on January 12, 2015 and expected to bring...
|What Is a Sincere Religious Belief? The Fifth Circuit Weighs In On a Religious Discrimination Claim|
Curtis G. Fox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 25, 2014, previously published on September 10, 2014In a 2-to-1 decision written by Judge Edward Prado, the Fifth Circuit Court of Appeals recently chimed in on an employee’s claim that her employer failed to accommodate a religious observance, for which “she believed strongly that she ‘needed’ to be at church . . . as a...
|Washington Redskins Challenge the Constitutionality of Section 2(a) of the Lanham Act|
Susan Neuberger Weller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 8, 2014, previously published on August 27, 2014The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term “Redskins” when reporting on the National League football team, and...
|Second Amendment Rights “Out the Door” in D.C.|
Cameron M. Rountree; Williams Mullen;
August 11, 2014, previously published on August 7, 2014Despite what might be implied by this article’s title, Second Amendment rights have actually expanded in D.C. recently. Last month, in Palmer v. District of Columbia --F. Supp.2d-- (2014); 2014 WL 3702854 (D.D.C. July 24, 2014), the US District Court held that the city’s de facto...
|Supreme Court Holds Public Employee's Testimony is Protected by First Amendment|
Hancock Estabrook LLP;
July 30, 2014, previously published on July 2014In a unanimous decision authored by Justice Sotomayor, the United States Supreme Court held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his ordinary job responsibilities. Lane v. Franks, No. 13-483, 2014 WL...
|Zombie (Debt Collector) Beware: West Virginia Expands Prohibited Actions|
Sarah B. Smith; Spilman Thomas & Battle, PLLC;
July 26, 2014, previously published on July 16, 2014America’s fascination with zombies infiltrated the West Virginia Legislature during the 2014 Regular Session, resulting in the introduction of a “zombie debt” bill, House Bill 4360. The bill, as introduced, was designed to thwart all debt collection efforts after a debt’s...
|Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process|
Mark L. Jensen, J. Scott Maberry, Robert L. Magielnicki, Thaddeus Rogers McBride, Brian D. Weimer; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 18, 2014In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the investment deprived the foreign investor of due process under the 5th...
|The Supreme Court’s Keewatin Decision: How Will it Affect Canada’s Resource Industries?|
Laura Easton, Heather L. Treacy; Davis LLP;
July 23, 2014, previously published on July 21, 2014On July 11, 2014, the Supreme Court of Canada (“SCC”) issued its decision in Grassy Narrows First Nation v Ontario, 2014 SCC 48 (“Keewatin”) and confirmed that Ontario has the exclusive power to “take up” treaty lands located in the Keewatin area of Treaty 3...
|Virginia Federal Court Lacks Jurisdiction Over Arizona Resident|
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
July 21, 2014, previously published on July 2014In Hirsch v. Johnson, the United States District Court for the Eastern District of Virginia held that the court lacked personal jurisdiction over the defendant, an Arizona resident, under Virginia law and the Fourteenth Amendment to the United States Constitution. The Court rejected...
|Update: Governor Agrees to Sign Brownfield Cleanup Program Extension Bill|
Phillips Nizer LLP;
July 9, 2014, previously published on June 2014On June 24, 2014, Governor Andrew Cuomo committed to signing the legislation that will extend the New York State Brownfield Cleanup Program (BCP). Speaking to reporters while in Buffalo, Governor Cuomo was quoted as saying, “We didn’t have total agreement on the overall reform, so what...