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Category Archives: Case Analyses
D.Kan.: denies preliminary injunction against Kansas law banning private insurance companies from insuring abortions
The District of Kansas rejected a motion for a preliminary injunction to enjoin a Kansas law that banned insurers from covering abortions. The American Civil Liberties Union of Kansas and Western Missouri (ACLU) brought the action on behalf of its … Continue reading
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N.D. Ind: Permits claims for prospective relief but not damages challenging lack of accessible courthouse parking
In a lawsuit challenging the lack of handicapped-accessible parking spots near a courthouse, a district court held that plaintiffs defending against pending lawsuits have standing to seek prospective relief under the Americans with Disabilities Act (“ADA”). However, the court held … Continue reading
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D.Ariz: Grants Preliminary Injunction Against Law Burdening Political Speech of Unions
Finding that a group of unions were likely to succeed on their claim that a recently passed Arizona law violates the Free Speech Clause of the First Amendment, a district court entered a preliminary injunction preventing the law from going … Continue reading
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W.D. Wash: Failure to follow state Supreme Court ruling remanded to state court
After a Washington State Agency was successful in removing a case to federal court that alleges that the agency defied a ruling by the Supreme Court of Washington, a district court granted the Plaintiffs’ motion to remand to state court … Continue reading
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8th Cir: upholds denial of class certification and dismissal of disparate impact claims
In an appeal after a jury awarded six employees damages on their hostile work environment claims, the Eighth Circuit affirmed the district court’s ruling, rejecting appeals from both plaintiffs and defendants. The Circuit Court upheld the lower court’s evidentiary rulings, … Continue reading
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5th Cir: qualified immunity to principals but free speech violation in banning distribution of religious materials in school
The Fifth Circuit granted qualified immunity to two school principals for their decisions to prevent students from distributing religious materials at school. In a thicket of specially concurring opinions, a separate majority also held that the principals violated the students’ … Continue reading
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9th Cir.: Vacates Class Cert Based on Wal-Mart
The Ninth Circuit, applying the Supreme Court’s decision in Wal-mart Stores Inc. v. Dukes, 131 S.Ct. 2541 (2011), overturned a district court’s grant of class certification in a gender discrimination lawsuit against Costco. Ellis v. Costco Wholesale Group, No. 07-15838, … Continue reading
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7th Cir: Qualified Immunity Turns on Whether Chaplain believed Prisoner’s Religious Beliefs Sincere
In an interlocutory appeal, the Seventh Circuit held that it was unconstitutional for a prison chaplain to deny a prisoner’s dietary request on the grounds that the diet did not conform to the diet espoused by the traditional tenets of … Continue reading
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N.D.Ohio: Disparate Impact beyond Scope of TItle VI
Relying on Fifth and Seventh Circuit precedent holding that Title VI of the 1964 Civil Rights Act only applies to intentional discrimination and not disparate impact, a district court in Ohio dismissed a claim by the City of Cleveland and … Continue reading
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9th Cir: Day Laborer Ordinance Violates First Amendment
Sitting en banc, the Ninth Circuit struck down as unconstitutional a city ordinance that prohibits day laborers from standing on a street or sidewalk to solicit motorists for employment, business, or contributions. The court held by a 9:2 vote that … Continue reading
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