Category Archives: Federal Rights

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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ACS Blog: In Under-Reported D.C. Circuit Oral Argument, Prominent Republican Judges Suggest Novel Arguments for Upholding Health Care Law’s Individual Mandate

(9/26/11) Simon Lazarus writes that the two Republicans on the three-judge panel, Reagan appointee Laurence Silberman and Bush II appointee Brett Kavanaugh, displayed in-depth grasp and even sympathy for arguments supporting the mandate…At a minimum, neither judge showed an appetite … Continue reading

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ACS Blog:Opening Day at the Supreme Court Could Shut Courthouse Doors to the Poor

(9/28/2011) Rochelle Bobroff on the significance of Douglas v Independent Living Center case that the Supreme Court  hears Oct. as its very first oral argument for the new term. The case is of vital importance to low income individuals, including older … 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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ACS: In Under-Reported D.C. Circuit Oral Argument, Prominent Republican Judges Suggest Novel Arguments for Upholding Health Care Law’s Individual Mandate

Last Friday, Sept. 23, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments on the constitutionality of the Affordable Care Act (ACA) individual mandate… The two Republicans on the three-judge panel, Reagan appointee Laurence Silberman … 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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