Litigation

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Compelling Criminal Defendant to Provide Fingerprint to Unlock Cellphone Did Not Violate Self-Incrimination Privilege
Posted on 21 Feb 2017 by Gabriela Nolen

A recent Minnesota Court of Appeals case of first impression in that State has established that compelling a criminal defendant to provide a fingerprint to unlock his cellphone does not violate the Fifth Amendment, U.S. Const. amend. V, privilege against... Read More

Tags: fingerprint , cellphone , Minnesota , motion to compel , Fifth Amendment , self incrimination privilege

U.S. High Court Issues Split Ruling On Jurisdiction Of Federal Employees' Suit
Posted on 21 Jun 2012 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The Civil Service Reform Act (CSRA) precludes district court jurisdiction over claims by federal employees seeking to declare acts of Congress unconstitutional, a split U.S. Supreme Court ruled June 11 ( Michael B. Elgin... Read More

Tags: Federal Circuit , Civil Service Reform Act , Equal Protection , Michael B. Elgin , Employment Law , U.S. Department of the Treasury , U.S. Department of the Interior , Fifth Amendment , Litigation , Merit Systems Protection Board , MSPB , Michael B. Elgin v. Department of the Treasury , U.S. Supreme Court , CSRA , Selective Service System

Judge Rules On Attorneys General Lawsuit Challenging Health Care Law; 2 Claims Remain
Posted on 14 Oct 2010 by LexisNexis Litigation Resource Community Staff

PENSACOLA, Fla. - (Mealey's) Two of six claims remain in a suit brought by attorneys general challenging the Patient Protection and Affordable Care Act (PPACA) after a Florida federal judge issued his ruling Oct. 14 on a motion to dismiss brought... Read More

Tags: State of Florida , Patient Protection and Affordable Care Act , Commerce Clause , attorneys generals , et al. v. U.S. Department of Health and Human Services , U.S. Constitution , health care law , Health Care Reform , Fifth Amendment , Obama , Health Care and Education Reconciliation Act , Medicaid , PPACA , Litigation , Insurance , lawsuit , National Federation of Independent Business

3rd Circuit Affirms Dismissal Of Health Care Act Case For Lack Of Standing
Posted on 3 Aug 2011 by Cheryl Keely

NEWARK, N.J. - (Mealey's) A Third Circuit U.S. Court of Appeals panel on Aug. 3 affirmed the dismissal of a challenge to the Patient Protection and Affordable Care Act (PPACA) brought by a New Jersey physician, one of his patients and a physician... Read More

Tags: Third Circuit , Patient Protection and Affordable Care Act , Commerce Clause , health care , individual mandate , U.S. Constitution , Health Care Reform , Health Insurance , New Jersey , Fifth Amendment , PPACA , Litigation , Insurance

Constitutional Challenge To Insurance Requirement Of Health Care Reform Act Dismissed
Posted on 8 Oct 2010 by Cheryl Keely

DETROIT - (Mealey's) A Michigan federal judge on Oct. 7 dismissed a constitutional challenge to the health insurance mandate/federal income tax penalty of the Health Care Reform Act, saying Congress has a right to try to eliminate cost-shifting by... Read More

Tags: Commerce Clause , Thomas More Law Center , Equal Protection , health care , Patient Protection and Affordable Health Care Act , health insurance provision , due process , U.S. Constitution , Judge George Caram Steeh , Salina Hyder , Health Care Reform Act , Fifth Amendment , Obama , Jann DeMars , Litigation , Insurance , 10th Amendment , lawsuit , Thomas More Law Center v. Barack Hussein Obama , U.S. District Court for the Eastern District of Michigan , uninsured Americans , John Ceci , states' rights , Steven Hyder , Congress

Judge: Military's Ban On Gays Is Unconstitutional
Posted on 10 Sep 2010 by LexisNexis Litigation Resource Community Staff

LOS ANGELES - (AP) A federal judge on Thursday declared the U.S. military's ban on openly gay service members unconstitutional and said she will issue an order to stop the government from enforcing the "don't ask, don't tell" policy... Read More

Tags: civil rights , military , don't ask don't tell , service members , judge Vaughn Walker , lesbians , gays , Log Cabin Republicans , Fifth Amendment , Judge Virginia Philips , gay marriage , Litigation , Proposition 8 , lawsuit , First Amendment , sexual orientation