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Ballard Spahr LLP
Amicus Curiae Oppose Disparate-Impact Liability

Recently, following the U.S. Supreme Court's grant of certiorari , [ enhanced version available to lexis.com subscribers ], more than a dozen organizations, groups, and associations filed separate amicus curiae briefs, [ enhanced version available...

Ballard Spahr LLP
Federal District Court Vacates HUD Disparate Impact Rule

In a Fair Housing Act (FHA) case we have been watching for some time, the federal district court in Washington, D.C., recently issued an opinion vacating the U.S. Department of Housing and Urban Development’s (HUD’s) disparate impact rule...

Jay Shapiro
High Speed Police Pursuit and The Fourth Amendment: Jay Shapiro on Plumhoff v. Rickard

In the civil context, a plaintiff's claims that police used excessive force in seizing a suspect is evaluated under the "reasonableness" standard of the Fourth Amendment. While the determinations are fact sensitive, there are specific encounters...

Ballard Spahr LLP
Third Time's the Charm? Supreme Court Agrees Again To Hear FHA Disparate Impact Case

By Michael W. Skojec, Sharon Wilson Géno, Bryan J. Harrison, Christopher J. Willis, John L. Culhane, Jr., and Peter N. Cubita The U.S. Supreme Court has agreed for the third time in recent history to decide whether disparate impact claims...

Peter J. Gallagher
"Judges Think I Am Awesome!" Third Circuit Approves Use Of Judicial Endorsement on Lawyer's Website

In an interesting First Amendment decision, the U.S. Court of Appeals for the Third Circuit has struck down a New Jersey attorney-advertising guideline that banned attorneys from including judicial quotations in their advertising unless the full judicial...

State Net
State Net Capitol Journal Spotlight on Constitutional Rights: States Have Mixed Reaction To Court Rulings, Non-Rulings

In a historic non-decision, the United States Supreme Court last week allowed to stand — without comment — the rulings of three separate federal appeals courts striking down same-sex marriage bans across five states. The high court's decision...