LexisNexis® Legal Newsroom
Eli Wald on Judicial Disqualification under the Due Process Clause of the Fourteenth Amendment, Caperton v. A. T. Massey Coal Co., Inc., et al, 2009 U.S. LEXIS 4157, 129 S. Ct. 2252 (2009).

In Caperton v. A. T. Massey Coal Co., Inc. , the U.S. Supreme Court explored whether a justice who received extraordinary campaign contributions from the board chairman and principal officer of appellant corporation violated the Due Process Clause of the Fourteenth Amendment when he denied a recusal...

Patient Protection and Affordable Health Care Act Not Violative of Constitution, Permitted under Commerce Clause, Rules Federal Judge

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 uninsured Americans ( Thomas More Law Center, et...

Marten Law on Sackett v. EPA: Closely Watched Sackett Case Argued in U.S. Supreme Court

By Russell Prugh and Adam Orford, Associates, Marten Law PLLC In this Emerging Issues Analysis, Russell Prugh and Adam Orford of Marten Law PLLC review the oral arguments made before the U.S. Supreme Court on January 9, 2012 in Sackett v. EPA . This case, which involves "pre-enforcement review...

LexisNexis® Environmental Law and Climate Change Community Podcast: Brad Marten on the U.S. Supreme Court Decision in Sackett v. EPA.

On this edition, Brad Marten of Marten Law in Seattle discusses the U.S. Supreme Court's decision in Sackett v. EPA . The unanimous high Court found that an Idaho couple could appeal an administrative compliance order issued by the EPA under the Clean Water Act. Mr. Marten explains the background...

Marten Law PLLC Analyzes Chantell Sackett v. EPA: Scalia and Unanimous Supreme Court Uphold Pre-Enforcement Review in Wetlands Case Under Clean Water Act

By Steve Jones, Russell Prugh and Brad Marten of Marten Law PLLC In this Emerging Issues Analysis, Steve Jones, Russell Prugh and Brad Marten of Marten Law PLLC discuss the U.S. Supreme Court's unanimous decision in Sackett v. EPA, striking down EPA's ban on "pre-enforcement review"...

Sackett v. EPA - Supreme Court Allows Pre-Enforcement Review of Clean Water Act Compliance Orders

By Sedina L. Banks, Attorney, Greenberg Glusker Fields Claman & Machtinger LLP On March 21st, the United States Supreme Court unanimously ruled that the Sackett family has a right to challenge a pre-enforcement compliance order from the Environmental Protection Agency (EPA) before EPA initiates...

No Economic Nexus for ConAgra Intangibles

The West Virginia Supreme Court of Appeals held that the licensing of intangible trademarks and trade names by ConAgra into West Virginia did not subject ConAgra to corporate income tax. In sustaining the opinion of the state circuit court, which overturned the Board of Tax Appeals finding in favor...

9th Circuit Strikes Down Arizona’s Proposition 100, A Constitutional Amendment Denying Bail To Undocumented Immigrants

Arizona’s Proposition 100, which mandates that bail be denied for serious felony offenses as prescribed by the state legislature, if the person charged has entered or remained in the United States without documentation, was struck down on October 15, 2014, by the United States Court of Appeals...