LexisNexis® Legal Newsroom
Professor Kenneth N. Klee Analyzes Supreme Court's Stern v. Marshall Ruling

In this Emerging Issues Analysis, Professor Kenneth N. Klee examines the Supreme Court's decision in Stern v. Marshall , 564 U.S. _____, 131 S. Ct. _____, 2011 U.S. LEXIS 4791 (2011), in which the Court struck down as unconstitutional 28 U.S.C. § 157 (b)(2)(C) because it gave non-Article III...

The Supreme Court's Holding in Stern v. Marshall: Analysis by Professor Kenneth N. Klee

In this Emerging Issues Analysis, Professor Kenneth N. Klee examines the Supreme Court's decision in Stern v. Marshall , 564 U.S. _____, 131 S. Ct. _____, 2011 U.S. LEXIS 4791 (2011), in which the Court struck down as unconstitutional 28 U.S.C. § 157(b)(2)(C) [ an annotated version of this statute...

Legal News Podcast: 9th Circuit-No Standing to Challenge Obamacare; 11th Circuit-Healthcare Reform Individual Mandate Unconstitutional

The 11th Circuit finds the Patient Protection and Affordable Care Act's individual mandate to be unconstitutional in Fla. v. United States HHS , 2011 U.S. App. LEXIS 16806 (11th Cir. Fla. Aug. 12, 2011) , and, the 9th circuit affirms that plaintiffs lack standing to challenge the act in Baldwin v...

Obamacare Loses a Round in Pennsylvania - Individual Mandate Violates Commerce Clause

HARRISBURG, Pa. -- A Pennsylvania federal judge on Sept. 13 held that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is an unconstitutional extension of authority granted to the federal government under the U.S. Constitution's commerce clause ( Barbara...

LexisNexis® Legal News Podcast - Health Care Reform Takes a Hit - Court Rules Individual Mandate Violates Commerce Clause

A Pennsylvania federal judge finds the individual mandate in the Patient Protection and Affordable Care Act violates the Constitution, Goudy-Bachman v. United States HHS, 2011 U.S. Dist. LEXIS 102897 (M.D. Pa. Sept. 13, 2011) , and, a California federal judge certifies a wage-and-hour class suing a refinery...

LexisNexis® Legal News Podcast - Victory For Health Care Reform Is Appealed by Jerry Falwell's Liberty University To Supreme Court

Liberty University petitions the Supreme Court over dismissal of a health care reform case, and defendants in a Propofol infection case in Nevada are ordered to pay $162.5 million in punitive damages. Hear these and other stories from LexisNexis® Mealey's Publications. Copyright © 2011 LexisNexis...

Why the Scott Gardner Act is Unconstitutional…and a Bad Idea

"Immigration hardliners never hesitate to claim the mantle of “states’ rights” when defending laws like Arizona SB 1070. But those wanting local cops to double as federal immigration agents were conspicuously silent at a congressional hearing on Wednesday on the Scott...

Federal appeals court agrees Farmers Branch renters’ ordinance targeting immigrants is unconstitutional

Dianne Solis, Dallas Morning News, Mar. 21, 2012 : "A federal appeals court has upheld a lower court’s ruling that a Farmers Branch ordinance banning illegal immigrants from renting in the city. The decision by the Fifth U.S. Circuit Court of Appeals in New Orleans Wednesday...

Dallas Suburb to Ask for Full CA5 Review of Immigrant Rental Ban Case

"Lawyers for Farmers Branch asked Wednesday for a rehearing of the city’s immigration ordinance before the full 18-member 5th U.S. Circuit Court of Appeals in New Orleans. The city’s ordinance banning [unauthorized] immigrants from renting in the city has been repeatedly struck ...

Tuition Rulings 'Straightforward' - Olivas

"The latest ruling came on Friday from a federal court in Florida, which threw out state regulations defining American children of parents without legal immigration status as out-of-state residents, ineligible for tuition breaks given to state residents at public colleges and universities. ... In...

CA5: Farmers Branch Rental Ordinance Unconstitutional

"The Ordinance at issue in this case and passed by the active citizens of the City of Farmers Branch (“Farmers Branch”) seeks to regulate non-citizens who reside in the United States contrary to law. Farmers Branch, Tex., Ordinance 2952 (Jan. 22, 2008), permanently enjoined by Villas...

Federal Judge Declares ICE’s Nationwide Shackling Policy Unconstitutional

"U.S. Judge Michael Ponsor declared the government’s nationwide policy of shackling detainees during immigration court proceedings unconstitutional, calling it an affront to a person’s dignity. Even the safety considerations cited by the government did not provide it with “unlimited...

Florida: Circuit Court Finds Exclusive Remedy Defense Unconstitutional

The Circuit Court of the 11th Judicial Circuit (in and for Miami-Dade County) has entered an Order finding that the exclusive remedy provision of the Florida Workers’ Compensation Act (see § 440.11, Fla. Stat.) is unconstitutional because, in relevant part, injured workers, as well as their...

Montana: High Court Says Statute Allowing Ex Parte Communications With Claimant’s Doctors Is Unconstitutional

Two Montana statutes that allow a workers’ compensation insurance carrier to have ex parte communications with claimant’s medical care providers represent an unconstitutional violation of claimant’s right to privacy, at least under the facts of the case before it, held the Montana Supreme...

CA9: Ariz. Prop. 100 Unconstitutional - Lopez-Valenzuela v. Arpaio

"Arizona law categorically forbids granting undocumented immigrants arrested for a wide range of felony offenses any form of bail or pretrial release, even if the particular arrestee is not a flight risk or dangerous. We must decide whether such an absolute denial comports with the substantive component...

Rogue Jurist Questions Executive Action on Immigration

"A federal judge in Pittsburgh ruled Tuesday that President Barack Obama overstepped his authority and violated the Constitution when he issued an executive order last month to delay deportation for millions of people living in the U.S. illegally. In an opinion issued in a local case of a Honduran...

District Court Says Appointment of SEC Administrative Law Judge Was Likely Unconstitutional

By Courtney Gilligan Saleski , Jonathan W. Haray , and Mark A. Kasten In Hill v. Securities Exchange Commission , the United States District Court for the Northern District of Georgia, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], preliminarily enjoined...

Experts: Trump's Muslim Ban Proposal Unconstitutional

New York Times, Dec. 7, 2015 - "Experts on immigration law and policy expressed shock at the proposal Monday afternoon. “This is just so antithetical to the history of the United States,” said Nancy Morawetz, a professor of clinical law at New York University School of Law , who specializes...

Montana Supreme Court Strikes Down Anti-Immigrant Law: MIJA v. Bullock (May 10, 2016)

MIJA writes: " The Montana Supreme Court has just issued a unanimous decision striking down the entirety of Montana's anti-immigrant law, which was placed on the 2012 ballot by the Montana legislature and approved by 80% of voters. The law, known as LR-121, would have denied a wide variety of...

Utah: High Court Says Labor Commission’s Fee Schedule I Unconstitutional

The Supreme Court of Utah held (a) that the statute delegating authority to the Labor Commission to regulate fees for attorneys representing claimants [Utah Code § 34A–1–309] and (b) the sliding-scale fee schedule (and cap on fees) crafted by the Commission and contained in Utah Admin...

Florida: 104-Week Limit on TTD Benefits Found Unconstitutional

In a split decision, the Supreme Court of Florida struck down the state’s 104-week limit on TTD benefits for injured workers who remain totally disabled after the capped time period, but who have not yet reached MMI. The majority held the limit [set forth in § 440.15(2), Fla. Stat.], violated...