Public-camping ordinances across Virginia and the United States dodged a constitutional bullet that would have prohibited criminal penalties for violations those laws if the defendant did not have adequate access to shelter. ...more
On June 28, 2024, the U.S. Supreme Court issued a decision in City of Grants Pass, Oregon v. Johnson finding municipal ordinances prohibiting camping on public property to be a constitutional exercise of local government...more
In response to a class action suit by homeless people challenging several anti-camping ordinances in the city of Grant Pass, OR, the U.S. Supreme Court explored the contours of the Eighth Amendment (“8A”) of the U.S....more
On June 28, 2024, the Supreme Court of the United States decided City of Grants Pass, Oregon v. Johnson, No. 23-175, holding that the Cruel and Unusual Punishments Clause of the Eighth Amendment of the United States...more
On Friday, January 12, the Supreme Court of the United States granted certiorari in five cases: Smith v. Spizzirri, No. 22-1218: This case involves the interpretation of Section 3 of the Federal Arbitration Act (“FAA”),...more
On August 22, 2023, the City of Grants Pass filed a Petition for a Writ of Certiorari with the Supreme Court of the United States. Once a petition is submitted, the Court issues a response deadline for the Respondent(s); in...more
Court Invalidates City’s Attempts to “Evade” Martin - Over the last few years, courts have significantly narrowed the permissible scope of local regulation of public camping. The catalyst for this shift was Martin v. City...more
The last week of July brought a host of significant developments in Michigan criminal law. The Michigan Supreme Court issued decisions or orders in People v. Stovall, No. 162425, People v. Poole, No. 161529, People v. Parks,...more
A lawsuit filed in the United States District Court for the District of South Carolina alleges horrific living conditions for the more than 250 children detained by the South Carolina Department of Juvenile Justice, the...more
In Washington: The Trump administration will no longer hold back the second dose of a coronavirus vaccine in order to speed up inoculations. The changes are a departure from current policy and align with a plan unveiled by...more
On November 5, 2020, the Supreme Court of Canada released its decision in Quebec (Attorney General) v 9147-0732 Québec Inc, 2020 SCC 32, in which the court decided that the constitutional protection against being subject to...more
Mckesson v. Doe, No. 19-1108: The plaintiff-respondent in this case is a police officer who suffered devastating injuries after being struck by a rock-like object during a protest in Baton Rouge, Louisiana. The protest...more
This 15th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. This week we note how COVID-19 has accelerated a pre-existing trend toward class action litigation. And...more
The Supreme Court this winter will hear (and in one case, has heard and determined) high-profile appeals involving federal and provincial government powers, corporate rights under the Charter of Rights and Freedoms, and two...more
In United States v. Sierra, the Second Circuit (Newman, Jacobs, Droney) wrote a short published decision that rejected the argument raised by several defendants that it violated the “cruel and unusual” provision of the Eighth...more
Prison healthcare litigation has been on the rise throughout the country. Private healthcare providers for state prison systems are often caught up in class actions or complex injunctive-relief litigation targeting both the...more
Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless...more
Cities cannot prosecute people criminally for sleeping outside on public property if they have no home or no other shelter to go to, the U.S. Ninth Circuit Court of Appeals ruled earlier this week. The court held that...more
Unexpected expenses are a regular fact of life for many parents of children with disabilities, but for parents with children entangled in juvenile jail systems, the additional costs can be exorbitant....more
The Supreme Court of the United States issued decisions in two cases on June 6, 2016: Simmons v. Himmelreich, No. 15-109: Respondent Walter Himmelreich, an inmate at a federal prison, brought two suits against prison...more
In 2007, Steven Hayes and Joshua Komisarjevsky invaded a home in Cheshire, Connecticut, where they horrifically murdered a mother and her two children. Hayes and Komisarjevsky were sentenced to death for their crimes. ...more
Inmates in the Riverside County jails served a federal class-action lawsuit last week, claiming the county is subjecting them to cruel and unusual punishment by depriving them of basic medical and mental health care. Among...more
Dr. Harkonen was the CEO of InterMune, Inc, a pharmaceutical company that developed, marketed and sold drugs for lung and liver diseases, including Actimmune. In 2002, the FDA had approved Actimmune to treat only two...more