U.S. Eleventh Circuit Court of Appeals - Heid v. Rutkoski - § 1983, qualified immunity - Nalco v. Bonday - arbitration, vacatur - Sunshine State v. US CIS - immigration, EB-5, annual fee, retroactivity ...more
The Fourth Circuit Court of Appeals recently vacated and remanded a District Court opinion that denied qualified immunity to a Charlotte-Mecklenburg Police Officer. In Belton v. Loveridge, the appellate court held the trial...more
U.S. Eleventh Circuit Court of Appeals - Scott v. Miami - probable cause - USA v. Ferretiz-Hernandez - immigration, reentry prohibition, constitutionality - Jekyll Island v. Polygroup Macau - personal jurisdiction,...more
The Supreme Court of the United States issued one decision today: Barnes v. Felix, No. 23-1239: This criminal procedure case concerns the proper scope of analysis for Fourth Amendment excessive force claims....more
U.S. Eleventh Circuit Court of Appeals - Jones v. Ceinski - qualified immunity - Otto Candies v. Citigroup - RICO, fraud, conspiracy - Berrocal v. US Att’y Gen - standing, international treaty - Maglana v....more
Under California Civil Code section 2924(d), a trustee’s communications and actions that are necessary to conduct a nonjudicial foreclosure sale pursuant to a deed of trust are privileged under Civil Code section 47. The...more
Earlier this month, the Eleventh Circuit Court of Appeals (which includes Georgia) affirmed the dismissal of Title IX and Section 1983 claims filed by volleyball players against the University of South Alabama and its...more
In a lawsuit against the University of North Carolina and officials by a male student who was expelled and lost his scholarship after being found responsible for sexual misconduct against female classmates, the Fourth Circuit...more
U.S. Eleventh Circuit Court of Appeals - Albert v. Ass’n of Anti-Money Laundering - ADA, § 309 - NRA v. Bondi - firearms, sales to minors, young adults, constitutional challenges - Org of Prof Aviculturists v. FDLA...more
U.S. Eleventh Circuit Court of Appeals - USA v. Charles - sentencing - Miller v. Ramirez - qualified immunity, deferring ruling - Chapman v. Dunn - prison conditions, Eighth Amendment - USA v. Horn - securities...more
Law enforcement critics have launched concerted attacks on the doctrine of qualified immunity in an effort to mischaracterize the doctrine as allowing police officers to escape liability for clearly unconstitutional conduct. ...more
This week, the Ninth Circuit closely guarded its own jurisdiction while putting government litigants on the back foot. Read on to find out why county jailors’ qualified immunity appeal was dismissed, and how the Court handled...more
Protestors across America have delivered a firm message in response to the deaths of black citizens at the hands of law enforcement: “This has to stop.” The U.S. Court of Appeals for the Fourth Circuit used the same words on...more
Shauna Amon Writes About Public Employer New Laws in PublicCEO - California and federal courts, along with the state’s Public Employer Relations Board, handed down a number of decisions last year that will impact public...more
Florida Supreme Court rewrites the rules, lifting restrictions on the immediate appeal of orders denying absolute, qualified, or sovereign immunity. For those who have kept abreast of the latest opinions issued by the...more
Impact of Amendments to Florida Rule of Appellate Procedure 9.130 and Florida Highway Patrol v. Jackson on Governmental Entities and Employees If you are a State Agency, City, County, Sheriff’s Office, School Board, Police...more
On January 23, 2020, the Florida Supreme Court changed the Florida Rules of Appellate Procedure to create a new class of interlocutory appeals and expand the right to bring other appeals from nonfinal orders....more
Last week I blogged about an en banc opinion from the Fourth Circuit for which authorship of the majority opinion was attributed to two judges. This week from the Fourth Circuit came another two judge oddity-a panel opinion...more
A while back I wrote about the collateral order doctrine as discussed by the Fourth Circuit in Williams v. Strickland. Williams involved an alleged excessive force claim against a law enforcement officer and an...more
The onset of spring weather can mean only one thing: We are heading into prime season for road construction. If you haven’t seen the cones and Jersey barriers yet, you will soon. The new construction season brings with it...more
No longer entitled to near absolute immunity, MDBs may be prompted to modify their charters, lending practices, and accountability mechanisms. Key Points: ..The Supreme Court reversed the D.C. Circuit’s ruling, holding...more
On February 27, 2019, the Supreme Court held in Jam v. International Finance Corporation that international organizations may be subject to suit for their commercial activities. In order to appreciate the significance of this...more
On 27 February 2019, the Supreme Court of the United States (SCOTUS) held that International Organisations do not have absolute immunity under the International Organizations Immunities Act of 1945 (IOIA). This blog discusses...more
In the global economy, companies increasingly interact with “international organizations,” or institutions created by treaty or other intergovernmental agreement. These include organizations that engage in economic and...more
On February 27, the U.S. Supreme Court reversed a ruling of the U.S. Court of Appeals for the District of Columbia Circuit and held that international organizations, such as the World Bank, while being protected by the...more