News & Analysis as of

Standing State and Local Government

Snell & Wilmer

First Circuit Upholds Denial of Preliminary Injunction Against Massachusetts’ Ban on Assault Weapons and Large-Capacity Magazines

Snell & Wilmer on

In April 2025, the U.S. Court of Appeals for the First Circuit decided Capen v. Campbell, a case arising from a challenge to Massachusetts’ ban on assault weapons and large-capacity magazines. The court affirmed a district...more

Goulston & Storrs PC

Equal Protection Not on the Menu This Time

Goulston & Storrs PC on

In North End Chamber of Commerce (“NECC”) v. City of Boston, the NECC and several restaurants in the North End neighborhood of Boston (“Plaintiffs”) filed suit against the City of Boston (“City”), alleging that the City...more

Bradley Arant Boult Cummings LLP

Bid Protests in Utah

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures. For the next state in this series, we focus on the protest process in Utah. What Rules Apply? Protests of state-level...more

Foley Hoag LLP - Energy & Climate Counsel

Climate Litigation Against the US Is Dead. How Long Will State Climate Damage Cases Survive?

On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing. At least for...more

Kelley Drye & Warren LLP

Kansas Seeks to Stop Ford County From ​“Usurping” its Sovereignty

In January, Ford County, Kansas joined a class action complaint filed in Missouri against eleven plastics manufacturers, seeking to represent ​“all persons or entities” in 35 states who purchased relevant plastics since 1990....more

Pullman & Comley, LLC

Jurisdiction 101: Connecticut Supreme Court Hands Down Win For Taxpayers

Pullman & Comley, LLC on

In a victory for taxpayers across the nutmeg state, the Connecticut Supreme Court recently held in 7 Germantown Rd., LLC v. City of Danbury, No. 21024, 2025 WL 309848 (Conn. Jan. 28, 2025) (“Germantown”) that the appraisal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Halts Trump’s Birthright Citizenship Order

On Thursday, January 23, 2025, a federal judge in Seattle, Washington blocked enforcement of President Donald Trump’s recent executive order limiting birthright citizenship after four states (Washington, Illinois, Arizona,...more

Troutman Pepper Locke

EDVA Judge Narrows Suit Challenging Provision of Virginia Constitution Prohibiting Felons From Voting

Troutman Pepper Locke on

Virginia’s Constitution automatically disqualifies all persons convicted of any felony from voting unless their civil rights are restored by the Governor. See Va. Const. art. II, § 1. In a recent case, two plaintiffs...more

Faegre Drinker Biddle & Reath LLP

FTSA Litigation Trends: Federal and State Courts Diverge on Retroactivity

At a Glance - - HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations. - HB 761 also stated that it should be applied retroactively to...more

Troutman Pepper Locke

Lawsuit Highlights the Complexity of Regulating the Intrastate Use of Marijuana

Troutman Pepper Locke on

One of the most interesting aspects of marijuana law and policy in the U.S. is its tendency to strike at our most foundational democratic principles. In 2005, the U.S. Supreme Court held, in Gonzales v. Raich, that Congress...more

Troutman Pepper Locke

Virginia Moves to Dismiss Suit Claiming Denial of Voting Rights to Felons Violates Civil War Era Statute

Troutman Pepper Locke on

In June, four individuals and an advocacy organization for previously incarcerated individuals brought suit in the Eastern District of Virginia against several state and local officials alleging that Virginia was denying...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Addresses Derivative Standing and Failure of Oversight Claims Under Delaware Law

In Tola v. Bryant, No. 16150, 2022 Cal. App. LEXIS 241 (Cal. App. Mar. 24, 2022), the First Appellate District of the California Court of Appeal applied Delaware’s new formulation of the test for determining whether a...more

Farrell Fritz, P.C.

No Standing to Protect the Pine Barrens

Farrell Fritz, P.C. on

Before adjudication, a court must determine whether a plaintiff has standing. Standing means that the party has a right to access the courts for a particular dispute. A petitioner bears the burden to show an actual injury and...more

Bass, Berry & Sims PLC

States Have Joined the Fight to Challenge the Government Contractor Vaccine Mandate

Bass, Berry & Sims PLC on

At the end of October 2021, four complaints were filed by almost 20 states challenging the government contractor vaccine mandate. While some have suggested that these states, led by Republican governors, filed the suits for...more

Pierce Atwood LLP

Mass. Appeals Court Imports Chapter 40A Presumption of Standing into Boston Zoning Enabling Act

Pierce Atwood LLP on

A recent decision of the Massachusetts Appeals Court, Porter v. Board of Appeal of Boston (pdf), addressed the question of standing to appeal a variance granted by the Board of Appeal of Boston (“BOA”). Zoning in Boston is...more

Stradling Yocca Carlson & Rauth

Dismissal Of Marriott Data Breach Lawsuit Shows How Plaintiffs Still Face Standing Hurdles In The Post-CCPA Era

After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses.  Because of the act’s novelty, it was unclear whether...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – August 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more

Farrell Fritz, P.C.

New York State Environmental Conservation Law Preempts Local Municipality Hunting Restrictions in New York

Farrell Fritz, P.C. on

This week, a not-for-profit hunters advocacy group, Hunters For Deer, Inc. (HFD), won a decisive victory in the Second Department based on New York’s preemption doctrine.  In Hunters for Deer, Inc. v Town of Smithtown,...more

Farrell Fritz, P.C.

Standing And The Open Meetings Law

Farrell Fritz, P.C. on

A popular topic on this blog is standing in the context of a challenge to a municipal determination, primarily under the State Environmental Quality Review Act.   A recent case issued by the Appellate Division, Second...more

Farrell Fritz, P.C.

Second Department Affirms Dismissal of Article 78 Proceeding for Lack of Standing

Farrell Fritz, P.C. on

The City of New Rochelle adopted an ordinance in 2017, amending the zoning code to apply a senior citizen overlay district to certain real property comprised of approximately 3.4 acres at 121 Mill Road in New Rochelle.  The...more

Carlton Fields

High School Female Athletes Fail to Score on Class Certification

Carlton Fields on

The U.S. District Court for the District of Hawaii recently denied female student-athletes’ motion for class certification under Title IX even though it rejected the defendants’ attacks on mootness and standing as well as...more

Carlton Fields

Who Me? Couldn’t Be: Eleventh Circuit Finds Plaintiffs Lack Standing to Sue Ala. Attorney General in Equal Protection Lawsuit

Carlton Fields on

Plaintiffs often select a state’s Attorney General, the official who ordinarily exercises power to enforce state laws, as the defendant to sue in cases involving a constitutional challenge to a state law....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Denies Plaintiffs’ Right to Challenge Alabama Law as Discriminatory

On December 13, 2019, a split Eleventh Circuit Court of Appeals (sitting en banc) ruled that several black plaintiffs lacked standing to challenge the discriminatory intent behind an Alabama law that blocked the city of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Senate Confirms FDA Commissioner - The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more

Bilzin Sumberg

Florida Zoning Appeals Law: Miami Beach “Ban” on Short-Term Rentals Ruled Illegal

Bilzin Sumberg on

In recent years, online platforms like Airbnb and HomeAway have made it easier for property owners to enter into the short-term rental market, which allows property owners to generate supplemental income and defray the cost...more

44 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide