CONSTITUTIONAL LAW:   The First Amendment and Personal Social Media
National Legal Research Group, Inc
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6M ago
Anne Hemenway—Senior Attorney       On March 15, 2024, the United States Supreme Court decided a pair of cases from Michigan and California on the issue of whether a public official violates the First Amendment by blocking individuals from the public official's personal social media page. In the Michigan case, Lindke v. Freed, 601 U.S. 187, 144 S. Ct. 756, 218 L. Ed. 2d 121 (2024), Kevin Lindke, a private citizen argued that James R. Freed, the unelected city manager of Port Huron, Michigan, violated his free speech rights when the unelected official blocked the complaining citi ..read more
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Attorney and Client: Defamation Crime-Fraud Exception to the Attorney-Client Privilege Is Not Applicable to Defamation Claims
National Legal Research Group, Inc
by Amy Gore
6M ago
Amy G. Gore—Senior Attorney          The attorney-client privilege has traditionally limited the disclosure of properly qualified communications between an attorney and a client who is seeking legal advice. The limits of the privilege were tested in a recent Illinois decision in MacDonald v. Wagenmaker, 2024 IL App (1st) 230089, ¶ 1. There, HBC, an evangelical Christian megachurch terminated its senior pastor and retained attorneys to investigate claims of financial misappropriations. The church instructed the attorneys to post a letter outlining the attorneys’ finding ..read more
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ELECTION LAW:  Federal District Court Judge Orders Georgia Lawmakers to Redraw Congressional Map for the 2024 Election
National Legal Research Group, Inc
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1y ago
ELECTION LAW:  Federal District Court Judge Orders Georgia Lawmakers to Redraw Congressional Map for the 2024 Election  Anne B. Hemenway—Senior Attorney       On October 26, 2023, in three cases similar to the U.S. Supreme Court decision rejecting Alabama's congressional map, the Federal District Court for the Northern District of Georgia in Alpha Phi Alpha Fraternity, Inc. v. Brad Raffensperger, No. 1:21-CV-05337-SCJ, Pendergrass v. Brad Raffensperger, No. 1:21-CV-05339-SCJ, and Grant v. Brad Raffensperger, No. 1:22-CV-00122-SCJ, 2023 U.S. Dist. LEXIS 192080 ..read more
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PUBLIC LAW:  The Continued Vitality of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics
National Legal Research Group, Inc
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1y ago
Suzanne Bailey, Senior Attorney             In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), the U.S. Supreme Court recognized an implied right of action for damages by a victim of a constitutional violation by a federal agent against that federal agent in federal court. In that case, the plaintiff sought damages for a violation of his Fourth Amendment rights when federal narcotics agent conducted a warrantless search of his apartment, arrested him for alleged narcotics violations, and subjected hi ..read more
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CONSTITUTIONAL LAW: Ban on Possession of Large-Capacity Magazines Did Not Facially Violate the Second Amendment
National Legal Research Group, Inc
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3y ago
John Stone—Senior Attorney, National Legal Research Group             The Ninth Circuit Court of Appeals has held that assuming a California state statute prohibiting, with certain exceptions, the possession of large-capacity magazines holding more than 10 rounds of ammunition implicated the Second Amendment, the statute did not facially violate the Second Amendment. Under an intermediate scrutiny analysis, the court reasoned that the statute was a reasonable fit for an important government interest of reducing the devastating damage wroug ..read more
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CIVIL RIGHTS/CONSTITUTIONAL LAW: Pitt Bull Owners’ § 1983 Action May Proceed
National Legal Research Group, Inc
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3y ago
Trish Sifka—Senior Attorney,  National Legal Research Group                                                  In May 2021, the Eight h Circuit affirmed the denial of the City of Minneapolis’s and a police officer’s motion to dismiss dog owners’ unlawful search and seizure claim under 42 U.S.C. § 1983. LeMay v. Mays, 18 F.4th 283 (8th Cir. 2021). Plaintiffs Jennifer LeMay and Courtney Livingston owned two pit bulls named Ciroc and Rocko ..read more
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CONSTITUTIONAL LAW: History and the Application of the Second Amendment
National Legal Research Group, Inc
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3y ago
Jim Witt—Senior Attorney, National Legal Research Group             Historical background has always played an important role in the development of case law under the U.S. Constitution. With the emergence of original-intent theory, history, especially the legal history of England, has become even more influential. This point is exemplified by the continuing questions that arise over the interpretation of the Second Amendment to the U.S. Constitution, "Keeping and Bearing Arms—A well regulated Militia, being necessary to the security of a f ..read more
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Chevron Deference Does Not Always Result in Support for the Government's Position
National Legal Research Group, Inc
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4y ago
Suzanne L. Bailey—Senior Attorney, National Legal Research Group             It is well-established law that when a federal court reviews a federal agency's construction of a statute it administers, the court will look to whether Congress has addressed the precise question at issue. If the court determines that Congress has not directly addressed the issue, rather than imposing its own construction of the statute, the court will defer to the administrative agency's permissible construction of the statute. This standard of review is called ..read more
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CORONAVIRUS: Hoarding During the Pandemic
National Legal Research Group, Inc
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4y ago
Jim Witt—Senior Attorney, National Legal Research Group             While the as yet unexplained hoarding of toilet paper may be thought of as the light side of the coronavirus pandemic, on the not-so-light side is the hoarding of medical supplies, notably drugs and medical equipment such as masks and ventilators. The federal government has taken two steps in this regard—first, an Executive Order from the President, and, second, a warning from the Department of Justice.             Exe ..read more
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CONTRACTS: Emergency Orders and Delayed/Excused Action
National Legal Research Group, Inc
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4y ago
Jason Holder—Senior Attorney, National Legal Research Group        With the spread of COVID-19, most jurisdictions have declared a state of emergency and/or issued executive orders curtailing daily life. See, e.g., Cal. Exec. Order N-33-20 (Californians must "stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors"); D.C. Mayor’s Order 2020-054 (District residents must "stay in their residences except to perform essential activities, engage in essential business, provide or obtain governme ..read more
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