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Constitutional Law: Second Amendment-Alien Firearm Possession-Sentencing
U.S. v. Sitladeen (MLW No. 79695/Case No. 22-1010 – 18 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, District of Minnesota, J.
Constitutional Law: Insulin Affordability Act-Takings Clause-Standing
Pharmaceutical Research and Manufacturers of America v. Williams (MLW No. 79678/Case No. 21-1731 – 28 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, District of Minnesota, J.
Constitutional Law: Firearm Rights-Convictions in Multiple States-Brady Handgun Violence Prevention Act
Smith v. U.S. (MLW No. 79630/Case No. 22-1053 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, District of Minnesota, Tostrud, J. (Lynne A. Torgerson, of Minneapolis, MN for appellant) (Michael Raab, of Washington, D.C.; Mark B. Stern, of Washington, D.C.; Abby Wright, of Washington, D.C.; and Kyle T. Edwards, of Washington, D.C. for appellee)
Constitutional Law: Certificate of Need Laws-Due Process
Where health care providers and their patients sued the Iowa Department of Public Health claiming that the state’s certificate of need laws were unconstitutional, the district court did not err in dismissing the Privileges and Immunities Clause claim for failure to state a claim, and summary judgment was proper for the state defendants on the […]
Constitutional Law: Lethal Injection Protocol-Seizure Disorder
Where a Missouri prisoner under a death sentence challenged the constitutionality of the state’s method of execution as applied to him, the district court’s granting of the state’s motion to dismiss for failure to state a claim is affirmed based on the U.S. Supreme Court’s decision in Bucklew v. Precythe. Judgment is affirmed. Johnson v. […]
Constitutional Law: Picketing-Labor Negotiations-Severance
Where dispatchers claimed statutory prohibitions against picketing violated constitutional rights to equal protection, free speech, peaceable assembly and collective bargaining under the Missouri Constitution, and the trial court declared Section 105.585(2) unconstitutional and enjoined the defendants from applying the prohibition against picketing in negotiating any collective bargaining agreemen[...]
Constitutional Law: Dormant Commerce Clause-Undue Burden-Right of First Refusal Provision
Where a transmission company challenged a state’s right of first refusal provision as a violation of the dormant commerce clause, the law was not facially discriminatory and had neither a discriminatory purpose nor effect, and the burden imposed by law was not clearly excessive in relation to the state’s legitimate interest in regulating its electric […]
Elections: Election Donations-Blackout Period-First Amendment
Where appellant, who wished to donate to candidates running for state office in Arkansas, claimed that a blackout period prohibiting donations until two years before election day violated her First Amendment rights, the appellant demonstrated standing to bring the action, and the district court properly found that the appellant was likely to succeed on the […]
Constitutional Law: Free Speech-Liquor Control Laws-Prohibition on Retail Advertising
The state of Missouri appealed from the judgment of the district court, which ruled that provisions of the state’s liquor control law that prohibited alcohol producers and distributors from retail advertising were unconstitutional as violative of their First Amendment free-speech rights. Missouri argued that the statute did not implicate the First Amendment, and even if […]
Constitutional Law: Inverse Condemnation-Land-Use Regulations-Religious Exercise
Where a Catholic high school challenged city zoning regulations that prohibit the school from using lighting and sound systems on its baseball field, the district court properly granted summary judgment to the city defendant on the school’s claim brought under the Religious Land Use and Institutionalized Persons Act because the school did not show that […]
Constitutional Law: Bivens Claim-Failure to Exhaust
Where a former federal inmate challenged an adverse summary judgment in his actions raising Bivens claims, the dismissal of the claims for failure to exhaust administrative remedies was mandatory based on undisputed evidence that the inmate did not properly exhaust his remedies before filing. Judgment is affirmed. Brown v. Cooper (MLW No. 74297/Case No. 19-1387 […]
Elections: Election Validity-Subject-Matter Jurisdiction
Where a voter challenged an election that authorized the imposition of a sales tax, and the trial court granted the defendants’ motion to dismiss the voter’s petition for lack of subject-matter jurisdiction, the court erred in dismissing for lack of subject-matter jurisdiction because the trial court has subject-matter jurisdiction over all civil cases, and the […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
- Legal Limelight: Bill Bay, Partner, Thompson Coburn, St. Louis
- NIL new to college world, but not novel
