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.Read More »
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.Read More »
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)Read More »
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 ...
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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 ...
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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 ...
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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 ...
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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, ...
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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 ...
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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 ...
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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 ...
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