Where the manufacturing company posted notices about then-ongoing negotiations with the union, but did so in a straightforward manner that expressed its position without directly or indirectly soliciting employee action, it did not commit an unfair labor practice. Background Tecnocap ...
Read More »Labor/Employment – Notices on negotiations wasn’t unfair labor practice
Tort/Negligence – School knew of student’s alleged assault of another 
Where a high school student reported conduct that could be objectively understood as alleging sexual harassment to a school official with authority to address complaints of sexual harassment and to institute corrective measures, that establishes actual notice of such harassment ...
Read More »Constitutional – N.C. abortion providers had standing to challenge law 
Where North Carolina amended its statutes in 2015 to require an abortion be performed by a “qualified” physician and to narrow the definition of a medical emergency, those changes evidenced a continuing state interest in regulating abortion that, with the ...
Read More »Constitutional – Ban on broadcasting criminal proceedings challenged 
Where Maryland Rules require the recording of proceedings and allow the public to obtain copies of those proceedings, a ban on broadcasting those recordings was subject to strict scrutiny. Because the district court applied only intermediate scrutiny in upholding the ...
Read More »Constitutional – Sex offender denied visits with minor daughter 
Where the convicted sex-offender failed to show a regulation prohibiting sex offenders from having in-person visits with minors unless they received an exception lacked “a rational relation to legitimate penological interests,” his First Amendment right to association claim was dismissed. ...
Read More »Constitutional – Maryland governor, AG improperly named as defendants 
Where a professional counselor seeking to provide talk therapy to reduce his minor clients’ same-sex attractions alleged a Maryland law proscribing this practice violated the First Amendment, he improperly sued the governor and attorney general. Neither defendant was sufficiently connected ...
Read More »Criminal Practice – Falsely claiming to be AUSA nets conviction 
Where the defendant falsely told police officers and court officials that the charges brought against him would be dismissed because he was an Assistant United States attorney, or AUSA, and repeated that he was an AUSA when he was trying ...
Read More »Civil Practice – Amended complaint supplied basis for removal 
Where the original complaint filed by a landowner alleging her house was damaged when a railroad diverted water asserted only state-law claims for negligence, nuisance and trespass, but her amended complaint included new claims for adverse possession and prescriptive easement ...
Read More »Criminal Practice – Question about illegal items in car wasn’t improper 
Where a police officer asked two occupants in a stopped car whether there was “anything illegal” in the car, the motion to suppress firearms found in the car was denied because the question went to officer safety, given the time ...
Read More »Constitutional – Suit unripe, moot where challenged opinions withdrawn 
Where a labor union challenged advisory opinions limiting government employees’ speech about impeachment efforts in 2020, but those opinions were withdrawn after then-President Trump left office and there was no credible allegation of any chilling effect from the opinions while ...
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