USA Archive - Law Commentary

Color-coded and labeled medical files organized in a storage area.

Man Who Seeks Removal From Sex Offender Registry Can Quash Subpoena for His Psychiatric Records

When he was 18, petitioner Dominique John Whitehair pled guilty to misdemeanor charges that he annoyed or molested a child while “motivated by an unnatural or abnormal interest in the minor.” The court ordered him to register as a sex offender. Sixteen years later, his conviction was expunged. Shortly thereafter,... Read More about Man Who Seeks Removal From Sex Offender Registry Can Quash Subpoena for His Psychiatric Records

Traffic congestion on a busy New York City street with yellow taxis and other vehicles.

NJ Files Federal Lawsuit Against US Department of Transportation Over “Unfair” NYC Congestion Pricing Law

The city that never sleeps is overwhelmed with traffic. Last week, the US Department of Transportation (DOT) approved a New York City plan to make toll drivers pay higher prices due to congestion and its effect on air pollution. New Jersey, with 400,000 daily commuters driving into the packed Manhattan... Read More about NJ Files Federal Lawsuit Against US Department of Transportation Over “Unfair” NYC Congestion Pricing Law

A view of a courtroom with empty benches, wooden furnishings, and windows allowing natural light.

Lawyer, Who Might Become a Defendant, Can’t Represent Himself

The State Bar of California adopted its Rules of Professional Conduct (CRPC) to regulate the behavior of lawyers who would be subject to discipline for willful violations. When a lawyer threatened to use the personal, confidential information he had obtained in a previous case against a former client who was... Read More about Lawyer, Who Might Become a Defendant, Can’t Represent Himself

New Jersey Governor Phil Murphy speaking during a press conference.

NJ Gov. Phil Murphy Stands by Decision to Sue School Districts Over Policies That Would Out LGBTQIA+ Students

In an interview with Face the Nation earlier this week, Gov. Phil Murphy stood by his decision to file suit against three school districts over a new policy that would require teachers and school administrators to alert parents if their K-8th grade student shows signs or behaviors regarding changing their... Read More about NJ Gov. Phil Murphy Stands by Decision to Sue School Districts Over Policies That Would Out LGBTQIA+ Students

Police car on a highway with "HIGHWAY" written on the side.

Tennessee Highway Patrol Officer Files Lawsuit After Being Denied a Job Over His HIV Diagnosis

A Tennessee police officer has filed an employment discrimination lawsuit against the Metropolitan Government of Nashville and Davidson County. The police officer, who is only identified as John Doe, is described as a 45-year-old Black man and a decorated civil servant. Despite his work history and background, he claims the... Read More about Tennessee Highway Patrol Officer Files Lawsuit After Being Denied a Job Over His HIV Diagnosis

A modern bookstore interior filled with rows of books on shelves and a display of titles in the foreground.

The Censoring of America: Bookstore Owners, Publishers, and Authors File Federal Suit in Austin

If there are any groups of people you should especially not try to censor, they would be bookstore owners, publishers and authors. In Austin a few days ago, these groups filed a federal suit arguing that the Texas “Restricting Explicit and Adult-Designated Educational Resources Act” (H.B. 900) is unconstitutional. The... Read More about The Censoring of America: Bookstore Owners, Publishers, and Authors File Federal Suit in Austin

A judge's gavel sits on a desk beside a hand holding a pen writing on a document, symbolizing court proceedings and legal decisions.

CA Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims, Sidesteps SCOTUS Ruling

The California Supreme Court carved out a victory for workers this week, limiting the impact of a U.S. Supreme Court decision that gave more power to employers in avoiding class actions. The ruling concerns California’s Private Attorneys General Act (PAGA). PAGA authorizes an employee to bring a civil claim against... Read More about CA Supreme Court Limits Utility of Arbitration Agreements for PAGA Claims, Sidesteps SCOTUS Ruling

Crane on fire during collapse in Manhattan, surrounded by buildings.

Preliminary Investigation Blames Engine Fire in New York City’s Crane Collapse

Officials are continuing their investigation into what caused a crane arm to catch fire and partially collapse while it was carrying at least 16 tons of concrete. The collapse occurred during the early morning rush hour at about 7:25 on July 26 in the heart of Manhattan at 550 10th... Read More about Preliminary Investigation Blames Engine Fire in New York City’s Crane Collapse

Aerial view of a floating barrier installed in the Rio Grande River near Eagle Pass, Texas, intended to deter migrants from crossing into the US.

DOJ Sues Texas Governor Greg Abbot Over Floating Barriers Intended to Stop Migrants

The Biden Administration has filed a lawsuit against Texas Republican Governor Greg Abbott after his latest effort to curb illegal immigration across the Rio Grande River near Eagle Pass. Earlier this month, Governor Abbott began the installation of a 1000-foot floating barrier on the Rio Grande. The floating buoys are... Read More about DOJ Sues Texas Governor Greg Abbot Over Floating Barriers Intended to Stop Migrants

CA Supreme Court Rules Physician Group Can Sue Aetna for Unfair Competition

This week, the California Supreme Court ruled that organizations may have standing to sue under California’s Unfair Competition Law. The decision re-opened a lawsuit brought by the California Medical Association against Aetna for alleged anti-competitive conduct. The case titled California Medical Association v. Aetna Health of California, Inc. concerned the... Read More about CA Supreme Court Rules Physician Group Can Sue Aetna for Unfair Competition

Fourth Lawsuit Accusing Northwestern University of Hazing Filed, More Expected

Northwestern University is facing yet another lawsuit accusing school officials of allowing hazing rituals to run rampant throughout the university’s athletic program. The most recent lawsuit was filed by a former football player, Lloyd Yates, who was a freshman quarterback in 2015. Yates is represented by civil rights attorney Ben... Read More about Fourth Lawsuit Accusing Northwestern University of Hazing Filed, More Expected

Group of students sitting together, each using their smartphones.

Tennessee Student Sues School Admin After His Suspension Over Instagram Memes

A Tennessee high school student is taking legal action after he was suspended for three days following what he called a violation of his freedom of speech. The lawsuit was filed last Wednesday in the Eastern District of Tennessee Winchester Division. The boy is a rising senior at Tullahoma High... Read More about Tennessee Student Sues School Admin After His Suspension Over Instagram Memes

Close-up of the California State Capitol dome with American and California flags flying.

California Law That Bars Local Government Employees from Political Fundraising at Work Is Unconstitutional

Employees who work for local governments will no longer have fewer rights to solicit political contributions from their fellow workers than those who work for state governments. The Ninth Circuit Court of Appeals ruled that a section of the law that barred all their solicitations is constitutional. In 1996, California... Read More about California Law That Bars Local Government Employees from Political Fundraising at Work Is Unconstitutional

A person pouring Johnson & Johnson baby powder into their hand.

Jury Orders J&J to Pay Cancer Patient $18.8M in Baby Powder Lawsuit

A jury has ordered Johnson & Johnson to pay $18.8 million to a California man who said the company's popular talc-based baby powder caused him to develop cancer. Twenty-four-year-old Emory Hernandez Valadez filed his lawsuit last year in California state court against the pharmaceutical and consumer manufacturer accusing it of... Read More about Jury Orders J&J to Pay Cancer Patient $18.8M in Baby Powder Lawsuit

A police officer guides a drug-sniffing dog as it investigates the interior of a vehicle.

Twelve-Minute Traffic Stop to Wait for Drug-Sniffing Dog Violates Fourth Amendment

A California Court of Appeals has ruled that a driver who was pulled over for making an unsafe lane change, then detained while a police officer conducted an illegal “dog sniff,” will get a new trial where the evidence gathered by the ”certified narcotics collection police dog” will be suppressed. ... Read More about Twelve-Minute Traffic Stop to Wait for Drug-Sniffing Dog Violates Fourth Amendment