http://www.morelaw.com Constitutional Law Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-15658&s=CA&d=41965 This case involves the conflict between the right of families to be free of arbitrary governmental interference and the legitimate role of the state in protecting children from abuse. In 2005, B.F., the fourteen-year old daughter of Melissa Burke and Clifton Farina, ran away from home. One week after she returned, Mark Foster, an Alameda County police officer, met with B.F. to discuss formally the Wed, 11 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-13108&s=AK&d=42053 A landowner challenged a municipalitys delay in replatting and providing an accurate legal description of the land it took using its power of eminent domain, alleging that it unnecessarily interfered with his remainder property rights. As a remedy the landowner requested that the superior court dismiss the previously approved taking without prejudice or, alternatively, change the valuation date Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-10477&s=TX&d=41629 Plaintiffs are current and former students of Burleson High School, located in Burleson, Texas. In response to previous incidents, the high school adopted a policy prohibiting the display of the Confederate flag on school grounds. When plaintiffs A.M. and A.T. came to school at the beginning of the spring 2006 semester carrying purses adorned with large images of the Confederate battle flag, admin Sat, 10 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-10024&s=AL&d=41399 Because state supreme courts are the final arbiters of state law, when we write to a state law issue, we write in faint and disappearing ink, and once the state supreme court speaks the effect of anything we have written vanishes like the proverbial bat in daylight, only faster. Sultenfuss v. Snow, 35 F.3d 1494, 1504 (11th Cir. 1994) (Carnes, J., dissenting). A dozen years ago we held Fri, 11 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=No.%20527,%20Sept.%20Term,%202008&s=MD&d=41216 Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. (the Association), Azadeh Kaider (Azadeh), Brian Kaider (Brian), Lourdes Sandoval (Lourdes), and Santiago Sandoval (Santiago).1 The individual appellees are past and present members of the Associations Board of Directors. Th Mon, 31 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2007-SC-000517-DG&s=&d=40954 The present appeal comes to this Court by way of discretionary review from an action asserting negligence brought by Appellees, Orville Green, Catherine Green and Green's Motorcycle Salvage, Inc., against Appellants, Caneyville Volunteer Fire Department (hereinafter CVFD), the City of Caneyville and CVFD Fire Chief, Anthony Clark. At the outset, we note that the City of Caneyville was entitled to Tue, 11 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A-0456-07T20456-07T2&s=&d=40781 Defendants, City of East Orange, East Orange Board of Police Commissioners and East Orange Police Department, appeal from a final judgment awarding damages in the amount of $592,628 to plaintiff, Francis DeHerde, a retired East Orange police officer, for back salary and past and future pension benefits owed to him for alleged service as a de facto police sergeant or lieutenant, supervising the Tra Thu, 30 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1847&s=MO&d=40673 For some thirty years, school officials at South Iron Elementary School in Iron County, Missouri, permitted representatives of Gideons International to distribute Bibles to fifth grade students in the classroom, during the school day, in the presence of a teacher or school administrator. In February 2006, parents of several elementary school students commenced this action against the School Distri Sat, 18 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=03-1821&s=VA&d=40534 In this case, we consider whether Virginias "Partial Birth Infanticide" Act, Va. Code Ann. 18.2-71.1 (the "Virginia Act"), is facially unconstitutional. After the Commonwealth of Virginia enacted the Virginia Act in April 2003, but before its July 1, 2003 effective date, Richmond Medical Center and its owner and medical director, Dr. William Fitzhugh (collectively, "Dr. Fitzhugh"), commenced Fri, 3 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-35752&s=WA&d=40488 In 2002, the City of Seattle promulgated a set of rules governing the conduct of visitors to one of its major attractions, an 80-acre public park and entertainment complex known as the Seattle Center. The new rules regulated for the first time the behavior of the Centers street performers. We consider today the constitutional validity of some of those rules.Among other provisions, the new rules Wed, 24 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1329/1361&s=MI&d=40389 This case involves a challenge to the City of Detroits zoning and sign ordinances by an adult cabaret operating in the Citys central business district. The plaintiffs allege that the City has utilized the challenged ordinances to prevent the cabaret from transferring its business to a new owner and from erecting signage desired by the present owner.Although the district court held that the a Mon, 15 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-20816&s=&d=40372 This civil suit arises from the fatal shooting of Michael Goodman (Michael) by Harris County, Texas, Deputy Constable Terry Ashabranner (Ashabranner). Jeanette Goodman (Goodman), Michaels mother, appeals from the district courts grant of summary judgment in favor of Harris County and Constable Ron Hickman (Hickman) on her Texas Tort Claims Act (TTCA) causes of a Wed, 10 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2495&s=IL&d=40325 The issue in this case is jurisdiction. Christi Turpin, a former graduate student of Southern Illinois University (SIU), sued two deans and a professor inWe freely admit 1 to having absolutely no clue as to what her dissertation was all about. Its titleThe Link Between Vocational Rehabilitation Counselors Who Utilize Performance Technologies Competencies and the Resulting Impact Upon Their Cons Fri, 5 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2795&s=&d=40275 This appeal arises from the termination of employment of appellant, Bruce M. Venter, as the Chief Business Officer (CBO) for the Howard County Public Schools System (HCPSS) by the Superintendent of HCPSS, John ORourke. Specifically, appellant appeals from the Order of the Circuit Court for Howard County, dated January 11, 2007, affirming the Opinion issued by the Maryland State Boar Wed, 3 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-4241,%2008-4243%20&%2008-4244&s=IL&d=40287 Two municipalities in Illinois ban the possession of most handguns. After the Supreme Court held in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), that the second amendment entitles people to keep handguns at home for self-protection, several suits were filed against Chicago and Oak Park. All were dismissed on the ground that Heller dealt with a law enacted under the authority of the nati Tue, 2 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07SC905&s=CO&d=40811 Catholic Health Initiatives Colorado ("Catholic Health") challenges the imposition of a sales and use tax, claiming exemption under sections 14-4-76 and 14-4-21(5) of the City of Pueblo municipal code. The applicable portions of the municipal code exempt "charitable organizations" from payment of sales and use tax incurred "in the conduct of their regular religious or charitable functions or activ Mon, 1 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1471&s=VA&d=40157 This appeal arises out of plaintiff Tammy Fieldss suit under 42 U.S.C. 1983, which alleges that defendants conspired to prevent her from being hired as the local director of a county department of social services ("DSS") because of her political affiliation and in violation of her First Amendment rights. Defendants have appealed the district courts denial of their motions for summary judg Thu, 21 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=902%20F.2d%201158&s=NC&d=41059 The appellants brought this action against the Secretary of Revenue (the "Secretary") of the State of North Carolina (the "State") to enjoin the enforcement and challenge the constitutionality of N.C.Gen.Stat. Sec. 105-164.13(14) (the "Exemption"), which exempts "Holy Bibles" from the State's retail sales and use tax. The appellants claim that the Exemption violates the establishment clause of th Sun, 10 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2006%20OK%2031&s=OK&d=41184 1 The issues in the present cause are as follows: (1) whether the County's exercise of eminent domain in the instant cases is for public use in accordance with Article 2, 23 and Article 2, 24 of the Oklahoma Constitution and (2) whether the County's taking for purposes of economic development of Muskogee County constitutes "public purposes" within the meaning of 27 O.S. 2001 5 to suppor Sat, 9 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=ED91612&s=MO&d=39977 Alexander Kogan (Mr. Kogan), Phillip Kogan, IPD Sales & Marketing, LLC1 (IPD), OOO Air Structures American Technologies and Investment (Air Structures) (collectively the Kogan Parties)2 and Klaudia Kogan (Mrs. Kogan) appeal from the judgment of the trial court confirming the arbitration award issued in the dispute between the Scharf Parties3 and the Kogan Parties and Tue, 5 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-0331-cv&s=NY&d=39851 8 Plaintiffs-Appellants appeal from the judgment of the United States District Court for the9 Eastern District of New York (Charles P. Sifton, Judge), granting defendants motion for10 summary judgment and dismissing plaintiffs Amended Complaint. At issue in this litigation is11 an amendment to the Charter of the City of New York, entitled Local Law 51, which was passed12 by the City Coun Tue, 28 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A123445&s=CA&d=39647 Plaintiff Gigi Marie Somers (Somers) appeals from an order denying her petition for change of gender on her California birth certificate under Health and Safety Code section 103425.1 The court denied the petition on the basis that the statute requires a petitioner to file in the county of his or her residence, and plaintiff resides in Kansas. Kansas does not permit a change of gender on a birth ce Tue, 14 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07–1499&s=IA&d=39595 In this case, we must decide if our state statute limiting civil marriage to a union between a man and a woman violates the Iowa Constitution, as the district court ruled. On our review, we hold the Iowa marriage statute violates the equal protection clause of the Iowa Constitution. Therefore, we affirm the decision of the district court.I. Background Facts and Proceedings.This lawsuit is a ci Wed, 8 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-10092&s=TX&d=39367 Section 25.082(d) provides for a mandatory moment of silence to be observed in Texas schools in which a student may as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. TEX. EDUC. CODE 25.082(d). The provision, which became effective September 1, 2003, is a subsection of a broader statute Tue, 17 Mar 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2806&s=RI&d=39387 This insurance coverage dispute arises from efforts by the Environmental Protection Agency ("EPA") to remediate contamination at the Centredale Manor Superfund site (the "Site") in North Providence, Rhode Island. In 2000, the EPA designated Plaintiff-Appellee/Cross Appellant Emhart Industries, Inc. ("Emhart") a Potentially Responsible Party ("PRP") for the cleanup costs of the Site under t Fri, 13 Mar 2009 00:00:00 CST