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A government agency’s demand for property from a land-use permit applicant must satisfy the U.S. Supreme Court’s requirement that there be a nexus and rough proportionality between the agency’s demand and the effects of the proposed land use, even when ...

Tagged with: land-use regulation U.S. Supreme Court

A defendant could not be convicted of extortion under the Hobbs Act based on his attempting to compel an employee to recommend that his employer approve an investment. See “Justices overturn N.Y. extortion conviction” U.S. Supreme Court. Sekhar v. U.S., ...

Tagged with: extortion Hobbs Act U.S. Supreme Court

An employee is a “supervisor” for purposes of vicarious liability under Title VII only if she is empowered by the employer to take tangible employment actions against the victim. See “Top court limits supervisor liability under Title VII” U.S. Supreme ...

Tagged with: Faragher/Ellerth hostile environment racial harassment supervisor liability Title VII U.S. Supreme Court

A law predicating the award of international aid to combat HIV/AIDS on an agreement by recipients to adopt a policy explicitly opposing prostitution violates the First Amendment. U.S. Supreme Court. Agency for Int’l Development v. Alliance for Open Society Int’l, ...

Courts cannot consider the facts behind underlying convictions in determining whether to impose a sentencing enhancement under the Armed Career Criminal Act if the statutory elements of the underlying crime are clear. See “Justices rule against gov’t on sentencing enhancements.” ...

The FAA does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery. See “Justices: High cost no bar to class ...

Four of South Carolina’s most prominent trial lawyers are facing potential liability for millions of dollars in damages in the wake of Monday’s decision by the U.S. Supreme Court to broaden the protections afforded personal information compiled by state departments ...

Tagged with: client solicitation consumer protection Driver's Privacy Protection Act U.S. Supreme Court

The litigation exception to the federal Driver’s Privacy Protection Act does not allow attorneys to obtain the personal information of drivers for the “predominant purpose” of soliciting new clients. See “Attorneys can’t get driver information to solicit clients, justices rule” ...

Tagged with: attorneys client solicitation consumer protection Driver's Privacy Protection Act U.S. Supreme Court

Arizona’s evidence-of-citizenship requirement, as applied to Federal Form voter registration applicants, is pre-empted by the federal National Voter Registration Act. See “Court nixes Ariz. proof of citizenship law.” U.S. Supreme Court. Arizona v. Inter Tribal Council of Ariz. Inc., No. ...

The Fifth Amendment right to remain silent is not self-executing; it must be expressly invoked by a witness during pre-arrest questioning by police. See “Court: Silence not enough to invoke ‘Miranda’ right.” U.S. Supreme Court. Salinas v. Texas, No. 12-246. ...