“Preserve” Your Constitutional Rights, But Not Against A Private Employer

The world is seemingly going back to pre-Covid normalcy.  Masks, while still present some places, no longer litter the trashcans outside grocery stores and restaurants.  People are taking a big breath of fresh air, and not just six feet from someone. Nevertheless, litigation concerning Covid and company policies regarding the vaccine linger in courts around the U.S.  One such case has seemingly come to an end and the company is out of a...
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Sixth Circuit Strikes Down Workers’ Compensation Claimant Solicitation Law

I read frequently about legal opinions interpreting various laws governing the employer-employee relationship.  Less often, I encounter one concerning the employment lawyer-client relationship.  So when I came across a recent case, Bevan & Associates, LPA, Inc., et al. v Yost, et al., No. 18-3262 (6th Cir. 7/8/19), in which the Sixth Circuit discussed the constitutionality of a state law banning solicitation of workers’ compensation...
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Marital Association Claim Nixed By Eighth Circuit

As most of us know, the First Amendment protects “freedom of association,” among the various protections it offers.   And, what could be much more associational than marriage?  Courts refer to that as “intimate association.”   The constitutional right to intimate association protects the formation and preservation of certain kinds of highly personal relationships, thereby restricting governmental intrusion and interference. A recent...
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Baltimore Prosecutor Who Opposed Mosby’s Election Loses First Amendment Challenge

Keri Borzilleri, a former high-ranking Assistant State’s Attorney (ASA) who worked for nine years in the Baltimore City State’s Attorney’s office, was fired without cause just four days after Marilyn Mosby took office as the newly elected lead prosecutor in 2015. Though no explanation was publicly given, Borzilleri was likely terminated for having supported Mosby’s political opponent, Gregg Bernstein, during the election cycle. According to...
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