Constitutional Law
The Story Continues: Federal Court Strikes Down The FTC’s Non-Compete Ban
Earlier this year, we provided an update on the United States Federal Trade Commission (FTC)’s promulgation of its Rule banning non-compete agreements. Expectedly, the Rule was challenged. On August 20, 2024, the United States District Court for the Northern District of Texas issued an opinion and order setting aside the FTC’s Non-Compete Ban and preventing its enforcement. WHAT HAPPENED?W
The FTC Issues Non-Compete Ban – What Now?
In Michigan, courts generally presume the legality, validity, and enforceability of contracts. Although noncompete agreements have generally been disfavored by the law, they are enforceable to the extent that they are reasonable in time, geographic distance, and competitive interest. This may all be changing soon though. On April 23, 2024, the Federal Trade Commission (FTC) issued a Final Rule cr
DOJ Files Statement of Interest Supporting Church’s Free Meal Program
The Justice Department filed a statement of interest in the U.S. District Court for the District of Oregon explaining that a city’s decision to restrict a church’s distribution of meals to people who are homeless or hungry may have substantially burdened religious exercise under the Religious Land Use and Institutionalized Persons Act (RLUIPA). A statement of interest may be filed by the Depar
SCOTUS Strikes Down One Vaccine Mandate, Upholds Another
On January 13, the Supreme Court of the United States (SCOTUS) struck down the Biden Administration’s vaccine mandate that was to apply to all large employers. That same day, the Supreme Court upheld the administration’s vaccine mandate that applies to healthcare workers at healthcare facilities that receive Medicare and Medicaid. These cases were closely watched by Supreme Court observers af
Local Government Forced to Issue Bonds to Pay RLUIPA Legal Fees
A New York case is the latest example of why local governments should proceed carefully in RLUIPA litigation to avoid costly outcomes. In the case of the Village of Pomona, NY (Pomona), a RLUIPA case that has dragged on for more than a decade – bouncing from the district court to the circuit court of appeals and back – has resulted in the government being responsible for $2.5 million of the pr
SCOTUS Sides with Amish Community on RLUIPA Land Use Claim
The Supreme Court of the United States (SCOTUS) has finally reached the merits of a RLUIPA land use matter – sort of. To the extent the court touched on the RLUIPA questions in Mast v. Fillmore County on July 2nd, the overarching message from at least one justice was clear: RLUIPA protections are broad and local governments can infringe on religious liberties only as a matter of last resort.What
Amish Community Waiting to See if SCOTUS Will Review RLUIPA Claim
It appears as though another term of the Supreme Court will close without the high court evaluating a religious land use claim under The Religious Land Use and Institutionalized Persons Act (RLUIPA). An Amish community from Minnesota had asked the U.S. Supreme Court to consider whether state laws requiring the community to install septic tank systems in their homes violates RLUIPA. However, the Co
Maryland Church Awarded $1.1m in RLUIPA Verdict Over County Environmental Considerations
For more than 20 years now, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has sought to ensure houses of worship are treated the same as similar secular land uses, regardless of other considerations or laws that might be implicated. A recent case out of Maryland reaffirms this concept, as a Baptist church prevailed in May on its Equal Terms claim and won permission to build its
Federal Government, New Jersey Town Reach Settlement of RLUIPA Case One Day After It Was Filed
In most Religious Land Use and Institutionalized Persons Act (RLUIPA) cases, the plaintiff is a religious organization and the defendant is a local government. However, there are some instances when the religious organization gains the support of a second, powerful plaintiff - the U.S. Department of Justice. That was the case in a RLUIPA matter out of New Jersey, where the presence of the federal
Supreme Court Issues RLUIPA Opinion Related to Prisoners; Still Has Not Reached Land Use Issue
It was just last year that the Religious Land Use and Institutionalized Persons Act, or RLUIPA, celebrated its 20th anniversary. During that time, the U.S. Supreme Court has never issued a substantive opinion on a religious land use matter based on RLUIPA. However, the Supreme Court has now issued an order implicating the other aspect of RLUIPA – institutionalized persons – when it ordered tha