Articles
Resale Price Maintenance & State Law Holdups
In this paper, David S. Olson discusses the legal status of resale price maintenance agreements,...
Two Models of Public Pensions in State Supreme Court Decisions
In this paper, Thomas M. Johnson, Jr. describes two legal theories of public pensions that...
North Carolina Supreme Court Upholds State-Funded Private School Scholarships For Economically Disadvantaged Students
In Hart v. State,1 the North Carolina Supreme Court considered whether the Opportunity Scholarship Program (“OSP”),2 which provided...
Felix v. Ganley Chevrolet, Inc.
When the Ohio Supreme Court interprets state class-action law, it often relies on decisions from...
Tennessee Trial Court Strikes Down State’s Tort Reform Act
In the latest battle on the state level between the plaintiffs’ and defense bars, a...
West Virginia Rejects Wrongful Conduct Rule on Comparative Fault Grounds
In the latest round of litigation related to prescription drug abuse in Appalachia, the Supreme...
2014 Civil Justice Update
This paper recaps important legal developments in the civil justice movement that occurred in 2014....
Florida Supreme Court Finds Expectation of Privacy for Third Party Disclosures
In Tracey v. Florida, the Florida Supreme Court recently determined that the Fourth Amendment requires police...
Indiana Supreme Court Upholds the Right to Work: Rebuffs an Involuntary Servitude Challenge
In the past few years, four rust-belt states—Ohio, Michigan, Indiana and Wisconsin—have enacted “Right to...
Powers v. State of Wyoming: Separation of Powers and the Role of the Judiciary
In its 2013 General Session, the Wyoming Legislature passed Senate File 104, or Senate Enrolled...
Supreme Court of Ohio Upholds Challenge to the Application of Zoning Restrictions
Introduction The Supreme Court of Ohio has long held that land-use restrictions may not apply...
New Mexico Supreme Court Eliminates Foreseeability from Tort Duty Analysis
On May 8, 2014, the New Mexico Supreme Court significantly altered the state’s tort law...
Minnesota Supreme Court Holds Municipality Cannot Revoke Right to Maintain an Existing Commercial Land Use
A difficult and recurring question of municipal law is how, and when, can an existing land-use...
Missouri Supreme Court Unanimously Declares Cap on Punitive Damages Unconstitutional
In Lewellen v. Franklin (Lewellen),1 the Missouri Supreme Court unanimously held that a mandatory cap...
Recent Decisions of the Supreme Court of North Carolina
This paper aims to inform North Carolinians about some of the important cases decided in...
Washington Supreme Court Addresses Constitutionality of Water Pollution Control Mandate
In Lemire v. Department of Ecology (2013),1 the Washington Supreme Court addressed the constitutionality of...
Maryland Court of Appeals Limits Asbestos Liability
For decades, asbestos cases have wound their way through state and federal courts. The first...
New Jersey Supreme Court Strikes Down Reorganization of the Council on Affordable Housing
In a highly anticipated decision, the New Jersey Supreme Court rejected Governor Chris Christie’s attempt...