by Jake Madden on June 26, 2019
Recent Court Decisions, U.S. Supreme Court,
On June 21, 2019, the Supreme Court paved the way for property owners to sue local, county, and state governments in federal court.
In a 5-4 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019) the United States Supreme Court overruled the precedent set by Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985).
... Continue Reading
Inverse Condemnation, Knick v. Township of Scott, Takings Clause, United States Supreme Court,
by David G. Ritchie on March 29, 2016
Employment Law, Recent Court Decisions, U.S. Supreme Court, Unions,
Previously we wrote about Friedrichs v. California Teachers Association (a link to our previous article is here), a case involving whether public-sector union fair share arrangements are invalid because they violate individual first amendment rights.
Today, the Supreme court divided equally in deciding the case and issued a one-sentence decision affirming the Appellate Court decision and leaving earlier precedent, including the Abood case intact (as criticized as it has become.) The case was decided by an eight-member Court, which could have held the case over for re-argument after confirmation ... Continue Reading
Abood Case, California Teachers Association, Fair Share Arrangements, Friedrichs, Ninth Circuit, Union Shop,
by David G. Ritchie on January 11, 2016
U.S. Supreme Court, Unions,
Today, the U.S. Supreme Court is set to hear oral argument in Friedrichs v. California Teachers Association, Docket No. 14-915, a case in which the Court will be asked to decide whether “agency shop” arrangements violate the First Amendment rights of public-sector school employees on the premise that a public-sector unions’ activities are inseparably integrated into political speech.
“Agency shop” is a permitted arrangement under California law whereby a union can charge non-members a fee, sometimes called an “agency fee” or “fair share fee” for negotiation and representation ... Continue Reading
Agency Fees, Agency Shop, Dills Act, Employer-Employee Relations Act, Higher Education Employer-Employee Relations Act, Meyers Milias Brown Act, Transit Employer-Employee Relations Act, Trial Court Employee Protection & Governance Act, Trial Court Interpreter Employment and Labor Relations Act, Union Dues,