State Court Docket Watch

  • Service Employees International Union, Local 1 v. Vos

    Docket Watch 2020 By Andrew C. Cook & Corydon James Fish I. Introduction In 2018, Wisconsin Governor Scott Walker and Attorney General Brad Schimel were unseated in the midterm elections by their Democratic opponents, while the Republicans in the legislature maintained full control of both the assembly and senate. A month after the 2018 gubernatorial […]

  • Foster v. Commissioner of Correction

    Docket Watch 2020 By Kymberlee Stapleton Correctional facilities across the United States house and employ large numbers of people. Keeping these people safe during the COVID-19 pandemic has been a tremendous challenge. In April 2020, several incarcerated inmates and individuals civilly committed for substance abuse treatment filed a class action lawsuit in a Massachusetts court […]

  • Hawkins v. Wisconsin Elections Commission

    Docket Watch 2020 By Andrew C. Cook Wisconsin was one of the few swing states in 2016 and was considered a key battleground state again in 2020. In 2016, President Donald Trump carried Wisconsin by 22,748 votes. With such a razor-thin margin separating the top two presidential candidates, in 2020 the major parties were concerned […]

  • Pennsylvania Democratic Party v. Boockvar

    Docket Watch 2020 By J. Christian Adams & Kaylan L. Phillips Pennsylvania, like most states in 2020, has seen contested election litigation. In Pennsylvania Democratic Party v. Boockvar, the state supreme court determined that the county board of elections may accept mail-in ballots outside of their offices, including in unmanned drop-boxes; and that the deadline […]

  • Berry v. City of Chicago

    Docket Watch 2020 By Christopher Appel In Berry v. City of Chicago,[1] the Illinois Supreme Court held that plaintiffs alleging an increased risk of injury as a result of a defendant’s negligence cannot recover medical monitoring damages in the absence of a present physical injury. The court’s decision to reject a recovery based on the […]

  • Thompson v. DeSantis

    Docket Watch 2020 By Chloe C. Leedom On September 11, 2020, the Supreme Court of Florida unanimously granted Florida State Representative Geraldine Thompson’s amended petition for a writ of mandamus ordering Florida Governor Ron DeSantis to appoint an eligible nominee to fill the vacancy left on Florida’s Supreme Court by Justice Robert Luck in November […]

  • McClay v. Airport Management Services, LLC

    Docket Watch 2020 By Mark A. Behrens In McClay v. Airport Management Services, LLC,[1] the Tennessee Supreme Court upheld the state’s $750,000 cap on noneconomic damages in personal injury cases ($1 million for “catastrophic loss or injury”).[2] The court, answering certified questions from the United States District Court for the Middle District of Tennessee, concluded […]

  • State v. Arevalo

    Docket Watch 2020 By Jacob Huebert People who want to challenge a state or federal law for violating their constitutional rights face an uphill battle, thanks in part to the “presumption of constitutionality”—a principle invented by judges under which legislation is presumed to be constitutional unless a party challenging it can prove otherwise. But a […]

  • Frlekin v. Apple Inc.

    Docket Watch 2020 By Jeremy B. Rosen Shoplifting and theft costs U.S. retailers $48.9 billion each year, and 30 percent of all retail theft is committed by employees.[1] These sizable costs sap revenues for businesses, raise prices for consumers, and decrease wages and available jobs for workers. In response, many retailers require exit searches or […]

  • In Re State of Texas

    Docket Watch 2020 By Cory Liu In In re State of Texas, the Texas Supreme Court held that a voter’s lack of COVID-19 immunity, without more, does not qualify as a “disability” for an application to vote by mail under Texas Election Code § 82.002. In Texas, voters are generally required to vote in person. […]

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  • Democratic Appointment

    Judges are appointed directly by a democratic body, or appointed by the governor with the advice and consent of some democratic body.