State Court Docket Watch

Mitchell v. Roberts

Docket Watch 2020 By Samantha Harris Mitchell v. Roberts came before the Utah Supreme Court on certification from the U.S. District Court for the District of Utah.[1] The plaintiff, Terry Mitchell, brought claims against the defendant, Richard Roberts, based on allegations that he had sexually abused her when she was a teenager in 1981. Although […]

The Effect of Ramos v. Louisiana

Docket Watch 2020 By GianCaro Canaparo In April of this year, the Supreme Court decided Ramos v. Louisiana, holding that the Sixth Amendment’s[1] requirement of jury unanimity in criminal convictions was incorporated against the states.[2] At the time of Evangelisto Ramos’s conviction, Louisiana permitted non-unanimous convictions based on 10-to-2 or 11-to-1 jury votes. In the […]

Jackson v. Raffensperger

Docket Watch 2020 By Anastasia P. Boden A Georgia trial court recently held that the state constitution “does not recognize a right to work in one’s chosen profession.”[1] In Jackson v. Raffensperger, the Georgia Supreme Court reversed that decision and reaffirmed the state constitution’s role in protecting people’s ability to pursue a livelihood without unreasonable […]

Ladd v. Real Estate Commission

Docket Watch 2020 By Anastasia P. Boden In Ladd v. Real Estate Commission,[1] the plaintiff Sarah Ladd was an entrepreneur who used ingenuity and the burgeoning short term rental industry to her advantage. She built a business handling marketing and other logistics for short term rentals, including responding to inquiries, coordinating bookings, managing billing, and […]

Institute For Responsible Alcohol Policy v. Oklahoma ex rel. Alcohol Beverage Laws Enforcement Comm.

Docket Watch 2020 By Jarrett Dieterle In January 2020, the Oklahoma Supreme Court upheld a challenge under the Oklahoma Constitution to a state law concerning so-called “forced sale clauses”[1] under the state’s system of regulation for alcoholic beverages.[2] The story traces back to 2016, when the Oklahoma Legislature passed a joint resolution to place State […]

In re Salon a la Mode, et al.

Docket Watch 2020 By Ken Paxton In response to the global pandemic caused by COVID-19, local authorities in Texas, like local authorities across the country, issued a variety of orders with the goal of flattening the curve. Many of those orders prevented “non-essential” businesses from operating and limited the ability of individuals to travel freely. […]

Morrisey v. West Virginia AFL-CIO

Docket Watch 2020 By Elbert Lin Just over four years after its enactment, West Virginia’s Right to Work law (the Act) has been definitively upheld by the State’s highest court.  In February 2016, the West Virginia Legislature passed the Act, overrode the Governor’s veto, and made West Virginia the 26th state to enact right-to-work legislation.  […]

Newell Normand, Sheriff & Ex-Officio Tax Collector for the Parish of Jefferson v. Walmart.com, USA LLC

Docket Watch 2020 By Adam A. Millsap & Lee A. Steven Walmart.com an e-commerce platform operated by Walmart, Inc. In addition to products offered for sale directly from Walmart, the site allows third-parties to sell products using the Walmart.com digital infrastructure. Pursuant to contract, third-party retailers are “the sellers of record.”[1] Walmart.com’s service includes connecting […]

Indiana Department of Natural Resources v. Kevin Prosser

Docket Watch 2020 By Prof. Aaron Nielson If you are like most people, when you hear the words “administrative law,” you think about big buildings in Washington D.C. where everyone wears suits and speaks in acronyms. Your mind probably does not turn a property owner seeking to install 117 feet of concrete seawall on Lake […]

Brush & Nib Studio v. City of Phoenix

Docket Watch 2020

By Jonathan Scruggs

For the last decade, courts and commentators have penned many pages about anti-discrimination norms and religious liberty. Since the U.S. Supreme Court decided Masterpiece Cakeshop v. Colorado Civil Rights Commission, lower courts have tried to balance these interests and begun to protect creative professionals from anti-discrimination laws that force them to speak messages against their conscience. The Arizona Supreme Court’s decision in Brush & Nib Studio v. City of Phoenix exemplifies this trend.