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April 2020 |
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| | | | A Precedent Overturned Reveals a Supreme Court in Crisis
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| | April 23, 2020 via New York Times
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| This decision, Ramos v. Louisiana, is in fact one of the most fascinating Supreme Court products I’ve seen in a long time, and one of the most revealing. Below the surface of its 6-to-3 outcome lies a maelstrom of clashing agendas having little to do with the question ostensibly at hand and a great deal to do with the court’s future. Peek under the hood and see a Supreme Court in crisis.
Consider that it took nearly seven months from the argument last October for the justices to come up with something they were willing to send out into the world: five separate opinions, a total of 83 pages, to answer the straightforward question presented by Evangelisto Ramos’s petition: “Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict.” (“Incorporates” refers to the ongoing process of applying the guarantees of the Bill of Rights — which by their terms apply only to Congress — to the states.) |
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| | | | | Business Interruption Insurance: Litigation and Legislative Update
April 2, 2020 via Eckert Seamans
As state and local governments continue civil orders directing the mandatory shut down of commercial activity deemed non-essential or non-life sustaining, there have been an increasing number of lawsuits wherein business interruption insurance policy holders seek coverage for lost income due to government-mandated closures. |
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| | | Hotel Closures Due to COVID-19: What to Consider
April 20, 2020 via Hospitality Net
Hotel closures raise many issues and need to be implemented carefully to avoid creating additional adverse consequences. |
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| | | | | Eminent Domain, Police Power and Pandemics: When Does the Government Have to Pay? April 15, 2020 via Holland & Knight
During the coronavirus (COVID-19) crisis...The government has pressed hotels and other property owners about using properties to house healthcare workers. Of course, everyone might agree that such actions are good, important, and should be followed, but what is the legal underpinning for the exercise of such power, and where does such power stop? More pointedly, what can a property owner do when the government shows up at the door with a "request" that the owner surrender the property in service of the public good? |
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