In the News
Landlords Are Ready to Restart Evictions Amid Pandemic; 11th Circuit Weighs Arguments
"Our clients were able to file paperwork, but they can't achieve any meaningful remedy while this eviction moratorium is going on," said attorney Caleb Kruckenberg. "If they use state court systems to affect a lawful eviction under state law, that is a federal crime...
Irreparable Harm Caused by the CDC’s Lawless Eviction Moratorium
NCLA Litigation Counsel Caleb Kruckenberg joins “The Liberty Hour” with Shaun Thompson on AM 560 The Answer to discuss the CDC's unlawful eviction moratorium and NCLA's upcoming oral argument in Brown v. CDC. Key points: • NCLA is challenging the authority of...
Massachusetts Governor’s Pandemic Restrictions Challenged in Supreme Court
A good-government group is taking to the Supreme Court its challenge of the constitutionality of Massachusetts Gov. Charlie Baker’s 14-month-old pandemic-related state of emergency and its continuing restrictions on civic life and businesses. Published by The Epoch...
Group Files Lawsuit Against Gov. Baker over COVID-19 Executive Orders
Western Mass News is getting answers from Governor Charlie Baker after a lawsuit filed against him is now being petitioned to be heard...
Petition Will Seek Supreme Court Review of Baker Orders
Gov. Charlie Charlie Baker is less than three months away from lifting all remaining COVID-19 restrictions, but critics who believe the Republican governor overstepped his authority are asking the U.S. Supreme Court to declare Baker's actions to date a violation of...
Frustrated by Aug. 1 Reopening, Mass. Businesses Turn to U.S. Supreme Court
The Massachusetts Supreme Judicial Court ruled against the businesses in December, finding that Gov. Charlie Baker’s sweeping restrictions in response to Covid-19 do not violate state law or the federal or state constitutions. It's unclear if or when the U.S. Supreme...
Baby Bath Seats Inspire Court Fight on Safety-Standard Access
Pregnant and researching infant bath seats, expectant mom Lisa Milice learned that she had two options to see the federal safety standards for herself: She could either pay $56 to a third party to see a copy of the law, or go to Bethesda, Maryland, where there are two...
CPSC Manufacturing Rules Must Be Free to the Public, D.C. Circuit Told
The D.C. Circuit U.S. Court of Appeals on Monday heard arguments over whether the federal Consumer Product Safety Commission, or other agencies, can pass rules adopting voluntary industry safety standards without making them public. The dispute arises from a petition...
Business Owners Rejected by SJC Now Want Supreme Court to Review Baker’s Use of Emergency Powers During COVID Pandemic
A group of business owners who unsuccessfully sought last year to overturn Governor Charlie Baker’s emergency powers during the pandemic is petitioning the Supreme Court to review the case, according to its lawyer, potentially extending what’s been a year-long...
IRS Never Received Couple’s Tax Refund Bid, Fed. Circ. Told
The Federal Circuit should affirm the dismissal of a couple's suit that says they're owed a tax refund, the U.S. said Monday, because the IRS never received their claim, and testimony that... Published by Law 360
Plaintiffs Want Supreme Court To Hear Case On MA COVID-19 Orders
Ten plaintiffs asked the U.S. Supreme Court to review December's Massachusetts Supreme Judicial Court ruling upholding Massachusetts Gov. Charlie Baker's executive orders that placed restrictions on businesses and residents during the coronavirus pandemic. The New...
Group Files Lawsuit Against Gov. Baker over COVID-19 Executive Orders
A group of small businesses and churches is pushing forward in their legal battle to get emergency powers stripped away from Governor Charlie Baker. This group claims the governor is overstepping his authority in issuing executive orders related to COVID-19. The...
Petition Will Seek Supreme Court Review Of Baker Pandemic Restrictions
The plaintiffs in an unsuccessful lawsuit that sought to overturn many of Gov. Charlie Baker's executive orders that put business and other gathering restrictions in place during the COVID-19 pandemic are asking the U.S. Supreme Court to consider the case. The New...
Coronavirus Litigation: The Week In Review
A D.C. federal judge has vacated the U.S. Centers for Disease Control and Prevention's nationwide eviction ban, Pfizer and BioNTech must face claims they poached research technology while testing their COVID-19 vaccine, and Kentucky's attorney general has a green...
Federal Judge Strikes Down CDC’s National Eviction Moratorium, Appeal Immediately Filed
A federal judge in Washington, D.C., struck down Wednesday the national eviction moratorium issued by the U.S. Centers for Disease Control and Prevention last fall, imperiling millions of renters who have suffered financially because of the coronavirus. The Department...
Judge Overturns Federal Moratorium on Pandemic-Era Evictions
WASHINGTON (CN) — A federal judge on Wednesday struck down the nationwide halt on evictions, saying the Centers for Disease Control and Prevention overstepped its authority to help millions of renting Americans who were pushed out of work with the outbreak of...
CDC Eviction Moratorium Vacated in D.C. as Atlanta Case Due for Hearing
The week before a federal appellate court in Atlanta is to consider a challenge to the CDC’s moratorium on evictions during the coronavirus epidemic, a federal judge in Washington on Wednesday vacated the moratorium. The ruling is a setback for advocates of the...
Judge says CDC doesn’t have authority to issue an eviction moratorium. It’s unclear what happens next
A federal judge in Washington on Wednesday declared that the US Centers for Disease Control and Prevention's moratorium on eviction -- a key element of the federal government's efforts to aid those hit hardest by the Covid pandemic and its economic effects -- must be...
Federal Regulators Require Rent Collectors To Lie About the CDC’s Illegal Eviction Moratorium
A federal rule that took effect yesterday requires that anyone attempting to collect unpaid rent tell tenants they may be protected by the residential eviction moratorium that the Centers for Disease Control and Prevention (CDC) imposed in September. Yet federal...
Landlord Group Sues CFPB Over COVID-19 Eviction Rule
A group of landlords is suing the Consumer Financial Protection Bureau over a new disclosure rule that aims to inform tenants of their protections from eviction during the COVID-19 outbreak, claiming that the rule violates the landlords' First Amendment rights by...
Federal Policy Could Undermine Wyo Cattle ID Legislation
Newly passed legislation that would allow Wyoming bison and cattle ranchers to use any method of state-approved livestock identification — rather than federally mandated eartags — could soon be challenged by federal policy. The policy may erode a recent victory by...
Landlord Challenges CFPB Rule on Eviction Moratorium Notices
A rental property manager in Tennessee has sued to block a U.S. Consumer Financial Protection Bureau rule requiring notice be given to delinquent residential renters about a nationwide eviction ban, saying it runs counter to rulings finding the ban invalid. The...
Court-Packing Would Decimate the Court’s Credibility
NCLA’s Executive Director and General Counsel Mark Chenoweth joins “National Report” on Newsmax to discuss the dangers associated with the plan to expand the Supreme Court. Key points: The Court depends on the credibility that is established by making decisions...
Crypto Crackdown Drives ‘John Doe’ Record Demands from IRS
The IRS is seeking swaths of records from cryptocurrency companies on anonymous taxpayers as part of its broader effort to crack down on tax evasion in the industry. The demands involve the potential tax liabilities of unnamed taxpayers, and for that reason are known...
Federal Court in Wyoming Asked to Block RFID Technology
Livestock producers represented by the Billings, MT cattlemen’s group known as R-CALF say they have a “right” to use “traditional low-cost methods related to animal identification and traceability.” But USDA’s Animal Plant Health Inspection Service (APHIS) with...