In the News

Nevada Landlords Join National Lawsuit Against Trump COVID Anti-Eviction Executive Order
An executive order recently signed into effect by U.S. President Donald Trump that prevents evictions until December 31 for Americans directly affected by the COVID-19 pandemic has been challenged by a lawsuit filed in federal court. The New Civil Liberties Alliance,...

NCLA Rebuttal: The Case Against COVID Emergency
On the Keller at Large MASSter List podcast, Jon Keller recently shared his personal hot-take on the Desrosiers v. Baker case that I argued before the Supreme Judicial Court on September 11th. Quoting a character from Charles Dickens’s Oliver Twist who famously...

Marco Island City Council candidates talk rentals, water quality, police ahead of election
Marco Island residents will vote Nov. 3 to fill four City Council seats. A candidate for a fifth seat is running unopposed and will be automatically elected. The election could mean that at least three, possibly four, newcomers become part of...

Caleb Kruckenberg on The Mike Schikman Show regarding the CDC case

Landlords Push Back Against CDC Eviction Moratorium
Lawsuits are working their way through federal court to cancel, or at least put an injunction against, the national eviction moratorium issued by the Centers for Disease Control and Prevention in early September. One suit involves a group of seven landlords in Memphis...

Barrett May Reinforce High Court Trends For Banking Industry
Seventh Circuit Judge Amy Coney Barrett's elevation to the U.S. Supreme Court would position her to weigh in on fintech regulation, agency independence and other legal issues affecting the banking industry. But with the high court already showing a tilt toward...

Landlords Take Aim at the CDC Eviction Moratorium
At the start of September, the White House issued an executive order allowing the Centers for Disease Control (CDC) to pause evictions through December 31, 2020. The CDC's order comes under Section 361 of the Public Health Service Act to temporarily halt residential...

Trump Nominates Amy Coney Barrett to Fill Ginsburg Seat
President Donald Trump announced from the White House Saturday the nomination of Judge Amy Coney Barrett to fill the Supreme Court vacancy left by Ruth Bader Ginsburg. “This is my third such nomination after Justice Gorsuch and Justice Kavanaugh and it is a very proud...

Accountant Challenging SEC ALJs Seeks Full 5th Circ. Review
A Texas-based accountant is seeking a full-panel review from the Fifth Circuit as her battle to prove the unconstitutionality of the U.S. Securities and Exchange Commission's administrative law judges continues. Michelle Helterbran Cochran continued to claim on...

Landlords sue CDC, Trump administration over ‘unconstitutional’ national eviction moratorium
At least two lawsuits filed in federal court argue that the national eviction moratorium issued by the U.S. Centers for Disease Control and Prevention and the Trump administration earlier this month is unconstitutional. The National Apartment Association, a trade...

Landlords’ Group Sues CDC Over Pandemic-Era Eviction Moratorium
The National Apartment Association (NAA) and four individual landlords are suing the Trump administration in federal court over the federal eviction moratorium that prevents them from displacing delinquent residential tenants during the ongoing pandemic. Read the full...

National Apartment Association Joins Lawsuit To End CDC’s National Eviction Moratorium
An ongoing legal battle between a federal health agency and multifamily landlords over the rollout of a national eviction moratorium is gaining steam and thousands of new plaintiffs. Three individual landlords and the 85,000-member strong National Apartment...

CDC-Issued Eviction/Foreclosure Moratorium Targeted by Lawsuits
Early this month the CDC ordered a halt on foreclosures and evictions through the end of 2020. At the time, some pundits predicted resistance, which is occurring in the form of lawsuits, reported the Davis Brown Law Firm on its blog. According to the site, the...

NAA Files Suit Against CDC Over Eviction Moratorium; Seeks Stay
The National Apartment Association has joined the New Civil Liberties Alliance in a lawsuit challenging the US Centers for Disease Control and Prevention’s national eviction moratorium that it ordered earlier this month. The New Civil Liberties Alliance is a group...

National Apartment Association Joins Lawsuit Challenging CDC National Eviction Moratorium
The National Apartment Association (NAA) announced today that it is taking legal action against the Centers for Disease Control and Prevention for its nationwide eviction moratorium, joining the New Civil Liberties Alliance (NCLA) in its lawsuit challenging the...

Caleb Kruckenberg on NCLA’s Lawsuit Against CDC’s National Eviction Moratorium

The CDC’s Eviction Moratorium and the Pending Lawsuit to Stop It
Two weeks ago, on September 2, 2020, the Centers for Disease Control (“CDC”) relied on little-known statutory powers to issue a temporary moratorium for most residential evictions, with a stated goal of reducing the risk of transmission of COVID-19. We provided an...

Judge rules Department of Child Safety can legally put people on child-abuse ‘black list’
The director of Arizona's Department of Child Safety was justified in placing a former group-home worker on a list of people accused of child abuse or neglect, a Maricopa County Superior Court judge has ruled. The decision dismisses a challenge filed by the New Civil...

Caleb Kruckenberg on NCLA’s Lawsuit Against CDC’s National Eviction Moratorium

Michael Cargill’s Bump Stock Lawsuit
Come And Talk It, for September 13. Caleb Kruckenberg of the New Civil Liberties Alliance comes on the show to talk about Michael Cargill's lawsuit against the Justice Department, the ATF, and AG William Barr - the first case against the bump stock ban in the country...

NHC CEO David Dworkin Joins Manufactured Housing Institute (MHI) Demanding Action to Support Renters, Smaller Landlords, in Housing & Eviction Crisis
“We don’t want the small business people who own most of the apartment buildings and single-family rentals in the country to go out of business.” – said David Dworkin, President and CEO of the National Housing Conference (NHC), per CBN News. Read the full article...

Bump Stock Ban Voided – Will be Reheard in 10th Circuit Court
The federal government’s previous ban on bump stocks has been granted a petition for a rehearing after the earlier decision to uphold the bump stock ban was reached previously. The Original ban which went into effect in 2018 and made bump stock devices illegal to...

Gun Radio Utah on the Aposhian v. Barr case

Plaintiffs argue Legislature, not governor, should set pandemic policies
Six months into the COVID-19 pandemic, the state’s highest court is poised to decide whether Gov. Charlie Baker’s string of executive orders were a legally appropriate response to contain the highly infectious virus or if he overstepped the authority outlined in law....

The Checkup: Governor’s pandemic powers face legal test
BAKER GETS A CIVIL DEFENSE: The state's law firm, led by Attorney General Maura Healey, is defending Gov. Charlie Baker's use of the 1950 Civil Defense Act in combating the coronavirus pandemic. The Supreme Judicial Court heard arguments Friday for and against a...