President Trump’s Executive Order 14236 revokes $15-per-hour federal contractor minimum wage
4/4/25
By: Charles J. Shumake
On March 14, 2025, President Donald Trump issued Executive Order 14236. This Executive Order revoked 18 prior executive orders and actions issued by former President Joe Biden. One of these prior executive orders …
Proposed Ohio Constitutional Amendment to knock out qualified immunity
2/4/25
By: Paul-Michael La Fayette and Ashley Boyes Hetzel
A proposed Ohio Constitutional Amendment has been approved for signature gathering. If successful, the proposed Amendment will be on the November 2025 ballot in Ohio. The proposed Constitutional …
SCOTUS hears argument on the applicability of the “moment of the threat” doctrine in deadly force cases
1/29/25
By: Cara M. Wright
On January 22, 2025, the Supreme Court heard an oral argument in Barnes v. Felix. The Supreme Court granted certiorari on the question of whether the moment of threat doctrine should be applied …
Felons, firearms, and Federal law: a review of 2024 appellate court decisions on the constitutionality of the Federal felon-in-possession statute
1/6/25
By: Rachael H. Slimmon
Can a felon or any other person convicted of a crime punishable by a sentence over one year be banned from owning firearms? Currently, the answer depends on where the statute is challenged.
…
Striking a balance: Eleventh Circuit provides clarity on restricted speech in limited public forums
10/21/24
By: Steven L. Grunberg and Wesley C. Jackson
On October 8, 2024, the Eleventh Circuit held that a Florida public school board overstepped its power to restrict speech during public comment periods at board …
The right time for a takings claim: Eleventh Circuit on ripeness and property rights
10/17/24
By: Dana K. Maine
In a published opinion, on October 16, 2024, the Eleventh Circuit threaded the needle on ripeness for a takings claim in Lozman v. City of Riviera Beach, Florida, — 4th —, 2024 LW …
In New Jersey, Tort Claims Act shields municipalities from implied duty to provide clean water
10/7/24
By: Megan C. Gallagher
In combining appeals on two lower court cases, a recent New Jersey appellate decision in Cerkez, individually and on behalf of all other similarly situated, v. Gloucester City, et al., Docket No. A-0661023; …
Georgia Supreme Court: Private contractors and vendors can be “custodians” under Georgia’s Open Records Act
8/14/24
By: Wesley C. Jackson
Georgia’s Open Records Act allows for citizens to inspect certain “public records” of government agencies in the interests of open government. The Act has long defined “public records” to include not just records …
Emergency! Kentucky Court of Appeals offers guidance concerning qualified immunity for emergency services personnel
8/8/24
By: LaShay L. Byrd and Tia J. Combs
In many states, the law recognizes the challenges that emergency services personnel face when it comes to making split-second decisions in high-stakes situations and grant qualified …
FMG argues in favor of the Fifth Circuit retaining its precedent in Section 1983 Lawsuits
5/21/24
By: Philip W. Savrin, P. Michael Freed, and William H. Buechner, Jr.
FMG Attorneys Phil Savrin, Michael Freed and Bill Buechner are representing Midland County, Texas in an en banc case …
EPA announces final National Primary Drinking Water Regulation for PFAS
4/11/24
By: James M. Mathew, David M. Harding, and Kevin M. Ringel
After working for over a year and reviewing 120,000 comments on the proposed rule, the EPA passed its final regulation …
Public officials, social media, and the First Amendment
4/2/24
By: Jacob E. Daly
When a public official uses a personal social media account for job-related purposes, does he or she violate the First Amendment rights of a person who posts negative comments on the page by …