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Civil Litigation & Trial Advocacy: News Releases and In the News
SCOTUS Analysis: Ford Motor Co. and personal jurisdiction
The ultimate impact of Ford, then, is unclear. Despite unanimity on the result, the Court did not speak with one voice.
Price: Denying first-time DACA applicants violates court rulings
Despite a Supreme Court ruling that the DACA program could not be dismantled, the Department of Homeland Security said on July 28 that it will deny all first-time applicants. Professor Polly Price tells the Orlando Sentinel that the Trump administration could try again to legally end DACA, which benefits about 700,000 immigrants nationwide, but the program's terms can’t be modified in the meantime. "Until that is done, there's absolutely no authority and support for this proposition that [DHS] cannot accept new applications," she said. “This is a violation of those court rulings."
Kemp lawsuit to prevent mayors from requiring masks must prove 'irreparable harm,' Price says
Gov. Brian Kemp has sued Atlanta Mayor Keisha Lance Bottoms and challenged restrictions she implemented, which include an ordinance mandating residents wear masks to help stem the spread of COVID-19. It's part of a growing clash between the governor and municipalities over who has authority over how the state handles the ongoing pandemic. Kemp may not win an injunction unless he can meet standard of "irreparable harm," Professor Polly Price tells TIME magazine.
Price: Kemp's lawsuit against Atlanta mayor wastes time, resources
Professor Polly Price criticized Georgia Gov. Brian Kemp's recent lawsuit against Atlanta Mayor Keisha Bottoms. It challenges her order requiring Atlantans to wear masks in public to prevent the spread of COVID-19. Kemp has previously barred local governments from taking more restrictive steps than the state, but on Wednesday he explicitly banned cities and counties from requiring face coverings. Price says it's unlikely Kemp's order would stand up in court. "But rather than force the question, why not allow local decision-making, as Texas has done, rather than waste time and resources engaging in litigation?" Price told the Atlanta Journal-Constitution.
Smith: Kemp chose ‘weakest case’ in lawsuit that challenges mask mandate
Associate Professor Fred Smith Jr. was invited to WABE’s "Political Rewind" to discuss Georgia Gov. Brian Kemp's executive order that says cities may not pass laws requiring the public to wear face coverings to prevent the spread of COVID-19. Kemp later said mask mandates were unenforceable and ineffective. "From a legal perspective, he picked literally the weakest case," Smith said.
Gov. Kemp's lawsuit over COVID-19 masks illustrates his priorities, Brown says
Georgia Gov. Brian Kemp’s decision to sue Atlanta Mayor Keisha Bottoms over her announcement to enforce wearing masks in public demonstrates he doesn’t care about Black citizens, who are disproportionately affected by COVID-19, Professor Dorothy Brown writes for CNN.
Quarantine lawsuits rarely result in damage awards, Price says
The failure of nurse Kaci Hickox to collect any money after being held by state officials for 80 hours in a tent outside a hospital, even after twice testing negative for Ebola, illustrates the difficulties of getting compensated for allegations of excessive quarantine measures, the New Jersey Law Journal reports. Quarantine litigation now mostly concerns tuberculosis, says Emory Law Professor Polly Price. Litigants who feel their quarantine conditions are excessive have prevailed in court, but generally on petitions for injunctive relief, rather than cases seeking damages after the fact, she said.