Finding Substantial Burden Under RLUIPA Is Task For Court

Ninth Circuit joins other circuits in holding that the question is not one for a jury

Whether a local land use regulation imposes a substantial burden on the free exercise of religion is a question of law for the court and not a question of fact for a jury, the Ninth Circuit Court of Appeals has held.  It has joined the reasoning of the First and Sixth Circuits in determining that the decision-maker under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) is the court and not the jury.

Employee has no claim for “associational pregnancy”

A fundraiser for the New York Public Interest Research Group who lost the ability to work on a commission basis when his job was modified to a supervisory role during Covid has lost a claim for discrimination on the basis of “associational pregnancy” for supporting his partner’s pregnancy discrimination claims with the same employer. A federal District Court in Manhattan has ruled that a pregnancy discrimination claim can be brought pursuant to the statute only by a pregnant individual, not by a partner or spouse.

CA court stops suspension of Venezuelan status

The federal District Court in the Northern District Court of California (Edward M. Chen) has issued a national ruling postponing the Secretary of the Department of Homeland Security’s determination to withdraw the temporary protected status of Venezuelans within the country.

D.C. Court stops dissolution of Consumer Protection Agency

The federal District Court in the District of Columbia (Amy Berman Jackson) has preliminarily enjoined the Trump Administration’s effort to dismantle the Consumer Financial Protection Bureau after the Court had previously intervened to prevent mass firings of employees.

DC Court grants TRO to stop closure of Radio Free Europe

A federal District Court in the District of Columbia (Royce C. Lamberth) has granted a temporary restraining order to stop the forced closure of RFE/RL, Inc., a nonprofit news organization commonly known as Radio Free Europe/Radio Liberty.

Insurance Doesn’t Protect Entity From Claims Against Merger Partner

Courts agree that policies do not cover claims of wrongdoing by the merged organization occurring before effective date of merger

A claims-made insurance policy normally protects the insured organization against claims brought during the term of the policy against the insured company for “wrongful acts” by the insured company and its subsidiaries.