The RCBA Journal Legal News Blog

Jun 30


The Religious Freedom Restoration Act of 1993 (RFRA) does not permit the United States Department of Health and Human Services (HHS) to demand that three closely held corporations provide health-insurance coverage for methods of contraception that violate the sincerely held religious beliefs of the companies’ owners.


Under Illinois’ Home Services Program (Rehabilitation Program), which allows Medicaid recipients who would normally need institutional care to hire a “personal assistant” (PA) to provide homecare services, where defendant-union was designated the exclusive union representative for Rehabilitation Program employees, the First Amendment prohibits the collection of an agency fee from Rehabilitation Program PAs who do not want to join or support the union because the First Amendment does not permit a State to compel personal care providers to subsidize speech on matters of public concern by a union that they do not wish to join or support.

Lynch v. The City of New York - FindLaw -

Retirement and Social Security Law section 480(b) does not requires defendant-city to make “Increased-Take-Home-Pay” (ITHP) pension contributions on behalf of New York City police officers and firefighters appointed on or after July 1, 2009, and accordingly, defendant-city has properly deducted 3% from the gross annual wages of these tier 3 police officers and firefighters as mandatory employee pension contributions.

People v. Haggerty - FindLaw -

Defendant’s convictions of grand larceny and money laundering are affirmed, where testimony regarding the source of the stolen funds, Mayor Bloomberg, did not violate the best evidence rule.

People v. Garrett - FindLaw -

Defendant’s conviction of two counts of murder is affirmed, where the People’s failure to disclose evidence that a federal civil action had been brought against one of their police witnesses, a homicide detective who interrogated defendant, alleging that the detective engaged in police misconduct in an unrelated case, did not constitute a Brady violation.

People v. Baret - FindLaw -

Padilla v, Kentucky (559 US 356 [2010]), which held that the Sixth Amendment requires criminal defense counsel to advise their noncitizen clients about the risk of deportation arising from a guilty plea, does not apply retroactively in state court post-conviction proceedings.

Cooperstown Holstein Corporation v. Town of Middlefield - FindLaw -

Towns may ban oil and gas production activities, including hydrofracking, within municipal boundaries through the adoption of local zoning laws, where the supersession clause in the statewide Oil, Gas and Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate land use.

Boyle v. Starwood Hotels & Resorts Worldwide, Inc. - FindLaw -

It was not an abuse of discretion to grant, with conditions, defendant’s motion to dismiss the complaint on the ground of forum non conveniens.

Jun 27

Norex Petroleum Limited v. Blavatnik - FindLaw -

n a long-running contest over control of a lucrative oil field in Western Siberia, the Appellate Division erred in concluding that plaintiff’s re-filing of his claim in state court was time barred, where: 1) plaintiff, a non-resident, filed a timely action in a New York federal court which terminated on a non-merits basis; 2) plaintiff may re-file claims arising from the same transaction in state court within six months of the federal action’s non-merits termination under CPLR section 205(a), even though the suit would be untimely in the out-of-state jurisdiction where the claims accrued under the rule of CPLR 202.

New York Statewide Coalition of Hispanic Chambers of Commerce v. The New York City Department of Health and Mental Hygiene - FindLaw -

The New York City Board of Health, in adopting the “Sugary Drinks Portion Cap Rule”, exceeded the scope of its regulatory authority.