CONSTITUTIONAL LAW
(Updated June 2022)
UNITED STATES CONSTITUTION
First Amendment: freedom of speech and association
Public sector unions – Serve as local counsel to national organization bringing Constitutional challenges in non-Right to Work states such as Connecticut, challenging public sector unions’ ability to force public employees who declined to join the union to pay for collective bargaining. (Note: In 2018, US Supreme Court settled this issue by striking down such compelled payments as unconstitutional in Janus v. American Federation of State, County and Municipal Employees Council 31, No. 16-1466, 2018 WL 3129785 (June 27, 2018).)
2018-2020 - WWE Wholean and Grillo v. CSEA SEIU Local 2001, et al.
Dismissal upheld on appeal.
2018-2019 - Utke, v. University of Connecticut American Association of University Professors
Favorable settlement.
2014-2015 - Juber et al v. Barnes et al.
Favorable settlement and court award of attorneys’ fees.
Second Amendment: right to bear arms (including the right to train and have training areas/outdoor shooting ranges)
2017- present - Oakland Tactical Supply, LLC, et al v. Howell Township, MI
United States Court of Appeals for the Sixth Circuit and United States District Court, Eastern District of Michigan Southern Division
Outdoor shooting range - zoning challenge – Lead counsel at U.S. District Court level in Second Amendment challenge to an effective ban on outdoor shooting ranges under a Michigan township’s zoning ordinance; currently serving as co-counsel in support of lead appellate counsel, Cooper Kirk of DC and the Firearms Policy Coalition, of California, before the U.S. Court of Appeals, Sixth Circuit. A decision is expected within days/weeks.
2013-2014 - Shew, et al., v. Malloy, et al.
United States Court of Appeals for the Second Circuit and United States District Court Connecticut
Individuals & orgs – challenge to ban on specific firearms and magazine capacities -
Local counsel supporting NRA and CCDL in challenge to new Connecticut firearms ban.
Dismissal upheld on appeal. No cert petition filed.
Seventh Amendment: right to trial by jury in civil matters
1997-2001 - Jeffrey N. Mehler & Mary S. Russell v. The Terminex International Company, L.P.
United States Court of Appeals for the Second Circuit and United States District Court Connecticut; petition for cert filed and denied.
Consumers - challenge to compelled arbitration – form/adhesion contract required pesticide company-selected arbitration even in case of pesticides application that caused catastrophic losses due to massive oil spill from pesticide application drilling and large-scale property and off-site environmental harm
CONNECTICUT CONSTITUTION
Budget Cap
2011 - Roger Sherman Liberty Center, Inc., et. al. v. Donald Williams, in his official capacity as the President Pro-Tern of the Senate, et al.
Connecticut Superior Court
Policy organization – challenge to state violations of Constitutional budget cap - Represented public policy organization challenge to State violations of budget cap. Case was dismissed due to legislature failing to take necessary legal steps at time of passage of budget cap to give legal effect to the Constitutional requirement.