GMSR: Greines, Martin, Stein & Richland LLP

Constitutional Law

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GMSR has helped shape constitutional law, handling cutting-edge cases involving privacy, searches and seizures, due process, and the First Amendment. In addition to our extensive experience in the federal circuit courts, we have also appeared repeatedly in the U.S. Supreme Court in recent years.
Constitutional Law Cases by Kent L. Richland
Click on featured cases (in red) for more information.

Filarsky v. Delia (2012) 566 U.S. ____; 132 S.Ct. 1657; 182 L.Ed.2d 662 (amicus)
In a case that GMSR identified as a likely certiorari candidate and authored the sole amicus curiae brief supporting the certiorari petition, the Supreme Court reversed, holding that a private individual temporarily hired to carry out a public entity’s work is entitled to assert qualified immunity
Kent L. Richland

Stern v. Marshall (2011) 564 U.S. ____; 131 S.Ct. 2594; 180 L.Ed.2d 475
The Supreme Court held that a bankruptcy court has statutory authority to enter final judgment on a debtor’s state-law counterclaims against a creditor, but that Article III of the United States Constitution makes the statutory grant unconstitutional. It also held that 28 U.S.C. section 157(b)(5), which specifies that district courts must order that “personal injury tort and wrongful death claims” be tried in district court, is not jurisdictional and creditors can consent, through their conduct, to a bankruptcy court resolving such claims.
Kent L. RichlandAlan DiamondEdward L. Xanders

City of Ontario v. Quon (2010) 560 U.S. 746; 130 S.Ct. 2619; 177 L.Ed.2d 216
Expectation of privacy in messages sent and received on his employer-issued device; Fourth Amendment’s prohibition of unreasonable searches and seizures
Kent L. Richland

Marshall v. Marshall (2006) 547 U.S. 293; 126 S.Ct. 1735; 164 L.Ed.2d 480
Claims based on interference with an inter vivos trust do not fall within the “probate” exception to federal jurisdiction
Kent L. RichlandAlan DiamondEdward L. Xanders

Slesinger v. Disney (2004) 2004 WL 612818
Media access to court file
Kent L. Richland

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