International Municipal Lawyers Association to Honor Patrick Kane with Amicus Service AwardMarch 25, 2021 – Press Releases
Fox Rothschild LLP congratulates Patrick M. Kane, who was named an Amicus Service Award recipient by the International Municipal Lawyers Association (IMLA) for his legal advocacy and exemplary work in protecting and advancing local government interests. Kane will be honored for his contribution to an amicus brief to the Supreme Court of the United States on behalf of IMLA and a number of other local government advocacy groups in Uzuegbunam v. Preczewski.
In the case at issue, two students filed suit against Georgia Gwinnett College in the U.S. District Court for the Northern District of Georgia over its Freedom of Expression policy, which initially only allowed students to engage in expressive activities in two designated areas after obtaining a permit. However, the college then reevaluated and changed its policy.
The amicus brief argued that when a government entity changes a policy after a lawsuit has been filed and the plaintiff only sought nominal damages, the case is moot.
“Governmental entities must often make difficult judgment calls affecting the constitutional rights of individuals under circumstances in which the law is not clear,” the brief says. “If a state, local government or school district later determines that a law or policy should be rescinded or modified because the circumstances have changed, competing interests have been reevaluated or the constitutionality of the law or policy has been questioned, it should not be punished by facing expensive and time-consuming litigation when there has been no compensable harm.”
A partner in Fox’s Litigation Department, Kane is a trial attorney and Certified Appellate Specialist whose practice includes high-stakes commercial litigation, municipal litigation and appellate law. He earned his J.D. from Wake Forest University School of Law and his B.A. from College of the Holy Cross.
Fox Partners Kip D. Nelson and Casey McNamara also contributed to the amicus brief.