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Big year leads up to an even bigger one at U.S. Supreme Court
At the U.S. Supreme Court, 2011 was a remarkable year – not just for the things the justices did, but for the cases they agreed to take up in the near future. After handing down major rulings on class action qualification, mandatory arbitration and preemption of drug and vaccine-based tort suits, the justices agreed to decide the fate of two of the most high-profile and politically charged la[...]
High court weighs whether defendants have a remedy for ineffective plea bargains
Sometimes criminal defense attorneys mess up. But just what, if any, constitutional remedy is available to defendants when their attorneys are ineffective at the plea bargaining stage? During oral arguments in the case Lafler v. Cooper, the justices of the U.S. Supreme Court appeared skeptical of a claim by a murder defendant – who rejected a plea based on an attorney’s bad advice and wen[...]
U.S. Supreme Court justices tussle over ADA ministerial exception
During heated oral argument last week in a case involving religious doctrines, government interests and claims of job discrimination, the justices of the U.S. Supreme Court tried to carve out just how much constitutional leeway religious organizations have to fire employees without facing a job bias claim. The case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, stems from a laws[...]
The term of the century?
This U.S. Supreme Court term has all the makings of a blockbuster, with issues such as the constitutionality of the federal health care reform law, the ability of states to pass tough immigration enforcement laws and same-sex marriage rights all set to fall squarely at the Court’s doorstep. And those are just the cases that have not officially been added to the Court’s docket – yet.
Greenville lawyer reaps two high court decisions in one week
Derek Enderlin (pictured) had no idea what he was getting into when he agreed to meet with Michael Turner, who was $5,000 behind in child support and had been jailed for six months or until he came up with the money. “Someone down at the jail asked me if I’d talk to some people locked up on child support,” Enderlin said. “I had no idea how little help they had to get out of jail and how[...]
U.S. Supreme Court nullifies whistleblower weapon
A U.S. Supreme Court decision is expected to unravel pending False Claims Act cases that are based on Freedom of Information Act requests, which are commonly used by whistleblowers to support their allegations of fraud. The decision may also affect future whistleblower cases.
District court lacks authority to order change in pension plan
While a district court can order a plan administrator to enforce the terms of a pension plan under ERISA, it does not have the authority to order that the terms of the plan be reformed, the U.S. Supreme Court has ruled.
U.S. Supreme Court considers when foreign firms can be sued here
By KIMBERLY ATKINS, Lawyers USA, the national sister paper of Lawyers Weekly [email protected] The justices of the U.S. Supreme Court recently considered two cases with a common basic question: Just when can American plaintiffs file product liability suits against foreign manufacturers in American courts? In separate oral arguments, the court took up J. McIntyre […]
U.S. Supreme Court takes up sentencing case
By KIMBERLY ATKINS, Lawyers USA, the national sister paper of Lawyers Weekly [email protected] In a case that addresses several technical questions left unanswered in the post-Booker world of federal sentencing rules, the justices of the U.S. Supreme Court considered just how much leeway a judge has in resentencing a defendant after another judge’s sentence […]
Supremes ponder service provider’s securities liability
The justices of the U.S. Supreme Court grappled with the question of whether a claim may be stated against a service management company for alleged securities violations of the mutual funds it sponsors. Appealed from the 4th Circuit, the case, Janus Capital Group v. First Derivative Traders, is a class action brought by shareholders who claim they received misleading information in prospectuses re[...]
Business method patents are alive and well
By WAYNE F. REINKE, Dolan Media Newswires [email protected] The U.S. Supreme Court recently decided Bilski v. Kappos, involving a business method patent. Back in 2008, the U.S. Court of Appeals for the Federal Circuit decided In re Bilski, which affirmed a rejection of patent application claims to a method for managing or hedging risk. The […]
Justices Scalia and Breyer take sparring match on the road
By KIMBERLY ATKINS, Lawyers USA, the national sister paper of Lawyers Weekly [email protected] If you’ve ever visited the U.S. Supreme Court to watch oral arguments, changes are good that you saw a little verbal jousting between Justices Antonin Scalia and Stephen Breyer. The court’s two most verbal (and funniest) jurists don’t see eye to […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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