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U.S. Supreme Court

Dec 30, 2011

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[...]

Nov 4, 2011

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[...]

Oct 7, 2011

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[...]

Sep 16, 2011

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.

Jul 14, 2011

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[...]

May 27, 2011

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.

May 20, 2011

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.

Jan 21, 2011

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 […]

Dec 10, 2010

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 […]

Dec 10, 2010

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[...]

Dec 3, 2010

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 […]

Nov 19, 2010

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 […]

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