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Anthony Kennedy

May 9, 2014

US Supreme Court town prayer ruling divides justices, bar

The U.S. Supreme Court ruling allowing prayers to be delivered before public town meetings divided the justices in two ways: in the result and in the standard that applies in determining whether public prayers violate the Establishment Clause.

May 1, 2014

Justices search for limits in cellphone search cases

Applying centuries-old constitutional principles to situations not contemplated by the Founding Fathers is nothing new for the justices of the U.S. Supreme Court.

Apr 3, 2014

US Supreme Court takes up ERISA fiduciary duty case

Seeking to resolve a rather lopsided circuit split, the justices of the U.S. Supreme Court seem poised to support a requirement that employees alleging breach of fiduciary duty overcome a pleading-stage presumption that employee stock plan fiduciaries acted with prudence.

Apr 2, 2014

US justices look for limits in bank fraud case

Expressing an unwillingness to dramatically expand the scope of offenses that fall under the federal bank fraud statute, the justices of the U.S. Supreme Court searched for some type of limiting principle this week during arguments in Loughrin v. U.S., 13-316.

Mar 11, 2014

Sarbanes-Oxley whistleblower ruling leaves gap for courts, Congress

The recent U.S. Supreme Court ruling extending Sarbanes-Oxley whistleblower protection to private contractors of publicly-traded companies has some attorneys concerned about the lack of any limiting principle.

Mar 7, 2014

Justices revisit securities fraud class actions

The justices of the U.S. Supreme Court have an opportunity to dramatically change the landscape of securities fraud class action litigation by limiting, or perhaps overruling altogether, a decision upon which plaintiffs have relied for decades.

Feb 27, 2014

Justices struggle over attorney fees in patent troll cases

The justices of the U.S. Supreme Court wrangled over the language of a statute that allows prevailing parties in certain patent infringement cases to recoup attorney fees — an issue that could mean millions of dollars in already costly legal proceedings.

Jan 27, 2014

US high court ponders if gun purchase for another is illegal

Trying to secure a bargain on a gun purchase landed a former cop in jail.

Dec 16, 2013

Union pact case goes bust at the US Supreme Court

It was the major U.S. Supreme Court labor law decision that wasn’t.

Dec 10, 2013

US Supreme Court ponders finality of attorney fee awards

The justices of the U.S. Supreme Court considered Tuesday whether an award of contractual attorney fees is part of a final judgment, or a collateral determination made after a judgment.

Nov 15, 2013

US justices cast doubt on validity of union pact

The justices of the U.S. Supreme Court expressed doubt on Wednesday as to the legality of a commonly used type of labor negotiating pact, setting up the possibility of a high court ruling that could shake up workplace organization efforts.

Nov 12, 2013

Justices wrangle over intent needed for aiding, abetting liability

During oral arguments Tuesday, the justices of the U.S. Supreme Court tried to nail down just what intent is necessary for a conviction for the federal crime of aiding and abetting the use of a firearm in a violent or drug felony.

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