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US high court upholds FCC power in cell tower disputes

POSTED: Monday, May 20th, 2013 at 12:02 pm

BY: Associated Press

The Supreme Court has affirmed the authority of federal regulators to try to speed local government decisions on proposals to build or expand cellphone towers.

In extortion case, US Supreme Court to decide what constitutes ‘property’ (access required)

POSTED: Monday, April 29th, 2013 at 11:11 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Defining “property” may seem an easy task. But for the justices of the U.S. Supreme Court it may be much trickier as they consider whether a nonbinding recommendation for an investment fund qualifies as “property” that can be the subject of attempted extortion.

US Supreme Court finds defendant’s retro plea a tough sell (access required)

POSTED: Monday, April 29th, 2013 at 10:59 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Can a common practice in criminal defense trigger constitutional protections when it’s suddenly changed?

Shushing Sotomayor (access required)

POSTED: Thursday, April 18th, 2013 at 12:30 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Emotions – and tensions – ran high at the U.S. Supreme Court on Tuesday in a case asking whether a federal tribal law allows a biological father to regain custody of a child who had been legally adopted by a couple under state law.

US Supreme Court’s class-action ruling leaves unanswered questions (access required)

It was a closely watched case that came to a dramatic and unexpected conclusion of questionable precedential value. Now attorneys are left pondering what effect, if any, the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend will have on class-action certifications.

U.S. Supreme Court justices rule in closely-watched class action case (access required)

A consumer class action should not have been certified because the plaintiffs’ expert testimony failed to establish that the case was susceptible to awarding damages on a class-wide basis, the U.S. Supreme Court has ruled 5-4.

Use of drug-sniffing dog constituted ‘search’, says U.S. Supreme Court (access required)

Police engaged in a “search” within the meaning of the Fourth Amendment when they used a drug-sniffing dog on a homeowner’s porch to investigate the contents of the home, the U.S. Supreme Court has ruled 5-4.

US high court asks when procedural defaults bar ineffective assistance claims (access required)

POSTED: Friday, March 1st, 2013 at 10:00 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Less than a year after creating a narrow right to make a federal ineffective assistance of counsel claim in a post-conviction proceeding despite a procedural default in state court, the justices of the U.S. Supreme Court tried to carve out the contours of that ruling during oral arguments in Trevino v. Thaler.

US Supreme Court questions legality of warrantless DNA collection (access required)

Exactly two weeks after Gov. Scott Walker proposed expanding DNA collection efforts in Wisconsin for those arrested on felony charges, the U.S. Supreme Court on Tuesday heard oral arguments in a related case Justice Samuel Alito Jr. called “perhaps, the most important criminal procedure case that this court has heard in decades.”

US high court justices take up legal malpractice case (access required)

POSTED: Thursday, January 17th, 2013 at 1:45 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court appeared reluctant Wednesday to make a federal case out of a legal malpractice claim arising from a patent suit.

Justices tackle puzzling law in medical battery case (access required)

POSTED: Wednesday, January 16th, 2013 at 11:10 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Attempts to sort out the meaning of a confusing and oddly worded statute to determine whether a Navy surgeon is immune from liability for allegedly performing eye surgery without obtaining consent left the justices of the U.S. Supreme Court bleary-eyed.

US Supreme Court takes up sentencing factors case (access required)

POSTED: Tuesday, January 15th, 2013 at 1:55 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

In a case that raises the question of whether judges, rather than juries, can constitutionally decide factors that could trigger an increase in the minimum sentence, the justices of the U.S. Supreme Court seemed reluctant to shake up a sentencing scheme that Congress and the courts have relied upon for more than a decade.

High court considers whether counsel affects speedy trial right (access required)

POSTED: Tuesday, January 15th, 2013 at 1:49 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

During oral arguments that included a rare comment from Justice Clarence Thomas, the U.S. Supreme Court considered whether a state’s failure to give money to court-appointed counsel for a murder defendant should be weighed against the state in determining whether speedy trial rights were violated.

US Supreme Court hears warrantless blood sample case (access required)

POSTED: Thursday, January 10th, 2013 at 10:31 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court appeared unwilling Wednesday to allow police to take blood samples from suspected drunk drivers without a warrant.

Medicaid Act may trump state reimbursement law (access required)

POSTED: Wednesday, January 9th, 2013 at 12:19 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court seemed divided over whether the federal Medicaid Act preempts a North Carolina law authorizing the state to recoup as much as one third of any medical malpractice jury award or settlement, regardless of how much of the award was designated for medical expenses.

Scalia draws parallels — and media attention (access required)

POSTED: Thursday, December 13th, 2012 at 1:13 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Justice Antonin Scalia is drawing a lot of media attention for comments he made this week as the U.S. Supreme Court prepares to hear two same-sex marriage law challenges.

Justices of US Supreme Court consider what law governs plain error appeals (access required)

POSTED: Thursday, November 29th, 2012 at 12:09 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court tussled on Wednesday over the issue of whether a plain error sentencing appeal must be decided according to the law in effect at the time of sentencing or at the time of appeal.

Class actions back on U.S. Supreme Court’s radar (access required)

POSTED: Wednesday, November 28th, 2012 at 2:40 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

There are plenty of big cases on the docket at the U.S. Supreme Court this term, dealing with issues ranging from search and seizure standards to affirmative action.

U.S. Supreme Court: Lawyer can’t sue government over receipt mistake

POSTED: Tuesday, November 13th, 2012 at 11:25 am

BY: Associated Press

The Supreme Court on Tuesday issued its first opinion of the new term, saying a lawyer cannot combine two laws to sue the federal government for violating identity theft protection laws banning the printing of credit card numbers and expiration dates on receipts.

Justice Ginsburg gets Glamour-ous treatment (access required)

POSTED: Wednesday, November 7th, 2012 at 3:20 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

You may not expect to see one of the justices of the U.S. Supreme Court in the pages of a glossy fashion magazine. After all, their clothes are usually obscured by those black robes. But Justice Ruth Bader Ginsburg graces the pages of the latest issue of Glamour.

Supreme Court Justices question consequences of wrongful acquittals (access required)

POSTED: Wednesday, November 7th, 2012 at 1:06 pm

BY: Joe Yovino, joe.yovino@wislawjournal.com

The justices of the U.S. Supreme Court tackled a tough question on Tuesday, considering what consequences result under the Double Jeopardy Clause from an acquittal that was caused by a judge’s error.

Justices question if ‘Padilla’ ruling goes retro (access required)

POSTED: Monday, November 5th, 2012 at 12:19 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The issue of whether criminal defendants’ Sixth Amendment right to be warned of the immigration consequences of guilty pleas, as established by a 2010 U.S. Supreme Court ruling, is retroactive was front and center during oral arguments on Thursday.

U.S. Supreme Court justices question if cops’ detention power goes the distance (access required)

POSTED: Monday, November 5th, 2012 at 12:11 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court seemed disinclined to back a lower court ruling allowing police to detain someone incident to the execution of a search warrant after the person had driven a mile away from the location being searched.

Justice Scalia gently jabs Posner in talk on history (access required)

POSTED: Friday, October 12th, 2012 at 2:50 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Justice Antonin G. Scalia has thrown sharp barbs at 7th Circuit Judge Richard Posner in their ongoing public spat about the role of history in legal interpretation.

Supreme Court justices ponder where fired federal workers can appeal (access required)

POSTED: Tuesday, October 9th, 2012 at 2:14 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Sometimes employment litigation is complicated, so much so that the parties and judges can’t even agree on which court has jurisdiction to hear an appeal.

Scalia says abortion, gay rights are easy cases

POSTED: Friday, October 5th, 2012 at 10:50 am

BY: Associated Press

Justice Antonin Scalia says his method of interpreting the Constitution makes some of the most hotly disputed issues that come before the Supreme Court among the easiest to resolve.

US high court considers Fair Credit Act case (access required)

POSTED: Thursday, October 4th, 2012 at 10:14 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court will soon decide if the federal government can be sued for damages for violating the Fair Credit Reporting Act.

Scalia opines on canons of interpretation (access required)

POSTED: Monday, September 24th, 2012 at 1:57 pm

BY: DOLAN MEDIA NEWSWIRES

In the most anticipated decision of the U.S. Supreme Court’s last term, the fate of the American health care system hinged on the meaning of a single word: “penalty.”

Supreme Court set for another blockbuster term (access required)

With attorneys still analyzing the health care ruling and the other big decisions from last term, the U.S. Supreme Court is preparing for a new term with even more major issues on its docket, from affirmative action to the standards of proof for class certification.

Scalia: There’s no pouting on the SCOTUS (access required)

POSTED: Wednesday, August 1st, 2012 at 2:36 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Justice Antonin Scalia told NPR’s Nina Totenberg that people should not believe that divided Supreme Court rulings, like the one in the health care law decision, causes hard feelings among the justices.

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