POSTED: Tuesday, September 4th, 2012 at 11:55 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

The U.S. Supreme Court has agreed to decide whether a stipulation by a class action plaintiff that damages will be limited to less than the $5 million threshold for federal jurisdiction is enough to defeat a motion to remove the case to federal court under the Class Action Fairness Act.

POSTED: Monday, August 27th, 2012 at 1:56 pm

BY: DOLAN MEDIA NEWSWIRES

When it comes to electronically stored information, “[t]he fuss is about money. Discovery is expensive, and electronic discovery is really expensive.” A.L. Brown, “The Manageable Challenge of Electronic Discovery,” formerly posted at www.rkmc.com. Nevertheless, courts have split on which e-discovery costs may be awarded to a prevailing party under 28 U.S.C. §1920(4).

POSTED: Monday, July 16th, 2012 at 2:25 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

After a series of rulings that left some litigators questioning the future of class action litigation, the U.S. Supreme Court will wade into the issue once again next term.

POSTED: Wednesday, June 20th, 2012 at 2:09 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The Confrontation Clause does not bar an expert from testifying at a criminal trial that a DNA profile produced by an outside laboratory matched the defendant’s state lab DNA profile, the U.S. Supreme Court has ruled in a fractured opinion.

POSTED: Wednesday, June 13th, 2012 at 2:01 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The U.S. Supreme Court has declined to clearly answer the question of whether plaintiffs can bring First Amendment-based retaliatory arrest claims despite the existence of probable cause.

POSTED: Tuesday, June 12th, 2012 at 12:12 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The Merit Systems Protection Board provides the exclusive avenue of judicial review for federal employees’ adverse employment action challenges, even when those employees argue that a federal statute is unconstitutional, the U.S. Supreme Court has ruled.

POSTED: Friday, June 8th, 2012 at 9:01 am

BY: SYLVIA HSIEH, Dolan Media Newswires

Secret Service agents are protected by qualified immunity from being sued for retaliatory arrest where it was not clearly established that an arrest supported by probable cause could violate the First Amendment, the U.S. Supreme Court has ruled.

POSTED: Tuesday, May 29th, 2012 at 1:17 pm

BY: DOLAN MEDIA NEWSWIRES

A U.S. Supreme Court justice stands in his august chambers concentrating on his latest project while a law clerk looks on in admiration. Is the subject a petition for certiorari that seeks to upend decades of constitutional precedent? Hardly.

POSTED: Tuesday, April 24th, 2012 at 2:14 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court took up a complicated bankruptcy case Monday, parsing the language of the Bankruptcy Code to determine if a Chapter 11 debtor must give a secured creditor the right to credit bid items being sold at auction.

POSTED: Tuesday, April 3rd, 2012 at 12:39 pm

BY: CORREY E STEPHENSON

In between hours of oral argument over the federal health care legislation, the justices took the time to deny certiorari in the first of the Florida tobacco suits to reach the U.S. Supreme Court.

POSTED: Tuesday, March 20th, 2012 at 1:39 pm

BY: Associated Press

Sometime jury members can’t come to an agreement in criminal cases. But when jurors are prepared to acquit a defendant on the most serious charges in a case and are deadlocked on the lesser included charges, can a defendant be retried or has jeopardy attached?

POSTED: Monday, February 27th, 2012 at 1:34 pm

BY: Correy Stephenson, Dolan Newswires

A prisoner was not “in custody” for Miranda purposes when he was isolated from the general prison population and questioned about conduct that occurred outside the prison because he was informed he could leave when he wanted, was not physically restrained and the door to the room was sometimes open, the U.S. Supreme Court has ruled.

POSTED: Monday, February 6th, 2012 at 10:58 am

BY: Jane Pribek

A Wisconsin-based citizens group is asking the U.S. Supreme Court to review a case challenging the annexation of a business park.

POSTED: Monday, January 23rd, 2012 at 2:20 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The U.S. Supreme Court will soon decide whether a federal immigration law that prevents lawful permanent residents who have been convicted of certain crimes from traveling abroad without being denied reentry applies to convictions that occurred before the law was passed.

POSTED: Thursday, January 19th, 2012 at 11:27 am

BY: Correy Stephenson, Dolan Newswires

The U.S. Supreme Court solidified its pro-arbitration stance in a recent decision interpreting the Credit Repair Organizations Act.

POSTED: Wednesday, December 7th, 2011 at 1:10 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court have already looked at the issue of DNA evidence in criminal cases, with several rulings restricting prosecutors’ ability to admit such data without calling the lab analysts who prepared the tests to testify.

POSTED: Monday, December 5th, 2011 at 11:09 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Sometimes at the U.S. Supreme Court, words and labels mean everything.

POSTED: Tuesday, November 29th, 2011 at 12:39 pm

BY: DOLAN MEDIA NEWSWIRES

The U.S. Supreme Court will decide whether criminal fines are subject to the constitutional requirement that a jury decide sentencing factors that increase a penalty beyond the prescribed statutory maximum.

POSTED: Wednesday, November 16th, 2011 at 1:48 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

When the U.S. Supreme Court granted certiorari to decide the constitutionality of the federal health care law’s individual mandate, as well as several other jurisdictional and substantive issues, there was a notable omission: no mention was made about recusal of any justice from the decision.

POSTED: Tuesday, November 15th, 2011 at 10:53 am

BY: DOLAN MEDIA NEWSWIRES

As part of a broad examination of the federal health care law, the U.S. Supreme Court has agreed to consider whether Congress impermissibly conditioned states’ federal Medicaid funding on the adoption of expanded eligibility and coverage thresholds.

POSTED: Friday, November 11th, 2011 at 11:41 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

In a case that had the justices questioning just how far the expectation of privacy extends in a world of ever-evolving technologies, the U.S. Supreme Court considered Tuesday whether the police’s use of a warrantless GPS tracking device on a suspect’s car violated the Fourth Amendment.

POSTED: Wednesday, November 9th, 2011 at 11:28 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court seemed sympathetic to an argument by a death row inmate that impeachment evidence withheld by prosecutors during his murder trial would have made a difference in his trial – and that the withholding constituted a Brady violation.

POSTED: Monday, November 7th, 2011 at 10:22 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

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?

POSTED: Thursday, November 3rd, 2011 at 2:04 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court are set to decide whether a government official who gives perjured grand jury testimony against a defendant is entitled to absolute immunity.

POSTED: Wednesday, November 2nd, 2011 at 1:39 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

In the second half of a U.S. Supreme Court ineffective assistance double-header, the justices considered whether a lawyer’s failure to inform his client of a plea deal gives the defendant a constitutional remedy after he is arrested again and convicted of an additional charge.

POSTED: Monday, October 3rd, 2011 at 2:02 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

As the U.S. Supreme Court begins its October 2011 term, it seems more likely than ever that the justices will take up the challenges to the federal health care law and its individual mandate before the term ends in June.

POSTED: Monday, September 12th, 2011 at 9:56 am

BY: DOLAN MEDIA NEWSWIRES

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.

POSTED: Monday, May 2nd, 2011 at 4:24 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

The U.S. Supreme Court will not be hearing Milwaukee County Circuit Court Judge John Siefert’s challenge to the Code of Judicial Conduct. On Monday, the Court denied Siefert’s petition for certiorari in Siefert v. Alexander, bringing to a close a long battle over the free speech rights of judges and judicial candidates. Nevertheless, Siefert said [...]

POSTED: Wednesday, December 22nd, 2010 at 1:17 pm

BY: WISCONSIN LAW JOURNAL STAFF

Municipalities Zoning; certiorari Certiorari review of a zoning decision must be sought against the zoning board of appeals, not the municipality. “Looking first at the city planning statute, Wis. Stat. § 62.23(7)(e)10. provides: Any person or persons, jointly or severally aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, [...]