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Tag Archives: certiorari

Taxation of e-discovery costs

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).

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US Supreme Court fractures on expert testimony issue

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.

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US Supreme Court rules prisoner’s interrogation didn’t violate ‘Miranda’

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.

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US Supreme Court to decide if immigration travel ban applies retroactively

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.

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Health care case to get full US Supreme Court — Kagan, Thomas included

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.

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Justices of US Supreme Court question privacy expectations in GPS case

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.

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The term of the century? Blockbuster cases await Supreme Court this session

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.

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