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Supreme Court treads carefully in patent ruling (access required)

POSTED: Wednesday, May 15th, 2013 at 1:38 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The U.S. Supreme Court’s surgically narrow ruling prohibiting a farmer from using seeds harvested from patented herbicide-resistant soybeans has left lawyers with more questions than answers about the extent of patent owners’ rights in other emerging, self-replicating technologies.

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?

Court struggles with question of human gene patentability (access required)

Drawing a legal line to determine when human genetic material ceases to be a creation of nature and instead becomes a patentable product is not easy — even for the U.S. Supreme Court.

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.

U.S. Supreme Court tackles California gay marriage case (access required)

During heated arguments at the U.S. Supreme Court over California’s voter-approved constitutional amendment banning same-sex marriage, the justices verbally tussled with attorneys arguing over the law’s constitutionality — but also hinted that the case could have a surprise ending.

Can employers stop class actions before they start? (access required)

Can an employer, faced with a purported class action under the Fair Labor Standards Act, avoid litigation by immediately offering a settlement to the sole plaintiff before a class is certified?

Justices of US Supreme Court provide clarity — but no relief — for immigration defendants (access required)

POSTED: Thursday, February 28th, 2013 at 10:12 am

BY: Correy Stephenson, Dolan Newswires

A decision from the U.S. Supreme Court that a seminal Sixth Amendment rights case is not retroactive has provided clarity for attorneys while dashing the hopes of thousands of defendants.

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.”

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 ponders if lawyers can use records to find clients (access required)

The justices of the U.S. Supreme Court are trying to dissect the language of a poorly worded federal statute that protects drivers’ personal information from misuse in an effort to determine whether lawyers broke the law in looking for potential class action plaintiffs.

US Supreme Court: Can employers stop class actions before they start? (access required)

POSTED: Thursday, December 6th, 2012 at 10:27 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Can an employer, faced with a purported class action under the Fair Labor Standards Act, avoid litigation by immediately offering a settlement to the sole plaintiff before a class is certified?

Gay marriage before Supreme Court? Cases weighed

POSTED: Friday, November 30th, 2012 at 10:09 am

BY: Associated Press

The running fight over gay marriage is shifting from the ballot box to the Supreme Court.

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.

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.

US Supreme Court puts drug dogs’ noses to the test (access required)

POSTED: Thursday, November 1st, 2012 at 11:59 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Oral arguments in two Fourth Amendment cases before the U.S. Supreme Court Wednesday focused on a common question: just what does a dog’s nose know?

Government asks US high court to consider DOMA case (access required)

POSTED: Wednesday, October 31st, 2012 at 1:28 pm

BY: DOLAN MEDIA NEWSWIRES

The Solicitor General is urging the U.S. Supreme Court to ignore the front of the line in the Defense of Marriage Act petitions for certiorari and instead agree to hear the last one filed.

US Supreme Court seems split over affirmative action policy (access required)

POSTED: Friday, October 12th, 2012 at 2:19 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

In a highly contentious argument that ran well past its allotted one hour on Wednesday, the justices of the U.S. Supreme Court clashed over the constitutionality of a university policy that considers race as a factor in admissions decisions.

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.

Court seems unclear on house versus boat question

POSTED: Monday, October 1st, 2012 at 4:45 pm

BY: Associated Press

Is it a house or a boat? Does a coffee mug float? The Supreme Court struggled with all types of questions Monday as it tried to figure out what kind of floating structures fall under maritime law, a question that could have a profound impact on popular businesses like floating casinos, hotels and restaurants.

US high court: Unions must give fee increase notice

The Supreme Court ruled Thursday that unions must give nonmembers an immediate chance to object to unexpected fee increases or special assessments that all workers are required to pay in closed-shop situations.

US Supreme Court fractures on expert testimony issue (access required)

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.

US Supreme Court says no OT pay for drug sales reps

The Supreme Court has ruled that sales representatives for pharmaceutical companies do not qualify for overtime pay under federal law, a big victory for the drug industry.

US high court sides with state in DNA case

The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.

US Justices: Federal workers’ constitutional claims barred (access required)

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.

Supreme Court rules in Double Jeopardy case (access required)

POSTED: Wednesday, May 30th, 2012 at 1:56 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

An informal vote taken by jurors before deliberations conclude and later reported to a judge in court does not amount to an acquittal, and therefore a retrial does not violate a defendant’s Double Jeopardy rights, the U.S. Supreme Court has ruled.

Court: Families cannot sue over loan discount fee

POSTED: Thursday, May 24th, 2012 at 11:58 am

BY: Associated Press

The Supreme Court ruled unanimously Thursday that three families cannot sue a mortgage company for allegedly charging them a loan discount fee without giving them a lower interest rate.

High court: Parent’s years of residency not imputed to alien child (access required)

POSTED: Wednesday, May 23rd, 2012 at 2:10 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The Board of Immigration Appeals’ determination that a parent’s years of residency are not imputed to a child is a permissible construction of federal law, the U.S. Supreme Court ruled.

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