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Elena Kagan

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 24, 2014

US Supreme Court ponders if state law nixes homeowners’ toxic tort claim

The ability of a group of North Carolina homeowners to bring a lawsuit over latent contamination in their well water will come down to the U.S. Supreme Court’s answer to a single, if technical, question: Is there a functional difference between a statute of limitations and a statute of repose?

Apr 14, 2014

US Supreme Court averts avalanche of FICA refund requests

Avoiding what attorneys say could have been an “earthquake” effect from businesses rushing to file for a collective $1 billion in tax refunds, the U.S. Supreme Court recently held that severance payments are wages for federal tax withholding purposes.

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 25, 2014

Greenhouse gas regulations could go up in smoke

The Obama administration is urging the justices of the U.S. Supreme Court to rule that the Environmental Protection Agency’s statutory mandate to regulate motor vehicle greenhouse gas emissions triggers a requirement that the agency also regulate emissions from stationary buildings in order to combat the “urgent” problem of climate change.

Jan 29, 2014

US Supreme Court takes dim view of NLRB appointments

The U.S. Supreme Court has cast serious doubt on President Barack Obama’s constitutional authority to install three members on the National Labor Relations Board without Senate approval in 2012.

Jan 27, 2014

Court rules for airline in pilot defamation claim

Ruling that airlines have broad immunity from lawsuits under a post-9/11 security law, the U.S. Supreme Court on Monday threw out a $1.4 million defamation judgment awarded to a pilot who was reported by his employer as mentally unstable and potentially armed.

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 11, 2013

Justices air out issues in EPA pollution case

During an expanded, 90-minute argument session Tuesday, the justices of the U.S. Supreme Court wrangled over whether the Environmental Protection Agency has the authority to impose power plant emission rules upon states that contribute to the air pollution of neighboring states.

Dec 11, 2013

Immigration case questions status of ‘aged-out’ child applicants

At oral arguments Tuesday, the U.S. Supreme Court scrutinized the language of federal immigration statutes to determine whether a visa applicant’s child who ages out of automatic eligibility while waiting in the queue for available visas must go to the back of the line.

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.

Dec 3, 2013

High court casts doubt on frequent flier’s lawsuit (UPDATE)

The Supreme Court indicated Tuesday it won't offer much help to frequent fliers who want to sue when airlines revoke their miles or their memberships.

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