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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.

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Justices struggle over attorney fees in patent troll cases

Justices struggle over attorney fees in patent troll cases

The justices of the U.S. Supreme Court wrangled over the language of a statute that allows prevailing parties in certain patent infringement cases to recoup attorney fees — an issue that could mean millions of dollars in already costly legal proceedings.

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Justices air out issues in EPA pollution case

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.

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US high court struggles over consent to search case

US high court struggles over consent to search case

During a lively oral argument Wednesday, the justices of the U.S. Supreme Court seemed torn over whether police can conduct a warrantless search of a home over the previous objection of a tenant when a co-tenant subsequently consents.

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Justices wrangle over intent needed for aiding, abetting liability

During oral arguments Tuesday, the justices of the U.S. Supreme Court tried to nail down just what intent is necessary for a conviction for the federal crime of aiding and abetting the use of a firearm in a violent or drug felony.

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US justices hear town meeting prayer case

The justices of the U.S. Supreme Court faced the task of drawing a line between permissible religious addresses by private citizens at public meetings and unconstitutional government-sanctioned prayer during Wednesday’s oral arguments in Town of Greece v. Galloway, No. 12-696.

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US high court ponders if forum selection clauses trump federal rules

Forum selection clauses are commonly used to control where disputes can be adjudicated, particularly those arising from business and consumer contracts. But when a party files suit in a court other than the one specified in such an agreement, how can the aggrieved party enforce the contract terms, given that federal law controls the issue of venue?

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Supreme Court strikes federal marriage provision (UPDATE)

Supreme Court strikes federal marriage provision (UPDATE)

In a historic victory for gay rights, the Supreme Court on Wednesday struck down a provision of a federal law denying federal benefits to married gay couples and cleared the way for the resumption of same-sex marriage in California.

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Procedural default not a bar to ineffective assistance claim, justices rule

A deeply divided U.S. Supreme Court has ruled that a procedural default in state court did not bar a Texas death row inmate from seeking relief in federal court based on the assertion that he was denied the effective assistance of counsel at sentencing.

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Another Supreme win for securities class plaintiffs

At a time when class certification has become tougher under recent U.S. Supreme Court precedent, securities plaintiffs scored a major win when the justices ruled that materiality need not be proven at the certification stage of fraud-on-the-market claims.

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US Supreme Court ponders if lawyers can use records to find clients

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.

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Medicaid Act may trump state reimbursement law

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.

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US high court: Can class plaintiffs stipulate damages to avoid federal court?

The justices of the U.S. Supreme Court this week considered whether the Class Action Fairness Act allows plaintiffs to avoid removal to federal court by promising to seek less than the monetary damages threshold.

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US justices debate career criminals

Prior convictions for violent felonies can lead to a significant sentencing enhancement under federal law, but what evidence can sentencing courts consider to determine if a felony is violent enough to trigger heightened punishment?

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US Supreme Court: Can employers stop class actions before they start?

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?

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Justices of US Supreme Court consider what law governs plain error appeals

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.

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Supreme Court Justices question consequences of wrongful acquittals

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.

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