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Shushing Sotomayor (access required)

POSTED: Thursday, April 18th, 2013 at 12:30 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Emotions – and tensions – ran high at the U.S. Supreme Court on Tuesday in a case asking whether a federal tribal law allows a biological father to regain custody of a child who had been legally adopted by a couple under state law.

Justices look for line to draw in drug preemption case (access required)

POSTED: Monday, March 25th, 2013 at 11:08 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Deciding where the preemptive effect of federal rules governing drug manufacturing ends and states’ ability to impose liability on drug makers begins has never been an easy task — not even for the justices of the U.S. Supreme Court.

Another Supreme win for securities class plaintiffs (access required)

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.

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.

Medicaid Act may trump state reimbursement law (access required)

POSTED: Wednesday, January 9th, 2013 at 12:19 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

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.

US high court: Can class plaintiffs stipulate damages to avoid federal court? (access required)

POSTED: Wednesday, January 9th, 2013 at 10:55 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

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.

US justices debate career criminals (access required)

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?

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?

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 to take new look at voting rights law

POSTED: Friday, November 9th, 2012 at 5:43 pm

BY: Associated Press

The Supreme Court said Friday it will consider eliminating the government’s most potent weapon against racial discrimination at polling places since the 1960s. The court acted three days after a diverse coalition of voters propelled President Barack Obama to a second term in the White House.

Supreme Court Justices question consequences of wrongful acquittals (access required)

POSTED: Wednesday, November 7th, 2012 at 1:06 pm

BY: Joe Yovino, joe.yovino@wislawjournal.com

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.

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?

Supreme Court justices ponder where fired federal workers can appeal (access required)

POSTED: Tuesday, October 9th, 2012 at 2:14 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Sometimes employment litigation is complicated, so much so that the parties and judges can’t even agree on which court has jurisdiction to hear an appeal.

US high court begins new term with human rights case

POSTED: Monday, October 1st, 2012 at 11:37 am

BY: Associated Press

The Supreme Court opened its new term Monday with a high-stakes dispute between businesses and human rights groups over accountability for foreign atrocities.

Jane Roberts, chief influencer? (access required)

POSTED: Monday, August 13th, 2012 at 1:02 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Did Chief Justice John G. Roberts Jr.’s wife Jane play a role in his his decision in the health care law ruling?

Will public opinion sway US Supreme Court’s same-sex marriage rulings? (access required)

POSTED: Wednesday, July 11th, 2012 at 3:00 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

So if the Supreme Court takes public opinion into consideration — as some pundits assert was the case in Chief Justice John G. Roberts Jr.’s switched vote on the health care decision — what does that mean for the upcoming cases involving same-sex marriage rights?

Health care ruling a bitter pill for some justices (access required)

POSTED: Monday, July 9th, 2012 at 1:34 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Have you ever had a coworker who rubbed you the wrong way, creating a tense atmosphere in the office? Well imagine if you are a Supreme Court justice in that situation; apparently the tension on the bench is so thick you can cut it with a scalpel.

Did Chief Justice Roberts change his vote in the health care case? (access required)

POSTED: Thursday, July 5th, 2012 at 1:29 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

In the days since the U.S. Supreme Court upheld most of the federal health care law, Supreme Court watchers have been posing a new question about the Court’s deliberations in the case: Did Chief Justice John G. Roberts, Jr. change his vote?

Is Chief Justice Roberts the author of the decision of the year? (access required)

POSTED: Wednesday, June 27th, 2012 at 2:16 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

As the nation awaits Thursday morning’s U.S. Supreme Court ruling on the federal health care law, a new pastime has emerged: predicting which justice will author the landmark opinion.

Big week looms for US high court (UPDATE)

POSTED: Monday, June 25th, 2012 at 10:09 am

BY: Associated Press

The Supreme Court is meeting Monday to issue opinions in some of the handful of cases that remain unresolved.

Court: Use new drug sentencing law in crack cases (UPDATE)

The Supreme Court ruled Thursday that people who committed crack cocaine crimes before more lenient penalties took effect and received their prison sentence afterward should benefit from the new rules.

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.

Lawmakers reviewing criminal, bankruptcy procedure amendments (access required)

POSTED: Tuesday, June 19th, 2012 at 10:52 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Pending amendments to the Federal Rules of Bankruptcy Procedure and Criminal Procedure are being reviewed by lawmakers in the House and Senate.

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.

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.

US high court asked to remove erroneous info from opinion (access required)

POSTED: Friday, May 11th, 2012 at 11:37 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

To err is human. But when the nation’s highest court receives erroneous information in a case – and even cites the flawed data in its opinion – what, if anything, should the court do about it?

Justices tackle credit bidding in bankruptcy ‘cramdown’ plan (access required)

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.

U.S. Supreme Court rules private lawyer is immune from suit under §1983 (access required)

POSTED: Wednesday, April 18th, 2012 at 9:58 am

BY: Pat Murphy, Dolan Media Newswires

A private lawyer can claim qualified immunity from a suit under §1983 over his actions in representing a public employer in an internal affairs investigation, the U.S. Supreme Court has ruled in a unanimous decision.

High court: Counsel right extended to expired plea deals (access required)

POSTED: Monday, March 26th, 2012 at 11:39 am

BY: Pat Murphy, Dolan Media Newswires

A criminal defendant could assert an ineffective assistance of counsel claim with respect to plea deals that his lawyer failed to communicate to him before they expired, the U.S. Supreme Court has ruled 5-4.

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