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US Supreme Court ponders if judge’s meddling must be material (access required)

POSTED: Thursday, April 18th, 2013 at 12:37 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

When a meddling judge breaks the rules by giving a criminal defendant a little advice, must a subsequent guilty plea be vacated, or does the defendant have to demonstrate that he was prejudiced?

US Supreme Court’s class-action ruling leaves unanswered questions (access required)

It was a closely watched case that came to a dramatic and unexpected conclusion of questionable precedential value. Now attorneys are left pondering what effect, if any, the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend will have on class-action certifications.

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?

Playin’ the name game: Justice Kennedy picks up honor

POSTED: Thursday, March 7th, 2013 at 11:26 am

BY: Associated Press

When it comes to getting something named for you before you are dead and buried, being on the Supreme Court isn’t a bad choice.

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.”

US high court justices take up legal malpractice case (access required)

POSTED: Thursday, January 17th, 2013 at 1:45 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court appeared reluctant Wednesday to make a federal case out of a legal malpractice claim arising from a patent suit.

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 hears warrantless blood sample case (access required)

POSTED: Thursday, January 10th, 2013 at 10:31 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court appeared unwilling Wednesday to allow police to take blood samples from suspected drunk drivers without a warrant.

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.

Hope, fear in gay marriage cases at high court

POSTED: Monday, December 10th, 2012 at 9:27 am

BY: Associated Press

Gay marriage supporters see 41 reasons to fret over the Supreme Court’s decision to take up the case of California’s ban on same-sex unions.

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.

Justice Ginsburg gets Glamour-ous treatment (access required)

POSTED: Wednesday, November 7th, 2012 at 3:20 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

You may not expect to see one of the justices of the U.S. Supreme Court in the pages of a glossy fashion magazine. After all, their clothes are usually obscured by those black robes. But Justice Ruth Bader Ginsburg graces the pages of the latest issue of Glamour.

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?

Cracked ribs fail to slow Justice Ginsburg (access required)

POSTED: Tuesday, August 14th, 2012 at 10:00 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Justice Ruth Bader Ginsburg didn’t let a couple of cracked ribs break her stride as the U.S. Supreme Court finished one of its biggest terms in recent history.

Justice Ginsburg latest justice to receive bobbling honor (access required)

POSTED: Thursday, July 26th, 2012 at 1:57 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Just in time to celebrate the beginning of her 20th year on the Supreme Court, Justice Ruth Bader Ginsburg is being honored with a bobblehead doll.

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.

Qualified immunity decision leaves retaliatory arrest issue unsettled (access required)

POSTED: Wednesday, June 13th, 2012 at 2:01 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The U.S. Supreme Court has declined to clearly answer the question of whether plaintiffs can bring First Amendment-based retaliatory arrest claims despite the existence of probable cause.

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.

‘In Chambers’ pulls back curtains at Supreme Court (access required)

POSTED: Tuesday, May 29th, 2012 at 1:17 pm

BY: DOLAN MEDIA NEWSWIRES

A U.S. Supreme Court justice stands in his august chambers concentrating on his latest project while a law clerk looks on in admiration. Is the subject a petition for certiorari that seeks to upend decades of constitutional precedent? Hardly.

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.

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