However the Supreme Court rules after its landmark hearings on same-sex marriage, the issue seems certain to divide Americans and states for many years to come.
The Supreme Court ruled Tuesday that police cannot bring drug-sniffing police dogs onto a suspect’s property to look for evidence without first getting a warrant for a search, a decision which may limit how investigators use dogs’ sensitive noses to search out drugs, explosives and other items hidden from human sight, sound and smell.
Civil Procedure Arbitration; preemption A state rule that mandatory arbitration is unconscionable, because it does not permit classwide proceedings, is preempted by the Federal Arbitration Act. Class arbitration, to the extent it is manufactured by Discover Bank rather than consensual, interferes with fundamental attributes of arbitration. The switch from bilateral to class arbitration sacrifices arbitration’s [...]
Civil Procedure Court of Federal Claims; jurisdiction Two suits are for or in respect to the same claim, precluding CFC jurisdiction, if they are based on substantially the same operative facts, regardless of the relief sought in each suit. Since 1868, Congress has restricted the jurisdiction of the CFC and its predecessors when related actions [...]
United States Supreme Court Civil Rights Brady violations A district attorney’s office may not be held liable under Section 1983 for failure to train its prosecutors based on a single Brady violation. Thompson mistakenly relies on the “single-incident” liability hypothesized in Canton, contending that the Brady violation in his case was the “obvious” consequence of [...]
The Seventh Circuit has denied Milwaukee County Circuit Court Judge John Siefert’s request for rehearing en banc on his lawsuit challenging portions of Wisconsin’s Code of Judicial Conduct.
