In a lawsuit involving a Walworth County zoning ordinance, the Wisconsin Supreme Court considered what sorts of events can lead to a certiorari-review action.
Read More »Tag Archives: certiorari
Just call it ‘cert’
As if they were not divided enough, the U.S. Supreme Court justices are split six ways over the pronunciation of the word "certiorari," according to an article in The National Law Journal.
Read More »US high court takes up class action jurisdiction case
The U.S. Supreme Court has agreed to decide whether a stipulation by a class action plaintiff that damages will be limited to less than the $5 million threshold for federal jurisdiction is enough to defeat a motion to remove the case to federal court under the Class Action Fairness Act.
Read More »Taxation of e-discovery costs
When it comes to electronically stored information, “[t]he fuss is about money. Discovery is expensive, and electronic discovery is really expensive.” A.L. Brown, “The Manageable Challenge of Electronic Discovery,” formerly posted at www.rkmc.com. Nevertheless, courts have split on which e-discovery costs may be awarded to a prevailing party under 28 U.S.C. §1920(4).
US high court poised to take another look at class actions
After a series of rulings that left some litigators questioning the future of class action litigation, the U.S. Supreme Court will wade into the issue once again next term.
Read More »US Supreme Court fractures on expert testimony issue
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.
Read More »Qualified immunity decision leaves retaliatory arrest issue unsettled
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.
Read More »US Justices: Federal workers’ constitutional claims barred
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.
Read More »US Supreme Court: Agents immune from retaliatory arrest suit
Secret Service agents are protected by qualified immunity from being sued for retaliatory arrest where it was not clearly established that an arrest supported by probable cause could violate the First Amendment, the U.S. Supreme Court has ruled.
Read More »‘In Chambers’ pulls back curtains at Supreme Court
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.
Read More »Justices tackle credit bidding in bankruptcy ‘cramdown’ plan
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.
Read More »US Supreme Court denies certiorari for Engle litigation
In between hours of oral argument over the federal health care legislation, the justices took the time to deny certiorari in the first of the Florida tobacco suits to reach the U.S. Supreme Court.
Read More »Justices consider Double Jeopardy without formal verdict
Sometime jury members can’t come to an agreement in criminal cases. But when jurors are prepared to acquit a defendant on the most serious charges in a case and are deadlocked on the lesser included charges, can a defendant be retried or has jeopardy attached?
Read More »US Supreme Court rules prisoner’s interrogation didn’t violate ‘Miranda’
A prisoner was not “in custody” for Miranda purposes when he was isolated from the general prison population and questioned about conduct that occurred outside the prison because he was informed he could leave when he wanted, was not physically restrained and the door to the room was sometimes open, the U.S. Supreme Court has ruled.
Read More »Wisconsin group petitions high court for certiorari
A Wisconsin-based citizens group is asking the U.S. Supreme Court to review a case challenging the annexation of a business park.
Read More »US Supreme Court to decide if immigration travel ban applies retroactively
The U.S. Supreme Court will soon decide whether a federal immigration law that prevents lawful permanent residents who have been convicted of certain crimes from traveling abroad without being denied reentry applies to convictions that occurred before the law was passed.
Read More »US Supreme Court signals continuing preference for arbitration
The U.S. Supreme Court solidified its pro-arbitration stance in a recent decision interpreting the Credit Repair Organizations Act.
Read More »Does Confrontation Clause bar expert DNA testimony?
The justices of the U.S. Supreme Court have already looked at the issue of DNA evidence in criminal cases, with several rulings restricting prosecutors’ ability to admit such data without calling the lab analysts who prepared the tests to testify.
Read More »US Supreme Court takes on tolling securities case
Sometimes at the U.S. Supreme Court, words and labels mean everything.
Read More »US Supreme Court to decide whether Apprendi applies to criminal fines
The U.S. Supreme Court will decide whether criminal fines are subject to the constitutional requirement that a jury decide sentencing factors that increase a penalty beyond the prescribed statutory maximum.
Read More »Health care case to get full US Supreme Court — Kagan, Thomas included
When the U.S. Supreme Court granted certiorari to decide the constitutionality of the federal health care law’s individual mandate, as well as several other jurisdictional and substantive issues, there was a notable omission: no mention was made about recusal of any justice from the decision.
Read More »Court to consider health care law’s Medicaid mandate
As part of a broad examination of the federal health care law, the U.S. Supreme Court has agreed to consider whether Congress impermissibly conditioned states’ federal Medicaid funding on the adoption of expanded eligibility and coverage thresholds.
Read More »Justices of US Supreme Court question privacy expectations in GPS case
In a case that had the justices questioning just how far the expectation of privacy extends in a world of ever-evolving technologies, the U.S. Supreme Court considered Tuesday whether the police’s use of a warrantless GPS tracking device on a suspect’s car violated the Fourth Amendment.
Read More »US Supreme Court takes up Brady case
The justices of the U.S. Supreme Court seemed sympathetic to an argument by a death row inmate that impeachment evidence withheld by prosecutors during his murder trial would have made a difference in his trial – and that the withholding constituted a Brady violation.
Read More »Do defendants have a remedy for ineffective plea bargains?
Sometimes criminal defense attorneys mess up. But just what, if any, constitutional remedy is available to defendants when their attorneys are ineffective at the plea bargaining stage?
Read More »Is official who lied to grand jury immune from liability? U.S. Supreme Court to decide
The justices of the U.S. Supreme Court are set to decide whether a government official who gives perjured grand jury testimony against a defendant is entitled to absolute immunity.
Read More »US Supreme Court to decide ineffective assistance claim issue
In the second half of a U.S. Supreme Court ineffective assistance double-header, the justices considered whether a lawyer’s failure to inform his client of a plea deal gives the defendant a constitutional remedy after he is arrested again and convicted of an additional charge.
Read More »US Supreme Court term begins with health care law on radar
As the U.S. Supreme Court begins its October 2011 term, it seems more likely than ever that the justices will take up the challenges to the federal health care law and its individual mandate before the term ends in June.
Read More »The term of the century? Blockbuster cases await Supreme Court this session
This U.S. Supreme Court term has all the makings of a blockbuster, with issues such as the constitutionality of the federal health care reform law, the ability of states to pass tough immigration enforcement laws and same-sex marriage rights all set to fall squarely at the Court’s doorstep.
Read More »Supreme Court denies Judge Siefert’s petition for certiorari
The U.S. Supreme Court will not be hearing Milwaukee County Circuit Court Judge John Siefert’s challenge to the Code of Judicial Conduct. On Monday, the Court denied Siefert’s petition for certiorari in Siefert v. Alexander, bringing to a close a long battle over the free speech rights of judges and judicial candidates. Nevertheless, Siefert said in an interview that he ...
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