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certiorari

Dec 30, 2020

State Supreme Court considers certiorari-triggering event in zoning lawsuit

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.

Jun 27, 2014

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.

Sep 4, 2012

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.

Aug 27, 2012

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 h[...]

Jul 16, 2012

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.

Jun 20, 2012

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.

Jun 13, 2012

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.

Jun 12, 2012

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.

Jun 8, 2012

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.

May 29, 2012

‘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.

Apr 24, 2012

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.

Apr 3, 2012

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.

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