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Tag Archives: Elena Kagan

Scalia, Kagan: Common ground often trumps ideology

One is a sharp-tongued, self-described "wise guy" originalist, who believes the Constitution means today what it meant when it was first written. The other is a diplomatic former Harvard Law School dean who believes there must be "flexibility" in interpreting the nation's governing document.

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US Supreme Court averts avalanche of FICA refund requests

Avoiding what attorneys say could have been an “earthquake” effect from businesses rushing to file for a collective $1 billion in tax refunds, the U.S. Supreme Court recently held that severance payments are wages for federal tax withholding purposes.

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Justices revisit securities fraud class actions

The justices of the U.S. Supreme Court have an opportunity to dramatically change the landscape of securities fraud class action litigation by limiting, or perhaps overruling altogether, a decision upon which plaintiffs have relied for decades.

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Greenhouse gas regulations could go up in smoke

The Obama administration is urging the justices of the U.S. Supreme Court to rule that the Environmental Protection Agency’s statutory mandate to regulate motor vehicle greenhouse gas emissions triggers a requirement that the agency also regulate emissions from stationary buildings in order to combat the “urgent” problem of climate change.

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Court rules for airline in pilot defamation claim

Ruling that airlines have broad immunity from lawsuits under a post-9/11 security law, the U.S. Supreme Court on Monday threw out a $1.4 million defamation judgment awarded to a pilot who was reported by his employer as mentally unstable and potentially armed.

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Justices air out issues in EPA pollution case

During an expanded, 90-minute argument session Tuesday, the justices of the U.S. Supreme Court wrangled over whether the Environmental Protection Agency has the authority to impose power plant emission rules upon states that contribute to the air pollution of neighboring states.

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US high court struggles over consent to search case

During a lively oral argument Wednesday, the justices of the U.S. Supreme Court seemed torn over whether police can conduct a warrantless search of a home over the previous objection of a tenant when a co-tenant subsequently consents.

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US justices hear town meeting prayer case

The justices of the U.S. Supreme Court faced the task of drawing a line between permissible religious addresses by private citizens at public meetings and unconstitutional government-sanctioned prayer during Wednesday’s oral arguments in Town of Greece v. Galloway, No. 12-696.

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US high court ponders if forum selection clauses trump federal rules

Forum selection clauses are commonly used to control where disputes can be adjudicated, particularly those arising from business and consumer contracts. But when a party files suit in a court other than the one specified in such an agreement, how can the aggrieved party enforce the contract terms, given that federal law controls the issue of venue?

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High court ADEA case could end up a bust

The U.S. Supreme Court chose to kick off its new term by hearing a case that considers whether the Age Discrimination in Employment Act trumps constitutional age discrimination claims brought under 42 U.S.C. §1983.

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Kagan: Court hasn’t really ‘gotten to’ email

The members of the Supreme Court continue to communicate with one another through memos printed on ivory paper even as they face the prospect of hearing cases related to emerging technology and electronic snooping in the years to come, Justice Elena Kagan said Tuesday.

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