Same-sex couples in 11 more states would win the right to marry, but the issue would remain unsettled nationwide if the Supreme Court were to surprise everyone and decline to take up gay marriage right now.
Read More »Tag Archives: Ruth Bader Ginsburg
Same-sex marriage heading for Supreme Court vote?
Both sides in the gay marriage debate agree on one thing: It's time for the U.S. Supreme Court to settle the matter.
Read More »Ginsburg: Gender bias more subtle today
U.S. Supreme Court Justice Ruth Bader Ginsburg says discrimination against women is more subtle than when she began her legal career more than 50 years ago.
Read More »Corporations are people? It’s a real legal concept
There may be more to that "we the people" notion than you thought.
Read More »‘Raging Bull’ copyright ruling may KO common defense in patent, other cases
A recent U.S. Supreme Court ruling involving a classic Hollywood film may have dealt a knockout punch to a commonly used affirmative defense in a much broader range of cases, including patent litigation.
Read More »US high court takes on law barring false political speech
The justices of the U.S. Supreme Court seemed to cast some constitutional doubt on a state statute that prohibits making false statements about political candidates during oral arguments in the case of Susan B. Anthony List v. Driehaus, No. 13-193.
Read More »Juice drink showdown reaches US Supreme Court
During oral arguments Monday, the justices of the U.S. Supreme Court seemed disinclined to hold that a Lanham Act claim of false representation against beverage giant Coca-Cola was preempted under the Food, Drug and Cosmetic Act.
Read More »US justices struggle with software patentability
The justices of the U.S. Supreme Court are facing the difficult task of determining whether computer-implemented software programs that draw on non-computerized principles — a category that could encompass countless types of programs that are in use by millions of people — are eligible for patents.
Read More »Defendants score wins in high court personal jurisdiction rulings
The U.S. Supreme Court handed civil defendants a pair of victories in cases that raise the issue of when a party can be sued in federal court in a state far from home.
Read More »Justices try to calculate mortgage fraud restitution
The justices of the U.S. Supreme Court are trying to figure out just how much restitution is owed to a victim of bank fraud under the Mandatory Victims Restitution Act.
Read More »US Supreme Court takes dim view of NLRB appointments
The U.S. Supreme Court has cast serious doubt on President Barack Obama’s constitutional authority to install three members on the National Labor Relations Board without Senate approval in 2012.
Read More »US justices cast doubt on validity of union pact
The justices of the U.S. Supreme Court expressed doubt on Wednesday as to the legality of a commonly used type of labor negotiating pact, setting up the possibility of a high court ruling that could shake up workplace organization efforts.
Read More »US Supreme Court beefs up standard for ineffective assistance appeals
Federal courts taking up ineffective assistance-based appeals involving plea bargains must apply a “doubly deferential” standard of review that gives significant weight to state court determinations, the U.S. Supreme Court has ruled, reversing a 6th U.S. Circuit Court of Appeals ruling in Burt v. Titlow, No. 12-414.
Read More »Justices wrangle over intent needed for aiding, abetting liability
During oral arguments Tuesday, the justices of the U.S. Supreme Court tried to nail down just what intent is necessary for a conviction for the federal crime of aiding and abetting the use of a firearm in a violent or drug felony.
Read More »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?
Read More »US justices hear ineffective assistance case
The U.S. Supreme Court is poised to fill in some of the legal blanks left by its 2012 ruling in Lafler v. Cooper, which extended criminal defendants’ right to effective counsel to the plea bargaining stage.
Read More »Supreme Court strikes federal marriage provision (UPDATE)
In a historic victory for gay rights, the Supreme Court on Wednesday struck down a provision of a federal law denying federal benefits to married gay couples and cleared the way for the resumption of same-sex marriage in California.
Supreme Court halts use of key part of voting law (UPDATE)
A deeply divided Supreme Court threw out the most powerful part of the landmark Voting Rights Act on Tuesday, a decision deplored by the White House but cheered by mostly Southern states now free from nearly 50 years of intense federal oversight of their elections.
Read More »Court makes it harder to sue businesses
A sharply divided Supreme Court on Monday made it more difficult for Americans to sue businesses for discrimination and retaliation, leading a judge to call for Congress to overturn the court's actions.
Read More »US Supreme Court ponders if judge’s meddling must be material
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?
Read More »US Supreme Court’s class-action ruling leaves unanswered questions
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.
Read More »U.S. Supreme Court justices rule in closely-watched class action case
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.
Read More »Use of drug-sniffing dog constituted ‘search’, says U.S. Supreme Court
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.
Read More »U.S. Supreme Court tackles California gay marriage case
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.
Read More »Can employers stop class actions before they start?
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?
Read More »Playin’ the name game: Justice Kennedy picks up honor
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
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
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.”
Read More »US high court justices take up legal malpractice case
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.
Read More »High court considers whether counsel affects speedy trial right
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.
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