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Samuel Alito

May 9, 2014

US Supreme Court town prayer ruling divides justices, bar

The U.S. Supreme Court ruling allowing prayers to be delivered before public town meetings divided the justices in two ways: in the result and in the standard that applies in determining whether public prayers violate the Establishment Clause.

May 1, 2014

Justices search for limits in cellphone search cases

Applying centuries-old constitutional principles to situations not contemplated by the Founding Fathers is nothing new for the justices of the U.S. Supreme Court.

Apr 17, 2014

Preemption ruling could lead to increased litigation

A recent U.S. Supreme Court ruling that a common law claim was preempted by federal airline law was bad news for a disgruntled frequent flier who tried to sue Northwest Airlines for revoking his reward program privileges.

Mar 11, 2014

Sarbanes-Oxley whistleblower ruling leaves gap for courts, Congress

The recent U.S. Supreme Court ruling extending Sarbanes-Oxley whistleblower protection to private contractors of publicly-traded companies has some attorneys concerned about the lack of any limiting principle.

Mar 7, 2014

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.

Jan 29, 2014

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.

Jan 24, 2014

US justices grapple with proximate cause in child porn case

The justices of the U.S. Supreme Court are struggling to determine how mandatory statutory damages to victims of child pornography should be allocated among those convicted of possessing and viewing the material, and what proof is required to establish liability.

Dec 5, 2013

US Supreme Court backs forum selection clauses

Contractual forum selection clauses will be a lot easier to enforce in the wake of a ruling this week from the U.S. Supreme Court.

Dec 3, 2013

High court casts doubt on frequent flier’s lawsuit (UPDATE)

The Supreme Court indicated Tuesday it won't offer much help to frequent fliers who want to sue when airlines revoke their miles or their memberships.

Nov 15, 2013

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.

Nov 13, 2013

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.

Oct 8, 2013

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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