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Stephen Breyer

Jun 26, 2013

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.

Jun 24, 2013

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.

May 30, 2013

Procedural default not a bar to ineffective assistance claim, justices rule

A deeply divided U.S. Supreme Court has ruled that a procedural default in state court did not bar a Texas death row inmate from seeking relief in federal court based on the assertion that he was denied the effective assistance of counsel at sentencing.

May 14, 2013

US Supreme Court clarifies bankruptcy discharge standard

The U.S. Supreme Court has clarified that proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.

Apr 29, 2013

In extortion case, US Supreme Court to decide what constitutes ‘property’

Defining “property” may seem an easy task. But for the justices of the U.S. Supreme Court it may be much trickier as they consider whether a nonbinding recommendation for an investment fund qualifies as “property” that can be the subject of attempted extortion.

Apr 29, 2013

US Supreme Court finds defendant’s retro plea a tough sell

Can a common practice in criminal defense trigger constitutional protections when it’s suddenly changed?

Apr 16, 2013

Court struggles with question of human gene patentability

Drawing a legal line to determine when human genetic material ceases to be a creation of nature and instead becomes a patentable product is not easy — even for the U.S. Supreme Court.

Apr 3, 2013

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.

Jan 10, 2013

US Supreme Court hears warrantless blood sample case

The justices of the U.S. Supreme Court appeared unwilling Wednesday to allow police to take blood samples from suspected drunk drivers without a warrant.

Jan 9, 2013

US high court: Can class plaintiffs stipulate damages to avoid federal court?

The justices of the U.S. Supreme Court this week considered whether the Class Action Fairness Act allows plaintiffs to avoid removal to federal court by promising to seek less than the monetary damages threshold.

Dec 6, 2012

US Supreme Court: 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?

Nov 29, 2012

Justices of US Supreme Court consider what law governs plain error appeals

The justices of the U.S. Supreme Court tussled on Wednesday over the issue of whether a plain error sentencing appeal must be decided according to the law in effect at the time of sentencing or at the time of appeal.

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