November 22, 2011
8:00 am
Sen. Al Franken, D-Minn., a champion of the proposed Arbitration Fairness Act, recently led a hearing before the Senate Committee on the Judiciary called “Arbitration: Is It Fair When Forced?”
Tagged with: AT&T Mobility LLC v. Concepcion Equal Employment Opportunity Commission Practice Management U.S. Supreme Court
Read More »
October 24, 2011
9:00 am
The U.S. Supreme Court is trying to determine if the strip search of a county jail inmate, erroneously arrested on a warrant for a minor offense, violated the Fourth Amendment.
Tagged with: Fourth Amendment U.S. Supreme Court
Read More »
October 11, 2011
10:58 am
After taking Columbus Day off, the U.S. Supreme Court is back in action to hear oral arguments this week on issues including whether claims arising under the Credit Repair Organizations Act are arbitrable, and whether the Fourth Amendment limits strip searches on jail inmates held on minor charges.
Tagged with: Credit Repair Organizations Act Fourth Amendment U.S. Supreme Court
Read More »
June 14, 2011
11:15 am
“All crack is cocaine base but not all cocaine base is crack,” Judge Diane S. Sykes noted in U.S. v. Edwards, 397 F.3d 570 (7th Cir. 2005).
Tagged with: 7th Circuit Crack cocaine Diane Sykes U.S. Supreme Court
Read More »
June 10, 2011
12:46 pm
In cases involving frivolous and non-frivolous claims, a court may grant reasonable fees to the defendant, but only for costs that would not have been incurred but-for the frivolous claims, the U.S. Supreme Court said.
Tagged with: U.S. Supreme Court
Read More »
June 6, 2011
9:50 am
Justice Stephen Breyer is recovering from injuries he suffered when he took a spill on his bicycle over the weekend near his home in Cambridge, Mass.
Tagged with: Stephen Breyer Supreme Court U.S. Supreme Court
Read More »
June 6, 2011
9:47 am
Boston, MA - Justice Samuel Alito said he should have recused himself from considering a 2009 Supreme Court case involving federal penalties for televised profanity - a move that would have changed the outcome of the case.
Tagged with: FCC recusal Samuel Alito Supreme Court U.S. Supreme Court
Read More »
June 2, 2011
8:43 am
Under 7th Circuit precedent, federal courts in Wisconsin are bound to apply the old mandatory minimum sentences for crack cocaine offenses occurring before the Fair Sentencing Act of 2010 went into effect.
Tagged with: 7th Circuit Ann Claire Williams David Hamilton U.S. Supreme Court
Read More »
May 20, 2011
1:19 pm
Washington — Taking aim at a U.S. Supreme Court ruling they say strips workers and consumers of their right to redress against powerful corporations Tuesday, lawmakers in both houses reintroduced the Arbitration Fairness Act, which would bar pre-dispute mandatory arbitration clauses in consumer and employment contracts and in civil rights disputes.
Tagged with: U.S. Supreme Court
Read More »
May 10, 2011
1:03 pm
On April 27, 2011, the U.S. Supreme Court issued its much-awaited decision in AT&T Mobility, LLC v. Concepcion, No. 09-893. In Concepcion, AT&T’s contract provided for arbitration and required claims to proceed on an individual basis.
Tagged with: AT&T Mobility LLC v. Concepcion SCOTUS U.S. Supreme Court
Read More »
April 25, 2011
11:33 am
The enforceability of class action waivers and mandatory arbitration clauses in consumer contracts is stuck in limbo.
Tagged with: 9th Circuit AT&T Lisa Lawless U.S. Supreme Court
Read More »
April 21, 2011
8:00 am
In two decisions this year, the U.S. Supreme Court made it tougher for state prisoners to obtain habeas corpus relief in federal court.
Tagged with: Habeas Corpus Ineffective assistance SCOTUS U.S. Supreme Court
Read More »
April 7, 2011
10:16 am
Boston MA - The U.S. Supreme Court's recent ruling that oral complaints about workplace conditions made to a company supervisor are covered by the anti-retaliation provision of the Fair Labor Standards Act has employment lawyers taking notice.
Tagged with: Fair Labor Standards Act U.S. Supreme Court
Read More »
April 6, 2011
10:29 am
The timeline for filing a petition for writ of habeas corpus in federal court challenging a state conviction is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Recently, the United States Supreme Court addressed whether a state inmate’s challenge to his sentence tolls the deadline.
Tagged with: AEDPA Supreme Court U.S. Supreme Court
Read More »
April 6, 2011
9:28 am
Little Rock, ARK (AP) – U.S. Supreme Court Justice Stephen Breyer argued Tuesday that judges need to apply the Constitution’s values with an eye toward the changing times as he talked about the past successes and missteps of the nation’s ...
Tagged with: Stephen Breyer U.S. Supreme Court
Read More »
March 11, 2011
9:58 am
When the U.S. Supreme Court rules in the case Wal-Mart Stores v. Dukes, it will not only decide whether more than 1.5 million female Wal-Mart workers can proceed as a class in a lawsuit alleging that the company systemically paid them less than male employees.
Tagged with: class action Class actions U.S. Supreme Court
Read More »
February 25, 2011
11:04 am
Federal law doesn’t preempt state tort suits alleging seatbelts were negligently designed.
Tagged with: 7th Circuit tort U.S. Supreme Court Wisconsin Court of Appeals
Read More »
February 21, 2011
9:23 am
The abuse of eminent domain in the United States is at least as old as the U.S. Supreme Court's opinion in Berman v. Parker, 348 U.S. 26 (1954), in which the court shamelessly held that confiscating the property of homeowners and business owners, in order to transfer it to politically-connected cronies, was a valid public use, comparable to building a public road.
Tagged with: Eminent domain U.S. Supreme Court
Read More »
January 20, 2011
11:56 am
This month, the U.S. Supreme Court granted cert in two related plea cases addressing ineffective assistance of counsel, Lafler v. Cooper (No. 10-2009) and Missouri v. Frye (No. 10-444).
Tagged with: U.S. Supreme Court
Read More »
January 11, 2011
11:38 am
Washington - At the U.S. Supreme court, 2010 was an historic year that brought not only some of the most significant rulings in decades in areas such as the Sixth Amendment and labor law, but also saw historic changes to the court itself.
Tagged with: Padilla v. Kentucky U.S. Supreme Court
Read More »
December 17, 2010
11:26 am
Washington - The U.S. Supreme Court is considering a case that will decide what notice credit card companies must give to consumers about interest rate increases under a now-changed federal regulation.
Tagged with: U.S. Supreme Court
Read More »
December 6, 2010
10:30 am
Washington - A unanimous (except for the recused Justice Elena Kagan) Supreme Court has held that plaintiffs bringing sec. 1983 actions against a municipality must show that their injury was caused by a municipal policy or custom, regardless of whether the action is for monetary, injunctive or declarative relief.
Tagged with: Ruth Bader Ginsburg Samuel Alito SCOTUS Sonia Sotomayor U.S. Supreme Court
Read More »
December 3, 2010
11:34 am
The U.S. Supreme Court appears ready to strike a key provision of Arizona’s Clean Elections Act, leaving the future of state and national public campaign financing programs, including Wisconsin’s, in limbo.
Tagged with: U.S. Supreme Court
Read More »
November 12, 2010
11:20 am
Does the good faith exception to the exclusionary rule apply to a search authorized by caselaw that has since been overruled?
Tagged with: U.S. Supreme Court
Read More »
November 10, 2010
11:03 am
Washington - In the 17th century, writer Jean de La Fontaine wrote a fable about a clever monkey who persuaded a cat to fetch chestnuts from a hot fire. The cat's paws got burned, but the monkey got what he wanted - fresh roasted snacks.
Tagged with: U.S. Supreme Court
Read More »
November 5, 2010
10:13 am
By Pat Murphy Dolan Media The U.S. Supreme Court will decide the extent to which defendants in a civil rights case are entitled to attorney fees under Section 1988 after obtaining the dismissal of a frivolous claim that involved interrelated ...
Tagged with: Attorney fees U.S. District Court U.S. Supreme Court
Read More »
November 5, 2010
10:10 am
Does the good faith exception to the exclusionary rule apply to a search authorized by caselaw that has since been overruled?
Tagged with: exclusionary rule U.S. Supreme Court
Read More »
October 20, 2010
10:05 am
Boston (Dolan) — The U.S. Supreme Court heard oral arguments Tuesday in a case that considers whether a lawyer ineffectively assisted a murder defendant by failing to get an expert to investigate blood evidence from the scene of a shooting.
Tagged with: U.S. Supreme Court
Read More »
October 8, 2010
11:56 am
Washington - Those representing indigent clients before the U.S. Supreme Court may want to take note of one item in the massive list of orders issued by the Court on Oct. 4.
Tagged with: U.S. Supreme Court
Read More »
October 1, 2010
11:42 am
Boston (Dolan) - Among the 14 cases accepted for review by the U.S. Supreme Court are five criminal cases.
Tagged with: U.S. Supreme Court
Read More »