Tuesday, March 27, 2012



Court

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Court

Supreme Court Allows Search of Employee's City-Owned Pager

by Attorney

In its first ruling on the privacy of workplace texting, the U.S. Supreme Court said Thursday a city audit of an employee's messages on a city-owned pager was a reasonable search under the Fourth Amendment. The unanimous ruling sidestepped whether a police sergeant had a reasonable expectation of privacy in his text messages, some of [...]

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Supreme Court Delivers Rare Victory to Death Penalty Defendants

by Attorney

The U.S. Supreme Court on Monday sympathized with a Florida death row inmate whose lawyer missed a deadline for his habeas appeal and failed to communicate with him for years despite numerous written pleas for help. A rare procedural victory for defendants under the Antiterrorism and Effective Death Penalty Act of 1996, the decision won [...]

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3rd Circuit Tosses Out Attorney Fees Leveled at JPMorgan Chase

by Attorney

Chalk up a victory for JPMorgan Chase now that a federal appeals court has ruled that the bank never should have been ordered to pay more than $17,000 in attorney fees as a punishment for improperly removing a state court suit to federal court. Voting 2-1, the 3rd U.S. Circuit Court of Appeals ruled that [...]

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Arbitration Showdown Looms Between Congress, Supreme Court

by Attorney

Congress and the U.S. Supreme Court appear headed for collision over mandatory arbitration in consumer and employment contracts, thanks to two recent actions that have occurred against a backdrop of generally pro-arbitration Court decisions in the past decade. That trend is in contrast to the increasing skepticism shown by lower courts and lawmakers about arbitration's [...]

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International Abduction Treaty Trumps Parental Rights, Says U.S. Supreme Court

by Attorney

An order prohibiting the removal of a child from a country without the noncustodial parent's consent is enforceable under an international child abduction treaty, the U.S. Supreme Court ruled on Monday. In a dispute between the American mother and British father of a 15-year-old boy that has been closely watched by family and international law [...]

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Law Review Article Could Spell Trouble for Kagan at Confirmation Hearing

by Attorney

Several recent profiles of Elena Kagan imply that she has eyed the Supreme Court almost since high school, and that her reticence about taking strong stands on issues may have been calculated to smooth her path. But such foresight wasn't at work when she wrote a book review published in a 1995 edition of the [...]

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Announcing High Court Nomination, Obama Cites Kagan's Temperament, Intellect

by Attorney

Announcing his decision to nominate Elena Kagan, the first female solicitor general of the United States, to the U.S. Supreme Court, President Barack Obama this morning described Kagan as "one of the foremost legal minds" in the country and someone who approaches issues and problems by "understanding before disagreeing." If confirmed, Kagan, 50, would be [...]

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Personal Statement Law School: Be Active in School and Be Successful in Law School

by Attorney

Academic success, whichever field you’re in, requires preparation.  If you’re aiming for acceptance in law school, then consider the various extra-curricular organizations you can join during your pre-law.  When choosing an organization during your pre-law, ask yourself these questions: How important is my participation in these activities?  Will these organizations help me develop my skills [...]

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High Court Faces Blockbuster Cases as Stevens' Retirement Nears

by Attorney

This is the Supreme Court's final week of argument, with four cases left on the docket and dozens more still to be decided. It also marks the last time Justice John Paul Stevens is expected to hear arguments with his fellow justices. Stevens is scheduled to sit for his last argument Wednesday in Doe v. [...]

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Pressure Grows to Pick a Nonjudge for the High Court

by Attorney

With nine former federal appellate judges on the current Supreme Court, some are saying: Enough already. Even if President Barack Obama ultimately puts a federal judge on the Court -- as all his predecessors have done since Ronald Reagan named state judge and former legislator Sandra Day O'Connor in 1981 -- the push for more [...]

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High Court Hands Lawyers a Mixed Bag in Rulings on Fees, Errors

by Attorney

The U.S. Supreme Court had good and bad news for lawyers Wednesday in a pair of decisions, one on attorney fee awards, and the other on lawyers' liability for errors in debt-collection cases. In the fees case, which has been highly anticipated by civil rights and public interest groups that depend on fee-shifting statutes when [...]

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High Court Justices Consider Privacy Issues in Text Messaging Case

by Attorney

The U.S. Supreme Court on Monday wrestled with the privacy expectations of public employees in a case involving workplace monitoring of text messages. In City of Ontario, Calif. v. Quon, the city is asking the justices to overturn a 9th Circuit ruling holding that it violated the Fourth Amendment privacy rights of Jeffrey Quon, a [...]

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Supreme Court Watchers Wonder: How Conservative Is Kagan?

by Attorney

Solicitor General Elena Kagan's favored position at or near the top of the list of possible replacements for Supreme Court Justice John Paul Stevens has also made her an easy target, especially for liberals who warn she is too conservative to follow in Stevens' progressive footsteps. Scrutiny of her brief record as solicitor general is [...]

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Senators, Interest Groups Weigh in on Possible Stevens Successor

by Attorney

With a known list of seven leading contenders for the impending Supreme Court vacancy, the next several weeks are a crucial chance for those outside the Obama administration to influence the president's pick to succeed Justice John Paul Stevens. Key senators are preparing to offer their recommendations to the White House, and interest groups are [...]

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White House Said to Be Widening Search for High Court Nominee

by Attorney

Washington's spin machine has cycled into high gear, churning out a new set of names as possible contenders to fill Justice John Paul Stevens' seat on the U.S. Supreme Court. Though speculation about the potential nominee always increases in the day or two after a justice's retirement announcement, it may also signal a genuine effort [...]

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Stevens' Departure Leaves Big Shoes to Fill at High Court

by Attorney

When Supreme Court Justice John Paul Stevens departs at the end of the current term, he will be remembered as a one-time centrist maverick who became a powerful leader of the Court's liberal wing. His retirement sets up the likelihood of a contentious confirmation battle, almost no matter whom President Barack Obama nominates to replace [...]

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Justice Stevens' Retirement Announced

by Attorney

After 34 years on the Supreme Court, Justice John Paul Stevens has announced his retirement. Stevens notified President Barack Obama in a letter to the White House Friday morning. His retirement will be effective one day after the Court rises for the summer recess this year. View full legal post on Law.com - Newswire Tags: [...]

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Facebook May Face Patent Challenge in Federal Court

by Attorney

Facebook, the popular social networking site, may soon be squaring off in federal court against claims the site's design infringes on a patent filed several years before Facebook was launched in 2004. Plaintiff Cross Atlantic Capital Partners claims it holds the rights to a patent for an Internet-based "community for users with common interests to [...]

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Supreme Court Ruling Opens Federal Courts to More Class Actions

by Attorney

In a significant blow to business, the Supreme Court ruled Wednesday that certain class actions barred or limited by state laws may proceed in federal courts. A 5-4 majority of the Court held that the federal class action rule, Civil Procedure Rule 23, trumped a New York law prohibiting class actions that seek to recover [...]

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Spin or Win for Investment Industry in High Court Mutual Funds Case?

by Attorney

The investment industry declared victory Tuesday as the Supreme Court ruled in a closely watched case that investor advocates had hoped would make it easier to challenge high fees charged by advisers in the $9 trillion mutual fund business. But industry critics also claimed a win, saying the decision allows plaintiffs to use the kinds [...]

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