Saturday, February 4, 2012



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Wal-Mart Appeals Sex Discrimination Class Action to Supreme Court

by Attorney

The nearly 10-year legal battle over the class action lawsuit alleging sex discrimination at Wal-Mart stores is now before the Supreme Court. Wal-Mart's petition challenging the class certification of more than 1 million female workers was filed Wednesday by Gibson, Dunn & Crutcher's Theodore Boutrous Jr. He asserts that the certification and the claims for [...]

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Could Proposition 8 Case Fizzle Before Reaching Supreme Court?

by Attorney

The high-profile battle over California's Proposition 8 has been touted as the case that could force the Supreme Court to face the issue of same-sex marriage. But now that Judge Vaughn Walker has ruled that Prop 8, which banned same-sex marriage in California, is unconstitutional, the possibility is real that the case might never make [...]

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Senate Confirms Kagan to Supreme Court

by Attorney

Elena Kagan is on the verge of becoming the 112th justice of the U.S. Supreme Court, after three months of sparring over her legal experience and where she falls on the ideological spectrum. Senators voted 63-37 today to confirm Kagan, who is expected to be sworn in as early as Friday. View full legal post [...]

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Chicago Approves Tough New Handgun Restrictions in Wake of Supreme Court Ruling

by Attorney

The Chicago City Council on Friday approved what city officials call the strictest handgun ordinance in the nation, but not before lashing out at the U.S. Supreme Court ruling they contend makes the city more dangerous. The new ordinance bans gun shops in Chicago and prohibits gun owners from stepping outside their homes, even onto [...]

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In 4 Key Rulings, Supreme Court Limits Fraud Statutes' Reach

by Attorney

In four high-impact decisions Thursday, the U.S. Supreme Court significantly limited the scope of federal laws used by prosecutors and plaintiffs in pursuing alleged corporate fraud. In the post-Enron case of Skilling v. U.S. and the related cases of media mogul Conrad Black and Alaska legislator Bruce Weyhrauch, the high court redefined the "honest services" [...]

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Supreme Court Upholds Law Criminalizing 'Material Support' for Terrorist Groups

by Attorney

The U.S. Supreme Court upheld Monday the federal law criminalizing "material support" for designated terrorist groups, rejecting complaints that the law is so vague that it would stifle political speech by groups with peaceful intent. The 6-3 decision was a big victory for government prosecutors, who frequently use the statute as a weapon to neutralize [...]

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High Court Upholds Anti-Terror Law

by Attorney

In one of four decisions handed down today, the Supreme Court rejected a First Amendment challenge and ruled 6-3 in favor of a federal law making it a crime to knowingly provide "material support" to designated foreign terrorist organizations. Chief Justice John Roberts Jr. wrote for the majority that the law is not unconstitutionally vague, [...]

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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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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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Senators Target Supreme Court's 'Exxon' Ruling in Effort to Make Oil Companies Pay for Spills

by Attorney

Lawmakers looking for ways to ensure that oil companies pay for devastating spills have introduced a bill that targets the 2008 Supreme Court decision Exxon Shipping Co. v. Baker, which imposed a 1:1 ratio of punitive damages to compensatory damages in maritime cases. Some constitutional law scholars and litigators of punitive damages awards say that, [...]

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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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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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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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Supreme Court Justices Hostile to 'Foreign-Cubed' Cases

by Attorney

U.S. Supreme Court justices appeared hostile on Monday toward so-called "foreign-cubed" securities fraud class actions in which the plaintiffs and stock issuers are foreign and the alleged fraud took place on foreign soil. International companies and foreign governments including France, the United Kingdom and Australia filed briefs in the case arguing against jurisdiction in the [...]

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The Nine: Inside the Secret World of the Supreme Court

by Attorney

ISBN13: 9781400096794 Condition: NEW Notes: Brand New from Publisher. No Remainder Mark. Product DescriptionIn The Nine, acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at [...]

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Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices

by Attorney

ISBN13: 9780446580571 Condition: New Notes: BRAND NEW FROM PUBLISHER! BUY WITH CONFIDENCE, Over one million books sold! 98% Positive feedback. Compare our books, prices and service to the competition. 100% Satisfaction Guaranteed Product Description A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who [...]

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