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Mon 31 May, 2010

The Supreme Court has agreed to decide whether an oral complaint about an alleged labor violation is protected under the anti-retaliation provision of the Fair Labor Standards Act.

Mon 31 May, 2010

The Supreme Court has agreed to decide whether its 2001 decision in Nguyen v. INS allows the United States to require fathers, but not mothers, to have lived in the country five years before they can pass along citizenship to children born outside of marriage to noncitizens.

Mon 31 May, 2010

The U.S. Supreme Court has agreed to decide whether the first-sale doctrine applies to imported goods manufactured outside the United States.

Watchmaker Omega sued Costco when it bought a shipment of the Swiss-made watches from another importer and sold them for below Omega's suggested retail price. Omega contends that Costco's sale infringes on their copyright of the Omega logo on the back face of the watch.

Mon 31 May, 2010

The U.S. Supreme Court has agreed to decide whether an employer can be found liable for discrimination when a biased supervisor does not make employment determinations but influences the decision-maker.

As a member of the U.S. Army Reserves, Vincent Staub was required to attend occasional weekend training as well as a two-week training program during the summer. Reservists are protected from discrimination by the Uniformed Services Employment and Reemployment Rights Act.

Mon 31 May, 2010

The U.S. Supreme Court has agreed to decide whether 28 U.S.C. § 1500 precludes jurisdiction in the Court of Federal Claims when an Indian tribe has also filed an action in federal District Court seeking different relief.

28 USC § 1500 provides that the CFC lacks jurisdiction over “any claim for or in respect to which the plaintiff has any suit or process against the United States” or its agents “pending in any other court.”

Tue 30 Mar, 2010

The Supreme Court ruled today that man's murder conviction should not have been thrown out because there were too few African-Americans in a county's jury pool.

In 1993, Diapolis Smith was convicted of second-degree murder by an all-white jury in Kent County, Mich.

Smith has since argued that his constitutional rights were violated because there were only three African-Americans in the 60- to 100-person pool of prospective jurors. None of them made it into the final 37 considered for his trial's panel.

Tue 30 Mar, 2010

The Supreme Court held today that the federal Investment Company Act limits the ability of investment advisers to charge higher management fees for in-house mutual funds.

A group of individual investors sued Harris Associates, which advises on Oakmark funds. The investors, who own shares in several Oakmark funds, allege that Harris’ fees are so high they violate the federal Investment Company Act of 1940, which was created to limit excessive investment adviser fees.

Wed 31 Mar, 2010

The Supreme Court held today that defense lawyers must tell their immigrant clients that they face deportation if they plead guilty to serious crimes.

Wed 31 Mar, 2010

The Supreme Court held today that a state legislature does not have the power to bar federal courts from ruling on class action cases that are based on state law claims.

Shady Grove Orthopedic Associates brought a class action lawsuit against Allstate Insurance Co., seeking statutory penalties under New York law for overdue payments of no-fault automobile insurance benefits. Shady Grove asserted federal jurisdiction under 28 U.S.C. § 1332(d)(2)(A), which authorizes class actions seeking more than $5 million in damages with a minimal showing of diversity.

Tue 20 Apr, 2010
The Supreme Court today affirmed a lower court decision, striking down a federal law that makes it a crime to create, sell or possess depictions of animal cruelty for commercial gain.
Wed 21 Apr, 2010

The Supreme Court ruled today that a debt collector violated the Fair Debt Collection Practices Act when it used allegedly deceptive forms to notify a debtor of a foreclosure on her home.

Countrywide Home Loans, a debt collector sought to foreclose on Karen Jerman's home and served her with a notice that said the debt would be considered valid unless she disputed the claim in writing.

Wed 21 Apr, 2010

The Supreme Court ruled today that judges could enhance attorney fees for exceptional legal work but only under "extraordinary circumstances."

In June 2002, a class-action lawsuit was filed on behalf of foster children in Fulton and DeKalb counties against the Georgia Department of Human Resources, alleging systematic deficiencies in the counties’ foster care systems.

Wed 21 Apr, 2010

The Supreme Court held today that a U.S district court should have deferred to an ERISA plan administrator's "reasonable" interpretation of the terms of the plan if such an interpretation is reached outside the context of an administrative claim for benefits.

Tue 27 Apr, 2010

A divided Supreme Court held that class arbitrations are not allowed under the Federal Arbitration Act when the contract says nothing on that issue.

AnimalFeeds International Corp. on behalf of a class of plaintiffs filed suit in a Pennsylvania federal district court against Stolt-Nielsen among others alleging defendants were engaged in a "global conspiracy to restrain competition in the world market for parcel tanker transportation services."

Tue 27 Apr, 2010

A unanimous Supreme Court rejected an appeal by Merck & Co. Inc., which sought to block a shareholders' lawsuit over its withdrawn pain reliever Vioxx.

In November 2003, investors filed a class-action lawsuit against Merck in a New Jersey federal district court, alleging the pharmaceutical company had provided misleading information about the risks of Vioxx.

Vioxx was pulled from the market Sept. 30, 2004, because it doubled risks of heart attack, stroke and death.

Thu 29 Apr, 2010

A fractured Supreme Court held today that an 8-foot cross in the Mojave National Preserve does not constitute an unconstitutional governmental endorsement of religion.

The cross was first erected by the Veterans of Foreign Wars in 1934 and has been maintained as a war memorial by the National Park Service.

Wed 12 May, 2010

The Supreme Court held today that the Michigan Supreme Court correctly denied a defendant's appeal on double jeopardy grounds where he was convicted of second-degree murder after his first trial resulted in a mistrial when the jury foreperson indicated that the jury could not reach a verdict.

The case concerns Reginald Lett, who was charged with first-degree murder and possession of a firearm during the commission of a felony in connection with a shooting death at a Detroit liquor store.

Mon 17 May, 2010

The U.S. Supreme Court today upheld the constitutionality of a 2005 law giving federal officials authority to order the long-term confinement of individuals considered to be sexually dangerous.

A provision of the Adam Walsh Child Protection and Safety Act of 2006 authorizes the federal government to seek court-ordered, open-ended civil commitment of any "sexually dangerous person" already in U.S. custody.

Mon 17 May, 2010

The Supreme Court ruled today on how American authorities should handle the Hague Convention on child abduction, which prevents one parent from taking a child to other countries without the other parent's consent.

Timothy Abbott, a British citizen, and Jacquelyn Abbott, a U.S. citizen, married in England and later had a son in Hawaii.

In 2002, all three lived together in Chile. In March 2003, the Abbotts separated and they litigated in the Chilean family courts where Jacquelyn Abbott was ultimately awarded custody and Timothy Abbott was granted visitation rights.

Mon 17 May, 2010

The Supreme Court ruled today on two cases from Florida dealing with minors sentenced to life in prison for committing crimes other than murder.

In Graham v. Florida, a judge sentenced then-17-year-old Terrance Graham to life without parole in 2004 after he took part in an armed home invasion while he was on probation for committing a separate violent crime.