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unanimous Supreme Court rejected an appeal by Merck & Co. Inc., which sought to block a shareholders' lawsuit over its withdrawn pain reliever Vioxx.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

Mon 24 May, 2010

The Supreme Court today backed an appeal by federal prosecutors in a case involving the sex trafficking and forced labor conviction of a man who has been called the "S&M Svengali."

In September 2007, Glenn Marcus was sentenced to nine years in prison for abusing a woman he photographed for his Web site. Marcus was convicted in the U.S. District Court for the Eastern District of New York for sex trafficking involving children or force, fraud or coercion and forced labor.

Mon 24 May, 2010

A unanimous Supreme Court held today that prevailing party status is not necessary for an award of attorney’s fees under the Employee Retirement Income Security Act (ERISA) §502(g).

Bridget Hardt filed suit, arguing that Reliance Standard Life Insurance Co. wrongly denied her claim for long-term disability benefits.

The trial court remanded the matter to Reliance for reconsideration, and Reliance reversed its earlier decision and awarded Hardt full benefits. The trial court then awarded Hardt $39,149 in attorney fees.

Mon 24 May, 2010

The Supreme Court ruled today that mandatory minimum sentencing enhancement for the use of a machine gun in a federal crime is an element of the underlying offense that must be proved to a jury beyond a reasonable doubt.

Martin O'Brien and Arthur Burgess pleaded guilty in the U.S. District Court for the District of Massachusetts, and were convicted of conspiring to affect commerce by robbery, attempting to affect commerce by robbery and using and carrying a firearm during and in relation to, and possessing a firearm in furtherance of, a crime of violence.

Mon 24 May, 2010

The Supreme Court today weighed in on the deadline for workers to file a discrimination lawsuit with a federal agency after completing an employment test.

Mon 24 May, 2010

A unanimous Supreme Court ruled today that the National Football League could be subject to antitrust action with regards to its exclusive licensing deal for sports merchandise.

American Needle Inc. designs, manufactures and sells apparel and hats with the names and logos of professional sports teams. For many years, the company held a non-exclusive license from the NFL to produce and sell merchandise bearing the logos of the league's 32 teams.

Thu 11 Mar, 2010

The Supreme Court has agreed to decide whether a plaintiff must show that a constitutional violation by a public entity was the result of a policy, custom or practice of that entity before declaratory relief can be granted.

Thu 11 Mar, 2010

The Supreme Court has agreed to decide whether a defense counsel's reliance on cross-examination in lieu of forensic evidence violates a client's Sixth Amendment right to effective assistance of counsel.

A California trial court convicted Joshua Richter of burglary and murder. He exhausted his state court remedies and filed for habeas corpus relief in a California federal district court, arguing that he was denied effective assistance of counsel in violation of the Sixth Amendment.

Thu 11 Mar, 2010

The Supreme Court has agreed to decide whether background checks of federal contractors at a NASA lab violate privacy rights or serve an imperative national security interest.

The case concerns 2004 Bush administration antiterrorism initiative that extended background checks required for many government jobs to contract employees, including scientists and engineers at the Jet Propulsion Laboratory, a research facility operated by the California Institute of Technology under a contract with NASA.

Thu 11 Mar, 2010

The Supreme Court has agreed to rule on the legal right to sue by parents whose children have been injured by vaccines.

The case concerns whether the National Childhood Vaccine Injury Act bars parents in Pittsburgh from suing the pharmaceutical company Wyeth over the side effects allegedly caused by its diphtheria, tetanus and pertussis vaccines.

Robalee and Russell Bruesewitz claimed their daughter developed a seizure disorder after getting the vaccine when she was six months old. The 3rd U.S. Circuit Court of Appeals dismissed their claims as pre-empted by the act.

Thu 11 Mar, 2010

The Supreme Court has agreed to decide whether the First Amendment protects picketing the funerals of soldiers killed in combat.

The case concerns a lawsuit filed by the family of a Marine, Matthew Snyder, after members of the Westboro Baptist Church picketed his funeral.

The family accused the Westboro Baptist Church and its founders of defamation, invasion of privacy and the intentional infliction of emotional distress for displaying signs that said, "Thank God for dead soldiers" and "Fag troops" at Snyder's funeral.

Tue 23 Mar, 2010

In a narrow ruling, the Supreme Court held today that student loans can be dismissed in bankruptcy without showing that repayment constitutes an "undue hardship."

In 1994, Francisco Espinosa filed for Chapter 13 bankruptcy and proposed a plan that provided for the repayment of his $13,250 in federal student loans to United Student Aid Funds.

After U.S. Aid Funds was notified, it filed a proof of claim roughly $4,500 greater than that was included in the plan -- or $17,832. The bankruptcy court approved the original plan and Funds was notified it would be paid the lower figure.