Legal Book » supreme

9th Circuit Sides With Gay Couples in 2-1 Ruling on Prop 8

Master — Wed, 08 Feb 2012 01:29:59 +0000

Taking a narrow approach in deciding the blockbuster challenge to California’s ban on gay marriage, a split 9th Circuit panel on Tuesday found Proposition 8 unconstitutional. Plaintiffs lawyers acknowledged that the scope of the holding may make the opinion somewhat less likely to be reviewed by the Supreme Court.

Will alien tort case be next Citizens United?

Master — Fri, 03 Feb 2012 05:40:41 +0000

The next Citizens United may have nothing to do with campaign finance or the First Amendment.

As Supreme Court Mulls Overtime for Pharma Sales Reps, Novartis Settles Class Action for $99 Million

admin — Thu, 26 Jan 2012 07:22:40 +0000

If the Supreme Court rules that pharmaceutical sales representatives are exempt from FLSA overtime requirements, it could knock out class action claims pending against a half-dozen drug companies. But Novartis apparently wasn’t willing to gamble that the justices would see things the drug companies’ way.

Christie Names Asian Immigrant and Gay African American to High Court

admin — Wed, 25 Jan 2012 07:59:50 +0000

Gov. Chris Christie has announced two nominees who, if confirmed, would become the first Asian-American and the first openly gay justice on New Jersey’s Supreme Court. The candidates are First Assistant New Jersey Attorney General Phillip Kwon and Bruce Harris, Chatham mayor and of counsel to Greenberg Traurig.

Foes of ‘Pay for Delay’ Drug Settlements Turn to State’s High Court

admin — Tue, 24 Jan 2012 22:57:26 +0000

A class of consumers challenging “pay for delay” drug settlements is asking California’s Supreme Court to find that pharmaceutical patent holders violate antitrust laws when they pay competitors to put off the potential release of generic medicines — a practice estimated to cost consumers $3.5 billion a year in inflated prices.

Company must defend claims that it illegally sought customers’ ZIP codes

Master — Sat, 21 Jan 2012 09:40:27 +0000

A California appeal court has reinstated a suit by a woman who claimed that a Brookstone store illegally asked for her ZIP code during a credit card transaction. The ruling is the first to retrospectively apply a state Supreme Court decision that found ZIP codes were “personal identification information.”

Carlyle Groups Attempts To Ban Shareholder Class Actions, According to IPO Documents

admin — Thu, 19 Jan 2012 05:33:51 +0000

It’s not clear how the Supreme Court’s landmark Concepcion arbitration ruling might apply to shareholder litigation. But the Carlyle Group and its lawyers at Simpson Thacher are ready to test whether a public company can ban shareholder class actions.

Court ponders immunity for private lawyers who take on public jobs

Master — Wed, 18 Jan 2012 07:07:06 +0000

The Supreme Court heard arguments Tuesday in a case in which an employment lawyer was denied qualified immunity in a civil rights suit stemming from his assistance in a city’s internal affairs probe. The 9th Circuit held that everyone else — the city and its officers — was entitled to immunity.

In fight with homeowners, EPA takes heat from high court

admin — Thu, 12 Jan 2012 08:26:19 +0000

The EPA faced a generally hostile Supreme Court this week in a case involving a landowner’s fight to build a home on an alleged wetland. “If you related the facts of this case to the ordinary homeowner,” that homeowner would say, “‘This doesn’t happen in the United States,’” said Justice Samuel Alito Jr.

In fight with homeowners, EPA takes heat from high court

Master — Thu, 12 Jan 2012 08:26:19 +0000

The EPA faced a generally hostile Supreme Court this week in a case involving a landowner’s fight to build a home on an alleged wetland.

Court says credit repair groups can force consumers into arbitration

Master — Thu, 12 Jan 2012 08:26:16 +0000

Credit repair organizations can require consumers to arbitrate their claims, the Supreme Court has ruled, rejecting arguments by consumer and senior citizen groups that the federal Credit Repair Organizations Act gives consumers a non-waivable right to go to court with claims of unfair or deceptive practices.

Unanimous high court finds for church in EEOC fight

admin — Thu, 12 Jan 2012 08:26:05 +0000

A surprisingly unanimous Supreme Court on Wednesday endorsed a “ministerial exception” to employment discrimination laws, asserting that, under the First Amendment, government must keep its nose out of the hiring and firing of clergy. All 12 federal appeals courts have long recognized some form of ministerial exception, but the Supreme Court had not given its imprimatur until now.

Mylan Knocks Out Failure-To-Warn Claims Despite Plaintiffs’ Creative Mensing Argument

Master — Wed, 11 Jan 2012 07:03:31 +0000

A federal judge has dismissed most of a failure-to-warn suit against generic drug maker Mylan in a case where plaintiffs tried to use the “reference listed drug” theory to get around the Supreme Court’s Mensing ruling, which pre-empts most state law labeling claims against generics.

Mylan Knocks Out Failure-To-Warn Claims Despite Plaintiffs’ Creative Mensing Argument

Master — Wed, 11 Jan 2012 07:03:31 +0000

Mylan Knocks Out Failure-To-Warn Claims Despite Plaintiffs’ Creative Mensing Argument

Master — Wed, 11 Jan 2012 07:03:31 +0000

Mylan Knocks Out Failure-To-Warn Claims Despite Plaintiffs’ Creative Mensing Argument

Master — Wed, 11 Jan 2012 07:03:31 +0000

In indecency case, government faces tough path to victory

admin — Wed, 11 Jan 2012 07:03:21 +0000

Solicitor General Donald Verrilli Jr. made a strong appeal to the Supreme Court on Tuesday to uphold government rules on broadcast indecency, asserting a need to preserve a TV and radio “safe haven” devoid of foul language and nudity amid a proliferation of new, coarser media. Whether his plea will save the rules from being overturned on First Amendment grounds is uncertain, but he seemed to stave off a full-scale review of precedents that have been used to justify regulating broadcasters differently from other media.

In indecency case, government faces tough path to victory

Master — Wed, 11 Jan 2012 07:03:21 +0000

In indecency case, government faces tough path to victory

Master — Wed, 11 Jan 2012 07:03:21 +0000

In indecency case, government faces tough path to victory

Master — Wed, 11 Jan 2012 07:03:21 +0000

In Texas voting rights case, Court chooses a narrow path

Master — Tue, 10 Jan 2012 08:03:52 +0000

What was billed as a possible Supreme Court showdown over the constitutionality of the Voting Rights Act instead turned into a narrower debate Monday over how the redistricting of Texas legislative districts should proceed.

Administration Defends Core of Health Care Overhaul in Supreme Court Filing

Master — Sat, 07 Jan 2012 07:09:58 +0000

The Obama administration defended the health care overhaul in a filing Friday with the Supreme Court, saying the law is an appropriate response to a “crisis in the national health care market” and calling on the Court to uphold the core requirement that individuals buy insurance or pay a penalty.

New site can answer who first put the chutzpah in the Supreme Court?

Master — Fri, 30 Dec 2011 10:31:36 +0000

Ever wonder how the phrase “interstate commerce” evolved in usage in U.S. Supreme Court decisions from 1791 to 2005

Days reflects on his years as a top advocate at the high court

admin — Wed, 28 Dec 2011 10:03:10 +0000

The recent announcement by former Solicitor General Drew Days III that he was retiring from Morrison & Foerster represents the winding down of a significant career of advocacy before the Supreme Court. In an interview, Days offered his thoughts and recollections about the Court and his career.

Senate Confirms Obama Nominee to Ninth Circuit

Master — Sat, 17 Dec 2011 05:58:54 +0000

Alaska Supreme Court Justice Morgan Christen on Thursday became the second of President Obama’s 9th Circuit nominees to win Senate confirmation. Christen was considered a noncontroversial pick, carrying a sliver of conservative credibility because then-Gov. Sarah Palin named her to the state Supreme Court.