Legal Book » supreme

Lawyer Wins Bid to Depose ‘Law & Order’ Producers in Libel Suit

admin — Wed, 01 Sep 2010 03:37:18 +0000

Attorney Ravi Batra can question “Law & Order” producer Dick Wolf in connection with a $15 million libel action the lawyer filed in 2004 against 35 defendants, including Wolf and NBC Universal, a New York judge has ruled. The suit centers around a “Law & Order” episode entitled “Floater,” in which a bald Indian-American matrimonial attorney called “Ravi Patel” is depicted bribing a Supreme Court justice in Brooklyn.

State Support Courted in High Court Video Game Case

Master — Wed, 01 Sep 2010 03:37:12 +0000

A campaign is under way to win the hearts and minds of state attorneys general in the run-up to a major Supreme Court case testing the constitutionality of limits on the sale of violent video games. Representatives of the video game industry, with $10 billion in annual sales nationwide, have been in contact with state AGs to persuade them to support the industry by filing a brief in the case. At issue: whether California’s 2005 law banning the sale or rental of violent video games to minors violated the First Amendment.

Judicial Committee Unanimously Confirms California’s First Filipina-American Chief Justice

admin — Thu, 26 Aug 2010 03:25:21 +0000

In a courtroom electric with pride from colleagues on the bench and leaders of the Filipino legal community, California chief justice nominee Tani Cantil-Sakauye was confirmed Wednesday by the Commission on Judicial Appointments. If further confirmed by the electorate in November, she will become the 28th leader of the state’s judicial branch. Cantil-Sakauye, whose parents cut sugar cane in Hawaii and harvested crops in California, would give the Supreme Court a female majority and its first Filipino-American justice.

Wal-Mart Appeals Sex Discrimination Class Action to Supreme Court

Master — Thu, 26 Aug 2010 03:25:13 +0000

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 monetary damages violate due process and federal rules of civil procedure, and conflict with other circuits and Supreme Court precedents.

Delaware Ruling Lets Investors Team Up Against Hedge Funds

admin — Thu, 19 Aug 2010 03:36:47 +0000

A Delaware Supreme Court ruling against a defunct hedge fund affiliated with the Perot Family Trust will make it easier for hedge fund investors to investigate legal claims against closed hedge funds. The ruling has “far-reaching implications outside of Delaware” because many U.S

Supreme Court Won’t Stay $20,000 Fine on ‘Birther’ Attorney

admin — Tue, 17 Aug 2010 03:21:19 +0000

The Supreme Court on Monday refused to stay $20,000 in sanctions against attorney-dentist Orly Taitz, a leading figure in the “birther” movement. Taitz was fined last year by Georgia federal Judge Clay Land in connection with her motion for a restraining order to prevent the deployment to Iraq of her client, a U.S.

Could Proposition 8 Case Fizzle Before Reaching Supreme Court?

admin — Sat, 14 Aug 2010 05:00:36 +0000

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 it on appeal all the way to the high court

Kagan Will Have Little Time to Ease Into New Job

Master — Sat, 07 Aug 2010 03:48:00 +0000

Elena Kagan won’t have the luxury of easing into her new job as a Supreme Court justice. She’ll be hiring law clerks and secretaries, setting up her chambers, wading into thousands of petitions and handling emergency matters — which may soon include an appeal of a stay in the California same-sex marriage case. But Kagan’s familiarity with the Court as solicitor general, and the fact that she’s already immersed in the way the Court approaches cases, mean she’s apt to have an easier transition than many of her predecessors.

Kagan Not a ‘Real Lawyer,’ Says Sen. Sessions

admin — Wed, 04 Aug 2010 05:54:37 +0000

As they debate whether to confirm Elena Kagan to the Supreme Court, senators are once again revisiting whether she has enough legal experience to serve as a justice. Sen. Jeff Sessions, R-Ala., said Tuesday that Kagan’s relative lack of litigation work affected her testimony at her confirmation hearing.

U.S. Chamber of Commerce Takes a Pass on Kagan Nomination

Master — Tue, 03 Aug 2010 06:11:06 +0000

The U.S. Chamber of Commerce will not take a position on the nomination of Elena Kagan to the Supreme Court, saying that “our internal endorsement process did not generate a clear consensus that would support either a positive or negative view on her nomination.” The Chamber has endorsed every Supreme Court nominee since it began reviewing high court picks in 1990. A former chief counsel to the Senate Judiciary Committee said he doesn’t believe the Chamber’s decision will affect the Senate vote on Kagan.

Judge Sharon Keller Asks Texas High Court to Vacate Public Warning

admin — Sat, 31 Jul 2010 05:52:58 +0000

In a petition for writ of mandamus, Texas Court of Criminal Appeals Presiding Judge Sharon Keller has asked the state Supreme Court to vacate the public warning the State Commission on Judicial Conduct issued to her on July 16 due to her conduct in connection with the 2007 execution of convicted murderer Michael Richard. Keller alleges that the commission lacked authority under the state constitution to issue the public warning and asks the Supreme Court to dismiss all charges against her.

In Wake of ‘Heller,’ 3rd Circuit OKs Ban on Unnumbered Guns

admin — Fri, 30 Jul 2010 05:32:08 +0000

In an important Second Amendment decision that charts a course for evaluating the validity of gun laws now that the Supreme Court has declared the right to be an individual one, the 3rd Circuit has refused to strike down a federal law that bans possession of guns with obliterated serial numbers.

Courts Differ About Retroactive Effect of High Court Counsel Ruling

Master — Tue, 27 Jul 2010 06:09:00 +0000

New York courts have come down on opposite sides recently in immigration cases where defendants argued that their convictions are not valid in light of a recent Supreme Court decision on ineffective assistance of counsel. Steven Banks, attorney-in-chief of the Legal Aid Society, said that while no federal or state appellate court has decided whether to apply Padilla v.

Commentary: ‘Quon’ Has No Message for Texting

Master — Thu, 22 Jul 2010 05:53:50 +0000

Attorney Leonard Deutchman found the Supreme Court’s admonishment in Quon that the “judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clear” lacked much-needed guidance for lower courts.

Is ‘Thompkins’ the Death Knell of ‘Miranda’?

admin — Sat, 17 Jul 2010 03:18:36 +0000

A recent Supreme Court decision greatly expands the powers of law enforcement officers during custodial interrogations.

Law Firm Didn’t Violate Confidentiality of Partner Who Used Crack Cocaine, Court Rules

Master — Fri, 16 Jul 2010 06:01:14 +0000

In a disciplinary matter involving former McGlinchey Stafford partner John Clegg, the Supreme Court of Louisiana has determined that the law firm did not violate confidentiality when it reported his drug use to the state’s attorney discipline body. At issue was whether the confidentiality that Clegg was owed as a participant in the Lawyers Assistance Program, which precludes LAP volunteers and professionals from reporting lawyers in the rehabilitation program to disciplinary authorities, applied to McGlinchey Stafford.

On Day 2, Kagan Tries to Appease Republicans

admin — Wed, 30 Jun 2010 03:27:59 +0000

U.S. Supreme Court nominee Elena Kagan attempted Tuesday to defuse Republican concerns about her approach to constitutional law.

Kagan Treads Carefully on Guns, Abortion

admin — Tue, 29 Jun 2010 20:42:08 +0000

Questioning Supreme Court nominee Elena Kagan at her confirmation hearing today, Sen. Dianne Feinstein, D-Calif., took on two of the most emotional issues that come before the Court. Why, she asked Kagan, should the Supreme Court’s two recent rulings on gun rights be considered settled law if they were both decided 5-4?

Emotional, Historic Morning at the Supreme Court

Master — Mon, 28 Jun 2010 19:15:03 +0000

On a memorable morning at the Supreme Court, the justices said farewell to Justice John Paul Stevens on his final day before retiring, noted the death of Justice Ruth Bader Ginsburg’s husband, and issued landmark opinions expanding Second Amendment rights, disallowing the Bilski business methods patent and striking down a part of the Sarbanes-Oxley Act.

Justices Limit Securities Fraud Suits by Foreign Investors

admin — Thu, 24 Jun 2010 20:32:36 +0000

The Supreme Court has put new limits on foreign investors who want to use U.S. securities law and U.S. courts to sue foreign firms for fraud

High Court Sides With Ex-Enron CEO Skilling

admin — Thu, 24 Jun 2010 16:30:24 +0000

The Supreme Court has sided with former Enron CEO Jeffrey Skilling in limiting the use of a fraud law that has been a favorite of white collar crime prosecutors. The Court said that the “honest services” law could not be used in convicting Skilling for his role in the collapse of Enron.

Bork Takes Aim at Kagan’s ‘Judicial Hero’

admin — Thu, 24 Jun 2010 06:50:55 +0000

Failed U.S. Supreme Court nominee and former Judge Robert Bork said Wednesday that Elena Kagan’s admiration of an Israeli judge is “disqualifying in and of itself” for Kagan’s own nomination to the Court

Former Solicitors General Endorse Kagan for Supreme Court

Master — Wed, 23 Jun 2010 06:15:20 +0000

All the former U.S. solicitors general since 1985 have joined in endorsing current SG Elena Kagan in advance of her Senate confirmation hearing, set to begin June 28

Breaking Deadlocks, Senate Confirms a Herd of Nominees

admin — Tue, 22 Jun 2010 17:30:49 +0000

The U.S. Senate this morning broke deadlocks on more than 60 presidential nominees, including those for the Federal Energy Regulatory Commission, the National Labor Relations Board and the D.C.

Conservatives, Liberals Wary of Kagan on Abortion

admin — Tue, 22 Jun 2010 07:10:45 +0000

One week before Supreme Court nominee Elena Kagan begins her Senate confirmation hearings, both liberal and conservative groups are criticizing her record on abortion rights. The anti-abortion group Americans United for Life recruited failed conservative Supreme Court nominee Robert Bork for a news teleconference this week to denounce her. At the same time, the liberal Center for Reproductive Rights released a report Monday casting doubt on the depth of Kagan’s support for abortion rights.