The chasm between corporate-defense attorneys who extol the virtues of mandatory arbitration agreements and members of the plaintiffs’ bar who say the pacts strip consumers of their right to redress was widened by the U.S. Supreme Court last month.
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Read More »In a ruling that will have an immediate effect on more than 1,000 federal laws and programs, the Supreme Court on Wednesday struck down the Defense of Marriage Act, holding that the law prohibiting recognition of state-sanctioned same-sex marriages for federal purposes unconstitutionally violates equal protection principles.
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Read More »Giving the University of Texas at Austin another chance to prove that its affirmative action program passes constitutional muster, the U.S Supreme Court held Monday that schools must prove that admissions policies considering race among other factors must be strictly tailored to the purpose of diversity.
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Read More »In a victory to generic pharmaceutical companies, the U.S. Supreme Court ruled today that state design-defect laws that impose a duty on generic drug makers to either change their labeling in violation of federal law or pull the drug from the market are preempted.
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Read More »Workers who allege that their employer retaliated against them must meet a higher burden than merely showing that the desire to retaliate was one motivating factor, the U.S. Supreme Court has ruled in a 5-4 decision that vacates a $3.4 million jury verdict.
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Read More »More than five years ago, when employment lawyer Christopher McKinney left a large law firm to open his own practice, he quickly found he was spending too many hours playing phone tag with his clients.
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Read More »The U.S. Supreme Court’s splintered ruling allowing a witness’ pre-arrest silence to be introduced at trial — its latest decision carving out more of the contours of defendants’ well-known right to remain silent — seemed at first blush to be a devastating blow to defense attorneys and their clients.
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The litigation exception to a federal privacy law did not allow four trial attorneys to obtain the personal information of drivers for the “predominant purpose” of soliciting new clients for consumer lawsuits, the U.S. Supreme Court ruled Monday.
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Read More »Sentencing a criminal defendant under later guidelines that provide for a higher sentence than those in effect at the time the crimes were committed violates the Ex Post Facto Clause, the U.S. Supreme Court has ruled in a 5-4 decision.
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Read More »The U.S. Supreme Court has agreed to decide the factors that determine whether a party has standing to sue for false advertising under the Lanham Act.
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