A bill that would allow civil negligence suits to be brought by victims of gun violence against firearm manufacturers, distributors, dealers and trade organizations has been introduced in the House, and supporters are pressing for its inclusion in any gun control measure considered by Congress.
Read More »Supreme Court eyes counsel effect on speedy trial
During oral arguments that included a rare comment from Justice Clarence Thomas, the U.S. Supreme Court considered whether a state’s failure to fund court-appointed counsel for a murder defendant should be weighed against the state in determining whether speedy trial rights were violated.
Read More »Justices ponder use of drivers’ records to find clients
The justices of the U.S. Supreme Court are trying to dissect the language of a poorly worded federal statute that protects drivers’ personal information from misuse in an effort to determine whether lawyers broke the law in looking for potential class action plaintiffs.
Read More »‘Mixed-case’ appeals must be heard by district court
A federal employee from St. Louis seeking judicial review of a Merit Systems Protection Board decision dismissing an employment related “mixed-case” appeal must go to district court, not the Federal Circuit, the U.S. Supreme Court has unanimously ruled.
Read More »List of potential Supreme Court nominees includes Calif. attorney general
President Barack Obama’s reelection – and the fact that four of the current nine justices of the U.S. Supreme Court are at or above the age of 74 – means that the president will likely appoint at least one more justice to the Court, perhaps as soon as next year.
Read More »Mesothelioma duty-to-warn case splits states
Mass tort litigators are abuzz over a recent Washington state court ruling that some say expands manufacturers’ duty to warn about potential hazards associated with their products, even when those hazards are not caused by the products themselves.
Read More »Supreme Court tackles complicated ERISA question
That question was at the heart of oral arguments Tuesday at the U.S Supreme Court in U.S. Airways v. McCutchen, a complicated case that pits plain-language contractual interpretation against the equitable principle of unjust enrichment.
Read More »Roberts one of Esquire’s Americans of the year
Glamour isn’t the only magazine handing out year-end accolades to Supreme Court justices. In its December issue, Esquire names Chief Justice John G. Roberts Jr. one of its Americans of the year.
Read More »No waiver of immunity in Little Tucker, court rules
The Little Tucker Act does not waive the federal government’s sovereign immunity with respect to damages claims under the Fair Credit Reporting Act, the U.S. Supreme Court has ruled.
Read More »Justices weigh who bears burden in conspiracy case
During oral arguments last Tuesday, the U.S. Supreme Court had the challenging task of determining whether the prosecution or the defense has the burden of proving at trial whether the defendant withdrew from a criminal conspiracy.
Read More »Consequences of wrongful acquittals questioned
The justices of the U.S. Supreme Court tackled a tough question last Tuesday, considering what consequences result under the double jeopardy clause from an acquittal caused by a judge’s error.
Read More »