Following two U.S. Supreme Court decisions that shut the door on state-law failure-to-warn and design-defect claims over generic drugs, the Food and Drug Administration is taking steps that could ultimately open a window for plaintiffs.
Read More »Senate committee OKs sexual orientation anti-bias bill
The bill would prohibit workplace discrimination on the basis of actual or perceived sexual orientation or gender identity and would allow workers to bring desperate treatment claims based on such job bias.
Read More »Health care law’s employer mandate delayed one year
Obama administration officials said the decision to delay enforcement of the mandate, a central component of the Affordable Care Act, was made in response to feedback from members of the business community who expressed concern about compliance with the employer and insurer reporting requirements under the law.
Read More »Arbitration ruling divides litigation bar
The court ruled June 20 in American Express Co. v. Italian Colors Restaurant that claimants can’t avoid a waiver of class arbitration on the grounds that the cost of individual arbitration would be prohibitively high.
Read More »Justices rule for adoptive couple in Indian custody dispute
The U.S. Supreme Court has ruled that the Indian Child Welfare Act does not automatically bar the adoption of an Indian child over the objection of her noncustodial biological father.
Read More »Court strikes down DOMA, nixes Prop 8 appeal
The Supreme Court holds that the law prohibiting recognition of state-sanctioned same-sex marriages for federal purposes unconstitutionally violates equal protection principles.
Tagged with: Proposition 8 same-sex marriage U.S. Supreme Court
Read More »Supreme Court strikes down Voting Act’s preclearance formula
The decision strikes only the preclearance coverage formula, which was originally designed to expire after five years, not the preclearance requirement itself established by §5 of the Act.
Tagged with: U.S. Supreme Court Voting Rights Act
Read More »Supreme Court takes up bankruptcy jurisdictional case
The U.S. Supreme Court has agreed to decide whether bankruptcy court judges can rule on matters normally reserved for Article III judges if the parties in the matter consent — and whether such consent can be implied from the parties’ conduct.
Read More »Justices set stricter affirmative action standard
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.
Tagged with: affirmative action Good Faith U.S. Supreme Court University of Texas
Read More »Supreme Court to decide fate of Obama’s recess appointments
The U.S. Supreme Court has agreed to decide whether the president had the power to install three of his nominees to the board without Senate approval.
Tagged with: Barack Obama U.S. Supreme Court
Read More »Supreme Court: High cost no bar to class arbitration waiver
In American Express Co. v. Italian Colors Restaurant the justices ruled against a group of merchants seeking to bring a class action against a credit card company alleging antitrust violations.
Tagged with: class arbitration U.S. Supreme Court
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