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Legal News Video Update - April 26, 2010

Among the stories on this video edition of LexisNexis Legal News, reviews of two recent Supreme Court decisions, a new lawsuit filed by the SEC, and a $200 million settlement of a securities class action lawsuit. (Please visit the site to view this video)

Legal News Video Update - May 3, 2010

Among the stories on this video edition of LexisNexis Legal News, the U.S. Supreme Court finds a judge erred in enjoining Congress from transferring government land on which a Christian cross stands into private hands, but affirms that a shareholder derivative lawsuit over the marketing of Vioxx was...

Materials Discussing the Process of Selecting and Confirming a Supreme Court Nominee

These materials discuss the Constitutional basis and other aspects of the nomination and approval of Supreme Court justices. The links below may be accessed by lexis.com subscribers. Non-subscribers may obtain research packages by the day, week, or month at lexisONE . Appointment of "judges...

Opinions and Articles Written by Justice John Paul Stevens

On April 9, 2010, Supreme Court Justice John Paul Stevens informed the White House that he would step down as of the Court's summer recess. Justice Stevens, age 89, has served on the Supreme Court for 34 years. Read the retirement letter that Justice Stevens sent to President Obama . Justice Stevens...

Legal Articles Written by Solicitor General Elena Kagan

President Barack Obama has announced his second nomination to the United States Supreme Court. He has chosen Elena Kagan, the current Solicitor General of the United States, to fill the United States Supreme Court seat being vacated by retiring Justice John Paul Stevens. Unlike the more recent appointees...

Supreme Court Accepts Recommendations On Interstate Radioactive Waste Agreement

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 1 adopted recommendations by a court-appointed special master in litigation brought by four states and an interstate commission challenging North Carolina's alleged breach of a radioactive waste management agreement ( State of Alabama...

Historic Moment: 3 Women to Serve Together on Supreme Court as Senate Confirms Elena Kagan

WASHINGTON, D.C. - The Senate voted 63-37 today to confirm Elena Kagan as the 112th justice and fourth woman to serve on the U.S. Supreme Court. Five Republicans, the two Senate independents and all but one Democrat supported President Barack Obama's second appointment to the high court in a year...

DOJ Brief Supports TVA Request that Supreme Court Vacate 2nd Circuit Reinstatement of Public Nuisance Greenhouse Gas Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

Digital Music Price Fixing Antitrust Class Action Proceeds in Second Circuit after Denial of Petition for Certiorari by Supreme Court

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 10 declined to grant a petition for certiorari filed by the nation's four top record labels, which sought review of a ruling by the Second Circuit U.S. Court of Appeals that allowed a group of consumers to pursue antitrust class claims...

Supreme Court: Federal Court Erred in Precluding State Court Baycol Class Action

WASHINGTON, D.C. - (Mealey's) A unanimous U.S. Supreme Court ruled Jun. 16 that a federal court presiding over federal Baycol lawsuits improperly enjoined a West Virginia state court from considering a class action involving the heart drug ( Keith Smith, et al. v. Bayer Corporation , No. 09-1205...

Supreme Court Reverses Ruling Allowing States To Sue Over Greenhouse Gas Emissions

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 unanimously reversed a Second Circuit U.S. Court of Appeals ruling that allowed five states to pursue lawsuits under the Clean Air Act (CAA) that sought court-imposed limits on the greenhouse gas (GHG) emissions discharged by a number...

Supreme Court Wants Solicitor General Comments On Bankruptcy Conflict

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 asked the U.S. solicitor general for comment on a bankruptcy case in which the Bankruptcy Code and the Real Estate Settlement Procedures Act (RESPA) are in conflict as it relates to a lender's right to require debtors to deposit...

Supreme Court Reverses Certification Of Women's Class Action Against Wal-Mart

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 reversed certification of a class of more than 1 million current and former female employees of the nation's largest retailer after finding that certification was not consistent with Federal Rule of Civil Procedure 23(a) ( Wal-Mart...

Split Supreme Court Upholds Panel's Federal Employers' Liability Act Causation Standards Ruling

WASHINGTON, D.C. - (Mealey's) A split U.S. Supreme Court on June 23 upheld the Seventh Circuit U.S. Court of Appeals' determination that Rogers v. Missouri Pacific R. Co. (352 U.S. 500) relaxed the proximate cause requirement in Federal Employers' Liability Act (FELA) cases and that a trial...

Supreme Court: Vermont Law Restricting Prescribing Data Is Unconstitutional

WASHINGTON, D.C. - (Mealey's) Vermont's law restricting the sale of doctors' drug-prescribing information to data miners for use in marketing drugs to doctors is an unconstitutional, impermissible restriction on free speech content and on speakers with which the state disagrees, the U.S....

The Anna Nicole Smith Case: Bankruptcy Courts Lack Constitutional Authority On Compulsory Counterclaims

WASHINGTON, D.C. - (Mealey's) A divided U.S. Supreme Court on June 23 affirmed a Ninth Circuit U.S. Court of Appeals ruling that a bankruptcy court lacks the constitutional authority to enter final judgment on compulsory counterclaims to proofs of claim in bankruptcy proceedings ( Howard K. Stern...

Duane Morris Alert: 'Religious Worship Services' After Hours in School Facilities Prohibited by NYC Rule and Sustained by 2nd Circuit

Case probably opens a Supreme Court debate about how the Establishment Clause and the Free Speech Clause interface By a 2-1 vote, a panel of the U.S. Court of Appeals for the Second Circuit-in The Bronx Household of Faith v. Board of Education of the City of New York 1 -vacated a permanent injunction...

Keller & Heckman Alert: Supreme Court Rules On Exercise Of Personal Jurisdiction Over Foreign Companies

On June 27, 2011, the Supreme Court of the United States issued opinions in Goodyear Luxembourg Tires v. Brown , 564 U.S. ___ [1] , [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] and J. McIntyre Machinery, Ltd. v. Nicastro , 564 U.S...

Fulbright Briefing: Telephone Consumer Protection Act Claims May be Brought in Federal Court, Supreme Court Rules

The Supreme Court recently confirmed that private rights of action for violations of the Telephone Consumer Protection Act ("TCPA") may be brought in either federal or state courts. On January 18, 2012, a unanimous Court decided Mims v. Arrow Financial Services, LLC , reversing the decision...

High Court Ruling Recognizing 'Ministerial Exemption' A 'Resounding Victory' For Religious Organizations

By Darrell VanDeusen In a decision that many are calling a resounding victory for religious organizations, the Supreme Court has unanimously decided that the First Amendment's establishment and free exercise clauses create a "ministerial exception" that bars an ADA lawsuit (and by extension...

John Castellano on United States v. Jones: Defining the Scope of the 4th Amendment in a Digital Era

In United States v. Jones [ enhanced version available to lexis.com subscribers ], the Supreme Court announced that a warrant is required to track a suspect by attaching a GPS device to the suspect's vehicle, even though the suspects' movements are public and could be fully discovered by simple...

State Net Capitol Journal: Governors Brace For Marriage Fight To Return To States

Governors reacted somewhat predictably to the Supreme Court's historic decisions supporting same-sex marriage last Wednesday, with Democrats hailing the rulings and Republicans bemoaning them. But there is one thing both sides can agree on: the battle over gay marriage is sure to now shift back to...

Jay Shapiro: The Supreme Court Takes Another Look At Consent Searches & Georgia v. Randolph

By Jay Shapiro This Term, the Court will have the opportunity to state whether its rule in Georgia v. Randolph is restricted to the very specific facts of that case or if there is a broader application of that holding. In Fernandez v. California , the Court examines a situation where the police were...