LexisNexis® Legal Newsroom
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...

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...