Today, Justice Ginsberg delivered the unanimous opinion of the Court (8-0, Justice Kagen not participating in the case) in Arkansas Game & Fish Commission v. United States (11-597). In this case, the government flooded certain lands controlled by the Commission, for the purpose of helping local farmers. The flooding was only temporary, however it resulted [...]
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High Court Reviews “Plain Error” In Criminal Trials
On Wednesday, the Supreme Court entertained arguments in Henderson v. United States (11-9307), a federal drug case.
Can Reimbursements To ERISA Benefit Plans Be Reduced Using Equitable Principles?
Today, the Supreme Court heard arguments in U.S. Airways, Inc. v. McCutchen, (11-1285). The Respondent, James McCutchen was involved in an automobile accident in 2007 and received $66,866 in medical expenses from his employee benefit plan. Thereafter, McCutchen hired an attorney, on a contingency basis, and obtained a $110,000 judgment in a negligence action against [...]
In Employee Harassment Cases, Who Is A “Supervisor”?
In Vance v. Ball State University, et al. (11-556) the Petitioner brought a case against her employer for harassment on the basis of race, under Title VII of the Civil Rights Act of 1964. In such a claim, if the person who harasses the claimant is a “supervisor”, those actions can be imputed to the [...]
How Far Does Antitrust Immunity For Local Governments Go?
Today, the Supreme Court heard arguments in FTC v. Phoebe Putney Health, et al. (11-1160). The Respondent, Phoebe Putney Health System (“PHS”), controls one of two hospitals in Dougherty County, Georgia. In 2010, PHS sought to obtain control of the only other hospital in the area using a government entity created pursuant to Georgia’s Hospital [...]
Who Has The Burden To Prove Withdrawal From A Criminal Conspiracy?
On Tuesday, the Supreme Court heard arguments in Smith v. United States (11-8976), a federal RICO conspiracy case. The Defendant/Petitioner was convicted of being part of a Washington, D.C. Drug trafficking ring along with 14 other defendants. At trial, the government had to prove that the defendant was a member of the criminal conspiracy and [...]
Supreme Court Reviews Evidence Required For Class Certification
The Supreme Court entertained oral arguments in two cases today involving what Plaintiffs must prove in order to have a class certified in class action lawsuits. In the first case, Comcast Corp. v. Behrend (Case No. 11-864), the Plaintiff/Respondents brought suit against the Petitioner, Comcast, for anti-competitive practices. The Respondents claimed that Comcast made “clustering” [...]
Supreme Court Hears Arguments Involving Drug-Sniffing Police Dogs
Photo/U.S. Department of Homeland Security Today the Supreme Court heard two cases involving drug-sniffing police dogs and the Fourth Amendment. The first case, Florida v. Joelis Jardines (11-564), involved whether a dog sniff by a narcotics trained police dog at the front door of a suspected grow house constituted a search within the meaning of [...]
High Court Hears Deportation Case Involving Marijuana Conviction
The Petitioner, Adrian Moncrieffe, was admitted to the United States as a permanent legal resident in 1984 after leaving his home of Jamaica. In 2008, the Petitioner was arrested for possession of 1.3 grams of marijuana and he pled guilty to possession with intent to distribute in a Georgia court. In 2010, the Department of [...]
Supreme Court Revisits Affirmative Action In College Admissions
The question before the Court was whether the admissions practices of the University of Texas, in considering race as one factor in the admission of students that did not get automatic admission, violate the Fourteenth Amendment and civil rights of the Petitioner.
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Indiana Congressman Wants Offsets For Oklahoma Aid
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Enforcement Agents Condemn Obama’s Immigration Policies
