Senator Jeanne Shaheen (D-N.H.) said Monday that the rest of the country needs to “catch up” to New Hampshire to ensure that everyone is treated fairly and equally under the law.
Tag Archives: Supreme Court
Drones Present Privacy Concerns For Americans, Experts Warn
Recently passed legislation requires the FAA to “develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.”
Sotomayor Eclipses Supreme Court Privacy For Moment In Media Spotlight
Dropping just enough crumbs of judicial philosophy to give her appearance a newsworthy sheen, Sotomayor reveled most in local shout outs and cultural comedy.
SCOTUS Issues Decisions On Clean Water Act And Competency In Habeas Proceedings
The Supreme Court handed down decisions in three cases today.
Class Action Lawsuits: When Can A Party Make A Federal Case Out of It?
In 2005, Congress passed the “Class Action Fairness Act” (the “CAFA”). Among its provisions is a section that allows a defendant to remove a case brought in state court, to a federal court, if the potential damages in the case exceed $5 million.
Enhanced Sentencing: Does The State Charge Of Burglary Count?
In Descamps v. United States (119540), the Petitioner Matthew R. Descamps was found guilty of a felony involving a firearm. Because the Petitioner had three prior violent felony convictions, the government asked for an enhanced sentence under the Armed Career Criminal Act (the “ACCA”).
Clean Water Case That None Of The Parties Dispute!
In Los Angeles County Flood Control District v. Natural Resources Defense Counsel, (11-460), environmental organizations filed suit against the county and flood control district for violations of the Clean Water Act. Pollutants in the Watershed Rivers (the Santa Clara River, the Los Angeles River, the San Gabriel River and Malibu Creek, collectively) exceed the levels [...]
Hospitals Miss The Deadline To File For More Medicare & Medicaid Money
In Sebelius v. Auburn Regiona Medical Center, (11-1231), it was revealed in another case, that the Center for Medicare and Medicaid Services (“CMMS”) miscalculated the amount of money that should have been paid to certain hospitals between 1993 and 1996. In 2006, a group of hospitals filed claims with the Provider Reimbursement Review Board (“PRB”) [...]
Temporary Flooding By The Government Can Be A Taking Under the Fifth Amendment
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 [...]
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 [...]
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