On Monday, Justice Ginsburg put the Chrysler-Fiat sale briefly on hold so that the Court could consider a request by certain opponents of the sale for a stay while they challenged the bankruptcy court’s order approving the sale. Just a day later, the Court issued a two page per curiam opinion finding that petitioners hadn’t satisfied their burden under the relevant stay factors; thus allowing
United States v. Clintwood Elkhorn Mining Co. (07-308), MeadWestvaco Corporation v. Illinois Department of Revenue (06-1413) and order list
In a rare display of what passes for judicial humor, the Court released two tax opinions on the dreaded April 15th. The Court released three additional decisions yesterday, which we’ll bring you in a separate Update to break things up.
In United States v. Clintwood Elkhorn Mining Co. (07-308), the Court held that when the Internal Revenue Code says you have to exhaust the
Ali v. Federal Bureau of Prisons (06-9130) and order list
The Court’s out for a brief recess again, but it left us with one decision yesterday, holding 5-4 in Ali v. Federal Bureau of Prisons (06-9130) that the Federal Tort Claims Act (FTCA) does not allow for lawsuits based on the wrongful detention of property by federal law enforcement officials, broadly defined. The holding itself is not as interesting as the Justices’ various exchanges on
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Wyeth v. Levine (06-1249), Summers v. Earth Island Institute (07-463), Negusie v. Holder (07-499) and order list
The Court issued three decisions and an Order List this week. The ruling garnering all the press came in Wyeth v. Levine (06-1249), which is being hailed as a victory for patients, consumers, and . . . trial lawyers. The plaintiff, Levine, was a musician who went to the hospital seeking relief from migraine headaches and nausea and ended up having part of her
Vaden v. Discover Bank (07-773), Bartlett v. Strickland (07-689), Kansas V. Colorado (105, Orig.), Vermont v. Brillon (08-88) and order list
The Court issued four more decisions last week before going on recess. The decision with the most practical significance for most of us civil litigators came in Vaden v. Discover Bank (07-773), where the Court tackled a circuit split over how federal courts should determine whether they have federal question jurisdiction over petitions to compel arbitration, announcing a rule that the dissent insisted will
Knowles v. Mirzayance (07-1315), Puckett v. United States (07-9712) and order list
The Court returned from recess without much fanfare, issuing two criminal decisions and an Order list this week. (For those of you who keep track, the Court is well ahead of its pace from last Term, having released 35 decisions, as compared to 27 as of this date last year. Perhaps Chief Justice Roberts will eventually make good on his promise to expand the docket
Read More Knowles v. Mirzayance (07-1315), Puckett v. United States (07-9712) and order list