This Update with cover the four decisions from Monday, including a major arbitration ruling in Rent-a-Center, West, Inc. v. Jackson (09-497), a decision upholding a statute criminalizing the provision of material support to foreign terrorist groups even as applied to plaintiffs’ support for the groups’ lawful and humanitarian activities in Holder v. Humanitarian Law Project (08-1498 and 09-89), an administrative law decision on
Read More Rent-a-Center, West, Inc. v. Jackson (09-497), Holder v. Humanitarian Law Project (08-1498 and 09-89), Monsanto Co. v. Geerston Seed Farms (09-475), Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp. (08-1553) and Union Pacific Railroad Co. v. Regal-Beloit Corp. (08-1554)
New Process Steel, L.P. v. NLRB (08-1457), Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection (08-1151), City of Ontario v. Quon (08-1332), Schwab v. Reilly (08-538) and Dillon v. United States (09-6338)
The June deluge continues, with the Court releasing four more decisions today. But this Update will bring you more on New Process Steel, L.P. v. NLRB (08-1457), as well as the other four decisions issued last Thursday: Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection (08-1151), where the Court concluded that Florida did not “take” private property in violation of
Read More New Process Steel, L.P. v. NLRB (08-1457), Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection (08-1151), City of Ontario v. Quon (08-1332), Schwab v. Reilly (08-538) and Dillon v. United States (09-6338)
Astrue v. Ratliff (08-1322), Dolan v. United States (09-367), Holland v. Florida (09-5327) and Carachuri-Rosendo v. Holder (09-60)
The Court issued 5 decisions today, with the biggest news coming in New Process Steel, L.P. v. NLRB (08-1457), where an unusual 5 member majority of the Court (Justice Stevens, plus the conservatives) held that the NLRB acted without statutory authority during a two year period when it issued decisions without the required number of members. The question left unanswered: What happens to the
Read More Astrue v. Ratliff (08-1322), Dolan v. United States (09-367), Holland v. Florida (09-5327) and Carachuri-Rosendo v. Holder (09-60)
Krupski v. Costa Croceire S.p.A. (09-337), Hamilton v. Lanning (08-998), Levin v. Commerce Energy, Inc. (09-223), and Barber v. Thomas (09-5201)
I have 4 more decisions to bring you (which will bring us current through the end of last week): Krupski v. Costa Croceire S.p.A. (09-337), clarifying the test for determining when a plaintiff’s amended complaint adding a new party “relates back” to the original complaint for statute of limitations purposes; Hamilton v. Lanning (08-998), holding that bankruptcy courts can consider future changes in
Read More Krupski v. Costa Croceire S.p.A. (09-337), Hamilton v. Lanning (08-998), Levin v. Commerce Energy, Inc. (09-223), and Barber v. Thomas (09-5201)
Hardt v. Reliance Standard Life Insurance Co. (09-448), United States v. Marcus (08-1341) and United States v. O’Brien (08-1569)
As promised, this Update covers the Court’s three other opinions from Monday: Hardt v. Reliance Standard Life Insurance Co. (09-448), which addresses attorney’s fees under a specific ERISA provision, but has relevance for all fee-shifting statutes that aren’t explicitly limited to a “prevailing party”; United States v. Marcus (08-1341), on the “plain error” rule under Federal Rule of Criminal Procedure 52(b); and United
Read More Hardt v. Reliance Standard Life Insurance Co. (09-448), United States v. Marcus (08-1341) and United States v. O’Brien (08-1569)
Order List: May 28, 2010
I’m back to bring you recent Court orders, including six cert grants in:
AT&T Mobility LLC v. Concepcion (09-893), which asks: “Whether the Federal Arbitration Act preempts States from conditioning the enforcement of an arbitration agreement on the availability of particular procedures – here, class-wide arbitration – when those procedures are not necessary to ensure that the parties to the arbitration agreement are able
Read More Order List: May 28, 2010