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
Wyeth v. Levine (06-1249), Summers v. Earth Island Institute (07-463), Negusie v. Holder (07-499) and order list
Posted in OT08, Supreme Court Updates
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
Posted in OT08, Supreme Court Updates
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
Posted in OT08, Supreme Court Updates
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
14 Penn Plaza LLC v. Pyett, Entergy Corp. v. Riverkeeper, Hawaii v. Office of Hawaiian Affairs, Rivera v. Illinois, Harbison v. Bell and Philip Morris USA Inc. v. Williams
Posted in OT08, Supreme Court Updates
The Court has been busy, issuing six decisions last week, two more this week and a number of orders. To break up the reading, this Update will cover last week’s decisions and the remaining decisions and orders will be summarized separately. After this barrage, the Court will be on recess until the week of April 20th.
The Court handed down a key labor ruling in…
Read More 14 Penn Plaza LLC v. Pyett, Entergy Corp. v. Riverkeeper, Hawaii v. Office of Hawaiian Affairs, Rivera v. Illinois, Harbison v. Bell and Philip Morris USA Inc. v. WilliamsFederal Communications Commission (FCC) v. Fox Television Stations (07-582), Kansas v. Ventris (07-1356), Dean v. United States (08-5274), Cone v. Bell (07-1114) and order list
Posted in OT08, Supreme Court Updates
Justice Souter’s retirement announcement overshadowed other news at the Court last week. Though he is a spring chicken compared to fellow Justices Ginsburg and Stevens (who may be the next Justices to step down), Souter has long wanted to return to his native New Hampshire – which he will soon get to do. All eyes are now on President Obama as he selects his first…
Read More Federal Communications Commission (FCC) v. Fox Television Stations (07-582), Kansas v. Ventris (07-1356), Dean v. United States (08-5274), Cone v. Bell (07-1114) and order list