Greetings, Court fans!
Congratulations are in order for new Solicitor General Donald Verrilli. The former Deputy White House Counsel was confirmed by the Senate, 72-16, this past week. News outlets reported that Verrilli was quietly sworn in Thursday afternoon so that he could get to work, with a more formal ceremony to follow.
Now, back to our regularly scheduled program of cases. Today, we bring…
Greetings, Court fans!
We’re back to bring you Brown v. Plata (09-1233), the Court’s lengthy and highly controversial decision ordering a reduction in California’s prison population; and Fowler v. United States (10-5443), interpreting the federal witness tampering statute.
Justice Kennedy authored the majority opinion in Brown v. Plata (09-1233), where he joined with the liberal wing of the Court to find that…
Read More Brown v. Plata (09-1233) and Fowler v. United States (10-5443)
Greetings, Court fans!
The decisions are washing ashore in waves now as we make our way into June. This Update wades through: Ashcroft v. al-Kidd (10-98), holding that former Attorney General Ashcroft could not be sued for allegedly instituting a policy to use material witness warrants to preventatively detain terrorism suspects; United States v. Tinklenberg (09-1498), explaining how courts should count time under…
Greetings, Court fans!
We’re back with three cases with a little something for everyone: Kentucky v. King (09-1272), on the exigent circumstances exception to warrantless search; Schindler Elevator Corp. v. United States ex rel. Kirk (10-188), on the public disclosure bar of the False Claims Act; and CIGNA Corp. v. Amara (09-804), on remedies for misrepresentations surrounding a change in retirement plan…
Greetings, Court fans!
This Update will bring you two decisions and all recent orders.
We’ll start with the Court’s controversial 5-4 decision in AT&T Mobility LLC v. Concepcion (09-893), which held that Section 2 of the Federal Arbitration Act (“FAA”) requires courts to enforce agreements to arbitrate on an individual basis even if a state statute or caselaw would render class actions waivers unenforceable…
Greetings, Court fans!
Last week, the Court issued a pair of decisions on state sovereign immunity, Sossamon v. Texas (08-1438) and Virginia Office for Protection and Advocacy v. Stewart (09-529).
In Sossamon v. Texas (08-1438), the Court held 6-2 that States did not consent to waive their sovereign immunity to suits for money damages under the Religious Land Use and Institutionalized Persons Act…
