U.S. Supreme Court Case Commentaries

Strengthening Rule 23(b)(3) Standards for Classwide Antitrust Damages: Insights from Comcast Corp. v. Behrend

Date: Mar 28, 2013

Strengthening Rule 23(b)(3) Standards for Classwide Antitrust Damages: Insights from Comcast Corp. v. Behrend Introduction Comcast Corporation, et al., Petitioners v. Caroline Behrend et al. is a...

Scope of Law Enforcement Proviso Under Federal Tort Claims Act Clarified in Kim Millbrook v. United States

Date: Mar 28, 2013

Scope of Law Enforcement Proviso Under Federal Tort Claims Act Clarified in Kim Millbrook v. United States Introduction Kim Millbrook v. United States, 133 S.Ct. 1441 (2013), is a significant Supreme...

Enhanced Scrutiny for Classwide Damages in Antitrust Class Actions: Comcast v. Behrend

Date: Mar 28, 2013

Enhanced Scrutiny for Classwide Damages in Antitrust Class Actions: Comcast v. Behrend Introduction Comcast Corporation, et al. v. Caroline Behrend et al., 569 U.S. 27 (2013), is a landmark decision...

Florida v. Jardines: Establishing the Front Porch as Protected Curtilage Under the Fourth Amendment

Date: Mar 27, 2013

Florida v. Jardines: Establishing the Front Porch as Protected Curtilage Under the Fourth Amendment Introduction In the landmark case Florida v. Jardines, 569 U.S. 1 (2013), the United States Supreme...

Fourth Amendment Implications of Drug-Sniffing Dogs on Residential Porches: Florida v. Jardines

Date: Mar 27, 2013

Fourth Amendment Implications of Drug-Sniffing Dogs on Residential Porches: Florida v. Jardines Introduction Florida v. Jardines, 133 S.Ct. 1409 (2013), is a landmark decision by the United States...

Federal Medicaid Anti-Lien Provisions Preempt State's Irrebuttable Allocation Scheme in Tort Recoveries: North Carolina v. Aldona WOS

Date: Mar 21, 2013

Federal Medicaid Anti-Lien Provisions Preempt State's Irrebuttable Allocation Scheme in Tort Recoveries: North Carolina v. Aldona WOS Introduction North Carolina Department of Health and Human...

EPA's Interpretation of 'Industrial Activity' Exempts Logging Road Stormwater from Clean Water Act Permits

Date: Mar 21, 2013

EPA's Interpretation of 'Industrial Activity' Exempts Logging Road Stormwater from Clean Water Act Permits Introduction The Supreme Court case Doug Decker, in his official capacity as Oregon State...

Supreme Court Upholds EPA's Interpretation of Stormwater Discharges under the Clean Water Act

Date: Mar 21, 2013

Supreme Court Upholds EPA's Interpretation of Stormwater Discharges under the Clean Water Act Introduction In the landmark case Decker v. Northwest Environmental Defense Center, the U.S. Supreme...

Decker v. Northwest Environmental Defense Center: Clarifying NPDES Permit Requirements for Logging Road Stormwater Runoff

Date: Mar 21, 2013

Decker v. Northwest Environmental Defense Center: Clarifying NPDES Permit Requirements for Logging Road Stormwater Runoff Introduction In Decker v. Northwest Environmental Defense Center, the United...

Strict Preemption of State Medicaid Lien Allocation: Insights from WOS v. E.M.A.

Date: Mar 21, 2013

Strict Preemption of State Medicaid Lien Allocation: Insights from WOS v. E.M.A. Introduction In the landmark case of Aldona WOS, Secretary, North Carolina Department of Health and Human Services v....

Stipulations in Proposed Class Actions Do Not Affect CAFA Jurisdiction

Date: Mar 20, 2013

Stipulations in Proposed Class Actions Do Not Affect CAFA Jurisdiction Introduction The Class Action Fairness Act of 2005 (CAFA) was enacted to provide federal courts with original jurisdiction over...

Kirtsaeng v. Wiley: Expanding the First Sale Doctrine to Foreign-Made Copies

Date: Mar 20, 2013

Kirtsaeng v. Wiley: Expanding the First Sale Doctrine to Foreign-Made Copies Introduction Supap Kirtsaeng v. John Wiley & Sons, Inc. (133 S.Ct. 1351), decided by the U.S. Supreme Court on March 19,...

First Sale Doctrine Extended to Internationally Manufactured Copyrighted Works

Date: Mar 20, 2013

First Sale Doctrine Extended to Internationally Manufactured Copyrighted Works Introduction Supap Kirtsaeng, a Thai national, migrated to the United States to pursue higher education in mathematics....

Binding Nature of Precertification Stipulations in CAFA Jurisdiction: An Analysis of Standard Fire Ins. Co. v. Knowles

Date: Mar 20, 2013

Binding Nature of Precertification Stipulations in CAFA Jurisdiction: An Analysis of Standard Fire Ins. Co. v. Knowles Introduction Standard Fire Insurance Company v. Greg Knowles is a landmark 2013...

Ste v. Levin: Gonzalez Act Abrogates FTCA's Intentional Tort Exception for Military Medical Personnel

Date: Mar 5, 2013

Ste v. Levin: Gonzalez Act Abrogates FTCA's Intentional Tort Exception for Military Medical Personnel Introduction In Ste v. Levin, 133 S.Ct. 1224 (2013), the United States Supreme Court addressed a...

Overriding FTCA's Intentional Tort Exception: The Gonzalez Act in Ste v. Levin

Date: Mar 5, 2013

Overriding FTCA's Intentional Tort Exception: The Gonzalez Act in Ste v. Levin 1. Introduction In Ste v. Levin, 568 U.S. 503 (2013), the United States Supreme Court addressed a pivotal issue...

No Precertification Proof of Materiality Required for Securities-Fraud Class Actions

Date: Feb 28, 2013

No Precertification Proof of Materiality Required for Securities-Fraud Class Actions Introduction The Supreme Court case Amgen Inc. et al. v. Connecticut Retirement Plans and Trust Funds (133 S.Ct....

Fixed Five-Year Statute of Limitations for SEC Civil Penalties Established

Date: Feb 28, 2013

Fixed Five-Year Statute of Limitations for SEC Civil Penalties Established Introduction The United States Supreme Court delivered a landmark decision in Marc J. Gabelli and Bruce Alpert v. Securities...

SEC Civil Penalty Enforcement: Fixed Limitations Period Affirmed in Gabelli v. SEC

Date: Feb 28, 2013

SEC Civil Penalty Enforcement: Fixed Limitations Period Affirmed in Gabelli v. SEC Introduction The Supreme Court case Marc J. Gabelli and Bruce Alpert v. Securities and Exchange Commission (133...

Amgen Inc. v. Connecticut Retirement Plans: Redefining Class Certification in Securities-Fraud Actions

Date: Feb 28, 2013

Amgen Inc. v. Connecticut Retirement Plans: Redefining Class Certification in Securities-Fraud Actions Introduction In the landmark case of Amgen Inc. et al. v. Connecticut Retirement Plans and Trust...

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