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  • Commentaries
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U.S. Supreme Court Case Commentaries

Presumption Against Extraterritoriality Applies to Alien Tort Statute Claims: KIOBEL v. ROYAL DUTCH PETROLEUM CO.

Presumption Against Extraterritoriality Applies to Alien Tort Statute Claims: KIOBEL v. ROYAL DUTCH PETROLEUM CO.

Date: Apr 18, 2013
Presumption Against Extraterritoriality Applies to Alien Tort Statute Claims: KIOBEL v. ROYAL DUTCH PETROLEUM CO. Introduction KIOBEL v. ROYAL DUTCH PETROLEUM CO. is a landmark 2013 decision by the...
Missouri v. McNeely: Fourth Amendment Protections in DWI Investigations

Missouri v. McNeely: Fourth Amendment Protections in DWI Investigations

Date: Apr 18, 2013
Missouri v. McNeely: Fourth Amendment Protections in DWI Investigations Introduction Missouri v. Tyler G. McNeely, 569 U.S. 141 (2013), is a landmark decision by the United States Supreme Court that...
Dismissal of FLSA Collective Actions Under Rule 68: Genesis Healthcare Corp. v. Symczyk

Dismissal of FLSA Collective Actions Under Rule 68: Genesis Healthcare Corp. v. Symczyk

Date: Apr 17, 2013
Dismissal of FLSA Collective Actions Under Rule 68: Genesis Healthcare Corp. v. Symczyk Introduction In the landmark case of Genesis Healthcare Corporation, et al. v. Laura Symczyk, the United States...
ERISA §502(a)(3) Enforcement: Plan Provisions Override Equitable Doctrines with Default Rules Applied When Silent

ERISA §502(a)(3) Enforcement: Plan Provisions Override Equitable Doctrines with Default Rules Applied When Silent

Date: Apr 17, 2013
ERISA §502(a)(3) Enforcement: Plan Provisions Override Equitable Doctrines with Default Rules Applied When Silent Introduction In the landmark case of US Airways, Inc. v. James E. McCutchen, 569 U.S....
Genesis Healthcare Corp. v. Symczyk: Mootness in FLSA Collective Actions and Rule 68 Offers

Genesis Healthcare Corp. v. Symczyk: Mootness in FLSA Collective Actions and Rule 68 Offers

Date: Apr 17, 2013
Genesis Healthcare Corp. v. Symczyk: Mootness in FLSA Collective Actions and Rule 68 Offers Introduction In Genesis Healthcare Corporation, et al., Petitioners v. Laura Symczyk, 569 U.S. 66 (2013),...
ERISA Plan Terms Prevail Over Equitable Defenses: An In-Depth Analysis of US Airways, Inc. v. McCutchen

ERISA Plan Terms Prevail Over Equitable Defenses: An In-Depth Analysis of US Airways, Inc. v. McCutchen

Date: Apr 17, 2013
ERISA Plan Terms Prevail Over Equitable Defenses: An In-Depth Analysis of US Airways, Inc. v. McCutchen Case Citation: US Airways, Inc., Petitioner v. James E. McCutchen et al. (133 S.Ct. 1537) |...
Right to Reappointment of Counsel in Post-Waiver Stages: Marshall v. Rodgers

Right to Reappointment of Counsel in Post-Waiver Stages: Marshall v. Rodgers

Date: Apr 2, 2013
Right to Reappointment of Counsel in Post-Waiver Stages: Marshall v. Rodgers Introduction John Marshall, Warden v. Otis Lee Rodgers (569 U.S. 58) is a significant Supreme Court case that addresses...
Broad Application of the FTCA's Law Enforcement Proviso Established in Millbrook v. United States

Broad Application of the FTCA's Law Enforcement Proviso Established in Millbrook v. United States

Date: Mar 28, 2013
Broad Application of the FTCA's Law Enforcement Proviso Established in Millbrook v. United States Introduction Millbrook v. United States (569 U.S. 50, 2013) is a landmark decision by the United...
Strengthening Rule 23(b)(3) Standards for Classwide Antitrust Damages: Insights from Comcast Corp. v. Behrend

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

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

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

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

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

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

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

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

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.

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

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

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,...
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