U.S. Supreme Court Case Commentaries

Defining Causation Standards under FELA: CSX Transportation, Inc. v. Robert McBride

Date: Jun 24, 2011

Defining Causation Standards under FELA CSX Transportation, Inc. v. Robert McBride (564 U.S. 685, 2011) Introduction CSX Transportation, Inc. v. Robert McBride is a landmark decision by the United...

Bullcoming v. New Mexico: Strengthening the Confrontation Clause in Forensic Evidence

Date: Jun 24, 2011

Bullcoming v. New Mexico: Strengthening the Confrontation Clause in Forensic Evidence Introduction Bullcoming v. New Mexico is a landmark 2011 decision by the United States Supreme Court that...

PLIVA, Inc. v. Mensing: Federal Preemption Shields Generic Drug Manufacturers from State Failure-to-Warn Liability

Date: Jun 24, 2011

PLIVA, Inc. v. Mensing: Federal Preemption Shields Generic Drug Manufacturers from State Failure-to-Warn Liability Introduction In the landmark case PLIVA, Inc., et al. v. Gladys Mensing, the United...

Freeman v. United States: Expanding Eligibility for Sentence Reduction Under §3582(c)(2)

Date: Jun 24, 2011

Freeman v. United States: Expanding Eligibility for Sentence Reduction Under §3582(c)(2) Introduction Freeman v. United States, 564 U.S. 522 (2011), is a pivotal United States Supreme Court decision...

Preemption of State Warning Labeling Requirements for Generic Drug Manufacturers

Date: Jun 24, 2011

Preemption of State Warning Labeling Requirements for Generic Drug Manufacturers Introduction PLIVA, Inc., et al. v. Gladys Mensing Actavis Elizabeth, LLC is a landmark decision by the U.S. Supreme...

Bankruptcy Court's Authority over State Law Counterclaims Violates Article III

Date: Jun 24, 2011

Bankruptcy Court's Authority over State Law Counterclaims Violates Article III Introduction In Howard K. Stern, Executor of the Estate of Vickie Lynn Marshall v. Elaine T. Marshall, Executrix of the...

Heightened Judicial Scrutiny Applied to Content- and Speaker-Based Restrictions on Commercial Speech in Sorrell v. IMS Health Inc.

Date: Jun 24, 2011

Heightened Judicial Scrutiny Applied to Content- and Speaker-Based Restrictions on Commercial Speech in Sorrell v. IMS Health Inc. Introduction Case: WILLIAM H. SORRELL, ATTORNEY GENERAL OF VERMONT,...

Public Concern Requirement for Petition Clause Retaliation Claims Established

Date: Jun 21, 2011

Public Concern Requirement for Petition Clause Retaliation Claims Established Introduction Borough of Duryea, Pennsylvania, et al. v. Charles J. Guarnieri (564 U.S. 379, 2011) marks a significant...

Displacement of Federal Common Law by the Clean Air Act in AEP v. Connecticut

Date: Jun 21, 2011

Displacement of Federal Common Law by the Clean Air Act in American Electric Power Company, Inc. v. Connecticut Introduction American Electric Power Company, Inc. v. Connecticut is a landmark 2011...

Due Process in Civil Contempt Proceedings: Turner v. Rogers Analysis

Date: Jun 21, 2011

Due Process in Civil Contempt Proceedings: Turner v. Rogers Analysis Introduction In Michael D. Turner v. Rebecca L. Rogers et al., 564 U.S. 431 (2011), the U.S. Supreme Court addressed a critical...

Supreme Court Sets Stricter Requirements for Class Action Certification in Employment Discrimination Cases

Date: Jun 21, 2011

Supreme Court Sets Stricter Requirements for Class Action Certification in Employment Discrimination Cases Introduction The landmark case WAL-MART STORES, INC. v. DUKES (564 U.S. 338) addressed...

Bond v. United States: Enhancing Individual Standing in Federalism Challenges

Date: Jun 17, 2011

Bond v. United States: Enhancing Individual Standing in Federalism Challenges Introduction Bond v. United States (564 U.S. 211, 2011) is a landmark Supreme Court case that addresses the critical...

Prohibition on Lengthening Imprisonment for Rehabilitation Purposes: Tapia v. United States

Date: Jun 17, 2011

Prohibition on Lengthening Imprisonment for Rehabilitation Purposes: Tapia v. United States Introduction Alejandra Tapia, the petitioner, was convicted of smuggling unauthorized aliens into the...

J.D.B. v. North Carolina: Age as a Factor in Miranda Custody Analysis

Date: Jun 17, 2011

J.D.B. v. North Carolina: Age as a Factor in Miranda Custody Analysis Introduction In J.D.B. v. North Carolina (2011), the United States Supreme Court addressed a pivotal question concerning the...

Restricting Federal Oversight on State Court Class Certifications: Insights from Smith v. Bayer

Date: Jun 17, 2011

Restricting Federal Oversight on State Court Class Certifications: Insights from Smith v. Bayer Introduction Keith Smith, et al. v. Bayer Corporation, 564 U.S. 299 (2011), addressed the delicate...

Good Faith Exception to the Exclusionary Rule: Insights from Davis v. United States

Date: Jun 17, 2011

Good Faith Exception to the Exclusionary Rule: Insights from Davis v. United States Introduction In the landmark case Willie Gene Davis v. United States, 564 U.S. 229 (2011), the U.S. Supreme Court...

United States v. Jicarilla Apache Nation: Supreme Court Refutes Fiduciary Exception to Attorney-Client Privilege in Federal Indian Trusts

Date: Jun 14, 2011

United States v. Jicarilla Apache Nation: Supreme Court Refutes Fiduciary Exception to Attorney-Client Privilege in Federal Indian Trusts Introduction In United States v. Jicarilla Apache Nation, 564...

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U.S. Supreme Court Case Commentaries

Defining Causation Standards under FELA: CSX Transportation, Inc. v. Robert McBride

Bullcoming v. New Mexico: Strengthening the Confrontation Clause in Forensic Evidence

PLIVA, Inc. v. Mensing: Federal Preemption Shields Generic Drug Manufacturers from State Failure-to-Warn Liability

Freeman v. United States: Expanding Eligibility for Sentence Reduction Under §3582(c)(2)

Preemption of State Warning Labeling Requirements for Generic Drug Manufacturers

Bankruptcy Court's Authority over State Law Counterclaims Violates Article III

Heightened Judicial Scrutiny Applied to Content- and Speaker-Based Restrictions on Commercial Speech in Sorrell v. IMS Health Inc.

Public Concern Requirement for Petition Clause Retaliation Claims Established

Displacement of Federal Common Law by the Clean Air Act in AEP v. Connecticut

Due Process in Civil Contempt Proceedings: Turner v. Rogers Analysis

Supreme Court Sets Stricter Requirements for Class Action Certification in Employment Discrimination Cases

Bond v. United States: Enhancing Individual Standing in Federalism Challenges

Prohibition on Lengthening Imprisonment for Rehabilitation Purposes: Tapia v. United States

J.D.B. v. North Carolina: Age as a Factor in Miranda Custody Analysis

Restricting Federal Oversight on State Court Class Certifications: Insights from Smith v. Bayer

Good Faith Exception to the Exclusionary Rule: Insights from Davis v. United States

United States v. Jicarilla Apache Nation: Supreme Court Refutes Fiduciary Exception to Attorney-Client Privilege in Federal Indian Trusts

Clarifying Liability Under SEC Rule 10b-5: Janus Capital Group v. First Derivative Traders

Nevada Ethics in Government Law: Upholding Legislative Recusal Standards

Clear and Convincing Evidence Standard in Patent Invalidation: Microsoft v. I4I