U.S. Supreme Court Case Commentaries

Supreme Court Clarifies Firearm Type as an Element of Offense Under 18 U.S.C. § 924(c)

Date: May 25, 2010

Supreme Court Clarifies Firearm Type as an Element of Offense Under 18 U.S.C. § 924(c) Introduction In the landmark case of United States v. Martin O'Brien and Arthur Burgess, the United States...

HARDT v. RELIANCE Standard Life Insurance Co.: Expanding Access to Attorney's Fees under ERISA

Date: May 25, 2010

HARDT v. RELIANCE Standard Life Insurance Co.: Expanding Access to Attorney's Fees under ERISA Introduction Bridget Hardt, an executive assistant at Dan River, Inc., filed a lawsuit against Reliance...

Mandating Comprehensive Consideration of §2254(d) Exceptions in Federal Habeas Review: Insights from Jefferson v. Upington

Date: May 25, 2010

Mandating Comprehensive Consideration of §2254(d) Exceptions in Federal Habeas Review: Insights from Jefferson v. Upington Introduction Lawrence Joseph Jefferson v. Stephen Upington, Warden, 560 U.S....

American Needle v. NFL: Defining Concerted Action Under the Sherman Act

Date: May 25, 2010

American Needle, Inc. v. National Football League: Defining Concerted Action Under the Sherman Act Introduction American Needle, Inc. v. National Football League et al. is a landmark 2010 U.S....

Lewis v. City of Chicago: Establishing Timely Disparate-Impact Claims on Continued Employer Practices

Date: May 25, 2010

Lewis v. City of Chicago: Establishing Timely Disparate-Impact Claims on Continued Employer Practices Introduction Lewis et al. v. City of Chicago, Illinois, 560 U.S. 205 (2010) is a landmark...

Unconstitutional Application of C.G.S. Sec. 20-7f(b) in Medical Fee Disputes

Date: May 19, 2010

Unconstitutional Application of C.G.S. Sec. 20-7f(b) in Medical Fee Disputes Introduction The case of Charles D. Gianetti, M.D. v. Anthem Blue Cross and Blue Shield of Connecticut and Cynthia Bellamy...

Congressional Authority Under the Necessary and Proper Clause Affirmed in United States v. Comstock

Date: May 18, 2010

Congressional Authority Under the Necessary and Proper Clause Affirmed in United States v. Comstock Introduction United States v. Grayson Earl COMSTOCK, Jr., et al., 560 U.S. 126 (2010), is a...

Recognition of Ne Exeat Rights as Custodial Rights under the Hague Convention

Date: May 18, 2010

Recognition of Ne Exeat Rights as Custodial Rights under the Hague Convention Introduction In the landmark case of Timothy Mark Cameron Abbott v. Jacquelyn Vaye Abbott, decided by the U.S. Supreme...

Prohibiting Life Without Parole for Juvenile Non-Homicide Offenders under the Eighth Amendment

Date: May 18, 2010

Prohibiting Life Without Parole for Juvenile Non-Homicide Offenders under the Eighth Amendment Introduction Terrance Jamar Graham v. Florida is a landmark decision by the United States Supreme Court...

Supreme Court Clarifies Pleading Standards for Securities Act §11 Claims under Federal Rule of Civil Procedure 9(b)

Date: May 15, 2010

Supreme Court Clarifies Pleading Standards for Securities Act §11 Claims under Federal Rule of Civil Procedure 9(b) Introduction The United States Supreme Court addressed significant procedural...

Preemption of State Law Claims Under Section 301 of the Labor Management Relations Act: Analysis of NFL v. Williams

Date: May 14, 2010

Preemption of State Law Claims Under Section 301 of the Labor Management Relations Act: Analysis of NFL v. Williams Introduction The case of The National Football League (NFL) v. Kevin Williams and...

FDA's Mandatory Exhaustion Rule for Drug Approval Challenged: A New Precedent

Date: May 5, 2010

FDA's Mandatory Exhaustion Rule for Drug Approval Challenged: A New Precedent Introduction The case of Association of American Physicians Surgeons, Inc., et al., v. Food Drug Admin., et al. presented...

Exclusivity of the Federal Tort Claims Act: Supreme Court Rules §233(a) Bars Bivens Actions Against PHS Personnel

Date: May 4, 2010

Exclusivity of the Federal Tort Claims Act: Supreme Court Rules §233(a) Bars Bivens Actions Against PHS Personnel Introduction The Supreme Court case Esther Hui et al. v. Yanira Castaneda represents...

Supreme Court Affirms AEDPA Deference in Double Jeopardy Mistrial Case

Date: May 4, 2010

Supreme Court Affirms AEDPA Deference in Double Jeopardy Mistrial Case Introduction Paul RENICO, Warden, Petitioner, v. Reginald LETT. is a significant case decided by the U.S. Supreme Court on May...

Due Process in Post-Trial Damages: O'Toole v. Northrop Grumman Establishes New Standards

Date: May 1, 2010

Due Process in Post-Trial Damages: O'Toole v. Northrop Grumman Establishes New Standards Introduction Joseph A. O'TOOLE v. NORTHROP GRUMMAN CORPoration is a landmark case decided by the United States...

Deductibility of Applicable Dividends under §404(k): Supreme Court Clarifies Conflict in ESOP Deductions

Date: May 1, 2010

Deductibility of Applicable Dividends under §404(k): Supreme Court Clarifies Conflict in ESOP Deductions Introduction In the landmark case of Nestlé Purina Petcare Company v. Commissioner of Internal...

Resolving Establishment Clause Conflicts Through Legislative Land Transfers: Salazar v. Buono

Date: Apr 29, 2010

Resolving Establishment Clause Conflicts Through Legislative Land Transfers: Salazar v. Buono Introduction Salazar v. Buono (559 U.S. 700) is a pivotal United States Supreme Court case that addresses...

Affirming Public Disclosure of Referendum Petition Signatures under Washington PRA: John Doe v. Washington Secretary of State

Date: Apr 29, 2010

Affirming Public Disclosure of Referendum Petition Signatures under Washington PRA: John Doe v. Washington Secretary of State Introduction In the landmark case of John Doe #1, et al., Petitioners, v....

Merck & Co., Inc. v. Reynolds: Defining 'Discovery' in Securities Fraud Statute of Limitations

Date: Apr 28, 2010

Merck & Co., Inc. v. Reynolds: Defining 'Discovery' in Securities Fraud Statute of Limitations Introduction In Merck & Co., Inc. v. Richard Reynolds et al., 559 U.S. 633 (2010), the United States...

STOLT-NIELSEN v. ANIMALFEEDS: Affirming the Necessity of Explicit Agreement for Class Arbitration under the FAA

Date: Apr 28, 2010

STOLT-NIELSEN v. ANIMALFEEDS: Affirming the Necessity of Explicit Agreement for Class Arbitration under the Federal Arbitration Act Introduction Stolt-Nielsen S.A. et al. v. AnimalFeeds International...

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