U.S. Supreme Court Case Commentaries

Enhanced Lodestar Method Established in Perdue v. Georgia: A Comprehensive Legal Commentary

Date: Apr 22, 2010

Enhanced Lodestar Method Established in Perdue v. Georgia: A Comprehensive Legal Commentary Introduction Perdue v. Georgia et al. is a landmark United States Supreme Court decision that addresses the...

United States v. Stevens: Striking Down §48 for Overbreadth under the First Amendment

Date: Apr 21, 2010

United States v. Stevens: Striking Down §48 for Overbreadth under the First Amendment Introduction United States v. Robert J. Stevens (559 U.S. 460, 2010) represents a pivotal Supreme Court decision...

Reaffirming Jury Determination of Proximate Cause and Duty of Care under the Federal Tort Claims Act: Lone Star Bakery v. United States

Date: Apr 10, 2010

Reaffirming Jury Determination of Proximate Cause and Duty of Care under the Federal Tort Claims Act: Lone Star Bakery v. United States Introduction In the landmark case of Lone Star Bakery, Inc. v....

Enhanced Duty to Assist in Veterans' Disability Claims: Thompson v. Shinseki

Date: Apr 10, 2010

Enhanced Duty to Assist in Veterans' Disability Claims: Thompson v. Shinseki Introduction In the landmark case of James B. Thompson v. Eric K. Shinseki, Secretary of Veterans Affairs, adjudicated by...

Effective Assistance of Counsel in Deportation Cases: Insights from Padilla v. Kentucky

Date: Apr 1, 2010

Effective Assistance of Counsel in Deportation Cases: Insights from Padilla v. Kentucky Introduction Jose Padilla, a lawful permanent resident of the United States for over four decades, faced...

Federal Rule 23 Preempts State Prohibition on Class Actions Seeking Statutory Damages

Date: Apr 1, 2010

Federal Rule 23 Preempts State Prohibition on Class Actions Seeking Statutory Damages Introduction In the landmark case of Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., the U.S....

SMITH v. BERGHUIS: Upholding the Fair Cross-Section Requirement in Jury Selection

Date: Mar 31, 2010

SMITH v. BERGHUIS: Upholding the Fair Cross-Section Requirement in Jury Selection Introduction SMITH v. BERGHUIS, 559 U.S. 314 (2010) addresses the critical issue of jury composition under the Sixth...

Broadening the Scope of the Public Disclosure Bar Under the False Claims Act

Date: Mar 31, 2010

Broadening the Scope of the Public Disclosure Bar Under the False Claims Act Introduction The case of Graham County Soil and Water Conservation District et al. v. United States ex rel. Karen T....

Affirmation of the Gartenberg Standard: Defining Fiduciary Duty under §36(b) of the Investment Company Act

Date: Mar 31, 2010

Affirmation of the Gartenberg Standard: Defining Fiduciary Duty under §36(b) of the Investment Company Act Introduction JERRY N. JONES, ET AL., PETITIONERS v. HARRIS ASSOCIATES L. P., 559 U.S. 335...

Limitations on Rule 60(b)(4) Relief in Student Loan Discharge: Analysis of United Student Aid Funds, Inc. v. Espinosa

Date: Mar 24, 2010

Limitations on Rule 60(b)(4) Relief in Student Loan Discharge: Analysis of United Student Aid Funds, Inc. v. Espinosa Introduction United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010), is...

Ninth Circuit Upholds School's Ban on Religious Music in Limited Public Forum: Implications for Student Free Speech

Date: Mar 23, 2010

Ninth Circuit Upholds School's Ban on Religious Music in Limited Public Forum: Implications for Student Free Speech Introduction The case of Kathryn Nurre v. Carol Whitehead addresses the delicate...

Seventh Amendment Constraints on Partial Retrials and Rigorous Daubert Analysis in Expert Testimony: Insights from Wyeth LLC v. Donna Scroggin

Date: Mar 17, 2010

Seventh Amendment Constraints on Partial Retrials and Rigorous Daubert Analysis in Expert Testimony: Insights from Wyeth LLC v. Donna Scroggin Introduction Wyeth LLC, ET AL., Petitioners v. Donna...

Attorneys Recognized as Debt Relief Agencies under BAPCPA: Supreme Court Upholds Regulatory Provisions

Date: Mar 9, 2010

Attorneys Recognized as Debt Relief Agencies under BAPCPA: Supreme Court Upholds Regulatory Provisions Introduction In the landmark case of Milavetz, Gallop & Milavetz, P.A., et al. v. United States,...

Exclusion of Pretrial Motion Preparation Time Limited Under the Speedy Trial Act: BLOATE v. UNITED STATES

Date: Mar 9, 2010

Exclusion of Pretrial Motion Preparation Time Limited Under the Speedy Trial Act: BLOATE v. UNITED STATES Introduction In the landmark case of Taylor James BLOATE, Petitioner, v. UNITED STATES,...

Milavetz v. United States: Defining and Regulating Debt Relief Agencies

Date: Mar 9, 2010

Milavetz v. United States: Defining and Regulating Debt Relief Agencies Introduction Milavetz v. United States, 130 S.Ct. 1324 (2010), is a pivotal Supreme Court case that addresses the scope and...

ERISA Preemption and the Right to a Jury Trial: Insights from Graham v. Metropolitan Life Insurance Company

Date: Mar 5, 2010

ERISA Preemption and the Right to a Jury Trial: Insights from Graham v. Metropolitan Life Insurance Company Introduction Graham v. Metropolitan Life Insurance Company is a landmark case adjudicated...

Supreme Court Clarifies Constructive Termination and Nonrenewal Standards under the Petroleum Marketing Practices Act

Date: Mar 3, 2010

Supreme Court Clarifies Constructive Termination and Nonrenewal Standards under the Petroleum Marketing Practices Act 1. Introduction In the landmark case of Mac's Shell Service, Inc., et al. v....

Johnson v. United States: Redefining "Physical Force" Under the Armed Career Criminal Act

Date: Mar 3, 2010

Johnson v. United States: Redefining "Physical Force" Under the Armed Career Criminal Act Introduction Curtis Darnell Johnson v. United States, 559 U.S. 133 (2010), is a landmark Supreme Court...

Non-Jurisdictional Nature of Copyright Registration: Reed Elsevier, Inc. v. Muchnick et al.

Date: Mar 3, 2010

Non-Jurisdictional Nature of Copyright Registration: Reed Elsevier, Inc. v. Muchnick et al. Introduction Reed Elsevier, Inc., et al. v. Muchnick et al., 559 U.S. 154 (2010), is a landmark decision by...

Maryland v. Shatzer: Establishing the 14-Day Break in Custody Limit for Edwards Presumption

Date: Feb 25, 2010

Maryland v. Shatzer: Establishing the 14-Day Break in Custody Limit for Edwards Presumption Introduction Maryland v. Michael Blaine Shatzer, Sr. (559 U.S. 98, 2010) is a landmark decision by the...