Employee could pursue ADA claim despite Chapter 13 bankruptcy 
Published: May 21, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, CHAPTER 13, disability discrimination, standing
An employee did not lose standing to pursue a federal disability discrimination claim by filing for Chapter 13 bankruptcy, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Wage & hour suits hit record high, firm study finds
Published: May 21, 2013
Tags: fair labor standards act, FLSA, Seyfarth Shaw, wage and hour claims
Wage-and-hour lawsuits filed under the Fair Labor Standards Act have hit an all-time high, according to a new study of federal court caseloads.
Police needed warrant to search arrestee’s cellphone
Published: May 21, 2013
Tags: cellphone, Fourth Amendment, search and seizure, search incident to arrest
Police needed a warrant to search the contents of a cellphone seized from a defendant arrested for suspected drug dealing, the 1st U.S. Circuit Court of Appeals has ruled in reversing a conviction.
Court to clarify burden of proof in Medtronic ‘non-infringement’ action
Published: May 21, 2013
Tags: intellectual property, licensee, noninfringement, patents
The U.S. Supreme Court will decide whether a patentee bears the burden of proving infringement when its licensee brings a declaratory judgment action to establish non-infringement.
Court to rule on whether private employees get SOX retaliation shield
Published: May 20, 2013
Tags: employment, OSHA, Sarbanes-Oxley Act, U.S. Supreme Court
WASHINGTON – Next term the U.S. Supreme Court will decide whether an employee of a privately held contractor or subcontractor of a public company is covered under the whistleblower protections of the Sarbanes-Oxley Act.
Justices won’t let Mich. defendant reargue diminished capacity
By:
Pat Murphy
Published: May 20, 2013
Tags: Antiterrorism and Effective Death Penalty Act, diminished capacity, habeas corpus, U.S. Supreme Court
The U.S. Supreme Court has ruled that a Michigan murder defendant’s due process rights were not violated when a change in state law following his 1994 conviction prevented him from reasserting a diminished-capacity defense when he later won a new trial.
Justices to decide if co-tenant’s consent to search overrides prior objection
Published: May 20, 2013
Tags: consent search, Fourth Amendment, Georgia v. Randolph, search and seizure, U.S. Supreme Court
The U.S. Supreme Court has agreed to decide whether a tenant who previously objected to a warrantless search of an apartment must be personally present and objecting to prevent a search when police officers later ask a co-tenant for consent to search.
Florida compensation limit for birth injuries constitutional
Published: May 20, 2013
Tags: birth injury, equal protection, medical malpractice
A state tort reform law allowing only a single award of $100,000 to both parents of a child suffering from neurological birth injuries does not violate equal protection, the Florida Supreme Court has ruled in affirming judgment.
Beneficiary must arbitrate claims against trustee
Published: May 20, 2013
Tags: arbitration, wills and trusts
A trust beneficiary was bound by a trust arbitration provision when suing a trustee for misappropriation of assets, the Texas Supreme Court has ruled in reversing judgment.
Arbitration subject to state statute of limitations
Published: May 20, 2013
Tags: arbitration, statute of limitations
The state statute of limitations applied to bar arbitration claims brought by the clients of a financial services company, the Florida Supreme Court has ruled in reversing judgment.
