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Employee could pursue ADA claim despite Chapter 13 bankruptcy (access required)

Published: May 21, 2013

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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 (access required)

Published: May 21, 2013

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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 (access required)

Published: May 21, 2013

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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 (access required)

Published: May 21, 2013

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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 (access required)

Published: May 20, 2013

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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 (access required)

By: Pat Murphy
Published: May 20, 2013

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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 (access required)

Published: May 20, 2013

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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 (access required)

Published: May 20, 2013

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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 (access required)

Published: May 20, 2013

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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 (access required)

Published: May 20, 2013

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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.

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