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.
Published: May 20, 2013
Tags: U.S. Supreme Court
An untimely National Childhood Vaccine Injury Act petition may qualify for an award of attorney fees if it is filed in good faith and there is a reasonable basis for its claim.
U.S. Supreme Court. Sebelius v. Cloer, No. 12-236. May 20, 2013. Lawyers USA No. 993-3413.
Proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.
U.S. Supreme Court. Bullock v. BankChampaign, No. 11-1518. May 13, 2013. Lawyers USA No. 993-3995.
Published: May 13, 2013
Tags: U.S. Supreme Court
The Federal Aviation Administration Authorization Act of 1994 does not preempt state-law claims stemming from the storage and disposal of a towed vehicle.
U.S. Supreme Court. Dan’s City Used Cars, Inc. v. Pelkey, No. 12-52. May 13, 2013. Lawyers USA No. 993-3993.
Published: April 29, 2013
Virginia’s FOIA does not violate the Privileges and Immunities Clause, which protects only those privileges and immunities that are “fundamental.”
U.S. Supreme Court. McBurney v. Young, No. 09-1343. April 29, 2013. Lawyers USA No. 993-3961.
A state conviction based on the social sharing of a small amount of marijuana does not constitute an “aggravated felony” justifying deportation under the Immigration and Nationality Act.
U.S. Supreme Court. Moncrieffe v. Holder, No. 11-702. April 23, 2013. Lawyers USA No. 993-3954.
The mere fact that blood alcohol evidence dissipates over time does not by itself constitute an exigent circumstance justifying the warrantless blood draw of a drunk driving suspect.
U.S. Supreme Court. Missouri v. McNeely, No. 11-1425. April 17, 2013. Lawyers USA No. 993-3942.
The Alien Tort Statute does not allow federal courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States.
U.S. Supreme Court. Kiobel v. Royal Dutch Petroleum, No. 10-1491. April 17, 2013. Lawyers USA No. 993-3943.
A federal court could not apply equitable principles to rewrite contractual language in an ERISA plan it deemed unfair.
U.S. Supreme Court. US Airways v. McCutchen, No. 11-1285. April 16, 2013. Lawyers USA No. 993-3939.
An employer succeeded in mooting a wage-and-hour collective action by extending an offer of judgment to the lone named plaintiff.
U.S. Supreme Court. Genesis Healthcare v. Symczyk, No. 11-1059. April 16, 2013. Lawyers USA No. 993-3938.