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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.

ATTORNEY FEES (access required)

Published: May 20, 2013

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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.

See “Court OKs attorney fees for untimely Vaccine Act claimants.”

U.S. Supreme Court. Sebelius v. Cloer, No. 12-236. May 20, 2013. Lawyers USA No. 993-3413.

 

BANKRUPTCY (access required)

Published: May 13, 2013

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Proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.

See “Court clarifies bankruptcy discharge standard for fiduciaries

U.S. Supreme Court. Bullock v. BankChampaign, No. 11-1518. May 13, 2013. Lawyers USA No. 993-3995.

 

FEDERAL PREEMPTION (access required)

Published: May 13, 2013

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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.

FREEDOM OF INFORMATION ACT (access required)

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.

 

IMMIGRATION (access required)

Published: April 23, 2013

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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.

See “Court rules minor drug crime doesn’t justify deportation

U.S. Supreme Court. Moncrieffe v. Holder, No. 11-702. April 23, 2013. Lawyers USA No. 993-3954.

DRUNKEN DRIVING (access required)

Published: April 17, 2013

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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.

See “High court rejects warrantless blood draw in DWI case

U.S. Supreme Court. Missouri v. McNeely, No. 11-1425. April 17, 2013. Lawyers USA No. 993-3942.

ALIEN TORT STATUTE (access required)

Published: April 17, 2013

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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.

ERISA (access required)

Published: April 16, 2013

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A federal court could not apply equitable principles to rewrite contractual language in an ERISA plan it deemed unfair.

See “Courts can’t rewrite contract language in ERISA plan

U.S. Supreme Court. US Airways v. McCutchen, No. 11-1285. April 16, 2013. Lawyers USA No. 993-3939.

 

FAIR LABOR STANDARDS ACT (access required)

Published: April 16, 2013

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An employer succeeded in mooting a wage-and-hour collective action by extending an offer of judgment to the lone named plaintiff.

See “Employer successfully mooted FLSA collective action

U.S. Supreme Court. Genesis Healthcare v. Symczyk, No. 11-1059. April 16, 2013. Lawyers USA No. 993-3938.

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