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.
ATTORNEY FEES
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.
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
Published: May 13, 2013
Tags: bankruptcy discharge, breach of fiduciary duty, defalcation, trusts and estates
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
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.
FREEDOM OF INFORMATION ACT
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
Published: April 23, 2013
Tags: aggravated felony, deportation, Immigration and Nationality Act, U.S. Supreme Court
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
Published: April 17, 2013
Tags: blood draw, drunk driving, DWI, exigent circumstances, Fourth Amendment, search and seizure
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
Published: April 17, 2013
Tags: Alien Tort Statute, U.S. Supreme Court
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
Published: April 16, 2013
Tags: ERISA, reimbursement, U.S. Supreme Court, unjust enrichment
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
Published: April 16, 2013
Tags: collective action, fair labor standards act, FLSA, mootness, U.S. Supreme Court
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.
