WASHINGTON – This week’s Senate confirmation of Richard Cordray as director of the Consumer Financial Protection Bureau and the forward motion on the nominations to the National Labor Relations Board could ultimately lessen the blow of a potential U.S. Supreme Court decision invalidating the president’s recess appointments to those agencies.
WASHINGTON – Following two U.S. Supreme Court decisions that shut the door on state-law failure-to-warn and design-defect claims over generic drugs, the Food and Drug Administration is taking steps that could ultimately open a window for plaintiffs.
Now that the U.S. Supreme Court has ruled that the federal Defense of Marriage Act’s refusal to recognize state same-sex marriages was unconstitutional, employers are scrambling to figure out how far they have to go in changing their employee benefit and leave policies.
WASHINGTON – The U.S. Supreme Court’s decision barring state-law design-defect claims against generic drug makers that mirror failure-to-warn actions served a major setback to plaintiffs seeking damages for drug injuries.
WASHINGTON – It was a case that could have led to the constitutional condemnation of school affirmative action policies across the country.
But instead, the justices of the U.S. Supreme Court in Fisher v. University of Texas at Austin gave the lower court another crack at deciding whether the school’s policy passes constitutional muster — but not before offering a slightly tougher standard for the school to prove the need for considering race among school admission factors. Call it “no-other-way strict scrutiny.”
Published: June 27, 2013
Tags: antitrust, AT&T Mobility v. Concepcion, common law, consumer protection, effective vindication, Federal Arbitration Act, mandatory arbitration, U.S. Supreme Court
WASHINGTON – The chasm between civil defense attorneys who extol the virtues of mandatory arbitration agreements and members of the plaintiffs’ bar who say the pacts strip consumers of their right to redress was widened by the U.S. Supreme Court last week.
The U.S. Supreme Court has ruled that a New York fund manager could not be convicted of extortion under the Hobbs Act based on his attempt to compel an employee to recommend that his employer approve an investment.
A government agency’s demand for property from a land-use permit applicant must satisfy the U.S. Supreme Court’s requirement that there be a nexus and rough proportionality between the agency’s demand and the effects of the proposed land use, even when the agency’s demand is for money or it denies the
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Defense lawyers are touting the U.S. Supreme Court’s ruling this week on Title VII supervisor liability as a significant win for employers, providing a welcome clarification to the law while dealing a blow to the Equal Employment Opportunity Commission.
A defendant could not be convicted of extortion under the Hobbs Act based on his attempting to compel an employee to recommend that his employer approve an investment.