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Kagan chosen to be Obama’s solicitor general
WASHINGTON – Ending months of speculation, President-elect Barack Obama has selected Harvard Law School Dean Elena Kagan to be his administration’s top advocate before the U.S. Supreme Court.
The move, if approved by lawmakers, would make Kagan the first female confirmed as solicitor general.
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January 5, 2009
Door opens for 'light' cigarette claims
WASHINGTON – The U.S. Supreme Court’s ruling in December that state law claims over tobacco companies’ deceptive marketing of “light” or “low tar” cigarettes are not preempted by federal law has revived dozens of lawsuits seeking billions of dollars from cigarette makers.
But legal experts disagree on what lasting effect the decision may have on tobacco litigation overall, and on the much-debated topic of federal preemption.
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December 15, 2008
No preemption of ‘light’ cigarette claims
WASHINGTON – In a decision that allows claims by smokers seeking billions of dollars in damages from tobacco companies to proceed, the U.S. Supreme Court ruled Monday that state law claims that tobacco companies deceptively market “light” or “low tar” cigarettes are not preempted by federal law.
The 5-4 decision in Altria Group v. Good stems from a lawsuit filed under the Maine Unfair Trade Practices Act by Maine smokers of Marlboro Lights and Cambridge Lights cigarettes.
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December 11, 2008
High court mulls pregnancy leave pension credit
Does a federal law that gives workers the right to take pregnancy leave require employers to take into account pregnancy-related time off taken before the law’s enactment in calculating pension benefits?
The U.S. Supreme Court will answer this question after hearing oral arguments Wednesday in a case that could affect the pension calculations of thousands of American women. The case stems from a suit filed by AT&T employees claiming that the company violated Title VII by failing to include time taken off for pregnancy leave in their pension calculations.
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December 9, 2008
Justices mull car passenger searches
The U.S. Supreme Court seems primed to hand down a ruling giving the police some authority to pat down car passengers during traffic stops without running afoul of the Fourth Amendment.
The case stems from a 2002 incident in which police stopped a car for a minor insurance infraction.
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December 8, 2008
Is direct evidence of bias needed for mixed-motive instruction?
The U.S. Supreme Court has agreed to decide whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive jury instruction in a non-Title VII case.
The plaintiff filed suit under the Age Discrimination in Employment Act, alleging that his employer demoted him because of his age.
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December 4, 2008
Tobacco company tries, tries again to cut punitive award
WASHINGTON – Philip Morris is hoping the third time is a charm.
Yesterday the tobacco company’s attorney was before the Supreme Court for a third time in Phillip Morris USA v. Williams, this time asking the Court to throw out the verdict – originally handed down in 1999 – and grant a new trial.
