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Justices ponder if RESPA bars non-kickback mortgage fee

When a mortgage fee is just a fee and not a kickback to a third party, is it barred by federal law? That was the question before the justices of the U.S. Supreme Court on Tuesday.

The case involves a class action alleging the claimants were charged “loan discount” fees but given no discounts, in violation of the Real Estate Settlement Procedures Act.


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Prisoner’s interrogation didn’t violate ‘Miranda’

A prisoner was not “in custody” for Miranda purposes when he was isolated from the general prison population and questioned about conduct that occurred outside the prison because he was informed he could leave when he wanted, was not physically restrained and the door to the room was sometimes open, the U.S. Supreme Court has ruled.

Other stories

Supreme Court to revisit diversity in college admissions

Nursing home arbitration clauses may be enforceable

Interpreting who pays the cost of translators

Immigrants can be deported for filing false tax return

Supreme Court’s GPS ruling to get first test

Justices’ GPS ruling breaks new ground on privacy rights


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5

The number of Supreme Court justices who attended the president’s State of the Union Address Tuesday night. Justice Sonia Sotomayor was at an event in Guam, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito have publicly expressed discomfort with attending an event with such a politicized atmosphere.

Click here to read past notable numbers.


“Originalism has something of a bad name … almost like a weird affliction, like you’ve acquired a taste for human flesh.”

- Justice Antonin Scalia, speaking about constitutional interpretation to members of the Washington Metro Area Corporate Counsel Association, according to the Washington Post.

Click here to read past quotations.


The Funniest Justice

Week 8: The great laugh of China

During oral arguments Wednesday in the immigration case Holder v. Gutierrez, Justice Stephen Breyer hypothesized about a legal permanent resident whose non-resident infant child would have to be deported back to their country of origin.

Justice Antonin Scalia interjected.

Here are the standings after eight weeks.

Click here to see previous tallies.


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FEATURED PODCAST

Baby Boomer lawyers and retirement

Nelson Schwartz from The New York Times recently wrote an article titled, "Easing Out the Gray-Haired. Or Not.," spotlighting the fate of the Baby Boomer generation within law firms. Attorney and co-host Bob Ambrogi welcomes Attorney Valerie C. Samuels, a partner in the firm Posternak Blankstein & Lund LLP and co-chair of the Employment Law Group, and Attorney Roy Ginsburg, to take a look at this generation of baby boomers within law firms, retirement, their fate within the firm, options upon retirement and what this means for law firms: big, small and solo.

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