U.S. Supreme Court

Credit Ruling Could Benefit Retailers

A decision by the U.S. Supreme Court yesterday favoring two insurers on an interpretation of the Fair Credit Reporting Act could help businesses in related lawsuits. The court ruled in favor of Geico General Insurance Co. and Safeco Corp., saying they can’t be liable for violating the law without a…

Jun 5, 2007 3:09 PM CDT

Kennedy Overturns Former Clerk

Justice Anthony M. Kennedy overturned his former law clerk in a decision yesterday saying that state courts are in the best position to make decisions on potential jurors. Kennedy wrote for the majority in a 5-4 ruling that said federal courts should defer to a state judge’s judgment that the…

Jun 5, 2007 12:51 PM CDT

The High Court’s Danish Prince

Whether to be or not to be a liberal or conservative majority, Kennedy decides

Jun 5, 2007 8:55 AM CDT

An Outside Shot at Securities Fraud

It’s too late for Enron defendants, as plaintiffs pursue ‘scheme liability’

Jun 5, 2007 8:50 AM CDT

Breyer Flunks School of Rock

It had all the makings of a Cinderella story for the legal profession: a second year law student, his favorite radio quiz show and a U.S. Supreme Court justice playing on the aspiring young lawyer’s behalf. But this fairy tale proved fleeting for University of Missouri Kansas City law student…

Jun 5, 2007 7:27 AM CDT

6th Circuit Axes Late-Term Abortion Ban; Fallout over Supreme Court Decision

A Michigan law banning late-term abortions is unconstitutional because it is overly broad and “unduly burdens” a woman’s right to an abortion, the 6th U.S. Circuit Court of Appeals decided today. This is the third time that a Michigan law targeting so-called partial birth late-term abortions has been struck down,…

Jun 5, 2007 1:37 AM CDT

SEC Backs Third-Party Liability

The Securities and Exchange Commission will side with investors seeking to hold third-party bankers liable for helping boost the stock price of a failing company. The SEC has asked the solicitor general to file papers supporting its position in Stoneridge Investment Partners v. Scientific-Atlanta Inc., the Washington Post reports. Investors…

Jun 4, 2007 7:29 PM CDT

‘Empty-handed’ Plaintiff Can’t Win Fees

The U.S. Supreme Court has ruled that a party that loses a civil rights case on the merits cannot recover attorney fees, even if it wins a preliminary injunction in the case. The unanimous opinion was written by Justice Ruth Bader Ginsburg, SCOTUSblog reports. “A plaintiff who achieves a transient…

Jun 4, 2007 6:40 PM CDT

Kennedy Deciding Death Penalty Vote

The U.S. Supreme Court has reinstated the death sentence of a man who argued a potential juror who expressed misgivings about capital punishment should not have been excluded. The court ruled 5-4 the state court judge was in a superior position to decide whether to seat the juror, and federal…

Jun 4, 2007 6:21 PM CDT

Supreme Court Rules for Insurers

The U.S. Supreme Court has ruled that insurance companies can’t be held liable for violating the Fair Credit Reporting Act without a showing they had a reckless disregard of their duties to customers. The ruling found that neither Geico General Insurance Co. nor Safeco Corp. were liable under the reckless…

Jun 4, 2007 6:08 PM CDT

Alito Teaches Constitutional Lesson

The U.S. Constitution can provide some simple lessons about life, Supreme Court Justice Samuel A. Alito Jr. told college graduates on Saturday. Speaking to graduates of St. Mary’s College in South Bend, Ind., Alito said the Constitution is relatively short at about 4,500 words, the South Bend Tribune reports. It…

Jun 4, 2007 5:11 PM CDT

Peremptories Re-Examined

A black death-row inmate is asking the U.S. Supreme Court to hear his challenge to a prosecutor’s use of peremptory challenges to help keep blacks off his jury. In his Sidebar column for the New York Times (sub. req.), Adam Liptak writes about Allen Snyder, sentenced to death for killing…

Jun 4, 2007 4:48 PM CDT

Ginsburg Removes the White Gloves

Justices read dissents from the bench in only a handful of cases each year. But Justice Ruth Bader Ginsburg has done it twice this term, reading forceful dissents in decisions on abortion and pay discrimination. The collegial Ginsburg has gone years without delivering an oral dissent, the New York Times…

May 31, 2007 2:37 PM CDT

Pay-Bias Ruling Good News for Corporations

Business groups are applauding yesterday’s Supreme Court ruling that makes it easier for employers to defend pay discrimination suits brought under Title VII of the Civil Rights Act. The court held that the 180-day limit for filing a complaint with the Equal Opportunity Employment Commission under Title VII begins running…

May 30, 2007 1:23 PM CDT

Equal Pay Case Fails Before High Court

The U.S. Supreme Court has limited workers’ ability to sue for equal pay violations in a 5-4 decision interpreting the statute of limitations. The court held today that the time for filing a pay discrimination complaint begins running with the original salary decision and there is not a new violation…

May 29, 2007 4:10 PM CDT