November 01, 2023 | The Legal Intelligencer
US Supreme Court Questions Standing for ADA ClaimsThe U.S. Supreme Court agreed to review Acheson Hotels v. Laufer to clarify the requirements of Article III standing for claims brought under the Americans with Disability Act. At oral argument on Oct. 4, however, the issue of mootness took center stage and may deprive litigants of an answer on the ADA-standing question.
By Stephen A. Miller and Leigh Ann Benson
6 minute read
December 01, 2022 | The Legal Intelligencer
High Court Addresses Relief for Prisoners Following Clarifications of Statutory LawsIn 'Jones v. Hendrix', the U.S. Supreme Court will determine if a federal inmate is permitted to petition for habeas corpus relief after the law he was convicted of violating changes, and those changes apply retroactively.
By Stephen A. Miller and Leigh Ann Benson
5 minute read
April 14, 2022 | The Legal Intelligencer
The Opioid Epidemic Reaches the US Supreme CourtIn Ruan v. United States, the U.S. Supreme Court will decide whether a jury should consider a doctor's subjective intent when assessing a potential violation of the Controlled Substances Act.
By Stephen A. Miller and Leigh Ann Benson
4 minute read
November 04, 2021 | The Legal Intelligencer
US Supreme Court Considers Reinstating Death Sentence in Terrorism CaseLast summer, an appellate court vacated that death sentence. The U.S. Supreme Court considered the propriety of the death sentence at oral argument on Oct. 13.
By Stephen A. Miller and Leigh Ann Benson
5 minute read
January 06, 2021 | The Legal Intelligencer
High Court Considers Retroactive Application of Unanimous Jury RulingEarlier this year, only two states still permitted nonunanimous jury convictions—Louisiana and Oregon. The U.S. Supreme Court's Ramos v. Louisiana decision in April 2020 held that unanimity is required under the Sixth Amendment.
By Stephen A. Miller and Leigh Ann Benson
5 minute read
December 05, 2019 | The Legal Intelligencer
US Supreme Court Considers 'Defense Preclusion' in Trademark DisputeTwo competing apparel companies find themselves before the U.S. Supreme Court after an 18-year trademark dispute. They are asking the court to consider the scope of the doctrine of res judicata, which precludes re-litigation of issues and claims that were, or could have been, litigated in a prior case.
By Stephen A. Miller and Leigh Ann Benson
5 minute read
November 05, 2019 | The Legal Intelligencer
Supreme Court Addresses Whether Criminal Verdicts Must Be UnanimousThe difficulty of convincing 12 jurors to agree unanimously on the overwhelming weight of evidence—or the lack thereof—is substantial. But that unanimity in criminal juries is not required in all courtrooms in America; some state courts recognize criminal convictions when the jury is not unanimous.
By Stephen A. Miller and Leigh Ann Benson
7 minute read
May 02, 2019 | The Legal Intelligencer
Supreme Court Considers Greatest Judicial Power Grab Since 'Marbury v. Madison'The U.S. Supreme Court is considering whether to limit the power of administrative agencies. 'Kisor v. Wilkie,' which was argued last month, is a head-on challenge to the deference afforded to an agency when interpreting its own regulations.
By Stephen A. Miller and Leigh Ann Benson
5 minute read
January 09, 2019 | The Legal Intelligencer
US Supreme Court Considers Scope of the Double Jeopardy ClauseThe Supreme Court is currently re-considering the separate sovereigns exception to the Fifth Amendment's Double Jeopardy Clause. This doctrine, which has existed for nearly 200 years, allows a state government to bring charges for conduct that has already been the subject of federal prosecution (and vice versa).
By Stephen A. Miller and Leigh Ann Benson
5 minute read
November 08, 2018 | The Legal Intelligencer
US Supreme Court Considers Asbestos Actions Under Maritime LawThe Supreme Court is considering a consolidated action presenting questions of liability for asbestos injuries caused by bare-metal products.
By Stephen A. Miller and Leigh Ann Benson
5 minute read
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