By Jimmy Hoover | June 21, 2024
"When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed," Chief Justice John Roberts Jr. wrote for the 8-1 majority. Justice Clarence Thomas was alone in dissent.
By Jimmy Hoover | June 20, 2024
Supreme Court precedent holds probable cause generally defeats a First Amendment claim for retaliatory arrest. But an exception exists when evidence shows "similarly situated" individuals would be treated differently by police.
By Jimmy Hoover | June 20, 2024
In its 6-3 ruling, the Supreme Court rejected the argument that such testimony violated Federal Rule of Evidence 704(b), which prohibits experts from testifying about a defendant's mental state when such knowledge is an element of the crime.
By Jimmy Hoover | June 20, 2024
A lower court had held that a malicious prosecution could not be brought because police had obtained probable cause for two of the three criminal charges against the plaintiff.
By Jimmy Hoover | June 20, 2024
In their 7-2 decision, the justices rejected arguments that the Mandatory Repatriation Tax violates the Constitution's Apportionment Clause, which requires "direct" taxes be divvied up among the states based on population.
By Jimmy Hoover | June 17, 2024
When the case is heard next term, the justices will consider whether employers must prove by a "preponderance of the evidence" or instead by "clear and convincing evidence" that one of FLSA's listed exemptions precludes the lawsuit from going forward.
By Jimmy Hoover | June 17, 2024
The defendants say wire fraud statutes only apply to cases where someone has used fraud to inflict economic harm, not to cases where the scheme did not actually cost the government money.
By Jimmy Hoover | June 17, 2024
The legal question in the case deals with the pleading standard plaintiffs must meet under the 1995 Private Securities Litigation Reform Act, which was enacted to deter frivolous securities lawsuits.
By Steve Lash | June 14, 2024
Justice Samuel Alito Jr., writing for the slimmest of majorities, stated that the subsequent notice was statutorily sufficient and the deportees were validly ordered deported in absentia.
By Steve Lash | June 14, 2024
Equality of fees going forward "comports with congressional intent, corrects the constitutional wrong, and complies with due process," Justice Ketanji Brown Jackson wrote for the majority.
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