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Supreme Court Brief

What Does Trump's Win Mean for The Supreme Court?

On one level, Trump's victory may offer some respite for the court.
5 minute read

National Law Journal

Supreme Court Hearing on Facebook's Alleged Nondisclosure Yields 'Freakish' Hypotheticals

Justice Samuel Alito Jr. hypothesized a manufacturing plant which warned that a future fire could pose a threat to its business. Would the business have to then disclose that such a fire had already occurred?
5 minute read

Supreme Court Brief

A Strikingly Non-Partisan Election Day Argument

If asked about alliances between Supreme Court justices, few would put the names Elena Kagan and Samuel Alito Jr. in the same sentence.
6 minute read

National Law Journal

Supreme Court Appears Hostile to Higher Burden for Employers in FLSA Cases

As they typically do on Election Day, the justices went about their business Tuesday by hearing oral arguments.
3 minute read

National Law Journal

End of an (Chevron) Era: DC Circuit Tackles Challenge to Fishing Monitor Rule, Again

Judges said the court could turn to the statute's legislative history and other avenues to uphold the regulation even with Chevron deference gone.
4 minute read

New York Law Journal

Avoiding the Bray Pitfall for Lapsed Appeals

This article discusses New York's Appellate Division "immediate appeals "as of right" to the Appellate Division from non-final (interlocutory) orders of the Supreme Court, about the only qualification being that the non-final order"
9 minute read

New York Law Journal

'A Regressive Institution': SDNY Judge Rakoff Delivers Pointed Remarks on SCOTUS in Recent Appearance

In a recent article and at his Oct. 23 speech at the New York City Bar Association, U.S. District Judge Jed Rakoff of the Southern District of New York portrayed the U.S. Supreme Court as a relatively "conservative" branch of government that has long stood athwart progressive legislation.
2 minute read

Supreme Court Brief

Election Day Just Another Tuesday at Nation's Top Court

Election Day will be a typical oral argument day, with two rather prosaic cases about Medicare reimbursement rates and the Fair Labor Standards Act on the justices' agenda.
6 minute read

National Law Journal

Justices Will Hear Appeal of Jamaican Who Says He'll Be Killed If Deported

Pierre Riley has insisted throughout the deportation process that he, if returned to his home country, would likely be killed by a former police officer now operating as a drug kingpin.
4 minute read

National Law Journal

High Court Seems Wary of Telecom's Appeal in Whistleblower's False Claims Act Victory

Wisconsin Bell argued reimbursement requests under the program are not "claims" for federal funds because the reimbursements are paid out of money collected from the industry.
5 minute read

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