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New York Law Journal

Circuit Gets a Chance to Redefine Its Insider Trading View in Martoma Case

The Second Circuit heard oral arguments earlier this month in a major insider trading case following the U.S. Supreme Court's ruling in 'Salman v. United States' last year.
19 minute read

National Law Journal

SCOTUS Justices Used to Explain Recusals. What Changed?

There's a new twist to the court's tradition of keeping mum on the reasons for recusals: it was not always that way.
10 minute read

National Law Journal

SCOTUS Justices Used to Explain Recusals. What Changed?

There's a new twist to the court's tradition of keeping mum on the reasons for recusals: it was not always that way.
10 minute read

New York Law Journal

Federal FHA Actions: Municipalities, Transgender Persons, Same-Sex Couples

Robert L. Schonfeld writes: One generally does not think of municipalities, who are often sued under the Federal Fair Housing Act, as being plaintiffs in actions under that statute. Similarly, as the FHA does not prohibit discrimination on the basis of sexual orientation, one does not think of transgender persons and same-sex couples successfully bringing actions under that law. However, in two recent decisions, courts have held that municipalities, transgender persons and same-sex couples can bring viable claims under the FHA.
11 minute read

New York Law Journal

Reading Tea Leaves: Justice Gorsuch and Criminal Tax Cases

Tax Litigation Issues columnist Jeremy H. Temkin writes: The legal commentariat seems to have settled on the view that Justice Neil Gorsuch will fill the seat left by the late Justice Antonin Scalia both literally and as a like-minded successor in jurisprudential spirit. But will Justice Gorsuch, acolyte of originalism, defy easy assumptions on issues of criminal law as Justice Scalia did? A 2008 decision offers a few clues while posing some interesting issues for tax prosecutions.
17 minute read

Daily Business Review

Supreme Court Backs Bids to Collect Outdated Debt in Bankruptcy

A divided U.S. Supreme Court ruled that debt collectors can use bankruptcy proceedings to try to collect liabilities that are so old the statute of limitations has expired.
6 minute read

Supreme Court Brief

David Stras: Trump Judicial Nominee and SCOTUS Reformer

David Stras once wrote that U.S. Supreme Court justices should not have term limits. Instead, he said they should be incentivized to leave when they get old, through "golden parachute" pensions and a heavier workload, including being forced to hear cases around the country by "riding the circuits." Stras, 42, an associate justice of the Minnesota Supreme Court, may be able to continue his scholarly scrutiny from the inside. President Donald Trump this month announced plans to nominate Stras to the U.S. Court of Appeals for the Eighth Circuit.
9 minute read

Supreme Court Brief

David Stras: Trump Judicial Nominee and SCOTUS Reformer

David Stras once wrote that U.S. Supreme Court justices should not have term limits. Instead, he said they should be incentivized to leave when they get old, through "golden parachute" pensions and a heavier workload, including being forced to hear cases around the country by "riding the circuits." Stras, 42, an associate justice of the Minnesota Supreme Court, may be able to continue his scholarly scrutiny from the inside. President Donald Trump this month announced plans to nominate Stras to the U.S. Court of Appeals for the Eighth Circuit.
5 minute read

National Law Journal

SCOTUS to States: Keep Out of Arbitration Agreements

The 7-1 ruling could have broader ramifications for the nursing home industry in particular and businesses in general when it comes to the Federal Arbitration Act.
10 minute read

National Law Journal

SCOTUS to States: Keep Out of Arbitration Agreements

The 7-1 ruling could have broader ramifications for the nursing home industry in particular and businesses in general when it comes to the Federal Arbitration Act.
4 minute read

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