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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.
3 minute read
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.
3 minute read
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.
3 minute read
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.
4 minute read
By David E. Schwartz and Emily D. Safko | June 17, 2024
This column discusses three recent U.S. Supreme Court rulings that impact an employee's ability to challenge their employer's actions and an employer's ability to compel arbitration.
8 minute read
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.
3 minute read
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.
4 minute read
By Steve Lash | June 14, 2024
In its 6-3 decision, the high court rejected the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives' argument that bump stocks are analogous to machine guns, which have been outlawed in the United States since the 1934.
3 minute read
By Jimmy Hoover | June 13, 2024
Judges should be "very, very careful" about using historical evidence in constitutional adjudication," Justice Amy Coney Barrett has said, adding that citations to favorable historical practices can be like "looking over a crowd and picking out your friends."
5 minute read
By Jimmy Hoover | June 13, 2024
Judges should be "very, very careful" about using historical evidence in constitutional adjudication," Justice Amy Coney Barrett has said, adding that citations to favorable historical practices can be like "looking over a crowd and picking out your friends."
5 minute read
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