By Marcia Coyle | September 13, 2017
Justice Elena Kagan recently told University of Wisconsin law students that arguing before the U.S. Supreme Court is "pretty much a nightmare" for lawyers, but not for the "repeat players" of the Supreme Court Bar who know what the justices like, and who know what they should and should not do.
By Cogan Schneier | September 12, 2017
Gibson lawyers filed an amicus brief with the U.S. Supreme Court Tuesday on behalf of the United States Conference of Catholic Bishops.
By William M. Pinzler | September 12, 2017
William M. Pinzler discusses "Masterpiece Cakeshop and Jack Phillips v. Colorado Civil Rights Commission and Craig and Mullins," a case the Supreme Court has granted certiorari which presents the question of whether applying Colorado's public accommodations law to compel a "cake artist" (a baker) to prepare a cake in honor of a customer's gay wedding violates his "sincerely held religious beliefs" about gay marriage and thus violates the Free Speech or Free Exercise clause of the First Amendment.
By Marcia Coyle | September 7, 2017
The Trump administration delivered a new blow to the gay and lesbian community on Thursday when the U.S. Justice Department sided against a same-sex couple in a major discrimination case at the U.S. Supreme Court. The Justice Department filed a brief backing a Colorado baker who refused to bake a cake for a gay couple. "Weddings are sacred rites in the religious realm and profoundly symbolic ceremonies in the secular one," Jeffrey Wall, the acting U.S. solicitor general, wrote in the amicus brief.
By Marcia Coyle | September 6, 2017
The law firm Reed Smith represents Mississippi lawyer Carlos Moore in a petition urging the U.S. Supreme Court to take up his challenge against the inclusion of the Confederate battle emblem in the state flag. Moore alleges the Mississippi state flag violates his equal protection rights.
By Anthony J. Franze and R. Reeves Anderson | September 6, 2017
Friends of the court filed fewer briefs—and the justices cited them less often—putting the brakes on the record-setting trend in amicus participation from the previous six terms, according to a study by Arnold & Porter Kaye Scholer attorneys Anthony Franze and R. Reeves Anderson.
By Thomas R. Newman and Steven J. Ahmuty Jr. | September 5, 2017
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss the U.S. Supreme Court's decision in 'Microsoft v. Baker', which resolved an important jurisdictional issue concerning class action procedure, holding that a federal court of appeals does not have jurisdiction under 28 U.S.C. §1291 to review an order denying class certification after the named plaintiffs voluntarily dismiss their individual claims with prejudice.
By Richard S. Zackin | September 4, 2017
New Jersey courts require a party moving to compel the arbitration of statutory claims to demonstrate the arbitration agreement clearly and unambiguously puts the claimant on notice that he or she is agreeing to arbitration and waiving the right to a judicial determination of the claim and to a jury trial.
By Marcia Coyle, Tony Mauro and Scott Graham | September 1, 2017
Eight U.S. Supreme Court cases to watch this term.
By Tony Mauro and Marcia Coyle | September 1, 2017
If last term was the relatively quiet "calm before the storm" for the U.S. Supreme Court, then get ready. The clouds are gathering.
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