2011 - 2012 Supreme Court Term (Litigator Series)


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Supreme Court in The Legal Intelligencer. Miller and Kathryn Young Galla discuss a case in which the U.

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Supreme Court is grappling with the issue of racial bias in the decision-making of a criminal trial jury. Stephen Miller and Nicholas Karwacki discuss the scope of the First Amendment protection of public employees in the Legal Intelligencer. Stephen Miller and Stephen Kempa co-wrote this article discussing the extraterritorial application of U. Supreme Court will return to this term. Robins, an appeal from the U. Stephen Miller and Arthur Fritzinger discuss Obergefell v.

Hodges, which the Supreme Court will decide later this month. Must the employer have actual knowledge that the applicant or employee requires a religious accommodation, or does a hunch suffice? And must that knowledge come from direct, explicit notice from the applicant or employee, or can it come from some other source? The justices will try to answer these questions in Equal Employment Opportunity Commission v.

The question whether those young witnesses must testify about their abuse in court, therefore, has great practical and constitutional importance. Town of Gilbert, in which the U. Supreme Court has an opportunity to overhaul its First Amendment jurisprudence. Good News is a relatively small congregation in Gilbert that meets weekly for fellowship and worship.

The church views its signs as ideological while the town considers them to be directional — a distinction that has significant practical effects.


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Although it seems likely Gilbert's ordinance will be struck down, the more interesting question is whether five Justices will unite around a far-reaching opinion that revamps the court's First Amendment jurisprudence. United Parcel Services, in which the U. Supreme Court will decide the appropriate standard to apply in determining whether an employer has violated the Pregnancy Discrimination Act.

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More specifically, the court will determine under what circumstances pregnant employees are entitled to work accommodations that are provided to their non-pregnant coworkers. Elonis, in which the U. Supreme Court will attempt to define when comments made on social media platforms cross the line from protected free speech to criminal activity.

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The case arose in our own Eastern District of Pennsylvania. Anthony Elonis posted violent rap lyrics and graphic messages on Facebook about his estranged wife, co-workers and an FBI agent. The communications were objectively threatening, but the relevant question is whether that speech is protected if the government cannot prove that the speaker intended to act on the threat.

Supreme Court cases dealing with important issues in the area of federal practice and procedure.

At America’s court of last resort, a handful of lawyers now dominates the docket

Laborers District Council Construction Industry Pension Fund, in which shareholders invoked the securities laws to sue Omnicare for proclaiming in its U. Securities and Exchange Commission registration statement that its contracts with drug companies were lawful. This term, the U. Supreme Court will explore the pleading standard necessary to proceed on such a securities claim: May the plaintiffs merely allege that such a statement was objectively wrong, or must the plaintiffs also allege that the speaker did not believe that the statement was true?

Supreme Court will decide in the coming months relating to incriminating evidence — one concerns finding it, and the other concerns destroying it. In an article titled ''U. United States, in which the Court crafted a new causation standard for awards of restitution following federal criminal convictions. In an article titled ''Preview of the U. Supreme Court's docket for the upcoming term. The case serves as a reminder that reasonable jurists can evaluate privilege issues differently and gives examples of how companies can strengthen any assertion of privilege over internal investigation materials.

The cases involve the compensability of certain activities—donning and doffing protective gear in the case decided in January and going through a security screen in the new case—that employees must complete to perform their jobs, but are not necessarily the crux of the jobs themselves. Supreme Court's focus on the First Amendment this term.

The court heard oral arguments in April in two such cases—one concerning the protections afforded a public employee while testifying under subpoena, and one concerning the ability of individuals to challenge speech-restrictive campaign laws. Both of these cases present the court with the difficult task of applying longstanding doctrine to new and perplexing problems.

For that reason, criminal practitioners pay special attention to changes in the law that impacts the evidence admissible on the score. Supreme Court decided one such case during this term and was set to hear oral argument in another this week. Supreme Court's consideration in April whether a private litigant can sue a company for violating federal restrictions on labeling food and beverage products. Supreme Court's upcoming decision on whether Aereo's system of transmitting television programs over the Internet violates the Copyright Act. The ruling could have a seismic impact on the television industry and how Americans view television shows.

In two sets of cases this term, the U. Supreme Court is set to decide questions that could significantly alter securities litigation on behalf of large groups of investors under both federal and state law.


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OFAC does not deal only with cooperating entities, of course. On one hand, non-cooperating entities certainly run a risk that OFAC will refer their violations to criminal authorities. That comparison between administrative and criminal punishments of non-cooperating entities, as discussed infra, may yield useful, persuasive data to criminal defense lawyers representing an entity under criminal investigation.

In two cases this term, the U. Supreme Court will decide the extent to which federal courts should defer to the decisions of other tribunals. Its decisions will have a substantial effect on the role of the federal courts in relation to state proceedings and in reviewing the decisions of international arbitration panels.

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The next section examines a few recent enforcement actions in which companies have taken advantage of these regulatory formulas to minimize penalties resulting from violations. Supreme Court Justice Antonin Scalia is rarely subtle when angry. And he has often been angry when evaluating the tests employed by his colleagues to resolve First Amendment religion cases.

In particular, in a concurring opinion, he derided a multifactor test for evaluating the proper separation of religion and state as "some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad after being repeatedly killed and buried … frightening the little children and school attorneys" across the country. Recent settlements in civil enforcement proceedings brought by the Office of Foreign Assets Control OFAC suggest that cover-ups, not crimes, may invite the stiffest penalties.


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  8. Frequently, companies that cooperate with OFAC investigations, admit wrongdoing and take remedial actions to prevent future violations escape the enforcement process with mild punishments. The jurisdiction cases reviewed by the U. Supreme Court are rarely headline-grabbing. Nonetheless, those cases exert a significant effect on the civil litigation that fills the nation's dockets. This fall, the justices are considering two interesting cases from the U.

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    Court of Appeals for the Ninth Circuit that may limit the ability of federal courts to exercise jurisdiction over parties in foreign districts. Supreme Court is set to decide three cases posing difficult questions about the limits of the powers of each of the three branches of the federal government. Supreme Court may find it hard to believe that there remains anything left for the Supreme Court to decide.

    Somehow, though, the justices will find a few things to fill their days. What could be better than new love, except perhaps secret new love?

    Few in the throes of budding romance are willing to acknowledge the possibility that what is sweet now might sour later, let alone eventuate in a lawsuit. But when the romance in question is between co-workers, and especially where there is a supervisory relationship involved, the company hosting their courtship should take protective measures once the relationship comes to light. Otherwise, what began as an innocent or not-so-innocent dalliance could end in a nasty and costly lawsuit.

    Supreme Court is presently considering whether federal law pre-empts state design-defect claims targeting generic pharmaceutical products. Just two years ago, the court insulated generic-drug manufacturers from state-law failure-to-warn claims. It seems doubtful that any of the justices in that majority will treat this case differently, and, thus, generic drugmakers may soon enjoy a new immunity. At oral argument in Association for Molecular Pathology v. Myriad Genetics, the U. Supreme Court recently grappled with the question of whether human genes are patentable.

    Justice Stephen Breyer seemed to capture the justices' sentiment in the lively argument session: "The patent law is filled with uneasy compromises. Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to agency decision-making. Without that deference, people and corporations would often have an incentive to try to impair or at least delay agencies' actions through court challenges.

    Congress funds a variety of causes to the exclusion of others. That is permissible and necessary. Congress cannot, however, condition its spending on the abandonment of recipients' constitutional rights. Supreme Court granted certiorari this term on two issues concerning the Fifth Amendment's Takings Clause. The justices heard oral arguments January 15 on a case focused on the conditions that a land-use agency may attach when issuing a development permit. In the most recent Supreme Court term, justices heard oral arguments and granted certiorari on several cutting-edge questions of intellectual property law.

    Supreme Court recently heard arguments in a number of interesting Fourth Amendment cases. Of particular interest is a case questioning police use of drug-sniffing dogs to detect contraband in a defendant's home, and another case questioning whether police may detain an individual who has left a premises about to be searched pursuant to a valid warrant. Luckily for litigants, our courts take a more forgiving view. Supreme Court will consider questions relating to justiciability in a diverse array of cases touching upon national security, trademark law, the Fair Labor Standards Act and the Hague Convention.

    2011 - 2012 Supreme Court Term (Litigator Series) 2011 - 2012 Supreme Court Term (Litigator Series)
    2011 - 2012 Supreme Court Term (Litigator Series) 2011 - 2012 Supreme Court Term (Litigator Series)
    2011 - 2012 Supreme Court Term (Litigator Series) 2011 - 2012 Supreme Court Term (Litigator Series)
    2011 - 2012 Supreme Court Term (Litigator Series) 2011 - 2012 Supreme Court Term (Litigator Series)
    2011 - 2012 Supreme Court Term (Litigator Series) 2011 - 2012 Supreme Court Term (Litigator Series)
    2011 - 2012 Supreme Court Term (Litigator Series) 2011 - 2012 Supreme Court Term (Litigator Series)
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