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Recent Articles from Lawyers USA
Arbitration ruling divides litigation bar, spurs calls to Congress
The chasm between corporate-defense attorneys who extol the virtues of mandatory arbitration agreements and members of the plaintiffs’ bar who say the pacts strip consumers of their right to redress was widened by the U.S. Supreme Court last month.
Court strikes down DOMA, nixes Prop 8 appeal
In a ruling that will have an immediate effect on more than 1,000 federal laws and programs, the Supreme Court on Wednesday struck down the Defense of Marriage Act, holding that the law prohibiting recognition of state-sanctioned same-sex marriages for federal purposes unconstitutionally violates equal protection principles.
Justices give school another shot in affirmative action case
Giving the University of Texas at Austin another chance to prove that its affirmative action program passes constitutional muster, the U.S Supreme Court held Monday that schools must prove that admissions policies considering race among other factors must be strictly tailored to the purpose of diversity.
Generic drug design-defect claims preempted
In a victory to generic pharmaceutical companies, the U.S. Supreme Court ruled today that state design-defect laws that impose a duty on generic drug makers to either change their labeling in violation of federal law or pull the drug from the market are preempted.
Supreme Court sides with employers on retaliation suits
Workers who allege that their employer retaliated against them must meet a higher burden than merely showing that the desire to retaliate was one motivating factor, the U.S. Supreme Court has ruled in a 5-4 decision that vacates a $3.4 million jury verdict.
Portals keep lawyers more connected to clients – Should you use one?
More than five years ago, when employment lawyer Christopher McKinney left a large law firm to open his own practice, he quickly found he was spending too many hours playing phone tag with his clients.
Supreme Court’s ‘Miranda’ ruling leaves lawyers guessing
The U.S. Supreme Court’s splintered ruling allowing a witness’ pre-arrest silence to be introduced at trial — its latest decision carving out more of the contours of defendants’ well-known right to remain silent — seemed at first blush to be a devastating blow to defense attorneys and their clients.
Supreme Court: Lawyers can’t use license info to get clients
The litigation exception to a federal privacy law did not allow four trial attorneys to obtain the personal information of drivers for the “predominant purpose” of soliciting new clients for consumer lawsuits, the U.S. Supreme Court ruled Monday.
Harsher sentencing guidelines violate Ex Post Facto Clause
Sentencing a criminal defendant under later guidelines that provide for a higher sentence than those in effect at the time the crimes were committed violates the Ex Post Facto Clause, the U.S. Supreme Court has ruled in a 5-4 decision.
Justices will weigh standing under Lanham Act
The U.S. Supreme Court has agreed to decide the factors that determine whether a party has standing to sue for false advertising under the Lanham Act.
Jury’s still out on whether vacant post is accommodation
Leaving unresolved a question that has split the circuits and perplexed employment attorneys, the U.S. Supreme Court declined to decide whether the Americans with Disabilities Act requires an employer to reassign a disabled employee to a vacant position that would have otherwise been filled by a competitive process.
Court to decide if co-tenant can consent to search after suspect’s objection
The U.S. Supreme Court has agreed to decide whether a tenant who previously objected to a warrantless search of an apartment must be personally present and objecting to prevent a search when police officers later ask a co-tenant for consent to search.
