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Recent Articles from Lawyers USA
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.
Attorney fees OK’d for untimely Vaccine Act claims
A vaccine injury victim whose claim is time-barred under the National Childhood Vaccine Injury Act can still recover attorney fees because the claim was reasonable and made in good faith, the U.S. Supreme Court has ruled.
Supreme Court takes up question of town meeting prayer
In a case from a small upstate New York town that could have repercussions across Maryland and on the floor of Congress, the U.S. Supreme Court has agreed to decide whether prayers at open public meetings violate the First Amendment’s Establishment Clause.
Nation’s first ruling on text solicitations draws mixed reviews
Last month, Ohio became the first state in the nation to give the green light to lawyers sending text messages to solicit prospective clients.
Vaccine Act claim survives death from other causes
A claim for compensation under the Vaccine Act survived the death of the injured party from a cause unrelated to his receiving a vaccine, the U.S. Court of Appeals for the Federal Circuit has ruled in reversing a dismissal.
Supreme Court: ERISA plan trumps equitable principles
A federal court should not have applied equitable principles to rewrite contractual language in an ERISA plan it deemed unfair, the Supreme Court has ruled.
Offer to named plaintiff ends FLSA action
An employer can moot a collective wage-and-hour action by extending an offer of judgment to the lone named plaintiff, the split Supreme Court ruled Tuesday.
Court struggles with question of human gene patentability
Drawing a legal line to determine when human genetic material ceases to be a creation of nature and instead becomes a patentable product is not easy — even for the U.S. Supreme Court.
States’ rights issue could doom DOMA
The justices of the U.S. Supreme Court seemed poised on Wednesday to strike down the federal Defense of Marriage Act as an unconstitutional intrusion on the authority of states to regulate marriage.
