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lawyers usa

Nov 12, 2013

Justices wrangle over intent for aiding and abetting law

During oral arguments Tuesday, the Supreme Court justices tried to nail down just what intent is necessary to establish the federal crime of aiding and abetting the use of a firearm in a violent or drug felony.

Aug 27, 2013

After DOMA ruling, legal quagmire for same-sex couples

The U.S. Supreme Court ruling earlier this year striking down part of a statute barring the recognition of same-sex marriage under federal law has created confusion on the ground as same-sex couples begin applying for benefits they still may not be qualified to receive.

Jun 20, 2013

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
Jun 17, 2013

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.

Jun 10, 2013

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.

Jun 3, 2013

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.

Jun 2, 2013

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.

May 6, 2013

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.

Apr 28, 2013

William Hodes: Ethics 20/20 commission tweaks the Model Rules

Since the Model Rules of Professional Conduct were first promulgated by the American Bar Association in 1983, they have been amended several times on an issue-by-issue basis, and the ABA has twice undertaken a more global overhaul.

Apr 16, 2013

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.

Apr 15, 2013

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.

Feb 20, 2013

Supreme Court agrees to hear FLSA case on ‘changing clothes’

The U.S. Supreme Court will decide what constitutes "changing clothes" for purposes of determining a worker’s compensable time under the Fair Labor Standards Act.