The battle lines are being drawn, and across Minnesota prosecutors and defense attorneys are butting heads over the scope and impact of the United States Supreme Court’s (SCOTUS) decision in Missouri v. McNeely. Full Story
On June 10th, the Supreme Court issued a unanimous opinion in Oxford Health Plans v. Sutter, No. 12-135, that will be viewed by some as increasing the risk of class proceedings in arbitration. The sweep of the case, however, will likely be much more limited for several reasons. Full Story
Does a suspect’s silence in response to investigators’ noncustodial questions trigger the Fifth Amendment privilege against self-incrimination? The answer is no according to the U.S. Supreme Court’s 5-4 decision Monday in Salinas v. Texas, No. 12-246, slip. op. 570 U.S. (June 17, 2013). Full Story
In Oxford Health Plans LLC v. Sutter, the United States Supreme Court held that under §10(a)(4) of the Federal Arbitration Act (FAA), an arbitrator’s decision to authorize class arbitration would survive judicial review so long as the arbitrator had acted within his delegated duty when interpreting a contract. Full Story
According to the petition, “[t]he question presented in this case, on which there is an acknowledged conflict among nine circuits, is whether a district court’s decision on the merits that leaves unresolved a request for contractual attorney’s fees is a “final decision” under 28 U.S.C. § 1291.” Full Story
According to Justice Sotomayor writing for a unanimous US Supreme Court on June 13, 2013 in Tarrant Regional Water District v. Herrmann et al., No. 11-889 (U.S. June 13, 2013), state statutes that regulate surface water permitting in a manner that disfavors out-of-state permit applicants are not pre-empted by an interstate water compact when the compact is silent on cross-border rights. Full Story
On June 17, 2013, the U.S. Supreme Court agreed to consider whether a Fair Housing Act violation may be established under the disparate impact theory, which focuses on discriminatory effects not discriminatory intent. Full Story
On June 17, 2013, the Supreme Court issued its decision in FTC v. Actavis, Inc. et al. Justice Breyer delivered the majority decision, and was joined by Justices Kennedy, Ginsburg, Sotomayor, and Kagan. Full Story
The question as to whether isolated strands of human DNA are patent eligible subject matter has finally been answered. Full Story
Second time’s the charm? For the second time in less than two years, the U.S. Supreme Court granted certiorari today in a case that presents the question whether plaintiffs suing under the Fair Housing Act (FHA) may bring disparate impact claims. Full Story
