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5 Jul 5:01 pm by Andis Kaulins
... in its July 1, 2009 TechnoRelease® features the LexisNexis top 10 most frequently accessed United States Supreme Court decisions. The case citations below are from LexisOne, but the commentary is by LawPundit, linking to selected ... , with no "currently accepted medical use," its manufacture, distribution or possession is a federal crime. Id. at 11. The Court concluded that the CSA, as applied to the circumstances of the case, is a valid exercise of Congress' power under the Commerce Clause because ...
LawPundit - http://www.lawpundit.com/blog/lawpundit.htm
6 Aug 5:22 pm by Victoria VanBuren
... interpretation of the Court's plurality opinion in Bazzle, which it read as "abrogating" those cases. The United States Supreme Court will presumably determine, among other things, whether the Second Circuit correctly read the plurality ... . A case as important as Stolt-Nielsen deserves careful attention and, to fully understand the issues the Court is facing, it is necessary to understand what transpired in Bazzle, and, in particular, how the different members of the divided Court viewed the case ...
Disputing - http://www.karlbayer.com/blog
21 Sep 5:00 pm by Victoria VanBuren
... to arbitrate with each and every member of the class. But that does not appear to be the case. The United States Supreme Court confirmed in Arthur Andersen that nonsignatories may be bound by, or invoke, arbitration agreements provided that " ... , 475 (2004). While implying a term may be appropriate under certain limited circumstances, New York courts "will not imply a term where the circumstances surrounding the formation of the contract indicate that the parties, when the contract was made, must ...
Disputing - http://www.karlbayer.com/blog
1 Jun 9:23 am by Brett Trout
... request (for certiorari) that the United Supreme Court review the CAFC's ruling. The questions presented for United States Supreme Court review were: 1. Whether the Federal Circuit erred by holding that a "process" must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing ("machine-or-transformation" test), to be eligible for patenting under 35 U.S.C. § 101, despite this Court's precedent ...
Blawg IT - http://blog.bretttrout.com/
17 Aug 11:08 am by Victoria VanBuren
... . Schnitzer Steel Products, 189 F.2d 264 (2d Cir. 1999); United Kingdom v. Boeing Co., 998 F.2d 68 (2d Cir. ... Question was for the Arbitrators to Decide, Does Section 10 of the Federal Arbitration Act Authorize the Court to Vacate the Award if it was in Manifest Disregard of the Law or Manifest Disregard of the Agreement? Assuming ... +and+Consolidated+Arbitration+Under+the+Federal+Arbitration+Act%3A+What+Issues+Will+the+United+States+Supreme+Court+Confront+in+Stolt-Nielsen%2C+S.A.+V.+AnimalFeeds+Int% ...
Disputing - http://www.karlbayer.com/blog
1 Sep 8:12 am by Victoria VanBuren
... Part III (here) we examined the background of Stolt-Nielsen and identified four issues that the United States Supreme Court will likely confront when it decides the case. In this part IVA we consider the first issue: ... the parties when their arbitration agreements are silent on that point? Put differently, is the question one of arbitrability for the court or one of procedural arbitrability or contract interpretation for the arbitrators? Resolution of the question defines the standard of review. ...
Disputing - http://www.karlbayer.com/blog
... sputtering proposition that punitive damages can be decided in class-wide, representative litigation are obvious. The nails are on the coffin. The Court found "no authority supporting the use of punitive damages awards for the purpose of punishing a defendant for harming ... seismic import in class action jurisprudence. The answer, evidently, is in the eye of the beholder until the next time that the United States Supreme Court has an opportunity to answer the question without creating dozens more.
the complex litigator - http://www.thecomplexlitigator.com/
17 Oct, 2008 6:58 pm
... extremely difficult to find viable veins in his arm to be used as the injection site. The United States Supreme Court denied his appeal early this week, just as the Ohio ... rule on Cooey's second motion which is still awaiting a ruling by the Ohio Supreme Court. In his second motion, Cooey argues that Ohio's lethal injection ... agonizing and painful death. Ohio uses a three-injection cocktail, as many states use for lethal injections. One of the three injections is an anesthetic which Cooey argues ...
Philadelphia Criminal Defense Lawyer Blog - http://www.philadelphiacriminaldefenselawyerblog.com/
3 Nov, 2008 4:03 pm by Robin Frazer Clark
... .C., Vermont or our beloved Georgia. If interested, you can read the briefs filed in the United States Supreme Court in this case at [www.scotuswiki.com] This is such a crucial case in American jurisprudence that it is being closely watched by thousands. So ... Court opinion issued for months) and will pray for the best, that the rights afforded us by the Constitution and the laws of the States will continue to allow Georgians to be able to obtain justice when they have, unfortunately, been wronged.
Atlanta Injury Lawyer Blog - http://www.atlantainjurylawyerblog.com/
10 Aug 3:00 am by Victoria VanBuren
... .S. at 455. Acknowledging that the "decision of the arbitrator on matters agreed to be submitted to him is given considerable deference by the courts," the dissent stressed that "the decision of what to submit to the arbitrator is a matter of contractual agreement by the parties, and the interpretation of ... +II+%7C+Class+and+Consolidated+Arbitration+Under+the+Federal+Arbitration+Act%3A++What+Issues+Will+the+United+States+Supreme+Court+Confront+in+Stolt-Nielsen%2C+S.A.+V.+AnimalFeeds+Int%E2%80%99l+ ...
Disputing - http://www.karlbayer.com/blog
23 Jun, 2008 3:15 pm
In a federal criminal case involving a sentencing issue, the United States Supreme Court ruled that a federal appellate court cannot increase a defendant's sentence in the absence of a Government request to do so. In Greenlaw v. United States, the defendant was convicted of various drug and firearms offenses. At his sentencing hearing, the district court sentenced Greenlaw to a term of imprisonment of 442 months. This sentence, however, was in direct contravention of Supreme Court law (and 15 ...
Federal Criminal Lawyer Blog - http://www.georgiafederalcriminallawyerblog.com/
29 Oct 11:04 pm
... bidi-theme-font:minor-bidi;} An important question, with significant implications for contemporary corporate law theory will be heard by the United States Supreme Court on November 10. The matter in question is Hertz Corp. V. Friend (08-1107), which poses the ... place of incorporation. This has given rise to issues of whether corporations having a presence in more than one State should be allowed to chose which jurisdiction they can be sued in, and to what extent the theoretical headquarters of a ...
Indian Corporate Law - http://indiacorplaw.blogspot.com/
30 Jun, 2008 8:37 pm
... States Constitution, has caused great debate throughout our country's history. In efforts to reduce high rates or crime and to promote safety, many laws have ... ruled in favor of Heller and struck down the District's ban on handguns, stating that the Constitution does not allow for an absolute ban on handgun ownership as this would conflict with one's right to bear arms. The District appealed to the United States Supreme Court. The Appellate Court's decision even caused a split in the White House; ...
Philadelphia Criminal Defense Lawyer Blog - http://www.philadelphiacriminaldefenselawyerblog.com/
23 Jan 9:19 am by John Campbell
New York criminal lawyer Peter H. Tilem has been admitted to practice before the United States Supreme Court, effective January 12, 2009. Having been recommended for admission by two current members of the bar of ... States Supreme Court level, without seeking outside counsel. Tilem & Campbell has several criminal appeals pending in the United States Court of Appeals for the Second Circuit and is currently challenging the mandatory minimums applicable to crack cocaine cases in federal courts.
New York Criminal Attorney Blog - http://www.newyorkcriminalattorneyblog.com/
On November 9, 2009, the United States Supreme Court heard oral arguments in two Florida cases that challenged sentencing a juvenile offender to a life sentence without the possibility of parole in non-homicide cases. ... attracted the Jacksonville local media and has captured media headlines nationwide. It is an important case for several reasons. Locally, if the Court rules that this Jacksonville Juvenile sentence of life without parole is cruel and unusual, this Jacksonville Juvenile case will be ...
Jacksonville Criminal Defense Lawyer Blog - http://www.jacksonvillecriminaldefenselawyerblog.com/
30 Jun, 2007 11:10 pm by Peninsula Virginia Law
... . Benn passed away last week. His obituary noted that Mr. Benn was co-counsel in a winning case before the United States Supreme Court, Johnson v. Commonwealth of Virginia. In that case, a college student, Ford T. Johnson, was charged with a traffic violation. At trial, Mr. Johnson sat in the section of the courtroom reserved for "whites." He refused to comply with the court's order to move to the section reserved for "Negroes." The court charged Mr. Johnson with ...
Peninsula Virginia Law - http://peninsulalaw.blogspot.com/index.html
24 Oct, 2008 1:00 pm by Jeffrey M. Reiff
... PRODUCTS LIABILITY LAWYER SAYS THAT THE PUBLIC WILL PAY A PRICE On November 3, 2008, the pharmaceutical giant Wyeth will take its case to the United States Supreme Court to argue that FDA approval of a drug supercedes state law challenging safety, ... . Many large corporations supported by the Bush administration have vigorously pursued the preemption argument to block the roadways to courts and prevent many injured plaintiffs from full ability to exercise their Constitutional rights. Preemption is ...
Philadelphia Injury Attorney Blog - http://www.philadelphiainjuryattorneyblog.com/
8 Mar 7:53 am by Paul Snow
... but they chose not to. Punitive damages are awarded to discourage companies from reprehensible conduct. Reprehensibility is the most important factor in judging the reasonableness of a punitive award. The Oregon Court expressed outrage at Philip Morris's conduct. This is the third time that the United States Supreme Court has passed on deciding that the award was too high which should send a message to big business. As a footnote, under ...
Mississippi Accident Lawyer Blog - http://www.mississippiaccidentlawyerblog.com/
25 Jun 2:30 pm by Michael DelSignore
... to raise Sixth Amendment confrontation issues to challenge the admission of breathalyzer evidence at trial in light of the United States Supreme Court's decision in Melendez-Diaz v. Massachusetts. In Melendez-Diaz, the United States ... in Massachusetts would prove that a substance was an illegal narcotics by introducing evidence of a drug certification showing that a chemist at the State lab tested the substance and concluded that it was an illegal narcotic. Often, the chemist would not even test ...
Massachusetts DUI Attorney Blog - http://www.massachusettsduiattorneyblog.com/
9 Jul 8:11 pm by Sandy T. Fox
... 's Fort Lauderdale divorce attorney to hold your child's passport in trust to prevent your child from being abducted or kidnapped from the jurisdiction. The United States Supreme Court recently agreed to hear arguments in a child custody dispute between a Texas mom and British dad. The court will examine how American authorities handle the Hague Convention on child abduction which prevents one parent from taking a child to other countries ...
Fort Lauderdale Divorce Lawyer Blog - http://www.fortlauderdaledivorcelawyerblog.com/
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