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4 Apr 2016, 10:16 am
Kennedy — might have abandoned the common result. [read post]
2 Apr 2016, 7:30 am
’ ”(The position taken by Scalia, Kennedy, Thomas, and Alito cuts even more strongly in favor of the states.)The subject here is the power of conditional spending. [read post]
31 Mar 2016, 9:48 am
Justice Anthony Kennedy dissented, in an opinion joined by Justice Samuel Alito. [read post]
31 Mar 2016, 7:28 am
Justice Anthony Kennedy’s questions yesterday were – as is often the case – somewhat Delphic, while Justice Alito did not speak to the effects-source question and Justice Clarence Thomas did not speak at all. [read post]
31 Mar 2016, 6:00 am
Justice Alito also joined in the dissenting opinion authored by Justice Thomas. [read post]
31 Mar 2016, 6:00 am
Justice Alito also joined in the dissenting opinion authored by Justice Thomas. [read post]
30 Mar 2016, 7:30 pm
Justice Thomas concurred in the judgment. [read post]
30 Mar 2016, 1:21 pm
As Justice Thomas stated in dissent, the decision arguably is inconsistent with the Court’s pro-defendant decisions in Wal-Mart and Comcast. [read post]
30 Mar 2016, 10:09 am
" We agree.Justice Thomas concurred in this result, making the decision 5-3. [read post]
30 Mar 2016, 7:57 am
Justice Clarence Thomas wrote separately, concurring in the judgment. [read post]
29 Mar 2016, 7:38 am
A quick recap of the facts Brandon Thomas Betterman pled guilty for his failure to appear for sentencing in a prior criminal matter. [read post]
29 Mar 2016, 6:55 am
However, Justice Kennedy’s opinion for the majority, joined by all but Justice Thomas, provides an analysis revealing that, in the right employment counsel’s hands, this decision can be a relatively powerful weapon in defeating class or collective action certification. [read post]
27 Mar 2016, 5:30 am
"From "How the Novelist Douglas Kennedy Spends His Sundays. [read post]
26 Mar 2016, 11:00 am
"KENNEDY, J., delivered the opinion of the Court, in which ROBERTS, C. [read post]
25 Mar 2016, 7:03 am
Drawing a rebuke from dissenting Justices Clarence Thomas and Samuel Alito, a 6-2 majority opinion written by Justice Anthony Kennedy held that there is no bar to relying on representative sampling to establish liability: “Whether a representative sample may be used to establish classwide liability will depend on the purpose for which the sample is being introduced and on the underlying cause of action. [read post]
24 Mar 2016, 6:21 am
Notably, this describes the plans of only three of the 37 petitioners: Thomas Aquinas College, East Texas Baptist University, and Southern Nazarene University. [read post]
23 Mar 2016, 12:49 pm
Kennedy deployed that word in obvious sympathy to those institutions. [read post]
23 Mar 2016, 11:57 am
” Rather, Justice Kennedy’s majority opinion said, the use of sampling and averages was permissible here because a single employee could have used that type of evidence in an individual, non-class case to calculate his or her own uncompensated overtime pay. [read post]
23 Mar 2016, 11:57 am
” Rather, Justice Kennedy’s majority opinion said, the use of sampling and averages was permissible here because a single employee could have used that type of evidence in an individual, non-class case to calculate his or her own uncompensated overtime pay. [read post]
23 Mar 2016, 8:47 am
Justice Thomas delivered the opinion of the Court, joined by the Chief Justice and Justices Scalia, Kennedy, Breyer, Sotomayor, and Kagan. [read post]
