Commentary on Important Court Decisions
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Commentary on Important Court Decisions
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Keywords
Abstention,
Administrative Procedure Act,
Administrative Procedures Act,
Age Discrimination in Employment Act,
Agency deference,
Americans with Disabilities Act,
Arbitration,
Attorneys fees,
Attorneys' fees,
Class actions,
Commerce Clause,
Consumer law,
Declaratory Judgment Act,
ERISA,
Environment,
Environmental law,
Ex Parte Young,
Ex parte Young,
Exhaustion,
Facial challenges,
Family Medical Leave Act,
Federal regulations,
Food Stamp Act,
Harmless error,
Housing,
IDEA,
Immigration,
Implied rights of action,
Individuals with Disabilities Education Act,
Long-Term Care,
Medicaid,
Medicare,
Mootness,
NEPA,
No Child Left Behind,
Pleading standards,
Preemption/Supremacy Clause,
Preliminary injunction,
Prisoners,
Protection & advocacy agencies,
Qualified immunity,
RLUIPA,
Rehabilitation Act,
Ripeness,
Rooker-Feldman doctrine,
SORNA,
Section 1981,
Section 1983,
Social Security,
Sovereign immunity,
Spending Clause,
Standing,
State court remedies,
State law preemption,
Statute of limitations,
Stay,
Supremacy Clause/Preemption,
Supreme Court,
TRICARE,
Tenth Amendment,
Third-party beneficiaries,
Title IX,
Title VII,
Tort law,
Truth in Lending Act,
Twombly,
Voting Rights Act,
Voting rights,
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S.Ct.: Vermont's Prescription Confidentiality Law Vioalates 1st Am.
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The Supreme Court ruled that Vermont’s Prescription Confidentiality Law, which prohibits pharmacies from selling prescriber-identifying information to pharmaceutical manufacturers for marketing purp...
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S.Ct.: Bankruptcy court cannot enter judgment on state law counterclaim
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The Supreme Court, divided 5-4 along ideological lines, held that Article III of the Constitution does not allow a bankruptcy court to enter judgment on a state law counterclaim. Stern v. Marshall, No...
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S.Ct.: State Law Tort Claims against Generic Drugs Preempted
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In a 5-4 decision dividing conservative and liberal justices, the Supreme Court held that state tort claims for inadequate warning labels on generic drugs are preempted by federal regulations requirin...
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S.Ct. Entitled to alternative procedural safeguards when incarcerated for failure to pay child support
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In a 5-4 decision, the Supreme Court ruled that, according to the Fourteenth Amendment, civil contempt proceedings for failure to pay child support directly to the custodial parent do not require the ...
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S.Ct.: federal dt ct cannot enjoin class cert in state court
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In a unanimous ruling, the Supreme Court found that a District Court exceeded its authority in enjoining a state court from considering class certification after having previously denied class certifi...
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S.Ct.: Clean Air displaces federal common law
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In a unanimous ruling (8-0), the Supreme Court held that the Clean Air Act (CAA) and EPA’s implementation of the Act displace any federal common-law claims against carbon dioxide emitters, even thou...
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SCt: No class action for Title VII disparate impact case
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In a 5-4 vote pitting conservative justices against liberal justices, the Supreme Court ruled that Wal-Mart’s policy of granting local supervisors discretion in pay and promotion decisions, which al...
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5th Cir: Undocument Individuals are Not People for 2nd Am.
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The Fifth Circuit held that undocumented individuals are not “people” protected by the Second Amendment of the US Constitution. By a 2:1 vote, the court held that aliens illegally present in the ...
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S.Ct.: Narrows Implied Private Right of Action
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In a decision written by Justice Thomas and joined by the four other conservative justices, the Court expressed hostility to implied private rights of action and grounded its denial of court access on...
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S.Ct.: Uses Originalism to Interpret 1st Amendment
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Focusing on congressional enactments from the late 1700s, the Supreme Court upheld the constitutionality of a recusal provision in Nevada’s Ethics in Government Law. The Court concluded that legisl...
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