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Professional Commentary
18 Sep 2014
by Ron Fein of Free Speech for People

JURIST Guest Columnist Ron Fein, of Free Speech for People, discusses the Supreme Court's recent Hobby Lobby decision ...The Supreme Court's majority opinion [PDF] in Hobby Lobby made a serious mistake about the nature of corporate religious claims. But so did the dissent. As Hobby Lobby's case worked its way … [read more]


Professional Commentary
23 Jul 2014
by Renee Mattei Myers and Redeate Dessalegn of Eckert

JURIST Guest Columnists Renee Mattei Myers and Redeate Dessalegn of Eckert, Seamans, Cherin & Mellott, LLC discuss the effect of the recent US Supreme Court decision in Burwell v. Hobby Lobby Stores, Inc. on employers and employees... In a 5-4 decision, the US Supreme Court held the Department of Health … [read more]


Legal News
16 Dec 2013
by Max Slater

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Monday in Heimeshoff v. Hartford Life Insurance [SCOTUSblog backgrounder] that a woman was not entitled to disability benefits under the Employee Retirement Income Security Act (ERISA) [official website] because the applicable statute of limitations had run. Petitioner Julie Heimeshoff argued … [read more]


Legal News
29 Aug 2013
by Sung Un Kim

[JURIST] A class of plaintiffs consisting of around 1,200 African-American financial advisers have reached a $160 million settlement with Merrill Lynch [corporate website] in a racial discrimination lawsuit, according to a plaintiffs' attorney on Wednesday. The settlement [WP report] has to be approved by the Judge Robert Gettleman for the … [read more]


Legal News
5 Aug 2013
by Theresa Donovan

[JURIST] A judge for the US District Court for the Northern District of California [official website] on Friday rejected a potential gender discrimination class action lawsuit against Wal-Mart [corporate website]. This lawsuit, which aimed to represent 150,000 female Wal-Mart employees, was an attempt to file a smaller representative version [AP … [read more]


Features
20 Jul 2013

Government has regulated public access to contraceptives for centuries. During the nineteenth century, the distribution of contraceptives was regulated under the Comstock Act of 1873, which banned the sending of obscene and lewd material through the mail. In addition to pornography, these laws were extended to cover the transmission of … [read more]


Legal News
28 Mar 2013
by Jerry Votava

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday in Comcast v. Behrend [SCOTUSblog backgrounder] that judges can reach the merits of an underlying claim in determining whether to certify a class under Rule 23(b) [Cornell LII backgrounder]. In doing so, the court reversed the US Court of … [read more]


Legal News
27 Feb 2013
by Jerry Votava

[JURIST] The US Supreme Court [official website] on Wednesday decided [opinion, PDF] in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds [SCOTUSblog backgrounder] to permit a class action lawsuit by shareholders against Amgen [corporate website], a biotechnology company. The court ruled that plaintiffs did not have to prove the … [read more]


Legal News
10 Nov 2012
by Jaimie Cremeans

[JURIST] A judge for the US District Court for the Eastern District of New York [official website] on Friday preliminarily approved a proposed settlement of $7.2 billion between merchants and Visa and Mastercard [corporate websites], which would be the largest settlement ever made in an antitrust case. This would end … [read more]


Legal News
25 Jun 2012
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in 10 cases. In the consolidated cases of Decker v. Northwest Environmental Defense Center [docket; cert. petition, PDF] and Georgia-Pacific West v. Northwest Environmental Defense Center [docket; cert. petition, PDF] the court will determine whether a … [read more]


Legal News
12 Jun 2012
by Jamie Davis

[JURIST] New York City on Monday filed a derivative suit [press release] in Delaware Chancery Court [official website] against Wal-Mart [corporate website] alleging that both officers and board members of the company breached their fiduciary duties to shareholders by improperly handling reports of bribery that occurred in Mexico. The allegations … [read more]


Legal News
11 Jun 2012
by Sung Un Kim

[JURIST] A judge for the US District Court for the Northern District of California [official website] expressed his concern on Friday that the plaintiffs may not have sufficient evidence to proceed with their gender discrimination case against Wal-Mart. Although they filed [JURIST report] an amended lawsuit [complaint, PDF] in Wal-Mart … [read more]


Academic Commentary
4 Jan 2012

JURIST Guest Columnist Arthur Hellman of the University of Pittsburgh School of Law says the Federal Courts Jurisdiction and Venue Clarification Act significantly clarifies the law of federal court jurisdiction and venue but was passed after removing some beneficial but controversial provisions...Around this time of year, many newspapers publish articles … [read more]


Academic Commentary
12 Nov 2011

JURIST Guest Columnist Sandra Sperino of the University of Cincinnati College of Law says that the frameworks courts currently use to examine employment discrimination cases are too narrow in scope to deal with the type of discrimination alleged in Wal-Mart Stores, Inc v. Dukes...The case of Wal-Mart Stores, Inc. v. … [read more]


Legal News
28 Oct 2011
by John Paul Putney

[JURIST] Lawyers representing women who claimed discrimination by Wal-Mart [corporate website] filed an amended lawsuit [complaint, PDF] Thursday narrowing their claims to California stores of the retail giant. The lawsuit, filed in the US District Court for the Northern District of California [official website], alleges discriminatory practices against more than … [read more]


Legal News
20 Aug 2011
by Jennie Ryan

[JURIST] A judge for the US District Court for the Northern District of California [official website] ordered [text, PDF] Friday that a group of women seeking to recover damages from Wal-Mart must file their lawsuits by October 28. The order was issued on a motion to extend tolling of the … [read more]


Academic Commentary
18 Jul 2011

JURIST Guest Columnist Richard Booth of Villanova University School of Law says that courts should stop certifying securities fraud class actions, as they compound the loss to stockholders and other methods could be utilized to deter corporate fraud and more effectively provide restitution to all affected stockholders... Since 2005, the … [read more]


Legal News
28 Jun 2011
by Maureen Cosgrove

[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday denied certiorari [order list, PDF] in Philip Morris v. Jackson [docket; cert. petition, PDF], declining to determine whether a state court erred in certifying a class of smokers who sued four tobacco companies, claiming that cigarettes containing nicotine … [read more]


Legal News
20 Jun 2011
by Maureen Cosgrove

[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday ruled [opinion, PDF] in Wal-Mart v. Dukes [Cornell LII backgrounder; JURIST report] that a group of women seeking to recover damages from Wal-Mart failed to meet the requirements for class certification. The case, a Title VII [text] gender … [read more]


Legal News
26 May 2011
by Julia Zebley

[JURIST] The US Court of Appeals for the Federal Circuit [official website] on Wednesday restricted [opinion, PDF] the use of the "inequitable conduct" defense for invalidating patents. Inequitable conduct previously allowed the judge to use his or her discretion in invalidating an otherwise valid patent if he or she believed … [read more]

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