Search Results for: petitioners

The US Supreme Court on Monday denied certiorari in Kennedy v. Bremerton School District, which involved a football coach at a public high school who claimed that school officials retaliated against him for engaging in prayer on the field. The case raised the question of how public-sector employers must balance their dual obligations under the [...]

A number of abortion providers filed suit against Pennsylvania on Wednesday in hopes of overturning a state law that prohibits coverage of the procedure by Medicaid. The groups, which include Planned Parenthoods within Pennsylvania and the Allegheny Reproductive Health Center, filed their complaint seeking declaratory judgement and injunctive relief from the law, in order to [...]

The US Supreme Court wrapped up its January sitting with two oral arguments Wednesday morning.  At issue in Knick v. Township of Scott, Pennsylvania is whether a plaintiff must use up state court remedies prior to bringing a Fifth Amendment takings claim. In this case, the township, after finding burial markers on the petitioner’s land, said that the [...]

The US Supreme Court heard oral arguments on Tuesday in two cases. The first, Home Depot v. Jackson, asks whether a class action defendant can remove the case from state to federal court under the Class Action Fairness Act (CAFA), despite the now plaintiff and former defendant not agreeing to removal. Petitioner Home Depot argued [...]

The US Supreme Court heard arguments in two cases on Monday: Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc. First of the day, Thacker v. Tennessee Valley Authority (TVA) tests the ability for government entities to be sued or to sue. The TVA was stringing a power line above the [...]

The Supreme Court declined Monday to hear a challenge to the appointment of Acting Attorney General Matthew Whitaker stemming from a case involving Second amendment rights for non-violent felons. Barry Michaels, a candidate for Congress in Nevada, is appealing a Ninth Circuit decision denying his right to carry a firearm after being convicted for non-violent [...]

The Supreme Court began its 2019 term Monday with oral arguments for two cases: Merck Sharp & Dohme Corp. v. Albrecht and Obduskey v. McCarthy & Holthus. In Merck v. Albrecht, the justices must determine whether a state failure-to-warn law claim is pre-empted when the Food and Drug Administration (FDA) has rejected the drug manufacturer’s [...]

The San Diego District Attorney’s (DA) Office announced their plan Monday to challenge Senate Bill No. 1437, amending the murder accomplice law. The DA’s Office claims that they have grounds to challenge or question the new law’s constitutionality, arguing that “the Legislature didn’t have the authority to change the law without asking voters first.” The [...]

The US Supreme Court agreed to add Kisor v. Wilkie to its docket on Monday. The court will limit its review to the first question presented by the petition for certiorari, which asks the court to reconsider precedent from Auer v. Robbins and Bowles v. Seminole Rock & Sand that directs courts to defer to [...]

The US Supreme Court heard two oral arguments on Tuesday: Biestek v. Berryhill and Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. At issue in Biestek, a disability benefits case, was “Whether a vocational expert’s testimony can constitute substantial evidence of ‘other work,'” if the expert did not provide the data supporting this position, although requested to do [...]