Appellate Court Rules Alien Tort Statute Provides Federal Jurisdiction over Claims Arising from Injuries Inflicted Abroad (Jul. 07, 2014) by Luis Acosta

The U.S. Court of Appeals for the Fourth Circuit has ruled that under the Alien Tort Statute, an American corporation in certain circumstances can be sued ...

Topic: International affairs; Jurisdiction
Jurisdiction: United States

Supreme Court Addresses Scope of Foreign Governments' Immunity to Discovery (Jun. 26, 2014) by Luis Acosta

The United States Supreme Court has ruled that the Foreign Sovereign Immunities Act of 1976 (FSIA) does not grant immunity to foreign governments from discovery proceedings ...

Topic: Sovereign immunity
Jurisdiction: United States

Supreme Court Rules Local Crimes Not Covered by Statute Implementing Chemical Weapons Convention (Jun. 12, 2014) by Luis Acosta

The U.S. Supreme Court has ruled that the U.S. implementing statute for the Chemical Weapons Convention (CWC) does not apply to local crimes. (Bond v. ...

Topic: Crime and law enforcement; Supreme court; Treaties and International Agreements/Weapons; United Nations Chemical Weapons Convention, 1993
Jurisdiction: United States

Delaware Supreme Court Rules That Spanish Law Applies in a Corporate Law Dispute (Mar. 02, 2012) by Luis Acosta

The Delaware Supreme Court has ruled that the law of Spain, rather than that of Delaware, applied in a case where a plaintiff corporation brought a ...

Topic: Corporations
Jurisdiction: United States

Court Enjoins Florida Law Requiring Welfare Recipients to Take Drug Tests (Nov. 09, 2011) by Luis Acosta

The United States District Court for the Middle District of Florida has preliminarily enjoined a Florida law that required all applicants for certain types of government ...

Topic: Right of privacy
Jurisdiction: United States

New Jersey Supreme Court Revises Test for Admissibility of Eyewitness Identifications (Sep. 15, 2011) by Luis Acosta

In an August 24, 2011, ruling, State v. Henderson, the New Jersey Supreme Court revised the state's test for evaluating the trustworthiness and admissibility of eyewitness ...

Topic: Crime and law enforcement
Jurisdiction: United States

Supreme Court Rules Right to Public Trial Includes Jury Selection Phase (Mar. 09, 2010) by Luis Acosta

On January 19, 2010, the Supreme Court of the United States ruled that a criminal defendant's right to a public trial under the Sixth Amendment to ...

Topic: Crime and law enforcement
Jurisdiction: United States

Supreme Court Enjoins Streaming Broadcast of Federal Trial (Mar. 09, 2010) by Luis Acosta

On January 13, 2010, the Supreme Court of the United States enjoined a federal district court order that would have permitted the broadcast of a trial ...

Topic: Communications
Jurisdiction: United States

President Obama Signs Executive Order Streamlining Declassification of Government Information (Jan. 25, 2010) by Luis Acosta

On December 29, 2009, President Barack Obama issued an executive order intended to allow researchers to gain access more quickly to formerly classified national security information. ...

Topic: Freedom of information
Jurisdiction: United States

Federal Court Says Police Use of Taser Can Constitute Excessive Force (Jan. 22, 2010) by Luis Acosta

A federal appeals court has held that police use of a taser gun on a criminal suspect can constitute an unconstitutionally excessive use of force in ...

Topic: Police power
Jurisdiction: United States

Court Rules Fair Housing Act Protects Condominium Residents from Religious Discrimination (Dec. 17, 2009) by Luis Acosta

A U.S. federal appellate court has ruled that the Fair Housing Act (FHA) protects from religious discrimination not only purchasers of a home at the time ...

Topic: Discrimination
Jurisdiction: United States

Supreme Court Addresses Ineffective Assistance of Counsel in Death Penalty Case (Dec. 17, 2009) by Luis Acosta

The United States Supreme Court has overturned a convicted murderer's death sentence, ruling that his counsel's failure to investigate the defendant's background prior to the penalty ...

Topic: Lawyers and legal services
Jurisdiction: United States

Appellate Court Allows Global Warning Lawsuit by Katrina Victims to Proceed (Nov. 17, 2009) by Luis Acosta

A U.S. federal appellate court has ruled that a lawsuit by victims of Hurricane Katrina against energy and chemical companies, for contributing to global warming and ...

Topic: Environmental protection
Jurisdiction: United States

Supreme Court Says Federal Courts Should Not Ignore Challenges to a Prisoner's Execution (Oct. 26, 2009) by Luis Acosta

The U.S. Supreme Court has ruled that in a habeas corpus case challenging a prisoner's execution, a federal appellate court should allow the prisoner's arguments to ...

Topic: Capital punishment
Jurisdiction: United States

Court Rules Agency's Deregulation of Genetically Engineered Sugar Beets Violated Federal Environmental Law (Oct. 20, 2009) by Luis Acosta

A federal district court has ruled that a decision by the U.S. Department of Agriculture (USDA) to deregulate a genetically engineered form of sugar beets without ...

Topic: Agriculture and food
Jurisdiction: United States

Agency Rescinds Employment Regulations Targeting Employers of Immigrants (Oct. 20, 2009) by Luis Acosta

The U.S. Department of Homeland Security (DHS) has rescinded a 2007 regulation intended to prevent employers from employing undocumented immigrants, the enforcement of which had been ...

Topic: Labor
Jurisdiction: United States

Federal Court Rules State Prison Must Provide Access to Televised Prayer Services (Sep. 18, 2009) by Luis Acosta

A federal appeals court has ruled that a federal law, the Religious Land Use and Institutionalized Persons Act (RLUIPA), requires the Massachusetts Department of Corrections to ...

Topic: Church and state relations
Jurisdiction: United States

Federal Appeals Court Sets Limits on Government Access to Private Electronic Records (Sep. 18, 2009) by Luis Acosta

In a ruling issued August 26, 2009, a federal appeals court addressed the matter of procedures federal courts should observe in issuing search warrants and subpoenas ...

Topic: Right of privacy
Jurisdiction: United States

Expert Testimony on "Suicide by Cop" Theory Ruled Admissible (Aug. 20, 2009) by Luis Acosta

The United States Court of Appeals for the Ninth Circuit has held that in a case alleging excessive police force, a trial court may admit expert ...

Topic: Police power
Jurisdiction: United States

Computer Hacker Can Be Prosecuted for Securities Fraud (Aug. 19, 2009) by Luis Acosta

The United States Court of Appeals for the Second Circuit has ruled that a computer hacker who uses deceptive means to obtain advance information about a ...

Topic: Securities
Jurisdiction: United States

Divided Supreme Court Addresses Reverse Discrimination Claim (Jul. 15, 2009) by Luis Acosta

On June 29, 2009, a divided Supreme Court ruled that under Title VII of the Civil Rights Act of 1964, an employer may engage in racially ...

Topic: Discrimination
Jurisdiction: United States

Supreme Court Rules States May Sue National Banks (Jul. 14, 2009) by Luis Acosta

On June 29, 2009, the U.S. Supreme Court ruled that state governments are not preempted by the National Bank Act (NBA) from enforcing state law against ...

Topic: Banks and financial institutions
Jurisdiction: United States

Judge's Recusual Required Where Campaign Contributions Create Probable Bias (Jun. 15, 2009) by Luis Acosta

On June 8, 2009, the Supreme Court ruled that the due process clause of the Fourteenth Amendment to the U.S. Constitution requires an elected state judge ...

Topic: Judges
Jurisdiction: United States

U.S. Courts Lack Jurisdiction over Claims Against Iraq Arising During Saddam Hussein Regime (Jun. 15, 2009) by Luis Acosta

On June 8, 2009, the Supreme Court ruled that the Government of Iraq enjoys sovereign immunity from claims for torture committed against U.S. citizens during the ...

Topic: Human rights
Jurisdiction: United States

Supreme Court Limits Private Party Liability for Hazardous Waste Cleanup (May. 18, 2009) by Luis Acosta

On May 4, 2009, the United States Supreme Court held that companies could not be held liable under the Superfund hazardous waste cleanup statute solely on ...

Topic: Environmental protection
Jurisdiction: United States

Supreme Court Reaffirms Right to Prompt Appearance Before Magistrate Following Arrest (Apr. 10, 2009) by Luis Acosta

On April 6, 2009, the United States Supreme Court reaffirmed a longstanding criminal procedural doctrine that a confession made during an unreasonable period of detention before ...

Topic: Crime and law enforcement
Jurisdiction: United States

Supreme Court Rules that U.S. Apology for Overthrowing Hawaiian Monarchy Does Not Affect Hawaii Public Lands (Apr. 10, 2009) by Luis Acosta

The U.S. Supreme Court ruled on March 31, 2009, that a 1993 Congressional resolution apologizing for the role of the United States in overthrowing the Hawaiian ...

Topic: Natural resources
Jurisdiction: United States

Federal Approval of Drug Label Does Not Preempt State Failure-to-Warn Claim (Mar. 16, 2009) by Luis Acosta

On March 4, 2009, the Supreme Court ruled that the U.S. Food and Drug Administration's (FDA) approval of a drug's labeling does not preempt a state ...

Topic: Civil liability
Jurisdiction: United States

Constitution Does Not Require Government Neutrality in Erecting Permanent Monuments in Parks (Mar. 09, 2009) by Luis Acosta

The United States Supreme Court recently ruled that the First Amendment to the U.S. Constitution does not require municipalities to be neutral with respect to messages ...

Topic: Constitution
Jurisdiction: United States

Three Executive Orders Affecting Detention of Enemy Combatants (Feb. 26, 2009) by Luis Acosta

On January 22, 2009, President Barack Obama signed three executive orders relating to persons detained by the United States as enemy combatants.

One executive order ...

Topic: Terrorism
Jurisdiction: United States

New Law Overturns Supreme Court Ruling on Statute of Limitations in Pay Discrimination Lawsuits (Feb. 26, 2009) by Luis Acosta

On January 29, 2009, U.S. President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act, which reverses a 2007 Supreme Court decision interpreting the ...

Topic: Discrimination
Jurisdiction: United States

California Supreme Court Rules Hospitals May Not "Balance Bill" Patients for Emergency Room Charges Rejected by HMOs (Jan. 23, 2009) by Luis Acosta

On January 8, 2009, the California Supreme Court ruled that California law prohibits hospitals from directly billing patients for costs of emergency treatment that patients' health ...

Topic: Workers safety and health
Jurisdiction: United States

Supreme Court Reaffirms That Federal Law Allows State Fraud Claims Against Tobacco Companies (Dec. 22, 2008) by Luis Acosta

On December 15, 2008, the U.S. Supreme Court held that federal law does not preempt a state court lawsuit claiming that cigarette manufacturers violated state unfair ...

Topic: Civil liability
Jurisdiction: United States

Heiress Loses Appeal to Retain Painting Confiscated by Nazis (Dec. 15, 2008) by Luis Acosta

On November 19, 2008, the U.S. Court of Appeals for the First Circuit rejected an appeal by the heiress to a painting confiscated by Germany's Nazi ...

Topic: Cultural heritage
Jurisdiction: United States

Supreme Court Overturns Order Limiting Navy Sonar Training Exercises (Nov. 21, 2008) by Luis Acosta

On November 12, 2008, the United States Supreme Court reversed a lower court's order placing conditions on the U.S. Navy's training exercises using sonar, finding that ...

Topic: Environmental protection
Jurisdiction: United States

Federal Appeals Court Clarifies Test for Business Method Patents (Nov. 18, 2008) by Luis Acosta

On October 30, 2008, the U.S. Court of Appeals for the Federal Circuit clarified the test for determining if a business method is eligible for patent ...

Topic: Intellectual property
Jurisdiction: United States

Google Settles Class Action Lawsuit Over Book Search Project (Nov. 18, 2008) by Luis Acosta

On October 28, 2008,Google Inc. announced it has reached a proposed settlement of a class action lawsuit filed against it by a group of authors and ...

Topic: Intellectual property
Jurisdiction: United States

Supreme Court Reaffirms Ruling on Unconstitutionality of Death Penalty for Child Rape (Oct. 10, 2008) by Luis Acosta

On October 1, 2008, the U.S. Supreme Court denied a motion for rehearing and affirmed its June 25, 2008, holding in Kennedy v. Louisiana that ...

Topic: Capital punishment
Jurisdiction: United States

Accounting Oversight Board Ruled Constitutional (Sep. 10, 2008) by Luis Acosta

On August 22, 2008, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the Public Company Accounting Oversight Board (PCAOB), which is ...

Topic: Constitution
Jurisdiction: United States

Falun Gong Members Ruled Eligible for Asylum (Sep. 10, 2008) by Luis Acosta

On August 26, 2008, the U.S. Court of Appeals for the Ninth Circuit ruled that two practitioners of the Falun Gong religion from the People's Republic ...

Topic: Immigration and nationality
Jurisdiction: United States

Supreme Court Rules Death Penalty for Child Rape Unconstitutional (Jul. 02, 2008) by Luis Acosta

On June 25, the Supreme Court ruled that the ban on cruel and unusual punishment in the U.S. Constitution bars the death penalty for child rape. ...

Topic: Capital punishment
Jurisdiction: United States

Supreme Court Holds That Constitution Protects an Individual Right to Own Firearms for Self-Defense (Jul. 02, 2008) by Luis Acosta

On June 26, the Supreme Court ruled that the Second Amendment to the U.S. Constitution confers an individual right to possess a firearm for traditionally lawful ...

Topic: Firearms and explosives
Jurisdiction: United States

Supreme Court Upholds Constitutionality of Child Pornography Law (Jun. 02, 2008) by Luis Acosta

On May 19, the Supreme Court ruled that a federal statute that criminalizes the pandering of child pornography does not violate the United States Constitution.

Section 2252A(a)(3)(B) ...

Topic: Crime and law enforcement
Jurisdiction: United States

Supreme Court Rules 1866 Civil Rights Provision Encompasses Retaliation Claims (Jun. 02, 2008) by Luis Acosta

On May 27, the Supreme Court ruled that a provision of the Civil Rights Act of 1866 codified at 42 U.S.C. andsect; 1981, which protects against ...

Topic: Discrimination
Jurisdiction: United States

Supreme Court Rules that an Arrest Illegal Under State Law Does Not Violate the U.S. Constitution (May. 02, 2008) by Luis Acosta

On April 23, the Supreme Court ruled that police officers did not violate the Fourth Amendment's prohibition against unreasonable searches and seizures when they made an ...

Topic: Crime and law enforcement
Jurisdiction: United States

Supreme Court Rules Lethal Injection Cocktail is Constitutional (May. 02, 2008) by Luis Acosta

On April 16, the Supreme Court ruled that a state's use of a three-drug lethal injection protocol for capital punishment does not violate the ban on ...

Topic: Capital punishment
Jurisdiction: United States

Judgment by International Court of Justice Held Not Binding on State Courts (Apr. 02, 2008) by Luis Acosta

On March 25, the Supreme Court ruled that a decision by the International Court of Justice (ICJ) did not override state procedural requirements governing post-conviction proceedings ...

Topic: International affairs
Jurisdiction: United States

Supreme Court Rules for Delaware in Dispute with New Jersey (Apr. 02, 2008) by Luis Acosta

On March 31, the Supreme Court ruled that the State of Delaware has the authority to deny a permit for a liquefied natural gas (LNG) terminal ...

Topic: Boundaries
Jurisdiction: United States

Supreme Court Upholds Indiana Photo ID Voting Requirement (Apr. 02, 2008) by Luis Acosta

On April 28, the Supreme Court ruled that an Indiana election law requiring voters to present a government issued photo identification card is not unconstitutional on ...

Topic: Elections and politics
Jurisdiction: United States

Federal Law Preempts State Lawsuits Involving Medical Devices (Mar. 02, 2008) by Luis Acosta

The Supreme Court ruled on February 20 that because the Medical Device Amendments of 1976 (MDA) preempts state regulation of medical devices that were approved by ...

Topic: Workers safety and health
Jurisdiction: United States

401(k) Plan Participants May Sue Plan Administrators under ERISA (Mar. 02, 2008) by Luis Acosta

The Supreme Court ruled on February 20 that a participant in a defined contribution pension plan, such as a 401(k) plan, may use a section of ...

Topic: Employee benefits
Jurisdiction: United States

State Funding of Faith-Based Prison Program Held Unconstitutional (Feb. 11, 2008) by Luis Acosta

On December 3, the United States Court of Appeals for the Eighth Circuit ruled that government funding of an evangelical Christian prison treatment program violates the ...

Topic: Church and state relations
Jurisdiction: United States

Private Securities Lawsuits Curtailed (Feb. 02, 2008) by Luis Acosta

On January 15, the United States Supreme Court ruled that private persons may not maintain lawsuits under section 10(b) of the Securities Exchange Act of 1934 ...

Topic: Commerce
Jurisdiction: United States

Supreme Court Rules That All Law Enforcement Officers Are Immune to Suit for Wrongful Detention of Property (Feb. 02, 2008) by Luis Acosta

The Supreme Court ruled on January 22 that all federal law enforcement officials are immune from lawsuits claiming wrongful detention of property. The ruling arose when ...

Topic: Property
Jurisdiction: United States

Comprehensive Energy Policy Statute Enacted (Jan. 02, 2008) by Luis Acosta

On December 19, President Bush signed into law a comprehensive energy policy law intended to increase energy efficiency and the availability and use of renewable energy. ...

Topic: Energy
Jurisdiction: United States

Freedom of Information Act Strengthened (Jan. 02, 2008) by Luis Acosta

New legislation was enacted December 31 designed to strengthen the effectiveness of the Freedom of Information Act (FOIA). The new law broadens the definition of "news ...

Topic: Freedom of information
Jurisdiction: United States

Injunction Issued to Permit Religious Protests at Funerals (Dec. 02, 2007) by Luis Acosta

On December 6, the United States Court of Appeals for the Eighth Circuit ruled that a Missouri statute barring protests at funerals should be preliminarily enjoined ...

Topic: Church and state relations
Jurisdiction: United States

Alaska Supreme Court Holds Parental Consent Requirement Unconstitutional Under Alaska Constitution (Nov. 02, 2007) by Luis Acosta

On November 2, the Supreme Court of Alaska held that a law requiring minors to obtain parental consent before obtaining an abortion violated the right of ...

Topic: Abortion
Jurisdiction: United States

Moratorium on State Taxation of Internet Access Extended to 2014 (Nov. 02, 2007) by Luis Acosta

On October 31, President Bush signed into law the Internet Tax Freedom Act Amendments Act of 2007. The act extends a moratorium on state and local ...

Topic: Communications
Jurisdiction: United States