The federal courts have been divided regarding how to handle motions to enforce contractual forum selection provisions. Some courts have held that the plaintiff’s choice of a forum other than the one provided by contract makes venue improper in the chosen district, and thus the defendant should move to dismiss or transfer the action pursuant … Continue Reading
Yesterday, a divided U.S. Supreme Court affirmed the University of California, Hastings College of the Law’s right to condition official recognition of a Christian student group on the organization’s agreement to open eligibility for membership and leadership to all students – including homosexual students. In an opinion on behalf of a narrow 5-4 majority, Justice Ginsburg concluded … Continue Reading
In Hardt v. Reliance Standard Life Ins. Co. (.pdf), the Supreme Court resolved a Circuit split on the issue of whether an ERISA attorney’s fees claimant must be a prevailing party to obtain a fee award — in short, the answer is “no.” Instead, an ERISA fee claimant must only show “some degree of success … Continue Reading
Justice Stephen Breyer of the Supreme Court spoke this afternoon before a standing-room-only crowd at the Annual Meeting of the ALI. At Justice Breyer’s suggestion, rather than making an address, he responded to questions from several ALI members. ALI Director Lance Liebman asked how the Court’s role as the final arbiter of so many crucial questions … Continue Reading
An April 21 decision of the US. Supreme Court is must reading for attorneys who collect debts. Making a legal mistake can subject the attorney and the firm to liability under the Fair Debt Collection Practices Act. In Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (.pdf), the law firm filed a complaint in … Continue Reading
“What do I do with this case?” asked Justice Breyer in the final minutes of oral argument Monday morning in Christian Legal Society v. Martinez [pdf]. Justice Breyer’s question underscored the apparent confusion regarding what exactly was being challenged in the Christian Legal Society’s case against Hastings College of the Law. Despite the acknowledged importance of the … Continue Reading
In an 8-1 decision (.pdf), the United States Supreme Court struck down recently enacted 18 U.S.C. 48 which forbids the distribution of images depicting cruelty to animals. In United States v. Stevens, the defendant had been convicted of distributing videotapes of pit bulls attacking other animals. Chief Justice Roberts, writing for the majority, held that the … Continue Reading
Appellate Strategist has posted several times in the last week about names being discussed as possible nominees to replace retiring Justice John Paul Stevens. But a list of names, however important, says little about the nominees. We therefore begin our series of short profiles of those whose names top the list. We begin with Carlos Moreno, an Associate Justice … Continue Reading
Justice John Paul Stevens has been tagged by many as a “liberal.” Appellate Strategist does not propose to debate that general proposition here. Rather, it’s time to begin assessing what effect his absence might have on the growing body of Supreme Court jurisprudence that has been cutting back, a little at a time, on the blockbuster punitive … Continue Reading
As Appellate Strategist reported a week ago, when Justice John Paul Stevens announced his retirement, most Supreme Court observers believed that the "short list" contained three names: Solicitor General Elena Kagan, Judge Diane Wood and Judge Merrick Garland. But even as the White House is suggesting that a nominee will be named in early May, it … Continue Reading
On April 19, the United States Supreme Court will hear argument in Christian Legal Society v. Martinez, the third constitutional law case involving a law school – this time UC Hastings – that has found its way onto the High Court’s docket in less than a decade. The root of the controversy is the law … Continue Reading
According to the San Francisco Chronicle, two new candidates have emerged as possible Supreme Court nominees to replace retiring Justice John Paul Stevens. Justice Carlos Moreno of the California Supreme Court began his career as a deputy city attorney in Los Angeles. Justice Moreno received his first two judicial nominations from Republican Governors George Deukmejian and Pete … Continue Reading
President Obama made a statement this afternoon, suggesting that he would nominate a replacement for retiring Justice John Paul Stevens within "weeks." In describing his ideal nominee, the President suggested that he would be looking for someone who agreed with Stevens’ spirited dissent in Citizens United v. FEC: I will seek someone in the coming weeks … Continue Reading
The New York Times and CNN are reporting that Justice John Paul Stevens will retire when the Court reaches the end of its term in June. The Appellate Strategist will post further information on the story as President Obama’s search for a successor shifts into high gear. UPDATE: The Supreme Court has posted a copy of Justice … Continue Reading
Within the past several weeks, Supreme Court Justice John Paul Stevens has dropped several hints that he might be about to announce his retirement. Even though nothing’s definite yet, the news media and the legal blogs are busy speculating about possible replacements. Here’s the roundup – both the “short list” and some of the long shots: … Continue Reading
A corporation’s citizenship for purposes of Federal diversity jurisdiction is governed by 28 U.S.C. 1332(c)(1): a corporation is a citizen of the state of its incorporation, and the state where its principal place of business is found. This morning, in a decision certain to have a major impact on the day-to-day functioning of the Federal … Continue Reading
