The case is Dart Cherokee Basin Operating Company, LLC v. Owens. Here is the question presented (and the defendant's argumentative intro to the question presented taken from its petition for a writ of certiorari): A defendant seeking removal of a case to federal court must file a notice of removal containing “a short and plain […]
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This article by Tony Mauro discusses the reactions of campaign-reform advocates to the Supreme Court's decision last week in McCutcheon v. FEC, which struck down congressional limits on how much money an individual may donate in total to all federal candidates or political committees in a particular election cycle. See 2 U.S.C. § 441a(a)(3) (deceased Apr. […]
Go here or click on the embedded video below to watch a series of pieces by Jon Stewart on the Supreme Court's campaign-finance ruling, McCutcheon v. FEC.
by Paul Alan Levy I blogged recently about several of the issues raised by Cindy Lee Garcia's copyright claims against Google, which we addressed in an amicus brief filed well before the amicus due date, specifically to give her the chance to address those issues. I suppose that I should be flattered that Garcia mentions […]
That's the question implicit in today's NYT report on tests of child car seats run by our friends at Consumer Reports. The Times explains: A new testing procedure, said by the magazine to represent an investment of more than a half-million dollars and over two years of work, was developed to evaluate the crash protection […]
By Adina Rosenbaum, Public Citizen This morning, the Supreme Court handed down its decision in Northwest v. Ginsberg, holding that the Airline Deregulation Act (ADA) preempts Rabbi S. Binyomin Ginsberg’s claim that Northwest breached the covenant of good faith and fair dealing when it terminated his frequent flyer program membership. Rabbi Ginsberg was a long-standing […]
After the Supreme Court (in)famously reversed class certification in the nationwide Dukes v. Walmart employment discrimination class action in 2011, smaller class actions have gone forward in its place in various parts of the country. The case against Walmart in Texas was dismissed by the district court based on the statute of limitations. This week, […]
That's what the Court did today, by a 5-4 vote, in McCutcheon v. Federal Election Commission. The main opinion was written by Chief Justice Roberts. Justice Thomas, concurring in the judgment, would have gone further and overruled Buckley v. Valeo, which, among other things, upheld certain individual limits on contributions to particular candidates. No surprise […]
“The Federal Trade Commission has moved to close down a multi-million dollar telemarketing fraud that targeted U.S. seniors across the nation, scamming tens of thousands of consumers,” according to an FTC press release. The defendants used a telemarketing boiler room in Canada … to cold-call seniors claiming to sell fraud protection, legal protection, and pharmaceutical […]
No, explains the Eleventh Circuit, reversing summary judgment against a consumer who was hounded by State Farm with 327 autodialed calls over a span of six months in an attempt to collect somebody else's debt. The plaintiff told State Farm to stop calling. Even if the FDCPA required him to do so in writing, the […]