“An employee who was fired after sleepwalking into her colleague’s bed in a next-door hotel room is not protected by disability law, a federal appeals court has ruled. The 5th U.S. Circuit Court of Appeals at New Orleans ruled against NextGen Healthcare Inc. employee Jennifer Harkey in an unpublished per curiam Read more…
“The Biden administration is proposing changes in regulations governing universities’ handling of sexual misconduct claims that could result in more lawsuits by accused students alleging a lack of due process. The proposed changes to regulations implementing Title IX of the Education Amendments of 1972 are intended to provide more discretion to schools Read more…
” The U.S. Supreme Court on Thursday agreed to consider the power of state courts to regulate federal elections under a theory known as the “independent state legislature” theory. The high court agreed to consider the issue in a North Carolina case, Moore v. Harper, in which the North Carolina Supreme Court rejected the Read more…
“A judge’s error of law is a “mistake” within the meaning of the federal rule that allows judgments to be reopened, subject to a one-year statute of limitations, the U.S. Supreme Court ruled Monday. The high court ruled in the case of Dexter Kemp, who argued that a judge’s mistaken ruling in Read more…
“The U.S. Supreme Court ruled Monday that a state’s Medicaid program can seek reimbursement from lawsuit settlement payments allocated for the future care of accident victims. The court ruled 7-2 for the state of Florida in a case that turned on statutory construction. Justice Clarence Thomas wrote the majority opinion. A member Read more…
“In 1852, just days before the U.S. Supreme Court announced its opinion in a case about the removal of a bridge over the Ohio River between Pennsylvania and Virginia, the New York Tribune published a scoop. The newspaper said Justice John McLean would write for the majority in Pennsylvania v. Wheeling Read more…
“In an amicus brief filed Monday, the ABA urged the U.S. Supreme Court to reaffirm that counsel representing habeas petitioners should be able to investigate new evidence without first proving that the evidence will provide relief to their clients. “Counsel is obliged to conduct adequate investigations at each stage of Read more…
” “The U.S. Supreme Court on Monday declined to hear challenges to mandatory state bar associations in Michigan, Oklahoma and Texas. Three federal appeals courts had upheld state bars’ right to collect mandatory bar dues last year, “although the victories for Texas’ and Oklahoma’s bars were not complete,” according to Law360. Read more…
(Reuters) – A growing number of federal district courts from coast to coast are easing requirements for lawyers, staff and visitors to wear masks when entering their courthouses amid a nationwide decline in COVID-19 cases. Since the beginning of March, more than a dozen district courts in states, including Connecticut, Read more…
The U.S. Supreme Court on Friday reinstated the death penalty for Dzhokhar Tsarnaev, convicted in the 2013 Boston Marathon bombing that killed three people, wounded 260 others and led to the fatal shooting of a police officer. The 6-3 majority opinion by Justice Clarence Thomas rejected arguments that the trial judge had Read more…