Yetter & Warden Podcasts and RRS Feeds

Baze v. Rees

Fri, 2 May 2008 12:59:04 -0500

On April 16, in a plurality decision, the Supreme Court, in Baze v. Rees, 552 U.S.____ (2008), affirmed the judgment of the Supreme Court of Kentucky that Kentucky's protocol for lethal injection does not violate the Eighth Amendment's prohibition on cruel and unusual punishment.

Hall Street Associates, L.L.C. v. Mattel, Inc.

Thu, 3 Apr 2008 12:11:04 -0500

On March 25, the Supreme Court issued its opinion in Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S.____ (2008), a closely-watched case addressing the freedom of parties to an arbitration agreement falling under the aegis of the Federal Arbitration Act (“FAA”) to contract for broader judicial review of a resulting arbitration award than that specified in the FAA. In its 6-3 decision, the Court held that the FAA’s statutory grounds for vacatur and modification of arbitrations awards are exclusive.

Federal Express Corporation v. Holowecki

Tue, 22 Apr 2008 12:36:19 -0500

This case involved the meaning of the term "charge" as it is used in the Age Discrimination in Employment Act of 1967 (ADEA). Specifically, the ADEA provides that an employee must wait 60 days to commence a civil action after filing a charge alleging unlawful discrimination with the Equal Employment Opportunity Commission (EEOC).

Sprint/United Management Co. v. Mendelsohn

Tue, 22 Apr 2008 12:39:59 -0500

The Court unanimously held that testimony by nonparties alleging discrimination by supervisors who were uninvolved in the contested employment decision is not subject to a per se rule of admissibility.

Preston v. Ferrer

Tue, 22 Apr 2008 12:41:11 -0500

The Supreme Court held that when parties agree to arbitrate all questions arising under a contract, the Federal Arbitration Act (FAA) supersedes state laws establishing primary jurisdiction in another forum, whether judicial or administrative

Rowe v. New Hampshire Motor Transport Association

Tue, 22 Apr 2008 12:42:22 -0500

The Supreme Court held that a federal statute that prohibits States from enacting any law "related to" a motor carrier "price, route, or service" preempts two provisions of a Maine tobacco law that regulates the delivery of tobacco to customers within the state.

New York State Board of Elections v. López Torres

Tue, 22 Apr 2008 12:43:03 -0500

The Supreme Court held that New York's system of choosing party nominees for the State Supreme Court does not violate the First Amendment associational rights of prospective party candidates.

Stoneridge v. Scientific-Atlanta

Tue, 22 Apr 2008 12:43:57 -0500

In this closely-watched securities fraud case, the Supreme Court limited the ability of investors to sue third parties who are alleged to have facilitated fraudulent conduct. In its 5-3 decision, the Court ruled that secondary actors (including by way of example, vendors, accountants, and lawyers) cannot be liable for corporate fraud if investors did not rely on statements from them in making investment decisions.