Tag Archives: United States Supreme Court

How Close a “Connection” is Required to File a State-Law Securities Fraud Class Action Lawsuit?

BY ERIN FITZGERALD — On October 7, 2013, the Supreme Court heard oral argument in Chadbourne & Parke LLP v. Samuel Troice, in which the Court is expected to clarify the scope of preclusion under the Securities Litigation Uniform Standards Act (“SLUSA”) of state-law securities fraud class actions.  Chadbourne, representing three consolidated cases arising from […]

Korte v. Sebelius, and Others: Religious Challenges to the Affordable Care Act

BY BRITTANY FORD — Ever since its passage, the Patient Protection and Affordable Care Act (“Affordable Care Act”) has been subject to scores of lawsuits challenging its validity. The recent problems with its initial rollout received scathing reviews and only served to make the Act more controversial. Many critics are still trying to find ways […]

SCOTUS To Weigh Denial of Hearing to Contest Pretrial Asset Seizures Against the Fifth Amendment Due Process Clause

BY LINDSAY ADKIN — The United States Government deposited more than $4.2 billion in its asset forfeiture fund during the 2012 fiscal year. That was more than double what the Government deposited in each of the two previous years. Asset forfeiture became a common practice after Congress first passed asset forfeiture statutes in the 1970s. […]

Ringing the Capital: Justice Sotomayor Questions the Validity of Alabama’s (and Florida’s) Capital Punishment Regime

BY ZACHARY D. LUDENS — In the closing issue of the University of Miami Law Review’s 67th Volume, Brendan Ryan offered a thoughtful analysis of Florida’s capital punishment regime and one United States District Judge’s determination that this regime was no longer constitutional. Although the Supreme Court of the United States ultimately declined to address […]

SCOTUS Seems to Favor Michigan’s Affirmative Action Ban

BY DANIELLE COUPET — In true legal fashion, let’s start with a hypothetical. Suppose we have two applicants to the University of Michigan: Tom and Tyra. Tom is a premiere football quarterback, whose father also just so happened to play football at the University of Michigan. Tyra is an African-American woman, hoping to be the […]