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Searching Content indexed under Government, Public Sector by Andrew Tauber ordered by Published Date Descending.
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Supreme Court Decision Alert - January 10, 2012
Today the Supreme Court issued two decisions, described below, of interest to the business community.
United States
12 Jan 2012
2
Supreme Court Decision Alert - May 23, 2011
In an important decision long-anticipated by government contractors, the Supreme Court today held that the government cannot use the state-secrets doctrine as both a "sword and a shield."
United States
26 May 2011
3
Supreme Court Docket Report - May 16, 2011
The Supreme Court granted certiorari today in "Minneci v. Pollard", No. 10-1104, to decide whether an implied cause of action arises under "Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics", 403 U.S. 388 (1971), when a federal prisoner alleges that individual employees of the private corporation operating the prison under contract with the government have violated his or her constitutional rights and state tort law affords the plaintiff an adequate, alternative remedy.
United States
17 May 2011
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Supreme Court Decision Alert - March 1, 2011
Under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. § 4311 et seq., it is unlawful for an employer to discriminate on the basis of an employee’s membership in the armed services.
United States
2 Mar 2011
5
Supreme Court Docket Report - September 28, 2010
A defendant can be sued in a particular state only if the defendant is subject to personal jurisdiction in that state.
United States
29 Sep 2010
6
Supreme Court Decision Alert - May 24, 2010
In a decision that could prove significant to all businesses that engage in joint ventures and other cooperative enterprises, the Supreme Court ruled today in "American Needle, Inc. v. National Football League", No. 08-661, that the National Football League (NFL) does not constitute a "single enterprise" for antitrust purposes, holding instead that the league’s 32 constituent teams are separate enterprises when it comes to selling branded items like caps.
United States
27 May 2010
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Supreme Court Docket Report - October 13, 2009
Under “Beneficial National Bank v. Andersen”, 539 U.S. 1 (2003), the test for determining whether a state law is “completely preempted” by federal law, and thus whether lawsuits brought under that state law are removable to federal court under 28 U.S.C. § 1441, is whether the federal law “provide[s] the exclusive cause of action for the claim asserted.”539 U.S. at 8.
United States
16 Oct 2009
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Supreme Court Docket Report - June 22, 2009
The False Claims Act authorizes “qui tam” suits by “relators”—private citizens acting on behalf of the United States—against those who submit fraudulent claims to the federal government. 31 U.S.C. §§ 3729(a), 3730(b).
United States
25 Jun 2009
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Supreme Court Decision Alert - June 8, 2009
In certain circumstances, the Due Process Clause prohibits a judge from sitting in a case. Today, the Supreme Court extended its constitutional recusal rule to judicial elections and possibly beyond.
United States
23 Jun 2009
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Supreme Court Docket Report - Decision Alert - January 26, 2009
Title VII of the Civil Rights Act of 1964 prohibits an employer from retaliating against an employee because the employee "has opposed" unlawful workplace race or gender discrimination—commonly known as the "opposition clause"—or because the employee "has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII]"—commonly known as the "participation clause."
United States
27 Jan 2009
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