TX LEGAL EDGE

Category Archives: Supreme Court

50

U.S. Supreme Court rules to Protect Privacy Rights with Smart Phone Searches

Trisha Barita June 25, 2014

On the issue of privacy, there is always a balance to be struck between what sacrifice must be made in order to continue to maintain and protect our right to privacy.  The U.S. Supreme Court expressed an opinion today that law enforcement’s ability to search through cell phones they obtain during an arrest is not… Continue Reading »

61

Supreme Court Ruling on Class Action Arbitration

Carol Keough June 25, 2013

In a world where litigation can extend out over many years and costs may exceed hundreds of thousands of dollars, arbitration has often been an attractive alternative to a lawsuit.  The Supreme Court on May 10, 2013, in Oxford Health Plans v. Sutter (US Supreme Ct 06/10/2013) upheld the right of the arbitrator to determine… Continue Reading »

63

Supreme Court Sinks Comcast Class Action

Carol Keough April 5, 2013

Philadelphia customers sued Comcast Corporation arguing Comcast’s complete control over cable service in parts of Philadelphia allowed Comcast to raise prices unfairly.  The customers had several different theories as to how they were harmed by Comcast’s monopoly of the cable service business.  The United States Supreme Court held the customers were not a proper class… Continue Reading »

3

Supreme Court Rules Against Homeowner

Carol Keough March 22, 2013

An insured homeowner, Gregg Knowles (Knowles), whose house had sustained hail damage, alleged that Travelers Co.’s Standard Fire and Insurance Co. had refused to allow homeowners to hire general contractors to fix the damage.  On March 19, 2013, the U.S. Supreme Court ruled on Knowles and other similar claimants case as one of the four pending class… Continue Reading »

42

NLRB Headed to the Supreme Court On The Obama Recess Appointments

Carol Keough March 12, 2013

On March 12, 2013, the National Labor Relations Board (NLRB) announced its decision to file a petition for certioriari with the Supreme Court.  The NLRB wants the Court to reverse or clarify the decision in “Noel Canning” where the D.C. Circuit held that the recess appointments to the Board by President Obama were invalid. In order for… Continue Reading »

55

Obama’s Recess Appointments Invalidated

Carol Keough February 14, 2013

The D.C. Circuit recently held that President Obama’s recess appointments of three members to the National Labor Relations Board (NLRB) were unconstitutional.  Without these three appointees, the NLRB lacks a necessary quorum to deliver decisions.  The opinion of the D.C. Circuit in Canning v. National Labor Relations Board, (January 25, 2013), was that the Board did… Continue Reading »

3

New Birth Control and Religious Employer Rules Released Today

Trisha Barita February 1, 2013

Obama Administration (through the U.S. Department of Health and Human Services) releases proposed new rules on Friday, February 1, 2013, regarding what faces religous employers as they fight a battle at the United States Supreme Court regarding the requirements of providing free birth contral under the federal health care act.  Certain religion based employers have been concerned about how the… Continue Reading »

42

Contracts: Recognizing the Condition Precedent Requirement

Trisha Barita January 30, 2013

Many Texas Contracts have condition precedent language in them and recognizing your obligations or the other party’s obligations to perform a condition precedent is important to understanding the duties of the parties to perform under the contract.  When a condition precedent is nor performed by one party, it  can sometimes excuse the other party from performing at all.  As… Continue Reading »

40

Justice Thomas Breaks a Seven Year Silence on the Court

Carol Keough January 24, 2013

Why has Justice Thomas maintained silence during oral argument before the Supreme Court for more than 7 years? Justice Thomas himself has reportedly said that he is silent out of simple courtesy. Last year according to the Wall Street Journal, Justice Thomas said that “when someone is talking, somebody ought to listen.” However, on January… Continue Reading »

43

Insurers and Construction Companies Wait for Texas Supreme Court to Weigh in on Ewing Case

Carol Keough January 24, 2013

The Fifth Circuit has certified questions to the Texas Supreme Court in Ewing Construction Co. v. Amerisure Ins. Co., 2012 WL 3205557 (Fifth Circuit, August 8, 2012) which remain unanswered as of this date. At issue is whether the “contract exclusion” in the standard Commercial General Liability (CGL) insurance policy excludes coverage for faulty construction… Continue Reading »

Login to your account

Can't remember your Password ?

Register for this site!