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Author Archives: Kimberly Atkins

Airline asks justices to pre-emptively ground passenger’s claim

In the latest case asking the U.S. Supreme Court to consider the pre-emptive effect of a federal law on a plaintiff’s civil lawsuit, the justices considered Tuesday whether the Airline Deregulation Act prevents a disgruntled airline passenger from suing because his frequent flier privileges were terminated.

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EEOC eyes diversity in workforce

The Equal Employment Opportunity Commission’s recent focus on compliance and enforcement issues surrounding laws barring national origin-based job bias has some attorneys wondering if new guidance may be forthcoming.

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Justices struggle over consent-to-search case

During a lively Wednesday oral argument, the justices of the U.S. Supreme Court seemed torn over whether police can conduct a warrantless search of a home over the previous objection of a tenant when a co-tenant subsequently consents.

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Debate intensifies over proposed discovery rules

Lawmakers, plaintiff-side attorneys and consumer advocates warn that the amendments to federal civil procedures rules governing discovery could limit some litigants’ access to the courts.

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Justices take up whistle-blower protection

The U.S. Supreme Court on Tuesday wrangled over whether an employee of a privately held contractor or subcontractor of a public company is covered by the whistle-blower protections of the Sarbanes-Oxley Act.

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Justices take up patent burden of proof

The justices of the U.S. Supreme Court seemed disinclined to shift the burden of proof onto patent licensees to prove non-infringement in declaratory judgment actions.

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