Recent Articles from Kimberly Atkins
‘Raging Bull’ copyright battle hits Supreme Court
The battle over ownership rights to the Oscar-nominated film “Raging Bull” landed at the U.S. Supreme Court Tuesday, as the daughter of the movie’s co-writer sought the justices’ help to avoid a knockout of her copyright infringement claim.
U.S. Supreme Court resolves uncertainty over when notice of appeal must be filed
The U.S. Supreme Court has declined to adopt a standard for filing a notice of appeal that would vary depending on whether attorney fees are awarded pursuant to a statute or a contract.
Anna Nicole Smith bankruptcy issue reaches U.S. Supreme Court again
The legal issue that spelled defeat for the estate of the late model and reality star Anna Nicole Smith in the long-running battle over her late oil tycoon husband’s estate is, once again, before the justices of the U.S. Supreme Court.
Justices hear case over severance pay and taxes
Is a severance package a form of employment income, or does it constitute a supplemental unemployment benefit? It's now up to the justices of the U.S. Supreme Court to provide a definitive answer.
Justices take dim view of recess appointments
The U.S. Supreme Court has cast serious doubt on President Barack Obama’s constitutional authority to install three members on the National Labor Relations Board without Senate approval in 2012.
NLRB opts not to appeal notice posting rule
The National Labor Relations Board has abandoned plans to seek high court review of two appellate decisions striking down the agency’s notice posting rule.
Justices: Psych mandate doesn’t violate 5th Amendment
Defendants who offer a diminished capacity defense cannot seek to exclude rebuttal evidence from court-ordered mental evaluations on Fifth Amendment grounds, the U.S. Supreme Court ruled.
Union pact case goes bust at the Supreme Court
The case of Unite Here Local 355 v. Mulhall, No. 12-99, ended not with a decision impacting the way unions and employers — particularly those in the hospitality industry — deal with one another, but rather with a dismissal that leaves in place a circuit split.
U.S. Supreme Court ponders finality of attorney fee awards
The justices of the U.S. Supreme Court considered on Tuesday whether an award of contractual attorney fees is part of a final judgment, or a collateral determination made after a judgment
Case questions status of ‘aged-out’ child applicants
At oral arguments Tuesday, the U.S. Supreme Court scrutinized the language of federal immigration statutes to determine whether a visa applicant’s child who ages out of automatic eligibility while waiting in the queue for available visas must go to the back of the line.
Angry pilot case gives rise to defamation immunity claim
In a case that pits First Amendment defamation principles against statutory immunity rules, the U.S. Supreme Court will address whether an airline can face liability for reporting that a plane passenger — one of the airline’s own pilots — might be armed and mentally unstable.
Justices back forum selection clauses
Contractual forum selection clauses will be a lot easier to enforce in the wake of a ruling this week from the U.S. Supreme Court.
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane