supreme court cases

SCOTUS cert. grant in Henderson v. Shinseki: Once more into the jurisdictional-vs.-nonjurisdictional breach

June 29, 2010 14:07

The Supreme Court has been struggling in recent years to distinguish "jurisdictional" requirements from "nonjurisdictional" ones, in a line of cases that includes Arbaugh v. Y & H Corp., 546 U.S. 500 (2006), Bowles v. Russell, 551 U.S. 205 (2007),...

Dodson on Justice Souter and the Civil Rules

June 28, 2010 13:16

Prof. Scott Dodson (William & Mary) has published Justice Souter and the Civil Rules in the Washington University Law Review Commentaries. From the text: Justice Souter appears to have shied away from writing opinions that addressed the civil rules for...

Today's SCOTUS Decision in Morrison v. National Bank of Australia

June 24, 2010 15:49

Today the Supreme Court issued a unanimous decision in Morrison v. National Bank of Australia Ltd., covered earlier here and here. Justice Scalia wrote the majority opinion, joined by Chief Justice Roberts and Justices Kennedy, Thomas and Alito. The opinion...

Reading the Kagan Tea Leaves on Twombly/Iqbal

June 22, 2010 13:15

We blogged earlier about Supreme Court nominee Elena Kagan’s civil procedure paper trail. As for her views on one of today’s most controversial issues in civil procedure — federal pleading standards — a recent New York Times article starts with...

SCOTUS Issues Arbitration Decision in Rent-A-Center

June 21, 2010 16:45

The Supreme Court has issued its decision in Rent-A-Center, West Inc. v. Jackson, No. 09-497. Holding: An arbitrator, not a court, is empowered to decide whether an arbitration agreement as a whole, signed as a condition of employment and including...