Black Robes Speak!: Supreme Court of the United States (SCOTUS) issues opinions of interest.
Firefox 2
Google
 
Web Black Robes Speak!

Wednesday, February 20, 2008

Supreme Court of the United States (SCOTUS) issues opinions of interest.

The United States Supreme Court has issued opinions in a few cases that are worth mentioning.

In the first case, the Court ruled UNANIMOUSLY in Larue V. Dewolff, 06-856, that Employee Retirement Income Security Act (ERISA) permits an individual account holder (in a 401 K -- named after the section of the Internal Revenue Service code where the plan is found) to sue plan administrators for breaching their fiduciary duties.

In another case, Rowe v. New Hampshire Motor Transport Association, 06-457, the Court UNANIMOUSLY determined that federal trucking laws bar state regulation of tobacco shipments, notwithstanding Maine's concern that tobacco products might be shipped to minors from internet sales, because "[d]espite the importance of the public health objective, we cannot agree with Maine that the federal law creates an exemption."

In a third case, the Court ruled near UNANIMOUSLY in Preston V. Ferrer, 06-1463, that the star of the syndicated TV show "Judge Alex," must have his an arbitrator to decide the judge's fee dispute with an attorney who is claiming 12 percent of "Judge Alex's" earnings.

In a fourth case, the Court near UNANIMOUSLY in the case of Riegel V. Medtronic, Inc., 06-179, made it harder for consumers to sue makers of federally approved medical devices, ruling against the estate of a patient who suffered serious injuries when a catheter burst during a medical procedure.

In the final case, a criminal one, the Court ruled 7 to 2 in Danfort V. Minnesota, 06-8273, that state courts may apply their rulings retroactively to old cases, opening the way for an imprisoned child sex abuser to challenge his state conviction.

Labels: , ,

0 Comments:

Post a Comment

<< Home