Topics: Landmark Court Cases - 346 results

Nursing homes are free to use binding arbitration agreements in their contracts with residents, barring victims and their families from suing the homes even in extreme cases of personal injury and wrongful death, the Supreme Court ruled in February. Decision overturns West Virginia ruling that allowed malpractice lawsuits against homes Binding arbitration strips consumers of right to have their say in court Inspect nursing home contract before signing and demand that arbitration clauses be removed   Matter of Public Policy …

The Supreme Court heard arguments this week about the Patient Protection and Affordable Care Act, or Obamacare, in preparation for a ruling on whether aspects of the massive health care overhaul are allowable under the Constitution. The main issue in front of the court is the health care law’s individual mandate, which would require all Americans to carry health insurance by 2014 or pay a penalty. However, several other matters are also at stake, including whether striking the mandate would …

The Supreme Court ruled last week that criminal defendants have the right to effective counsel when it comes to plea bargain agreements, expanding the guarantee of good legal representation beyond the courtroom and into the negotiating room. The upshot for defendants: If you feel you got improper advice on taking a plea, or went to trial unaware that a plea offer even existed, you now have legal recourse to appeal.   Sixth Amendment Requirements The court ruled 5-4 in favor …

There is no disputing that the tide of public opinion on same-sex marriage has turned in favor of allowing federal marriage rights to gay and lesbian couples. On the heels of the landmark decision in California and the legislative initiative in Washington State, both Maryland and New Jersey are also paving the way to allow same-sex marriage. “This is further evidence that Americans are changing their minds as they think about why marriage matters and who gay families are,” says …

Our flag comes to mind when you think about symbols of our nation, the principles upon which our country is built and national unity. The flag has a special and revered role, displayed with pride from front porches, to government buildings and in our cemeteries. What happens when the flag isn’t treated with respect, or even desecrated? Is it a matter of choice, poor manners, a criminal offense or, protected as free speech?   First Amendment protection covers symbolic speech …