Tag Archives: Supreme Court


Posted 1 year ago in Gay and Lesbian issues by Aaron Kase  
Defense of Marriage Act Thrown Out by Supreme Court

A large chunk of the Defense of Marriage Act is unconstitutional, the U.S. Supreme Court ruled today. The federal government must recognize same-sex marriages that have been legally performed by the states, the justices ruled in Windsor v. United States. The 5-4 decision does not create a constitutional right to same-sex marriage. Previously, DOMA had blocked LGBT couples from federal marriage benefits, including tax perks, social security and immigration rules. Over 1,000 federal laws and programs are affected by marriage …

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Posted 1 year ago in Labor and Employment by Aaron Kase  
Supreme Court Adds Obstacles to Discrimination Lawsuits

The U.S. Supreme Court ruled that workplace supervisors are defined by their ability to hire and fire other employees, a decision that will make it more difficult for workers to bring discrimination lawsuits. The Court ruled 5-4 in Vance v. Ball State that merely directing the activities of an employee is not sufficient for someone to be considered a supervisor for the purposes of hashing out workplace civil rights violations. The case hinged on Maetta Vance, an employee of the …

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Posted 1 year ago in Products Liability by Aaron Kase  
No Lawsuits For Defective Generic Drugs, Supreme Court Rules

Generic drug makers cannot be sued when their products injure or kill consumers, the Supreme Court ruled today, even if the drugs are defective. In Bartlett v. Mutual Pharmaceuticals, the court in a 5-4 decision continued its recent history of using federal protections for pharmaceutical companies to put them out of reach of state laws. The case started with the disfigurement of Karen Bartlett, whose skin suffered massive burns and who lost most of her vision after taking a generic …

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Posted 1 year ago in Landmark Court Cases by Aaron Kase  
Supreme Court Rules Against Affirmative Action

The U.S. Supreme Court today delegated  making a broad statement on affirmative action policies in institutions of higher education, sending the controversial Fisher v. Texas case back to an appeals court with strict instructions. In a 7-1 decision, the court decided that the 5th U.S. Circuit Court of Appeals did not appropriately apply the strict scrutiny standard necessary for race-based admissions questions, and ordered the lower court to take another shot at it. At issue was whether Abigail Fisher was …

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Posted 1 year ago in Consumer Law by Aaron Kase  
FTC Can Sue Big Pharma for Pay to Delay, Supreme Court Rules

The Federal Trade Commission (FTC) has the right to sue when big pharmaceutical companies pay smaller firms to keep generic drugs off the market, the U.S. Supreme Court ruled today. In FTC v. Actavia, the justices issued a 5-3 decision reversing an 11th U.S. Circuit Court of Appeals ruling that blocked a lawsuit because the drug company had a patent on the drug in question. Generic companies often challenge questionable patents held by name-brand drug producers, to which a common …

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