Tag Archives: SCOTUS opinon
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SCOTUS Opinion: Republic of Sudan Exposed to $4.3 Billion In Punitive Damages
Victims of an al Qaeda terrorist attack sued the Republic of Sudan under the Foreign Sovereign Immunities Act, which carved a specific exception under 28 U.S.C. sec. 1605(a)(7) for states that sponsored terrorism. When the victims filed suit, Section 1605(a)(7) did not permit recovery of punitive damages. Then In 2008, Congress amended FSIA through the National Defense Authorization Act, which ... Read More
SCOTUS Opinion: Age Discrimination Need Not Be The But-For Cause To Be Actionable
In Babb v. Wilkie, a clinical pharmacist at a Veterans Affairs medical center alleged that he suffered various adverse personnel actions due to age discrimination. Under the Age Discrimination in Employment Act of 1967, personnel actions affecting individuals 40 and over must be made “free from any discrimination based on age.” The VA offered legitimate reasons for its actions and ... Read More
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SCOTUS Opinion: Court Broadens Definition Of Generic Burglary Under Armed Career Criminal Act
After Jamar Quarles pled guilty to being a felon in possession of a firearm, prosecutors sought to give him an enhanced sentence under the Armed Career Criminal Act because he had at least three prior “violent felony” convictions. The Act defines “burglary” as being a violent felony, meaning “unlawful or unprivileged entry into, or remaining in, a building or structure, ... Read More
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SCOTUS Opinion: Third-Party Counterclaim Defendants Cannot Remove State Cases To Federal Courts
In Home Depot U.S.A., Inc. v. Jackson, Citibank filed a state debt-collection action against George Jackson for charges on his Home Depot card. Jackson counterclaimed against Citibank and filed third-party class-action counterclaims against Home Depot and another company, alleging a scheme in which those companies induced consumers to buy water treatment systems at inflated prices. Citibank dismissed its claims ... Read More
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SCOTUS Opinion: States Are Immune From Private Suits Filed In Other States
Gilbert Hyatt made millions from a technology patent he developed while living in California. Prior to receiving the patent, he moved to Nevada, which has no income tax. The Franchise Tax Board of California thought his move was a sham, and began auditing him. Hyatt sued the Board in Nevada, claiming that the Board had committed numerous torts during its ... Read More