Author: DONALD SCARINCI

In Morgan v. Sundance, Inc., 596 U. S. ____ (2022), the U.S. Supreme Court held that the Fifth Circuit Court of Appeals erred in adopting an arbitration-specific rule conditioning a waiver of the right to arbitrate on a showing of prejudice. Accordi...

Ketanji Brown Jackson made history on April 7, 2022, when the U.S. Senate confirmed her as the first black woman to sit on the U.S. Supreme Court. Jackson will replace Justice Stephen Breyer who is set to retire when the Court’s term ends this sum...

In Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. __ (2022), the U.S. Supreme Court held that emotional distress damages are not recoverable in a private action to enforce the Rehabilitation Act of 1973 or the Affordable Care Act.  Facts o...

In Federal Election Commission v. Ted Cruz for Senate, 596 U.S. ____ (2022), the U.S. Supreme Court held that Section 304 of the Bipartisan Campaign Reform Act of 2002 — which limits the amount of post-election contributions that may be used to re...

The U.S. Supreme Court has concluded its oral arguments for the October 2021 Term. The justices heard arguments in six cases, which addressed issues ranging from methods of execution for death-row inmates to whether a high school football coach shou...

In Thompson v. Clark, 596 U.S. ____ (2022), the U.S. Supreme Court held that to demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under 42 U.S.C. §1983 for malicious prosecution, a plaintiff ne...

In Houston Community College System v. Wilson, 595 U.S. ____ (2022), the U.S. Supreme Court held that an elected trustee did not have an actionable First Amendment claim arising from his Board’s purely verbal censure. The Court’s decision was un...

The recent disclosure of Justice Samuel Alito’s decision purporting to overturn Roe v. Wade is arguably the most significant breach in the history of the U.S. Supreme Court. However,  it is not the first time that a landmark abortion decision was...

In Ramirez v. Collier, 595 U. S. ____ (2022), the U.S. Supreme Court held that Texas can’t execute a man death row unless it allows his pastor to pray and lay hands on him while he is executed. The Court specifically held that Ramirez is likely to...

The U.S. Supreme Court heard oral arguments in four cases last week, with Justice Clarence Thomas participating remotely after being discharged from the hospital. The Federal Arbitration Act took center stage in two of the four cases. Other issues b...