Author: DONALD SCARINCI

In Alabama Dept. of Revenue v. CSX Transportation, 135 S.Ct. 1136 (2015), the U.S. Supreme Court addressed what constitutes tax discrimination under the Railroad Revitalization and Regulation Reform Act of 1976, otherwise known as the “4-R Act.” ...

In Jennings v. Stephens, 135 S.Ct. 793 (2015), the U.S. Supreme Court addressed how to apply the Court’s decision in United States v. American Railway Express Co., 265 U. S. 42 (1924) to habeas relief. In that case, the Court held that an appellee ...

In Davis v. Ayala, 135 S. Ct. 2187 (2015), the U.S. Supreme Court considered whether it was a harmless error to exclude defense counsel from the Batson hearing. A deeply divided court ultimately answered yes, highlighting that habeas petitioners are ...

In Warger v. Shauers, 135 S. Ct. 521 (2014), the U.S. Supreme Court addressed Federal Rule of Evidence 606(b), which provides a juror may not testify about any statement made or incident that occurred during the jury’s deliberations during “an in...

In Woods v. Donald, 135 S.Ct. 1372 (2015), the U.S. Supreme Court clarified when a federal court may grant habeas relief. In a per curium opinion, the justices unanimously held that court may only grant such relief when the state court’s decision i...

In Christeson v. Roper, 135 S. Ct. 891 (2015), the U.S. Supreme Court addressed the requirements for counsel substitution under "the interests of justice" standard. In a 7-2 per curium decision, the majority held that a conflict of interest is ground...

Last week, the U.S. Supreme Court issued its opinion in DIRECTV, Inc. v. Imburgia, holding that the California Court of Appeal erred in finding an arbitration clause required the application of state law despite its preemption by the Federal Arbitrat...

In Kerry v. Din, 135 S.Ct. 2128 (2015), the U.S. Supreme Court held that the federal government did not violate the Due Process rights of the petitioner when it denied her husband’s visa based on his alleged engagement in terrorist activities, with...

The U.S. Supreme Court heard oral arguments in five cases last week. Several of the decisions have the potential to be blockbusters, with high-profile Constitutional issues at stake. Below is a brief summary of these potential landmark cases: ...

In M&G Polymers USA v. Tackett, 135 S.Ct. 926 (2015), the U.S. Supreme Court held that lower courts should apply traditional contract principles to determine whether retiree health benefits survive the expiration of a collective bargaining agreem...