Justices grant arbitration case, won’t take up Volkswagen emissions cases

Justices grant arbitration case, won’t take up Volkswagen emissions cases

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Ten years ago, in AT&T v. Concepcion, the Supreme Court ruled that the Federal Arbitration Act requires courts to put arbitration agreements “on an equal footing with other contracts.” Concepcion involved a state law that treated arbitration clauses unfavorably. On Monday, the court agreed to hear a lawsuit from a fast-food worker who alleges that a lower court treated an arbitration clause too favorably.

The decision to take up the case, Morgan v. Sundance, Inc., came in … Read the rest

Minimal Award for Motorcyclist’s Pain and Suffering Increased

On August 26, 2016, Vincent Madia was injured in a collision between his motorcycle and a taxi at the intersection of Fish and Waring Avenues in the Bronx.

In the ensuing trial, the jury awarded pain and suffering damages in the sum of $ 5,000 (past only – three years). In her post-trial decision on plaintiff’s motion to increase the award, the trial judge determined that $ 250,000 for past pain and suffering is reasonable. The judge did not … Read the rest

HIV privacy, guilty pleas, and bribery convictions

HIV privacy, guilty pleas, and bribery convictions

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether inmates have a constitutional right to privacy in their HIV status, whether a capital defendant’s guilty plea was knowing and voluntary, and what the government must show to convict of bribery.

Payne v. Taslimi involves an inmate’s claim to a constitutional right to privacy in his HIV status. When inmate Christopher Payne was at his bed in an open dorm, Dr. Jalal … Read the rest

Federal Criminal Appeals FAQs – Dallas Federal Appellate Attorneys — Broden & Mickelsen

The process of criminal appeals is mysterious and often misunderstood. At Broden & Mickelsen, we are board-certified criminal appeals attorneys with decades of combined experience as federal criminal appeals attorneys, which means that we have extensive insight when it comes to the inner workings of appellate courts and appeals cases.

In this article, we provide answers to frequently asked questions about federal criminal appeals cases and the appeals process.

When Can I File An Appeal?

Disliking the way that your … Read the rest

From barbecue restaurants to highway beautification, justices mull implications of sign-ordinance case

From barbecue restaurants to highway beautification, justices mull implications of sign-ordinance case

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The Supreme Court heard oral argument on Wednesday in a challenge to a Texas city’s ordinance that treats signs differently depending on whether they have a connection to the site where they are located. The U.S. Court of Appeals for the 5th Circuit ruled that the ordinance violates the First Amendment, but during over 90 minutes of oral argument in City of Austin v. Reagan National Advertising of Texas, the Supreme Court was closely divided on this question. … Read the rest