Court agrees to hear Title VII employer discrimination case

Court agrees to hear Title VII employer discrimination case

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The Supreme Court agreed to decide what protections Title VII of the Civil Rights Act of 1964 provides to employees who contend they were the victim of a discriminatory transfer. The justices announced on Friday that they had granted review in Muldrow v. St. Louis and six other cases, two of which will be argued together. (I covered one of those cases, United States v. Rahimi, in a separate article.)

The question comes to the court in the … Read the rest

Court expands government’s ability to deport noncitizens for offenses related to obstruction of justice

Court expands government’s ability to deport noncitizens for offenses related to obstruction of justice

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Federal immigration law requires the deportation of noncitizens who are convicted of an aggravated felony, which includes offenses “relating to obstruction of justice.” By a vote of 6-3, the Supreme Court ruled on Thursday in Pugin v. Garland that an offense can relate to the obstruction of justice even if an investigation or proceeding is not pending. Justice Brett Kavanaugh wrote for the majority, in a decision joined by Chief Justice Roberts and Justices Clarence Thomas, Samuel Alito, Amy … Read the rest

Court strikes a blow for sentencing discretion under provision in federal firearm statute

Court strikes a blow for sentencing discretion under provision in federal firearm statute

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People given consecutive sentences under the federal law that imposes penalties for the use of a firearm in relation to a crime of violence or drug trafficking may now be entitled to a new sentencing hearing, thanks to the Supreme Court’s unanimous ruling Friday in Lora v. United States. The justices ruled that federal criminal sentencing laws do not require Efrain Lora, who was convicted for his role in a drug-trafficking-related murder, to receive multiple consecutive, rather than concurrent, … Read the rest

Supreme Court gives government broad authority to dismiss whistleblower lawsuits

Supreme Court gives government broad authority to dismiss whistleblower lawsuits

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The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

The FCA’s qui tam (an abbreviation for a Latin phrase meaning “who sues on behalf of the King as well as for himself”) provision encourages whistleblowers to file suit on behalf of the government. … Read the rest

Supreme Court cabins reach of aggravated identity theft statute

Supreme Court cabins reach of aggravated identity theft statute

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The defendant in the case, David Dubin, was convicted of health care fraud for overbilling Medicaid while working as the managing partner of a psychological services company. The government also charged Dubin with aggravated identity theft, which carries a separate two-year sentence. Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute. In an opinion by Justice Sonia Sotomayor, the … Read the rest

Court endorses private Section 1983 enforcement of spending clause enactments

Court endorses private Section 1983 enforcement of spending clause enactments

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Civil rights plaintiffs scored a significant victory in Health & Hospital Corp. of Marion County v. Talevski on Thursday, with a seven-justice majority reaffirming that private plaintiffs can enforce spending clause enactments through 42 U.S.C. § 1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987.

FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as … Read the rest

Supreme Court rules against union over strike liability

Supreme Court rules against union over strike liability

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In an 8-1 opinion on Thursday, the justices provided a new definition to the limits on the right to strike under federal labor law. At issue in Glacier Northwest v. International Brotherhood of Teamsters, Local Union 174was whether an employer could sue its employees’ union under state law for damage the employer incurred as a result of the union’s strike. The case produced a surprisingly broad majority agreeing that the strike at issue was not even arguably protected … Read the rest

Madras High Court takes taxpayer to task for mischief with costs

Income Tax Act

In the case of Manas Vs. Income Tax Officer[1], the Hon’ble Madras High Court (“HC”) took serious objection to the taxpayer’s attempt at misleading the Court. The taxpayer had filed a writ petition seeking quashing of the reassessment proceedings and satisfaction order passed under Section 148A of Income Tax Act, 1961 (“IT Act”).

Oddly enough, the taxpayer’s argument was centered on the claim that the notice of the satisfaction order did not reach the … Read the rest