Justices debate propriety of litigation in trial courts while defendants are on appeal seeking arbitration

Justices debate propriety of litigation in trial courts while defendants are on appeal seeking arbitration

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If anything is clear after Tuesday’s argument in Coinbase v. Bielski, it is that the justices are not going to agree on the answer. The case asks what a trial court should do if it denies a defendant’s motion for arbitration. The Federal Arbitration Act gives the defendant the right to an immediate (“interlocutory”) appeal, but it says nothing about a stay of litigation in the district court. So in these cases (proposed class actions against Coinbase, a … Read the rest

What to do with the abortion case on the Supreme Court’s docket?

What to do with the abortion case on the Supreme Court’s docket?

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court will observe St. Patrick’s Day this year by meeting in conference to discuss which of the 184 petitions and applications for resolution that day should be granted favorable consideration. Only one of those cases is newly relisted: Chapman v. Doe. Jane Doe, then an unemancipated 17-year-old, went to Missouri … Read the rest

Federal Courts Offer Law Day Resources on Civility and Decision-Making

Civility in the law and in life is the focus of the Judiciary’s 2023 Law Day resources for teachers, judges, and the legal community. Courtroom and classroom activities that give students real-life experience with civil discourse and solid decision-making skills are at the heart of the Judiciary’s national initiative Civil Discourse and Difficult Decisions.
Judiciary News – United States CourtsRead the rest

Justices vacate lower court’s ruling in Pennsylvania ballot-counting case that is now moot

Justices vacate lower court’s ruling in Pennsylvania ballot-counting case that is now moot

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The Supreme Court on Tuesday invalidated a lower-court ruling in a Pennsylvania election dispute that the losing candidate conceded three and a half months ago. When the dispute was before the justices earlier this year, Justice Samuel Alito had suggested that the lower court’s ruling on ballot counting “broke new ground” and could affect the outcome of the state’s upcoming general elections. The decision in Ritter v. Migliori came on a list of orders from the justices’ private conference … Read the rest

Justices broaden trial courts’ discretion in child-custody disputes under Hague Convention

Justices broaden trial courts’ discretion in child-custody disputes under Hague Convention

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The Supreme Court on Wednesday gave federal trial courts more discretion over whether children in some international custody disputes must be returned to their home countries. The unanimous decision in Golan v. Saada was the latest in a series of cases interpreting the Hague Convention on the Civil Aspects of International Child Abduction, an international agreement adopted in 1980 to deal with international child abduction during domestic disputes.

Under the Hague Convention, children who are wrongfully taken from the … Read the rest

Courts may not “make up” new procedural rules to favor arbitration

Courts may not “make up” new procedural rules to favor arbitration

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In a series of decisions, the Supreme Court has insisted that the Federal Arbitration Act requires courts to put arbitration contracts on “equal footing” with other kinds of contracts. These decisions have often favored companies seeking to enforce arbitration agreements, rejecting rules that give employees or consumers a way out from contract clauses requiring them to arbitrate their disputes on an individual basis. But Monday’s unanimous decision in Morgan v. Sundance clarifies that the equal-footing rule works both ways. … Read the rest