Supreme Court

Justices take up disputes over terrorism damages suits and habeas filings

Justices take up disputes over terrorism damages suits and habeas filings

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The Supreme Court on Friday afternoon agreed to decide whether a 2019 law that seeks to give U.S. courts the power to hear claims by victims of terrorism against the Palestine Liberation Organization and the Palestinian Authority violates the Fifth Amendment’s guarantee of fair treatment.

Fuld v. Palestine Liberation Organization and United States v. Palestine Liberation Organization, which will be argued together in the spring, were two of the three petitions for review that the justices granted after … Read the rest

Supreme Court

Justices dubious about dismissing suits while waiting for arbitration

Justices dubious about dismissing suits while waiting for arbitration

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Smith v. Spizziri is this week’s item on the court’s bountiful menu of cases under the Federal Arbitration Act. The question here is what options are available to a trial court that decides to send a case to arbitration. Must it stay the matter or, instead, does it have the option to dismiss it entirely? Discussion at the argument suggested that the justices were skeptical about the practical consequences of dismissal, so Justice Sonia Sotomayor’s opinion for a unanimous … Read the rest

Supreme Court

Justices dubious about dismissing suits while waiting for arbitration

Justices dubious about dismissing suits while waiting for arbitration

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Monday’s argument in Smith v. Spizziri was this month’s case under the Federal Arbitration Act. This one explores what a trial court can do when it refers a pending suit to arbitration. Section 3 of the FAA says that if the court refers the case to arbitration, it “shall on application of one of the parties stay the trial of the action until such arbitration has been had.” The question is whether the trial court, instead of staying the … Read the rest

Supreme Court

In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Clean Water Act allows private actors to sue someone for polluting a water system. But the act prevents these so-called citizen suits if the government is already enforcing the law. This week, we highlight cert petitions that ask the court to consider, among other things, what level of state … Read the rest