US Supreme Court issues 6 opinions this week - 10 left in term

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Yeager v. United States - A jury's acquittal of an Enron executive of securities and wire fraud charges may have erected a double jeopardy bar to his retrial on factually related insider-trading and money-laundering charges on which the jury deadlocked.  Prosecutors may not try an individual again on the "hung" counts if they had a common element with those on which the jury acquitted. 6-3 decision authored by Justice Stevens.

District Attorney's Office for Third Judicial District v. Osborne - A state prisoner has no freestanding constitutional right under the due process clause to obtain post-conviction access to forensic evidence in order to subject it to DNA testing to establish his innocence following resolution of trial and habeas proceedings. Access to DNA evidence following a final conviction is a legislative matter. 5-4 decision authored by Justice Roberts with concurrences by Alito, Kennedy and Thomas.

Gross v. FBL Financial Services Inc., - The burden of persuasion required to establish employer liability under the Age Discrimination in Employment Act is the same in cases where the employer's motives in acting against the employee are allegedly mixed as in any other ADEA action involving allegations of disparate treatment. The burden does not shift to the employer in mixed motive cases to show that it would have taken the alleged adverse action regardless of the employee's age. A 5-4 decision authored by Justice Thomas.


Travelers Indemnity Co. v. Bailey.  The terms of an injunction precluding certain lawsuits against insurers of bankrupt Johns-Manville Corp., an asbestos manufacturer, included as part of the company's 1986 bankruptcy reorganization plan, bar state-law actions brought against Manville's insurer over a decade later. The finality of the bankruptcy court's orders after direct review "generally stands in the way of challenging the enforceability of the injunction."  A 7-2 decision authored by Justice Souter.

Polar Tankers Inc v. City of Valdez-Alaska - The Court finds invalid a tax imposed by the city of Valdez on cargo ships that used its port.  A 7-2 decision.

Nijhawan v. Holder - Clarifies findings that an immigration judge must make in order for a conviction of a crime to be used as the basis for deportation.  A 9-0 decision.

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This page contains a single entry by JoNell published on June 18, 2009 9:07 AM.

US Supreme Court issues 5 opinions, 16 to go was the previous entry in this blog.

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