US Supreme Court issues opinion on students loan debt and bankruptcy

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The US Supreme Court issued one opinion today.  In a unanimous decision, authored by Justice Thomas, the Court holds in United Student Aid Funds v. Espinosa that a bankruptcy court order, which discharged a student loan debt without a showing of undue hardship, was not void under Rule 60(b)(4) and was not void based on the debtor's failure to serve the creditor because the creditor had actual notice of the plan and failed to object.

Yesterday, the Court granted certiorari in four cases.  Scotusblog provides details and links to relevant docs:

Title: Connick v. Thompson
Docket: 09-571
Issue: (1) Does imposing liability for failing to train a prosecutor on a district attorney's office for a single Brady violation contravene rigorous culpability and causation standards? (2) Does imposing failure-to-train liability on a district attorney's office for a single Brady violation undermine prosecutors' absolute immunity?

Title: Belleque v. Moore
Docket: 09-658
Issues: (1) Whether the Fulminante standard -- that the erroneous admission of a coerced confession at the trial is not harmless -- applies when a collateral challenge is based on a defense attorney's decision not to move to suppress a confession prior to a guilty or no contest plea, even though no record of a trial is available for review, and (2) even if it does, is it "clearly established Federal law" for purposes of 28 U.S.C. § 2254(d)(1).

Title: Kasten v. Saint-Gobain Performance Plastics Corp.
Docket: 09-834
Issue: Is an oral complaint of a violation of the Fair Labor Standards Act protected conduct under the anti-retaliation provision, 29 U.S.C. § 215(a)(3)?

Title: Flores-Villar v. United States
Docket: 09-5801
Issue: Whether the Court's decision in Nguyen v. Immigration and Naturalization Service (2001) permits gender discrimination that has no biological basis?




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This page contains a single entry by JoNell published on March 23, 2010 8:08 AM.

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