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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: May 30
BNSF Ry. Co. v. Tyrrell, 581 U.S. 402 (decided May 30, 2017): railroad could be sued in state where it was neither based nor incorporated nor where accident happened (IOW, under general “doing business” jurisdiction as allowed by state statute) despite Daimler AG v. Bauman, 2014, Jan. 14, which held that “doing business” jurisdiction violated due process; 45 U.S.C. §56 allows suit against railroads in any “doing business” state which is only a venue and not a jurisdictional p
captcrisis
32 minutes ago3 min read
Today in Supreme Court History: May 29
Ledbetter v. Goodyear, 550 U.S. 618 (decided May 29, 2007): Title VII lawsuit as to sexual discrimination in employment (after 18 years plaintiff found that she was getting paid less than newly hired men in the same division) must be brought according to statutory language within 180 days of every act of unequal payment (i.e., she would have to file a new claim every 180 days and no past discrimination counts) (wording of statute changed to fix this result in January 2009 by
captcrisis
24 hours ago3 min read
Today in Supreme Court History: May 28
Home Depot U.S.A. v. Jackson, 587 U.S. 435 (decided May 28, 2019): new party sued in third party class action can’t remove case to federal court because statute allowing any class action to be removed can be invoked only by original defendant Hoffman v. United States, 341 U.S. 479 (decided May 28, 1951): witness can “take the Fifth” before a grand jury even as to general questions about his background, occupation, etc. if he has a long criminal record and has been publicly as
captcrisis
2 days ago3 min read
Today in Supreme Court History: May 27
Schechter Poultry Corp. v. United States, 295 U.S. 495 (decided May 27, 1935) (the “sick chicken case”): invalidated many provisions of the National Industrial Recovery Act (which allowed the Executive Branch to issue regulations as to sale of chickens, and as to wages, prices) as improper delegation of Congressional power, and outside Congress’s authority anyway because Commerce Clause power did not extend to effects on interstate commerce which were only indirect San Antoni
captcrisis
3 days ago3 min read
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