Supreme Court: insurer cannot recover 'nontraceable' settlement funds under ERISA
The US Supreme Court ruled Wednesday that an insurer cannot recover equitable relief under the Employee Retirement Income Security Act (ERISA) for settlement funds a participant has already spent. The court found that nontraceable...
Prominent Chinese human rights lawyer Pu Zhiqiang has been released after receiving a suspended sentence on Tuesday. Zhiqiang was indicted in May on charges of fanning ethnic hatred and provoking trouble for comments that he posted online. He...
Supreme Court upholds binding arbitration clause in DIRECTV case
The US Supreme Court ruled 6-3 Monday in DIRECTV, Inc. v. Imburgia that the Federal Arbitration Act (FAA) preempts a California court's refusal to enforce an arbitration clause in a contract. In 2008 Amy...
Here We Go Again: Another ACA Legal Challenge of Questionable Merit
JURIST Guest Columnist Robert Field of the Drexel University Kline School of Law discusses the controversy surrounding the latest challenges to the Affordable Care Act ...The barrage of lawsuits challenging the Affordable Care Act (ACA) shows no signs of...
Supreme Court hears arguments on conspiracies, arbitration agreements
The US Supreme Court heard oral arguments Tuesday on two cases. In Ocasio v. US the court heard arguments on whether a conspiracy to commit extortion requires that the conspirators...
French court acquits 14 companies in Iraq oil-for-food scandal
A French court acquitted 14 companies accused of bribery on Thursday for negotiating contracts as part of the UN oil-for-food program with the Iraqi government under Saddam Hussein . The oil-for-food program allowed...
Supreme Court denies appeals from military contractor over soldier death and exposure suits
The US Supreme Court denied certiorari on Tuesday in three appeals filed by military contractor KBR, Inc. , seeking to end lawsuits over a soldier's electrocution in Iraq, soldier exposure to open-air burn...
Convening authority throws out conviction of Noor Uthman Mohammed
The convening authority for the Office of Military Commissions retired Marine Major General Vaughn A. Ary on Friday overturned the terror conviction against Sudanese national Noor Uthman Muhammed and dismissed the charges against him...
The ICC's Problematic Jurisdiction over Foreign Islamic State Fighters
JURIST Guest Columnist Elinor Fry, of VU University Amsterdam in the Netherlands, discusses the ICC's problematic jurisdiction over foreign Islamic state fighters...In an interview with the Süddeutsche Zeitung published on November 20, the Chief Prosecutor of the ICC, Fatou Bensouda,...
Ninth Circuit Ruling in Gun Permit Case Elevates Form Over Substance
JURIST Guest Columnist Glenn C. Smith of California Western School of Law discusses the Ninth Circuit's denial of intervention in Peruta v. County of San Diego..."You snooze, you lose." At first blush, this maxim seems to capture the essence of...
