At FindLaw, Joanna Grossman and Linda McClain have the second part in a two-part series (part I is available here) on the Court's Gonzales v. Carhart decision and how it affects women's constitutional liberty. In addition, George Washington University Associate Professor of Psychiatry Julia Frank has this post at Balkinization analyzing Justice Kennedy's opinion, which "disseminates dangerous dis-information."... Read More »»»

The latest edition of "Conference Call" in Legal Times (column archive here; subscription req'd) features petitions to watch for the Justices' Conference of 5/10. The SCOTUSblog supplement, containing downloadable versions of the highlighted petitions (and, thanks to the continuing assistance of those involved in the cases, a great many other cert. stage filings), can now be found here. ... Read More »»»

NEW YORK - U.S. shareholders of Swiss-based Converium Holdings A.G. sued SCOR S.A. on May 1, accusing the French reinsurer of unlawfully excluding them from participating in its $2.5 billion hostile takeover bid for Converium Holdings A.G. (Converium Holding AG v. SCOR S.A., et al., No. 07-CV-3042, S.D. N.Y.). ... Read More »»»

SAN FRANCISCO - A unanimous Ninth Circuit U.S. Court of Appeals panel on March 12 overturned a defense summary judgment for the U.S. Forest Service that would have allowed for the expansion of a ski area in northern Arizona on a sacred Indian site (Navajo Nation, et al. v. U.S. Forest Service, No. 06-15371, 9th Cir; 2007 U.S. App. LEXIS 5710). ... Read More »»»

KANSAS CITY, Mo. - Costs to repair construction deficiencies caused by a subcontractor's work are not a policy "occurrence" on the general contractor's policies, a Missouri federal judge ruled April 19 (St. Paul Fire and Marine Insurance Co., et al. v. Building Construction Enterprises Inc., No. 06-0248, W.D. Mo.). ... Read More »»»

RALEIGH, N.C. - Absent a contract between the parties, the economic loss rule does not bar the negligence claims of homeowners whose residence was damaged through defects in materials supplied by the defendant, a North Carolina Court of Appeals panel found April 10, affirming a jury verdict for the homeowners (William A. Lord and Jennifer L. Lord v. Customized Consulting Specialty, Inc., et al., No.... Read More »»»

Note: This is the second in a series of posts written by Tom Goldstein, with research by Jason Harrow, regarding the state of the Court at "Mid-Term." The first post, regarding the state of the docket, is here.

During OT2005, the Court

No oral arguments are scheduled and no non-capital orders or opinions are expected to be issued today from the Supreme Court. The next day for orders and possible opinions is May 14.

JACKSON, Miss. - A Mississippi trial court erred in not levying sanctions against a law firm that was found in the federal silica multidistrict litigation to have knowingly submitted silicosis diagnoses that were questionable at best, defendants in two of the former MDL cases told the state Supreme Court in a March 20 brief (Choctaw, Inc., et al. v. John Prince, et al., No. 2006-CA-01621; Choctaw, Inc., et al.... Read More »»»

BOSTON - Three Bankers Associations and three individual banks filed a proposed class action lawsuit against TJX Cos. on April 25 in the U.S. District Court for the District of Massachusetts, seeking more than $5 million for TJX's alleged wrongful actions that resulted in customers' personal information being stolen; the case was immediately consolidated with related cases in the same court (Massachusetts Bankers Association, et al v.... Read More »»»

LITTLE ROCK, Ark. - A federal judge on April 10 remanded a disability benefits dispute to the plan administrator for further consideration, finding that the insurer failed to consider treating physician reports that the claimant could not be in a position where she would be exposed to the public (Elaine K. Langley v. Aetna Life Insurance Co., No. 4:05CV01853GH, E.D. Ark.; 2007 U.S. Dist. LEXIS 27876).... Read More »»»

WASHINGTON, D.C. - An Italian company's expropriation claim against Bangladesh under a bilateral investment treaty (BIT) is within the jurisdiction of the International Centre for Settlement of Investment Disputes (ICSID) and the competence of the tribunal selected to hear the dispute, according to a decision issued by the tribunal (Saipem S.p.A. v. Bangladesh, ICSID Case No. ARB/05/07). ... Read More »»»

EDWARDSVILLE, Ill. - Members of a nationwide class for individuals seeking reimbursement for their purchase of Paxil for minor patients who cannot provide proof of purchasing the antidepressant will receive $100 under the terms of an amended settlement agreement that was approved by an Illinois state court judge on April 26 (Teri Hoormann, et al. v. SmithKline Beecham Corp., No. 04-L-715, Ill. Cir., Madison Co.; See October 2006, Page 4).... Read More »»»

WASHINGTON, D.C. - The U.S. Supreme Court on April 30 found that Microsoft Corp. was not guilty of infringing an AT&T Corp. patent because even though Microsoft supplied a master disk that was used in the overseas duplication of accused software, the disk itself did not qualify as a "component" that would make Microsoft liable under U.S. patent laws (Microsoft Corp. v. AT&T Corp., No. 05-1056, U.S.... Read More »»»

WASHINGTON, D.C. - Calling the Federal Circuit U.S. Court of Appeals test for obviousness "narrow" and "rigid," the U.S. Supreme Court on April 30 unanimously reversed findings that a claimed invention by respondent Teleflex Inc. was valid (KSR International Co. v. Teleflex Inc. et al., No. 04-1350, U.S. Sup.).... Read More »»»