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Continuing its warm embrace of arbitration and its disdain for class actions, the Supreme Court on Thursday ruled that agreements between companies and their customers can prohibit class action arbitration, even if that makes it harder for plaintiffs to vindicate their claims.
Stevens, High Court Liberal Leader, to Retire
U.S. Supreme Court Justice John Paul Stevens, a one-time centrist maverick who became a powerful leader of the court's liberal wing, announced his retirement on April 9, just 11 days short of his 90th birthday.High Court Justices to Review Detainees' Rights Under Habeas Corpus
Former Solicitor General Seth P. Waxman has always worked to ensure that the great writ of habeas corpus does not become an empty shell. On Wednesday, Waxman will argue in the Supreme Court what is perhaps the most important habeas case in modern history. He will tell the justices that the Military Commissions Act of 2006 violates the suspension clause of the U.S. Constitution insofar as it bars Guantanamo Bay detainees from access to the writ of habeas corpus.Coudert Estate Pursues Fees Earned From Former Clients
The liquidation plan administrator for the Coudert Brothers estate is claiming that Baker & McKenzie breached an agreement with the defunct law firm by failing to hand over a portion of a contingency fee earned from work for former Coudert clients. The claims against Baker & McKenzie, contained in an amended complaint filed in bankruptcy court last week, involve a contingency fee that could be as high as $17 million.Plan Now to Manage Fracturing Risk
Opponents of hydrocarbon development have been doing a good job of linking hydraulic fracturing to every alleged environmental problem in oil and gas production areas, as well as questioning the extent of shale reserves, write Frank Perrone, Roger Patrick and Andrew J. Stanger.Law Firms Promote Fewer Senior Associates to Partnership
Fewer associates are winning promotion to partnership this year, a trend industry experts say is a result of the economic downturn. This month, Cleary Gottlieb Steen & Hamilton elected four new partners firmwide, half as many as in 2008, while Latham & Watkins cut its firmwide promotions 25 percent to 23. Consultants say the trend likely is a reflection of the financial condition law firms have found themselves in, with demand for legal services down and profits falling.Justices to Consider a Border Battle Over Lawsuits
The U.S. Supreme Court today will hear arguments in a "foreign-cubed" securities class action suit -- the latest legal nemesis that keeps lawyers for companies ranging from Toyota to Vivendi up at night. Foreign companies and countries have flooded the Court with amicus briefs, signaling the importance of the case worldwide. And the case, Morrison v. National Australia Bank, comes to a Court that has grown increasingly skeptical about U.S. courts exerting extraterritorial jurisdiction.Plaintiffs lawyers at Scott + Scott finally hit a snag this week in a series of lawsuits against the trustees for hundreds of millions of dollars in mortgage-backed securities.
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