Category Archives: Supreme Court

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Marmet Health Care Center, Inc. v. Brown: Another Lesson in the FAA's Preemption

Ignoring established precedent from a superior tribunal is one way for a court to earn a sharp rebuke from a higher court. And that is precisely what happened in a consolidated decision today in Marmet Health Care Center, Inc. v. Brown, No. 11-391, and in Clarksburg Nursing Home & Rehabilitation Center LLC v. Marchio, No. 11-394, … Continue reading this entry

United States v. Jones: Government’s Placing of GPS Tracking Device on Car is a Fourth Amendment Search

The United States Supreme Court today held that the government’s placement of a GPS tracking device on a car while it was parked in a public parking lot was a search for Fourth Amendment purposes. The decision, written by Justice Scalia, makes clear that the Fourth Amendment’s protection against government trespass survives the “reasonable expectation of … Continue reading this entry