In reversing the class certification, the Court clarified at least four critical points. First, the Court emphasized that it may be necessary for the trial court to review the evidence offered by the plaintiffs to determine whether the requirements of the class-certification rule have been satisfied and that it is legal error for a trial court to decline to review that evidence simply because it relates to the merits of the case. Second, the Court built upon the decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (U.S. 2011), and noted that the "predominance" requirement applicable to damages class actions is "even more demanding" than in other types of class actions. Comcast, slip op. at 6. Third, it rejected as insufficient the expert evidence offered by the plaintiffs that was not reasonably tied to their theory of liability. Fourth, and perhaps most importantly, the Court found that questions of individual alleged damages against Comcast "will inevitably overwhelm … [Read more...] about U.S. Supreme Court Rejects Class Certification in Comcast v. Behrend
High court and supreme court
In February 2015, the U.S. District Court for the Southern District of Texas concluded the 2014 DACA expansion and DAPA creation were unconstitutional and enjoined the 2014 executive action. The U.S. Circuit Court of Appeals for the Fifth Circuit upheld the lower court’s injunction later that year. The Administration appealed that decision to the U.S. Supreme Court. … [Read more...] about Supreme Court’s Decision on Future of DACA and DAPA
In that opinion, Justice Charles Johnson wrote: “Where a system exists permeated with arbitrary decision-making, random imposition of the death penalty, unreliability, geographic rarity, and excessive delays, such a system cannot constitutionally stand.” … [Read more...] about State Supreme Court strikes down death penalty, converts sentences to life in prison
“Their rulings on the 2011 redistricting plan were twice struck down by the (United States) Supreme Court,” Earls said. She said the U.S. Supreme Court later issued a 9-0 ruling overturning one of the plans the state court had upheld, which she said shows it was “an open and shut case.” … [Read more...] about Democrats think they can flip a key seat on the NC Supreme Court. Here are the candidates.
The question is why so much opaqueness comes to surround the appointment and transfer processes of the judges of the higher judiciary. The answer lies in the functioning of the collegium system. The collegium system is the innovation of the SC. The Constitution has no provision providing for the collegium system. The SC through the interpretation of Article 124 of the Constitution invented the ‘collegium system’, which gradually turned out to be fully opaque and non-transparent. The Constitution under Article 124 and 217 tries to balance the role of executive and judiciary in the appointments and transfers in the higher judiciary- Supreme Court and High Courts. These provisions in the original text of the Constitution provided that judges in the higher judiciary will be appointed and transferred by the President of India in consultation with the Chief Justice of India and ‘with such of the judges of the Supreme Court and of the High Courts in the States as the … [Read more...] about Supreme Court Starts Doing What It Preaches; But Much More Needs To Be Done