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LAWYERS DIVISION

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Inaugural Ohio Chapters Conference Friday, March 31, 2017

 
ABOUT THE LAWYERS DIVISION
The Federalist Society's Lawyers Division was founded in 1986 to bring together attorneys, business and policy leaders, judges and others interested in examining and improving the state of the law. The Lawyers Division reaches the legal community thr READ MORE
Criminal Law & Procedure Practice Group Podcast

On March 6, 2017, the Supreme Court released its 5-3 decision in Pena-Rodriguez v. Colorado. The majority opinion, written by Justice Kennedy, reveresed and remanded the case holding that when there is a juror's clear statement that he or she relied on racial stereotypes or animus to convict a criminal defendant, the Sixth Amendment requires that the trial court consider the evidence of the statement and any resulting denial of the jury trial guarantee. John Richter, Partner at King & Spalding, joined us to discuss the important ramifications of the Court's striking decision. 

Featuring:

  • John Richter, Partner, King & Spalding

Litigation Practice Group Podcast

On March 21, 2017, the Supreme Court will hear oral argument in Microsoft v. Baker. The case involves a class action lawsuit against the Microsoft Company by plaintiffs who alleged that during games on their Xbox video game console, the game disc would come loose and scratch the internal components of the device, permanently damaging the Xbox. Since only .4% of Xbox consoles experienced this issue, the district court determined that "a class action suit could not be certified and individuals in the suit would have to come forward on their own." The named plaintiffs voluntarily dismissed their claims with prejudice. The case was then appealed to the U.S. Court of Appeals for the Ninth Circuit where the court overturned the lower court's decision and held that the district court misapplied the law and abused its discretion in removing the class action allegations.

As Microsoft v. Baker comes before the Supreme Court, the major question is whether or not appellate courts have the jurisdiction to review a class action suit after the plaintiffs voluntarily dismiss their claims with prejudice.

Featuring:

  • Cory L. Andrews, Senior Litigation Counsel, Washington Legal Foundation