Recent Supreme Court Decisions
BG Group plc v. Republic of Argentina (March 5, 2014)
A court of the United States, in reviewing an arbitration award made under the Agreement for the Promotion and Protection of Investments, should defer to the arbitrator's interpretation and application of the local litigation requirement to an underlying controversy.
Lozano v. Montoya Alvarez (March 5, 2014)
Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction, which generally requires the destination country of a parent who has abducted a child to return the child immediately if the other parent requests return within one year, is not subject to the doctrine of equitable tolling, which extends an otherwise discrete limitations period set by Congress if tolling is consistent with the statute.
Rosemond v. United States (March 5, 2014)
To convict a criminal defendant of the inchoate federal crime of aiding and abetting a 18 U.S.C. § 924(c) violation (engaging in a drug deal in which the person or a confederate carries or fires a gun), the government must prove that the defendant actively participated in the underlying drug trafficking or violent crime with advance knowledge that a confederate would use or carry a gun during the crime’s commission.
Lawson v. FMR LLC (March 4, 2014)
Section 1514A of the Sarbanes-Oxley Act grants whistleblower protection not only to employees of public companies, but also to employees of a public company's private contractors and subcontractors.
Law v. Siegel (March 4, 2014)
A bankruptcy court lacks statutory and inherent authority to impose a "surcharge" against a debtor filing for bankruptcy when the imposition of such action is prohibited elsewhere in the Bankruptcy Code.