Rachel Schwartz-Gilbert

United States Supreme Court (2 summaries)

Missouri v. McNeely

In the context of alcohol-related driving investigations, the Fourth Amendment requires officers to obtain consent or a warrant before proceeding with a blood alcohol content test unless truly exigent circumstances exist.

Area(s) of Law:
  • Criminal Procedure

Chaidez v. United States

A defendant cannot benefit from a new rule when her conviction became final prior to the new rule’s enactment.

Area(s) of Law:
  • Post-Conviction Relief

United States Supreme Court Certiorari Granted (5 summaries)

Kaley v. United States

Whether the Fifth and Sixth Amendments entitle criminal defendants to a pre-trial adversarial hearing (in which they may challenge the evidentiary support of the underlying charges) on ex parte restraining orders which limit their ability to retain counsel of choice.

Area(s) of Law:
  • Criminal Procedure

Univ. Texas Southwestern Med. v. Nassar

Whether Title VII’s retaliation provision and related statutes require plaintiff to prove discrimination was a “but-for cause” for an adverse employment action or merely a “motivating factor” for the action.

Area(s) of Law:
  • Employment Law

American Exp. Co. v. Italian Colors Restaurant

Whether the Federal Arbitration Act allows a court to invalidate an arbitration agreement which prohibits class arbitration of a federal statutory claim.

Area(s) of Law:
  • Arbitration

The Standard Fire Insurance Co. v. Knowles

Whether a class action plaintiff's stipulation limiting damages to below the federal amount in controversy threshold, made to defeat defendant's right of removal under the Class Action Fairness Act of 2005, is binding on absent class members.

Area(s) of Law:
  • Civil Procedure

Moncrieffe v. Holder

Whether the government bears the burden of proving a defendant was convicted of a drug trafficking charge that would constitute a federal felony in order to justify removal as an aggravated felon under 21 U.S.C. § 841(a)(1).

Area(s) of Law:
  • Immigration