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Emerging Developments For Litigators

Congress
Antitrust
The ABA opposes pending legislation that would overturn the Supreme Court’s 2007 on resale price maintenance. According to Section 1 of the Sherman Act, the agreement between supplier and distributor or retailer on the minimum resale prices for the supplier’s goods are per se violations. The ABA instills that the vertical minimum resale price negotiations should be evaluated under the antitrust “rule of reason”.

Armed Services
H.R. 569 and S. 357 permits all court- martialed service members who face dismissal, corrective discharge, or imprisonment for a year or more to appeal the Supreme Court by writ of certiorari, despite any action taken by the U.S. Court of Appeals for the Armed Forces.

U.S. Supreme Court
Arbitration
Considering the Federal Arbitration Act, the Court granted certiorari to consider whether imposing classwide arbitration on parties whose arbitration clauses are quiet on the matter of class actions is constant with the Federal Arbitration itself.

Confrontation Clause
The court granted a writ of certiorari to consider whether the Sixth Amendment’s Confrontation Clause is in violation by the state’s procedure that allows the prosecution to introduce a certificate of a forensic laboratory study, without presenting the testimony of the analyst who arranged it, and then gives the defendant the right to call the analyst as a defense witness.

Debt Collection
An error has been made according to the Fair Debt Collection Practices Act which states that a debt collector may not be held liable for a violation of the FDCPA if it proves that the violation was not intended and resulted from an inaccuracy of procedures designed to avoid that error in itself.

Franchising
In the case of Mac’s Shell Serv. Inc. v. Shell Oil Prod. Co., LLC, the Court granted a writ of certiorari to address a circuit split on whether the Petroleum Marketing Practices Act includes a claim for “constructive” termination or non – renewal of a gasoline franchisee’s lease.

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