March 2008

 

Supreme Court Further Undercuts Sentencing Guidelines

Departures from guidelines to require less rigorous standard of review
Building on its 2005 decision in United States v. Booker in which it declared the Federal Sentencing Guidelines unconstitutional, the U.S. Supreme Court has now held that, in reviewing a district court’s sentence in criminal cases, appellate courts must review the sentence under a deferential abuse-of-discretion standard.

 

Subprime Mortgage Meltdown Spurs Wave of Litigation

Section of Litigation to track emerging issues
The subprime mortgage crisis, in which a surge in high-risk loan defaults and home foreclosures has triggered ripple effects throughout the banking and securities industries, has led to a wave of litigation.

Highest Individual Jury Verdicts Decline for the Second Year in a Row

Tort reform, use of alternative dispute resolution seen as causes
Are tort reform initiatives and damages caps having any effect on jurors’ attitudes about what constitutes an appropriate damage award? In a recent survey, the dollar amount of the largest jury verdicts for individual plaintiffs decreased—significantly—for the second year in a row.