Federal Judiciary

Today’s opinions

By Akin Gump Supreme Court Practice Group

Our apologies that the “live” blog did not appear this morning, due to problems with our server.  The Court issued three opinions:

In No. 08-1200, Jerman v. Carlisle, the Court  reverses and remands the lower court decision, with Justice Sotomayor writing for the majority.   On a 7-2 vote, the Court holds that in defending against a violation of the Fair Debt Collection Practices Act, the bona fide error defense does not apply to legal errors.  The opinion is here.

In No. 08-970, Perdue v. Kenny A., the Court reverses and remands the lower court.   Justice Alito writes for the Court. Justice Breyer dissents in part, joined by Justices Stevens, Ginsburg, and Sotomayor.  The Court rules that the calculation of an attorney’s fee may be increased if the lawyer has provided a superior performance but only in “extraordinary circumstances.”  The opinion is here.

In No. 08-810, Conkright v. Frommert, the Court reverses and remands the lower court, in an opinion by Chief Justice Roberts.  The vote is 5-3, with Justice Sotomayor taking no part.  Justice Breyer dissents, joined by Justices Stevens and Ginsburg.   The Court rules that the federal district court should have deferred to the ERISA plan administrator’s interpretation of the plan’s terms.  The opinion is here.

The full texts of the opinions follow the jump.

Jerman v. Carlisle, No. 08-1200

Perdue v. Kenny A., No. 08-970

Conkright v. Frommert, No. 08-810

Full post as published by SCOTUSBLOG on April 21, 2010 (boomark / email).