Ties That Bind? How an eight-justice Supreme Court ruled on claims and litigation-related issues.
Claims Management · August 2016 ·by Karen Kalzer
The October Term 2015 (Oct. 5, 2015 – Oct. 2, 2016) for the U.S. Supreme Court may best be remembered for the unexpected loss of Justice Antonin Scalia. The long-term impact of this loss on the court’s jurisprudence is foggy as legislators refuse to act on President Obama’s nomination of Merrick Garland; the court could become more or less conservative depending on the outcome of the 2016 presidential election.
In the short term, the court demonstrated the need for a ninth justice due to the number of 4-4 decisions it made, which requires the decision of the lower court to stand. Notwithstanding, this term provides us with some guidance and rules impacting claims evaluation and litigation.
About the Author
Karen Kazler practices employment and education law with an emphasis on defending complex litigation for communities of faith, non-profits, schools and private employers. She holds the CLMP designation and has been a member of CLM since 2010.