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The Supreme Court decision syllabus, read without personal commentary. See: Wheaton and Donaldson v. Peters and Grigg, 33 U.S. 591 (1834) and United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Photo by: Davi Kelly. Founded by RJ Dieken. Now hosted by Jake Leahy.
*Note this podcast is for informational and educational purposes only. Hosted by a non-attorney.*
Episode | Date |
---|---|
Glacier Northwest v. Teamsters (Labor)
502
In Glacier Northwest v. Teamsters, the Supreme Court reviewed whether the National Labor Relations Act preempts Glacier's state tort law claims that allege the Teamsters intentionally destroyed the company's concrete trucks when the truckers did not complete their deliveries in transit. The Court held that these claims were not preempted by federal law, reasoning that it is well-established that the NLRA does not protect striking workers who fail to take reasonable precautions to protect against property damage. Read by Jake Leahy. |
Jun 02, 2023 |
Slack Technologies v. Pirani (Securities Act)
519
In Slack Technologies v. Pirani the Court held that Section 11 of the Securities Act of 1933 requires the plaintiff to prove that they purchased securities that were registered under a materially misleading registration statement. The Court rejected the argument that the term "such security" could include securities that were not registered under an allegedly misleading registration statement. Read by Jeff Barnum. |
Jun 02, 2023 |
U.S. ex rel. Schutte v. SuperValu Inc. (False Claims Act)
450
Supreme Court's decision is here. |
Jun 02, 2023 |
Dupree v. Younger (1983 Post-Trial Motion)
334
In Dupree v. Younger, the Supreme Court addressed whether a post-trial motion of a purely legal issue that was resolved at summary judgment, requires a post-trial motion to be preserved on appeal. Kevin Younger sued Neil Dupree, who was a correctional officer under Section 1983. Dupree moved for summary judgment alleging that Younger had failed to exhaust administrative remedies. The district court denied the motion. After Younger prevailed at trial by obtaining $700,000 in damages, Dupree appealed alleging the district court improperly dismissed the suit. Under Fourth Circuit precedent, that court ruled against Younger reasoning that he was required to file a Rule 50 post-trial motion to preserve the issue on appeal. The Supreme Court reversed, finding that pure questions of law resolved in summary judgment do not require a post-trial motion to preserve the issue for appeal. The Court writes in the syllabus: "And it makes sense: Factual development at trial will not change the district court’s pretrial answer to a purely legal question, so a post-trial motion requirement would amount to an empty exercise." Read by Jake Leahy. |
May 28, 2023 |
Sackett v. EPA (Clean Water Act)
1030
In Sackett v. Environmental Protection Agency, the Supreme Court examines the scope the terms "waters" under the Clean Water Act. The EPA ordered the Sackets, who purchased property in Idaho, to restore the property after the family had backfilled it with dirt. The EPA claimed that putting dirt on their property violated the Clean Water Act, and threatened the family with $40,000 in penalties daily. |
May 28, 2023 |
Tyler v. Hennepin County (Takings Clause)
368
In Tyler v. Hennepin County, Chief Justice Roberts writes for the majority, reversing the Eighth Circuit. The District Court and Circuit Court had rejected a taxpayer's claim that Hennepin County keeping the $25,000 surplus after a tax sale violated both the Takings Clause under the Fifth Amendment and the prohibition on excessive fines under the Eighth Amendment. The Court reversed, finding that the state is not entitled to recover the surplus after a property is sold after the owner's failure to pay real estate taxes. |
May 28, 2023 |
Calcutt v. FDIC (Administrative Review)
786
The Supreme Court reversed the Sixth Circuit Court of Appeals, reasoning that the Court of Appeals must reverse the administrative agency if it reaches the same outcome for a different reason. Once an administrative agency has made an error of law, the decision must be remanded back to the administrative agency. Per Curiam. Read by Jake Leahy. |
May 23, 2023 |
Andy Warhol Foundation v. Goldsmith (Copyright Fair Use)
1158
In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al., the Supreme Court ruled that the commercial licensing of a derivative artwork by Andy Warhol, based on a copyrighted photograph taken by Lynn Goldsmith, did not qualify as fair use. The case involved the licensing of Warhol's "Orange Prince" image. This well-known image includes a silkscreen portrait of musician Prince, which was derived from Goldsmith's photograph. The Court found that despite adding new expression, meaning, or message to the photograph, the purpose and character of the use were not sufficiently distinct from the original work. Held: the “purpose and character” of the Warhol' use of Goldsmith’s original photograph in commercially licensing Orange Prince to Condé Nast does not favor Warhol's fair use defense to copyright infringement. Justice Sotomayor delivered the Opinion of the Court. Justice Kagan filed a dissenting Opinion, which Chief Justice Roberts joined. Read by guest host Jeff Barnum. |
May 20, 2023 |
Ohio Adjutant General’s Dept. v. FLRA (Labor)
440
In Ohio Adjutant General's Department v. FLRA, the Supreme Court ruled that the Federal Service Labor-Management Relations Statute (FSLMRS) grants jurisdiction to the Federal Labor Relations Authority (FLRA) over labor disputes involving state National Guards when they hire and supervise dual-status technicians in their civilian roles. These technicians are both employed by the Ohio National Guard, as well as the Army and the Air Force. The Court's decision was based on three main reasons, 1.) statutory terms, 2.) the authority granted to the Ohio Adjutant General, and 3.) the historical precedent of federal agency-employee relations. Justice Thomas delivered the Opinion of the Court (7-2), Justice Alito filed a dissent, in which Justice Gorsuch joined. Read by guest host Jeff Barnum. |
May 20, 2023 |
Gonzalez v. Google (Section 230)
294
On the same day, the Court released its decision in Twitter v. Taamneh. The Court largely disposed of the claims in Twitter, stating that Taamneh had failed to state a claim under the federal statute. Here, the Court in its per curiam opinion, writes that it need not consider the veracity of the Section 230 claims because Twitter's reasoning requires disposal of the claims here. Read by Jake Leahy. |
May 20, 2023 |
Amgen Inc. v. Sanofi (Patent)
694
The patent requires certain particularity, such that any person skilled in the craft would be able to manufacture, make, construct, or use the invention. The Court held that Amgen's patent failed to provide the detail required to protect its interest, in part, because the patent applies to a wide range of antibodies and requires a certain level of trial/error for a skilled person to replicate it. A pharmaceutical patent case. Gorsuch delivered the opinion of the unanimous Court. Read by Jake Leahy. Contact us at scotusdecisions@gmail.com. |
May 20, 2023 |
Twitter v. Taamneh (Aiding and Abetting ISIS)
1107
Taamneah brought suit against social media companies, alleging that the companies were "aiding and abetting" ISIS by providing a platform and recommendations to the companies. HELD: The social media companies did not knowingly aid and abet ISIS, and therefore, no claim can be brought under the Anti-Terrorism Act. |
May 19, 2023 |
Polselli v. IRS (Tax Summons)
336
Chief Justice Roberts writes for the majority in this case: "As an old joke goes: 'I believe we should all pay taxes with a smile. I tried but they wanted cash.'" |
May 19, 2023 |
National Pork Producers v. Ross (Dormant Commerce Clause)
1075
In National Pork Producers v. Ross, the Supreme Court reviewed whether California's Proposition 12 regulatory requirements relating to conditions for in-state pork sales unconstitutionally interfered with out-of-state businesses in violation of the dormant commerce clause. |
May 15, 2023 |
Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (Sovereign Immunity)
494
"The question presented is whether the statute categorically abrogates (legalspeak for eliminates) any sovereign immunity the board enjoys from legal claims. We hold it does not. Under long-settled law, Congress must use unmistakable language to abrogate sovereign immunity. Nothing in the statute creating the board meets that high bar." (First paragraph of Justice Kagan's majority opinion). |
May 15, 2023 |
Percoco v. United States (Jury Instructions)
556
In Percoco v. United States, the Supreme Court considered whether a private citizen with influence over government decision-making can be convicted for wire fraud on the theory that he or she deprived the public of its “intangible right of honest services.” Joseph Percoco, former Executive Deputy Secretary to New York Governor Andrew Cuomo, was charged with conspiracy to commit honest-services wire fraud. Percoco accepted payments while on hiatus from government service to assist a real-estate development company (while he was running Governor Cuomo's re-election campaign for eight months). |
May 15, 2023 |
Ciminelli v. United States (Wire Fraud)
456
In Ciminelli v. United States, the Supreme Court ruled that the Second Circuit's right-to-control theory of wire fraud cannot be used as the basis for a conviction under federal fraud statutes. Louis Ciminelli was convicted of federal wire fraud for his involvement in a scheme to rig the bid process for state-funded development projects under Governor Andrew Cuomo. The Government relied on the right-to-control theory, which establishes wire fraud by depriving a victim of potentially valuable economic information. The conviction turned on whether the Second Circuit's established "righto-to-control" theory is sufficient to establish federal wire fraud. The Supreme Court held that the right to valuable economic information is not a traditional property interest and therefore cannot form the basis for a wire fraud conviction under the relevant statutes. Read by Jake A. Leahy. |
May 15, 2023 |
Santos-Zacaria v. Garland (Immigration / Exhaustion of Administrative Remedies)
523
In Santos-Zacaria v. Garland, the Supreme Court reviewed two questions. First, whether §1252(d)(1) is jurisdictional; and second, whether a non-citizen is required to request reconsideration of an adverse board action to fully exhaust administrative remedies under the law. |
May 14, 2023 |
MOAC Mall Holdings LLC v. Transform Holdco LLC (Bankruptcy Jurisdiction)
541
Section 363(m) of the U.S. Bankruptcy Code is not a jurisdictional provision. Courts should not construe a statute to be jurisdictional unless clearly stated. A jurisdictional provisions puts a limit on the jurisdiction of federal courts. Guest recorded by Jeff Barnum. |
May 08, 2023 |
Turkiye Halk Bankasi A.S. v. United States (Foreign Immunity)
494
Turkiye Halk Bankasi A.S. (Halkbank) vs. the United States involves the criminal prosecution against Halkbank for evading American economic sanctions against Iran. Halkbank claims immunity, as an instrumentality of a foreign state under the Foreign Sovereign Immunities Act of 1976 (FSIA). The Supreme Court held that the District Court has jurisdiction over this criminal prosecution of Halkbank, that the FSIA's comprehensive scheme governing claims of immunity in civil actions against foreign states, and their instrumentalities does not cover criminal cases. The Court concluded that the FSIA's provisions extend only to the civil context. Guest recorded by Jeff Barnum. |
May 08, 2023 |
Wilkins v. United States (Quiet Title Act)
513
In Wilkins v. United States, the Supreme Court addressed a dispute between property owners in rural Montana and the government regarding a road easement. The government claimed that the easement included public access, while the property owners disagreed. The property owners sued the government under the Quiet Title Act, but the government argued that their claim was barred by a 12-year time limit in the Act. The Court held that the time limit was a nonjurisdictional claims-processing rule and not a jurisdictional bar. It concluded that the Act's text and context did not indicate a clear statement of jurisdictional consequences. The Court also determined that previous Supreme Court decisions did not definitively interpret the relevant statute as jurisdictional. Justice Sotomayor delivered the majority opinion, joined by Justices Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson. Justice Thomas filed a dissenting opinion, joined by Chief Justice Roberts and Justice Alito. Syllabus read by guest reader Jeff Barnum. |
May 08, 2023 |
New York v. New Jersey (Interstate Compact)
283
New York and New Jersey entered into a compact in 1953 to establish the Waterfront Commission of New York Harbor to conduct regulatory and law enforcement activities at the Port, and in 2018, New Jersey sought to withdraw from the Compact, resulting in New York filing a bill of complaint in this Court. HELD: Despite New York's opposition, New Jersey is permitted to withdraw from the Waterfront Commission Compact. Recorded by Jeff Barnum. |
May 03, 2023 |
Axon Enterprises v. FTC (Administrative Jurisdiction)
754
Michelle Cochran and Axon Enterprise each filed a federal district court lawsuit, challenging the constitutionality of the agency proceedings against them in separate enforcement actions initiated in the SEC and the FTC. Both suits were initially dismissed for lack of jurisdiction, but the Fifth Circuit disagreed as to the SEC question, finding that Cochran's claim would not receive "meaningful judicial review" in a court of appeals, was "wholly collateral to the Exchange Act's statutory-review scheme," and fell "outside the SEC's expertise." The Ninth Circuit affirmed the district court's dismissal of Axon's constitutional challenges to the FTC proceeding. HELD: District court's continue to have jurisdiction over federal questions arising from constitutional challenges, notwisthstanding the Securities Exchange Act and Federal Trade Commission Act. |
May 02, 2023 |
Luna Perez v. Sturgis Public Schools (ADA in Public Schools)
383
Miguel Luna Perez, a deaf student who attended schools in Michigan's Sturgis Public School District, was denied graduation. his family filed a complaint with the Michigan Department of Education claiming that the district failed to provide him with a free and appropriate public education under the Individuals with Disabilities Education Act (IDEA). The parties reached a settlement, and Perez then sued under the Americans with Disabilities Act (ADA), seeking compensatory damages, but the district court dismissed the suit, and the Sixth Circuit affirmed; based on IDEA's requirement that plaintiffs exhaust administrative procedures before seeking relief that is also available under IDEA. HELD: The Individuals with Disabilities Education Act does not require Perez to exhaust administrative remedies before filing an action, because IDEA does not provide for compensatory damages. |
May 02, 2023 |
Delaware v. Pennsylvania (Unclaimed Property)
588
The Disposition of Abandoned Money Orders and Traveler's Checks Act requires that abandoned property from a "money order . . . or other similar written instrument," be returned to the state where the property was purchased. This rule is different from the common law, which requires that unclaimed property be returned to the state of incorporation, not the state of purchase. The Supreme Court held that Agent Checks and Teller's Checks, offered by MoneyGram, were sufficiently similar to a money order to be governed by the statutory framework. As a result, these products offered by MoneyGram should be returned to the state of purchase when unclaimed, rather than the state of incorporation (most often, Delaware). Justice Jackson delivered the opinion of the unanimous court (although the Court was not unanimous for a portion of the decision, there is no dissent regarding that portion). |
Apr 27, 2023 |
Bartenwerfer v. Buckley (Bankruptcy)
477
In Bartenwerfer v. Buckley, the Supreme Court held that the discharge exceptions under Section 523(a)(2)(a) of the U.S. Bankruptcy Code apply to an individual debtor, regardless of said debtor's culpability in the fraud. Recorded by Jake Leahy. |
Apr 27, 2023 |
Bittner v. United States (Bank Secrecy Act)
676
Bittner, was required to file reports under the Bank Secrecy Act (BSA). In 2004, Congress amended the law to create a penalty for the non-willful failure to file certain reports pertaining to foreign bank accounts. After filing reports, Bittner was assessed penalties for over fifty accounts that he had failed to report over several years. The Secretary of the Treasury assessed a penalty for his non-willful failure to file in the amount of $10,000 per account per year, while Bittner claimed the amount should be $10,000 per annual report. Bittner was assessed a penalty of $2.7 million. The Fifth Circuit ruled in favor of the United States. Bittner appealed. Justice Gorsuch wrote the opinion of the court reversing the Fifth Circuit, finding in favor of Bittner. Recorded by Jake Leahy. |
Apr 27, 2023 |
Helix Energy v. Hewitt (Overtime pay)
790
In Helix Energy Solutions Group, Inc., et al. v. Hewitt, the Supreme Court ruled that an employee paid a daily rate does not qualify for an exemption from the Fair Labor Standards Act (FLSA) overtime pay requirements, unless they satisfy the conditions set out in Section 541.604(b). Michael Hewitt, a former employee of Helix, sued his employer claiming overtime pay under FLSA, as he worked 84 hours a week while on the vessel, but Helix paid him a daily-rate basis with no overtime compensation. The Court concluded that Hewitt was not paid on a salary basis as defined in Section 602(a), and thus was not an executive exempt from FLSA's overtime pay guarantee. |
Apr 24, 2023 |
Cruz v. Arizona (Post conviction)
500
Cruz v. Arizona is a case heard by the US Supreme Court that questioned whether the Arizona Supreme Court's ruling was an adequate ground to preclude review of a federal question. The petitioner, John Montenegro Cruz, was found guilty of capital murder and sentenced to death, and argued that under Simmons v. South Carolina, he should have been allowed to inform the jury that a life sentence in Arizona would be without parole. Cruz sought to raise the Simmons issue again in a state post-conviction petition under Arizona Rule of Criminal Procedure 32.1(g). The Arizona Supreme Court denied relief after concluding that Lynch was not "a significant change in the law". The US Supreme Court held that the Arizona Supreme Court's holding that Lynch was not a significant change in the law is an exceptional case where a state-court judgment rests on such a novel and unforeseeable interpretation of a state-court procedural rule that the decision is not adequate to foreclose review of the federal claim. |
Apr 24, 2023 |
Reed v Goertz (Post conviction relief)
531
Rodney Reed was found guilty of murder and sentenced to death in Texas. He filed a motion under Texas's post-conviction DNA testing law, requesting DNA testing on certain evidence, which he believed would help identify the true perpetrator. The state trial court denied Reed's motion, citing an inadequate chain of custody for the evidence he sought to test. Reed then sued in federal court, arguing that Texas's post-conviction DNA testing law violated procedural due process. The Fifth Circuit dismissed Reed's claim as time-barred, but the Supreme Court held that the statute of limitations for a procedural due process claim begins to run when the state litigation ends, in this case when the Texas Court of Criminal Appeals denied Reed's motion for rehearing. The Court ultimately reversed the Fifth Circuit's decision and remanded the case for further proceedings. |
Apr 24, 2023 |
Arellano v. McDonough (Equitable tolling of veteran benefits)
502
In Arellano v. McDonough, the Supreme Court of the United States ruled that Section 5110(b)(1) of the Veterans' Benefits Act is not subject to equitable tolling. The case involves the effective date of an award of disability compensation to a veteran of the United States military. Adolfo Arellano applied to the Department of Veterans Affairs (VA) for disability compensation based on his psychiatric disorders approximately 30 years after his honorable discharge from the Navy. Arellano argued that his award's effective date should be governed by an exception in § 5110(b)(1), which makes the effective date the day following the date of the veteran's discharge or release if application is received within one year of such date. However, the Supreme Court held that equitably tolling the provision would depart from the terms that Congress "specifically provided." |
Apr 24, 2023 |
Fed Election Coms’n v Ted Cruz (Free Speech/Campaign loan repayment)
747
|
Aug 16, 2022 |
Shinn v Martinez-Ramirez (Fed post conviction relief)
716
|
Aug 16, 2022 |
Shinn v Martinez-Ramirez
716
|
Aug 16, 2022 |
Gallardo v Marstiller (State recovery of medicare expenses)
682
|
Aug 16, 2022 |
Morgan v Sundance (Fed Arbitration act)
282
|
Aug 16, 2022 |
Southwest v Saxon (Fed Arbitration act exemptions)
496
|
Aug 16, 2022 |
Seigel v Fitzgerald (Bankruptcy)
653
|
Aug 16, 2022 |
Kemp v US (Civil Procedure)
511
|
Aug 08, 2022 |
Egbert v Boule (Bivens)
634
|
Aug 08, 2022 |
Garland v Aleman Gonzalez (Immigration and Jurisdiction)
510
|
Aug 07, 2022 |
Johnson v Arteaga-Martinez (Immigration and bond)
463
|
Jul 31, 2022 |
DENEZPI v. UNITED STATES (Dual Sovereignty/Double Jeopardy)
509
The Dual sovereignty exception to Double jeopardy is not implicated by the sovereignty of the court personnel, but by the sovereignty of the AUTHORITY under which that court operates. |
Jul 31, 2022 |
ZF Automotive v Luxshare (discovery in international arbitration).
734
§1782 does not authorize district courts to demand discovery for international arbitration. |
Jul 31, 2022 |
Viking River cruises v Moriana (Arbitration and California Law)
752
Not really sure. |
Jul 29, 2022 |
Golan v Saada (Hague Convention--Child Abduction)
474
|
Jul 16, 2022 |
YSLETA DEL SUR PUEBLO ET AL. v. TEXAS (Indian Gaming)
757
Texas’ bingo laws are regulatory in nature, therefore it may not prevent the Tribe from offering bingo on reservation lands. |
Jul 16, 2022 |
American Hospital Asn v Becerra (Medicare payments to hospitals)
417
|
Jul 16, 2022 |
Carson v Makin (1a Free Exercise)
689
Not allowed to discriminate based solely on religion. |
Jul 16, 2022 |
George v McDonough (VA Benefits)
449
The decision below did not meet the “clear and unmistakable error” |
Jul 16, 2022 |
Shoop v Twyford (All Writs act/Post conviction relief).
536
Prisoner here can’t use the all writs act to help him develop evidence that may not be admissible. |
Jul 16, 2022 |
US v WA (intergovernmental immunity & Workers Comp)
511
|
Jul 09, 2022 |
US v Taylor (crime of violence)
537
“Crime of violence” requires the underlying crime supporting it to require the government to prove “violence” beyond a reasonable doubt. |
Jul 09, 2022 |
Vega v Tekoh (5a, §1983)
642
Court declines to extend §1983 suits to violations of prophylactic rules protecting constitutional rights. |
Jul 09, 2022 |
Marietta health plan v. Davita (medicare)
289
|
Jul 09, 2022 |
Dobbs Dissent Part 1
3528
|
Jul 03, 2022 |
Nance v Ward (death penalty)
579
Prisoners can still challenge the death penalty using an (as yet not state authorized) substitute method. |
Jul 02, 2022 |
BERGER v. NC NAACP (Civil Procedure for Government entities)
704
Here the legislature can be it’s own litigational party. |
Jul 02, 2022 |
BECERRA v. EMPIRE HEALTH (DHS Medicare fraction computation)
727
“Entitled” here does not mean “to receive“ |
Jul 02, 2022 |
XIULU RUAN v. UNITED STATES (Crim Statutory interp. “Knowingly”
717
Knowingly/Intentionally applies to the “authorized” exception of this statute. |
Jul 02, 2022 |
Torres v TX Dept Pub saf (Constitutional law)
692
The logic of the commerce clause extends to Congress’ power to raise an army and navy. |
Jul 02, 2022 |
Conception v US (Sentencing, first step act)
838
|
Jul 02, 2022 |
Oklahoma v Castro-Huerta (Non indian crimes—against Indians—in Indian country)
512
Can be prosecuted by states. |
Jul 02, 2022 |
Biden v Texas (Immigration)
873
|
Jul 02, 2022 |
WV v EPA (Major Questions doctrine)
1188
Generation shifting of powerplant types is a “major question” that the legislature did not clearly designate to the EPA. |
Jul 02, 2022 |
Kennedy v Bremerton school district (Free Exercise 1a)
890
Here a coach is allowed to pray at midfield after games. |
Jun 28, 2022 |
NY Rifle and Pistol v Bruen (2a)
1131
Striking down New York’s restrictions on concealed carry licensing. |
Jun 28, 2022 |
Cummimgs v Premier Rehab (Remedies for federally funded programs)
678
Here Emotional distress damages are not allowed. |
Jun 25, 2022 |
Shurtleff v Boston (Free speech v Establishment Clause)
595
Here A flag at city hall is not government speech. |
Jun 25, 2022 |
Boechler v IRS (§6330(d)(1) tolling)
600
This particular subsection is toll-able |
Jun 25, 2022 |
Dobbs v [Jackson] Women’s Health (Abortion)
1391
Roe and Casey are overruled. |
Jun 25, 2022 |
US v VAELLO MADERO (Territory governance)
294
|
Jun 05, 2022 |
Brown v Davenport
723
In this case the AEDPA and Brect must BOTH be followed. |
Jun 05, 2022 |
CASSIRER v. THYSSEN-BORNEMISZA (FSIA — Choice of law)
510
My limited understanding:
|
May 31, 2022 |
Austin, TX v Reagan National Advertising (1a Free Speech)
541
The requirement to read a sign to determine it’s compliance, by reference to the sign’s location, with a city ordinance banning off premises advertising, does not infringe 1a freedom of speech. |
May 31, 2022 |
Badgerow v Walters (Arbitration Jurisdiction FAA Look through)
538
Sections 9 and 10 do not contain “look through” provisions |
May 15, 2022 |
Thompson v Clark (§1983 Malicious Prosecution)
386
Lawsuit may proceed. |
May 15, 2022 |
Ramirez v Collier (RLUIPA)
938
Texas’s rule against pastor laying hands on and praying with a prisoner in his final moments during a state execution is a violation of the religious land use and institutionalized persons act of 2000. |
May 14, 2022 |
Houston Community College system v Wilson (1a Free Speech)
460
Free speech not implicated by deliberative body censure. |
May 14, 2022 |
WISCONSIN LEGISLATURE v. WISCONSIN ELECTIONS COMM’N (VRA factors)
900
The Wisc Supreme Court did not properly consider the race based changes to the voting map. |
Apr 02, 2022 |
Wooden v US (ACCA “Occasions”)
494
where where one short duration crime ends and another begins nearly simultaneously the crimes are not separate “occasions” for ACCA purposes. |
Mar 08, 2022 |
Cameron (Kentucky) v EMW Women’s Health (Appeal procedure)
637
This is not about abortion, it’s about procedure. |
Mar 08, 2022 |
FBI v Fazaga (State Secrets v §1806)
535
State Secrets wins. |
Mar 08, 2022 |
US v Tsarnaev (Evidence & Jury selection)
602
|
Mar 08, 2022 |
United States v Zubaydah (State Secrets v §1782 discovery)
513
|
Mar 07, 2022 |
UNICOLORS, INC. v. H&M (Copyright Safharbor)
520
§411(a)’s safeharbor protects unknowing errors of law AND fact. |
Feb 25, 2022 |
HUGHES v. NORTHWESTERN UNIV. (ERISA)
325
|
Jan 25, 2022 |
Hemphill v New York (6a Confrontation -- Rules of evidence)
563
The trial court violated the Petitioner’s 6th Amendment right to confront witnesses against him. |
Jan 22, 2022 |
Biden v Missouri (HHS Medicare/Medicaid Vaccine Mandate)
1265
The Court stays a stay of a vaccine mandate for Medicare and Medicaid facility employees. |
Jan 15, 2022 |
Babcock v Kijakazi (Dual status technician retirement)
444
For purposes here Only Babcock’s National Guard service payments are payments for service “as a member of a uniformed service” not his technicians pay. |
Jan 15, 2022 |
NIFB v OSHA (Vaccine Mandate)
1186
Granting a stay of OSHA’s vaccine mandate. |
Jan 15, 2022 |
WHOLE WOMAN’S HEALTH v. JACKSON
792
Petitioners may pursue a pre enforcement challenge against certain of the named defendants, but not others (rejecting some on standing, and some on sovereign immunity). |
Dec 10, 2021 |
MISSISSIPPI v. TENNESSEE (Water)
487
equitable apportionment and multi state Aquifers |
Nov 23, 2021 |
CITY OF TAHLEQUAH v. BOND (Qualified Immunity)
615
Here, officers are entitled to QI. |
Oct 23, 2021 |
RIVAS-VILLEGAS v. CORTESLUNA (Qualified Immunity).
789
This case grants Officer Rivas-Villegas QI. |
Oct 23, 2021 |
AL ASSN. OF REALTORS v. DHHS (Eviction moratorium)
1099
The lower court ruled the department of health and human services lacked the authority to continue the eviction moratorium after Congress did not extend it. The lower court, however, stayed enforcement of that order, The Supreme Court, in this case, lifted the stay which ends the eviction moratorium. |
Aug 27, 2021 |
Brnovich v. DNC (VRA)
1092
|
Jul 03, 2021 |
Americans for Prosperity v Bonta (1st Amendment)
681
|
Jul 03, 2021 |
MINERVA v. HOLOGIC (assignor estoppel)
668
|
Jul 03, 2021 |
Johnson v Guzman Chavez (Immigration)
617
|
Jul 03, 2021 |
PENNEAST PIPELINE CO. v. New Jersey (Eminent domain against states)
906
|
Jul 01, 2021 |
Pakdel v San Francisco
822
|
Jun 30, 2021 |
Lombardo v St. Louis (Police use of force)
430
The issue was improperly considered below. |
Jun 28, 2021 |
Transunion v Ramirez (Standing)
608
Article III Standing. |
Jun 28, 2021 |
HollyFrontier v Renewable Fuels Assoc. (biofuel blending requirements)
578
|
Jun 28, 2021 |
Yellen v Chehalis (ANCs)
429
ANCs are tribes in regards to the CARES Act. |
Jun 28, 2021 |
COLLINS v. YELLEN (FHFA/ appointments)
1133
|
Jun 24, 2021 |
LANGE v. CALIFORNIA (4a-Fleeing Misdemeanant)
429
|
Jun 24, 2021 |
Mahanoy v BL (Student free speech)
393
|
Jun 24, 2021 |
NCAA v Alston (Athlete compensation)
620
|
Jun 22, 2021 |
GOLDMAN SACHS GROUP, INC. v. ARKANSAS TEACHER RETIREMENT SYSTEM
482
|
Jun 22, 2021 |
UNITED STATES v. ARTHREX (appointments clause/APJs/PTO)
680
|
Jun 22, 2021 |
CALIFORNIA v. TEXAS (ACA)
554
Affordable Care Act is upheld. |
Jun 18, 2021 |
FULTON v. PHILADELPHIA (Free Exercise)
603
Held: The refusal of Philadelphia to contract with CSS for the provision of foster care services unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amend- ment. |
Jun 18, 2021 |
NESTLE USA v. DOE (ATS)
298
|
Jun 18, 2021 |
GREER v. U.S. (Felon in possession)
472
|
Jun 15, 2021 |
Terry v U.S. (Fair sentencing act limits)
316
|
Jun 15, 2021 |
Borden v US (ACCA, Recklessness)
497
Reckless crimes do not count towards ACCA “violent felony” strikes. |
Jun 13, 2021 |
Sanchez v. Mayorkas (Immigration)
297
LPR Status in this case requires a lawful entry. |
Jun 08, 2021 |
VAN BUREN v. U.S. (Computer Fraud and Abuse act of 1986)
718
|
Jun 06, 2021 |
Garland v Dai (immigration)
532
|
Jun 06, 2021 |
U.S. v Cooley (Powers of Tribal police) (corrected audio)
401
Tribal law enforcement officers may detain, search, and transport non tribal members suspected of criminal activity on tribal lands. |
Jun 06, 2021 |
San Antonio v. HOTELS.com (FRCP R.39, costs)
390
|
May 29, 2021 |
UNITED STATES v. PALOMAR-SANTIAGO (Immigration)
323
|
May 26, 2021 |
GUAM v. UNITED STATES (CERCLA/Dump case)
448
|
May 26, 2021 |
EDWARDS v. VANNOY (retroactivity - CrimPro 6A)
413
Ramos is not applied retroactively on collateral review. |
May 22, 2021 |
BP P.L.C. v. CITY OF BALTIMORE (FRCP)
537
|
May 22, 2021 |
CIC SERVS., LLC v. IRS (APA/Anti Injunction act)
358
|
May 21, 2021 |
CANIGLIA v. STROM (4A - “Community caretaking” exception)
210
Police can not use the community caretaking exception to the 4th Amendment’s warrant requirement to enter a home after a completed mental welfare check. |
May 21, 2021 |
NIZ-CHAVEZ v. GARLAND (Stop Time)
484
Back recording after a break for Finals. |
May 14, 2021 |
ALASKA v. WRIGHT (Sex offender registration)
322
Wright was not in custody pursuant to the judgement of a state court, where he had served his state sentence and was convicted in a federal court for violating the sex offender registry requirement. |
Apr 28, 2021 |
JONES v. MISSISSIPPI (life sentences on people under age 18)
307
|
Apr 24, 2021 |
CARR v. SAUL (issue exhaustion and constitutional law)
369
|
Apr 24, 2021 |
AMG CAPITAL v. FTC (Monetary relief)
392
|
Apr 24, 2021 |
TANDON v. NEWSOM (free exercise of religion)
453
Reversing the 9th Cir denial of injunctive relief. |
Apr 11, 2021 |
Google v Oracle (Copyright)
675
Google’s use of a small portion of the Java SE API is “fair use”. |
Apr 07, 2021 |
FL v GA (State Water dispute)
334
Florida could not carry it’s burden of proof for an adjustment/equitable apportionment. |
Apr 03, 2021 |
FCC v. PROMETHEUS RADIO (APA)
281
This action is not arbitrary and capricious. |
Apr 03, 2021 |
FACEBOOK v. DUGUID (Auto Dialers / TCPA)
474
Defining facebook’s login notification system as outside the definition provided in the TCPA. |
Apr 03, 2021 |
Mays v Hines (Effective assistance of counsel)
971
No ineffective assistance of counsel in this case. |
Mar 30, 2021 |
FORD MOTOR CO. v. MONTANA EIGHTH JUDICIAL DIST. COURT (Personal Jurisdiction)
502
Personal Jurisdiction (Specific) upheld. |
Mar 26, 2021 |
Torres v Madrid (4th Amendment)
380
For 4th amendment purposes, Officers seized a woman when they shot her twice as she fled, even though she got away. |
Mar 26, 2021 |
UZUEGBUNAM v. PRECZEWSKI (Standing and nominal damages)
392
Nominal damages can satisfy the damages requirement for ART. III standing, for a completed constitutional violation of rights. |
Mar 08, 2021 |
Pereida v. Wilkinson (Immigration)
512
Pereida did not carry his burden to prove he had not been convicted of certain crimes. |
Mar 04, 2021 |
USFWS v SIERRA CLUB (FOIA and Deliberative documents)
400
FOIA does not cover “drafts of draft biological opinions.“ because (in part) they are deliberative documents, and thus exempt. |
Mar 04, 2021 |
Brownback V King (Qualified Immunity)
275
Opinion has a remand in the footnotes that the syllabus does not seem to mention. |
Feb 26, 2021 |
SALINAS v. RAILROAD RETIREMENT BD
436
Judiciary has power to review, but only for abuse of discretion. |
Feb 04, 2021 |
GERMANY v. PHILIPP
642
No help with recovering art stolen by Nazis from German Jews. |
Feb 04, 2021 |
Chicago v. Fulton (Bankruptcy)
296
During bankruptcy proceedings, The city does not have to return impounded vehicles held for non payment of fines. |
Jan 14, 2021 |
Trump v New York (No standing)
773
Case dismissed for lack of standing. |
Dec 20, 2020 |
Shinn v Kayer (death penalty, fed deference, ineffective assistance).
1487
|
Dec 15, 2020 |
Texas v New Mexico (Water Rights)
259
Water rights |
Dec 15, 2020 |
Tanzin v Tanvir (RFRA Damages)
274
1st Amendment, RFRA |
Dec 11, 2020 |
Carney v Adams (Delaware judicial selections/Standing)
361
Plaintiff lacks standing. |
Dec 11, 2020 |
United States v Briggs (UCMJ SOL)
299
Holding that the term “punishable by death” in the UCMJ is basically a term of art. |
Dec 11, 2020 |
Rutledge v Pharmaceutical care management assoc
426
Ark Act 900 stands in the relevant part |
Dec 11, 2020 |
Roman Catholic diocese of Brooklyn v. Cuomo (Religious Freedom and Covid-19)
741
Grant of relief, enjoining NY Gov Cuomo from enforcing restrictions on religious gatherings. |
Nov 26, 2020 |
Taylor v Riojas (Qualified Immunity)
720
|
Nov 02, 2020 |
McKesson v Doe (1A & Deference to State law)
564
|
Nov 02, 2020 |
BARR v. LEE (Death Penalty)
310
Reversing a preliminary injunction - allowing executions to move forward for federal prisoners. |
Jul 14, 2020 |
TRUMP v. MAZARS
713
Presidential subpoenas. |
Jul 10, 2020 |
McGIRT v. OKLAHOMA (MCA, Indian country, and eastern Oklahoma)
461
MCA, "Indian country" and eastern Oklahoma. |
Jul 10, 2020 |
OUR LADY OF GUADALUPE SCHOOL v. MORRISSEY-BERRU
538
Employment discrimination claims in these cases are foreclosed by the Ministerial exception. |
Jul 10, 2020 |
TRUMP v. VANCE
835
Presidential Subpoenas |
Jul 10, 2020 |
LITTLE SISTERS OF THE POOR SAINTS PETER AND PAUL HOME v. PENNSYLVANIA
550
RFRA, ACA & Contraceptives. As well as the APA & Interim Final Rulemaking. |
Jul 09, 2020 |
BARR v. AMERICAN ASSN. OF POLITICAL CONSULTANTS (Robo Calls)
388
No exception for government debt. |
Jul 07, 2020 |
CHIAFALO v. WASHINGTON (Faithless Electors)
437
Also Colorado Department of State v Baca |
Jul 07, 2020 |
PTO v Booking.com (Trademark)
317
Booking.com is not a generic name. |
Jul 03, 2020 |
ESPINOZA v. MONTANA DEPT. OF REVENUE (Freedom of religion)
392
Can’t discriminate solely on the basis of religious affiliation (distinguishing religious conduct as different). |
Jul 03, 2020 |
AGENCY FOR INT’L DEVELOPMENT v. ALLIANCE FOR OPEN SOCIETY INT’L
266
First Amendment argument fails. |
Jul 01, 2020 |
SEILA LAW LLC v. CFPB
800
The appointment and removal provisions for the director of the CFPB is unconstitutional, but this stuff is severable from the dodd frank act. |
Jul 01, 2020 |
JUNE MEDICAL SERVICES v. RUSSO (Abortion)
695
A Louisiana law requiring admitting privileges at nearby hospitals for abortion doctors is unconstitutional. |
Jun 29, 2020 |
DHS v. THURAISSIGIAM
491
Habius is not useful in requesting asylum determination review, just for release from custody. |
Jun 27, 2020 |
Liu v SEC (Disgorgement in SEC Equity)
482
Some stuff about equitable principles. |
Jun 22, 2020 |
DEPARTMENT OF HOMELAND SECURITY v. REGENTS OF UNIV. OF CA (DACA)
879
DACA can not be rescinded without further/better explanation by the DHS. |
Jun 19, 2020 |
US FOREST SERVICE v. COWPASTURE RIVER PRESERVATION (Pipeline under Appalachian trail)
455
Supreme court considers the disputed land an easement to the National park service, thus in this case the pipeline permit is ok. |
Jun 16, 2020 |
Bostock v Clayton Co (Title VII -Transgender/Gay)
711
Title VII of the civil rights act makes it illegal to discriminate in employment against people for being gay, or transgender. |
Jun 15, 2020 |
LOMAX v. ORTIZ-MARQUEZ (PLRA Strikes)
274
In regards to the Prison litigation reform act §1915(g)’s 3 strikes rule, qualifying dismissals count as strikes regardless as to if they are dismissed with or without prejudice. |
Jun 08, 2020 |
BANISTER v. DAVIS - Rule 59(e) petitions
513
|
Jun 02, 2020 |
THOLE v. U. S. BANK (Standing)
270
|
Jun 02, 2020 |
NASRALLAH v. BARR (CAT Removal appeals - Immigration)
431
Appealing CAT orders is allowed in this case. |
Jun 02, 2020 |
GE ENERGY POWER CONVERSION FRANCE v. OUTOKUMPU STAINLESS
484
|
Jun 02, 2020 |
FINANCIAL OVERSIGHT AND MANAGEMENT BD. FOR PUERTO RICO v. AURELIUS INVESTMENT,
572
The board can stay, they are primarily considered to be local officers, not federal officers. |
Jun 02, 2020 |
OPATI v. REPUBLIC OF SUDAN
354
Can sue for punitive damages in this case. |
May 18, 2020 |
LUCKY BRAND DUNGAREES v MARCEL FASHIONS (Issue/claim preclusion)
338
This issue is not similar enough to qualify for defensive issue or claim preclusion. |
May 15, 2020 |
KELLY v. UNITED STATES (Bridgegate)
297
Regarding the wore fraud charges not being appropriate. |
May 08, 2020 |
US v SINENENG-SMITH (Party Presentation rule)
294
9th Circuit can not make this case about something that the parties had not already presented. |
May 08, 2020 |
NY STATE RIFLE & PISTOL v. CITY OF NEW YORK
216
Vacated and remanded for further proceedings. Mostly Moot/can’t assert a new clam here. |
Apr 27, 2020 |
Georgia v Public.Resource.org
509
The annotations are not copyrightable. |
Apr 27, 2020 |
MAINE COMMUNITY HEALTH OPTIONS v. UNITED STATES (Risk Corridors)
588
The government obligated itself to pay in this instance. (Health insurance risk corridors) |
Apr 27, 2020 |
BARTON v BARR (Stop Time cancellation of removal)
498
|
Apr 25, 2020 |
MAUI, HAWAII v. HAWAII WILDLIFE FUND (Point Source)
599
The point source case. |
Apr 24, 2020 |
ROMAG FASTENERS v. FOSSIL GROUP (Willfulness in infringment)
237
Willfullness not specifically required under §1125(a). |
Apr 24, 2020 |
THRYV, INC. v. CLICK-TO- CALL (§314, Inter Partes review)
408
Reviewability of decision to do an inter partes review. |
Apr 21, 2020 |
Ramos v Louisiana (Right to unanimous jury)
525
The 6th amendment (through the 14th) requires unanimous jury to convict on serious crimes. |
Apr 20, 2020 |
ATLANTIC RICHFIELD v. CHRISTIAN (Superfund)
687
Dispute over a superfund site in Montana. |
Apr 20, 2020 |
Democratic NC v Republican NC
487
PC Opinion on an Injunction relating to the election in Wisconsin. |
Apr 07, 2020 |
Babb v Wilkie (Age Discrimination)
573
ADEA |
Apr 07, 2020 |
Kansas v Glover (probable cause)
292
Without additional information to rebut the presumption, it is reasonable for an officer to believe a vehicle belonging to a driver with a revoked license is being driven by the owner. |
Apr 07, 2020 |
CITGO v Frescati
526
Safe berth clause of sub charter agreement In this case means safe berth, not due diligence. |
Mar 31, 2020 |
Davis v US (appeal of plain error)
343
Telling the 5th circuit to review for plain error. |
Mar 25, 2020 |
Comcast v Natl Assn. African American media
414
Court says §1981 still needs but-for causation. |
Mar 24, 2020 |
Kahler v Kansas (Insanity Defense)
461
the court refuses to set a constitutional bar for the insanity defense. |
Mar 24, 2020 |
Allen v Cooper (copyright/state sov immunity)
449
Court holds CRCA does not properly abrogate state sovereign immunity against copyright infringement. |
Mar 24, 2020 |
Guerrero-Lasprilla v Bar (Immigration)
631
In this case the question is a “question of law” |
Mar 23, 2020 |
Kansas v Garcia
615
The fact info is used on the I-9 form, does not preempt that information (submitted on other forms) from being used to prosecute for fraud. |
Mar 03, 2020 |
Holguin-Hernandez v US
257
petitioner did enough to preserve right of appeal. |
Feb 28, 2020 |
Intel v Sulyma
324
ERISA - Defining “Actual Knowledge” as being Actual Knowledge. |
Feb 28, 2020 |
Shular v US
409
ACCA arguments, including things depending on what the definition of “is” is. |
Feb 28, 2020 |
Hernandez v Mesa
464
Court refuses to extend Bivens to the cross border shooting of a child by a border patrol officer. |
Feb 25, 2020 |
Rodriguez v FDIC
221
In Re the Bob Richards rule. |
Feb 25, 2020 |
McKinney v Arizona
233
Death penalty appeal in re Clemons (because Ring and Hurst aren’t retroactive on collateral review) |
Feb 25, 2020 |
Monasky v Taglieri
410
Considering the Hague convention’s definition of “habitual residence” of a child and a few other factors in re: “returning” a child |
Feb 25, 2020 |
Rom Catholic Church of PR v Feliciano
984
Once a case is removed to federal court, the state court can’t do anything, until federal courts are finished. |
Feb 24, 2020 |
Retirement...IBM v Jander (ERISA)
326
Court say ERISA and the fiduciary duty of ESOP administrators is complecated. |
Jan 14, 2020 |
Ritzen v Jackson (bankruptcies)
354
|
Jan 14, 2020 |
Peter v NantKwest (American rule)
324
PTO can not recover attorney fees via §145, because ”all expenses” is not sufficient to overcome the American Rule. |
Dec 11, 2019 |
Rotkiske v Klemm (FDCPA)
253
refusing to read in a time of discovery exception into the FDCPA’s §1692k(d) 1-year statute of limitations. |
Dec 11, 2019 |
Thompson v Hebdon (election contributions)
572
Court isn’t to fond of Alaska’s low political contributions limits. |
Nov 25, 2019 |
Montgomery v Louisiana (2015 Case\equipment check)
533
A case recently argued about in Mathena v. MalvoUploading to check equipment and upload ability to podcast sources before we start getting new decisions. |
Oct 19, 2019 |
DOC v New York (Citizenship question)
970
In re the census citizenship question. |
Jun 30, 2019 |
Mitchell v Wisconsin (BAC testing while unconscious)
416
It’s legal. |
Jun 29, 2019 |
Rucho v Common cause (partisan gerrymandering)
758
No help from the courts on partisan gerrymandering. |
Jun 28, 2019 |
US v Haymond (5a 6a, right to jury)
486
|
Jun 28, 2019 |
TN wine & spirits v Thomas (21st Amendment / DCC)
783
Under the 21st amendment and the dormant commerce clause, Tennessee’s two-year residency requirement for new alcohol sales licensing is unconstitutional. |
Jun 27, 2019 |
Kisor v Wilkie (Auer deference)
766
Auer and seminole rock stand. |
Jun 27, 2019 |
US v Davis (void for vagueness)
527
Holding ”crime of voilence” to be unconstitutionally vague. |
Jun 24, 2019 |
Dutra v Batterton (Admiralty, unseaworthyness)
363
Punitive damages are not available for unseaworthiness claims. |
Jun 24, 2019 |
Iancu v Brunetti (FUCT TRADEMARK)
276
PTO can not refuse trademarks on grounds that they are ”immoral or scandalous”. |
Jun 24, 2019 |
Food mktg v Argus Leader (FOIA)
408
This info is confidential under part 4 of FOIA exceptions. |
Jun 24, 2019 |
Flowers v Mississippi (Batson)
476
|
Jun 21, 2019 |
Knick v Township of Scott PA (takings)
557
Williamson co. Is overruled |
Jun 21, 2019 |
Rehaif v US (knowingly)
359
”knowingly” in sec 924(a)(2) means ”knowingly” |
Jun 21, 2019 |
Kaestner Trust v NC
387
NC Can not tax this trust in this instance, based on only state residence. |
Jun 21, 2019 |
Gundy v US (delegation of power)
668
The sex offender registry’s registration of pre act offenders in not an issue of unconstitutional congressional delegation. |
Jun 20, 2019 |
McDonagh v Smith (fabricated evidence)
458
When does the limitations period clock start ticking in re a claim of fabricated evidence. |
Jun 20, 2019 |
PDR v Carlton & Harris (unsolicited advertisement)
286
Remand for consideration of a few things. |
Jun 20, 2019 |
Am Legion v Am Humanist Assoc. (establishment clause)
1200
The Bladensburg cross may remain. |
Jun 20, 2019 |
Gamble v US (sep sovereigns doctrine)
392
The separate sovereigns doctrine is not implicated by double jeopardy. |
Jun 17, 2019 |
VA Uranium v Warren (NRC/AEA)
666
A Virginia ban on Uranium mining is upheld. |
Jun 17, 2019 |
Manhattan CAC v Halleck (1a)
377
The Manhattan community access corp, is not a government actor in regards to the 1st amendment right to free speech. |
Jun 17, 2019 |
Va House v Bethune-Hill (Standing)
431
The house is denied standing. |
Jun 17, 2019 |
Quarles v US (Burglaries & the ACA)
318
Quarles’ burglary conviction counts under the Armed Career Criminal act. |
Jun 12, 2019 |
Return Mail v US Postal Service (Patent and who is a person)
563
In this context, Agents of the sovereign (federal agencies) are not “persons” in this section of the AIA. |
Jun 11, 2019 |
Parker Drilling v Newton
558
CA Law needs to fill a gap in federal law to be applicable on the outer continental shelf, under the OCSLA, it can not simply be “not inconsistent”. |
Jun 10, 2019 |
Azar v Allina health (Medicare “fraction”)
451
In re notice and comment when changing substanitive rules. |
Jun 04, 2019 |
Taggart v Lorenzen (Bankruptcies and Civil Contempt)
289
Vacate and remand, contempt findings in this context require “no fair ground of doubt”. |
Jun 04, 2019 |
Ft Bend, TX v Davis (EEOC)
336
About claim filing rules. |
Jun 04, 2019 |
Mont v US (supervised release tolling)
439
Prisoner does not get credit for his pre trial custody in re his supervised release for another crime. |
Jun 03, 2019 |
Smith v Berryhill (SSA Appeals)
523
Definition of “final decision” |
May 31, 2019 |
Home depot v Jackson (who can remove to federal court)
309
Third party counterclaim defendants can not remove to federal court. |
May 31, 2019 |
Box v Planned Parenthood (Fetal Disposition law)
343
Explicitly stated not to be case about the right to an abortion, although i’m sure the news media will tell you so. |
May 29, 2019 |
Nieves v Bartlett (Retaliatory arrest)
526
Retaliatory arrest claim defeated by probable cause to arrest. |
May 28, 2019 |
Merck & Dohme v Albrecht (Duty to warn/impossibly doctrine)
471
A clarification on what is considered clear evidence that a drug company could not fulfill it’s duty to warn in light of FDA refusals to allow label changes. |
May 21, 2019 |
Mission v Tempnology (contracts in bankruptcy)
375
Breach of a contract under the bankruptcy code still constitutes breach of a contract in this instance. |
May 20, 2019 |
Herrera v WY (Treaty hunting rights)
492
Bighorn national forest is not “occupied lands” in the context of an 1865 treaty. Said treaty did not expire upon Wyoming's statehood. |
May 20, 2019 |
Cochise v US ex. Rel. Hunt (Relator statute of limitations)
435
Regarding relators filing qui tam and when is too late. |
May 14, 2019 |
Apple v Pepper (Anti Trust/Monopoly)
390
Consumers may sue apple for allegedly monopolizing app sales. |
May 13, 2019 |
Tax Board of CA v Hyatt
473
Nevada v Hall is overruled. |
May 13, 2019 |
Thacker v TVA (TVA Specific)
321
The Tennessee Valley Authority is not completely immune from suit, but there may be other exceptions. |
Apr 29, 2019 |
Lamps plus v Varela (forced class arbitration)
415
Courts may not use ambiguous wording about consent to class arbitration to force class arbitration even over the idea of contra proferentem. |
Apr 24, 2019 |
Bestek v Berryhill (unsupported expert testimony)
318
Fyi Scintilla means - |
Apr 01, 2019 |
Bucklew v Precythe (Death Penalty)
481
Bucklew (prisoner) looses this challenge. |
Apr 01, 2019 |
Lorenzo v SEC (securities fraud)
498
Lorenzo can be charged under 10b-5 (a) and (c) even if he does not meet the qualifications to be charged under subsection (b) - as understood through the lens of Janus v SEC. |
Mar 27, 2019 |
Sudan v Harrison
433
Service to a foreign state’s minister of foreign affairs, under FISA can not be to the embassy in the US. |
Mar 26, 2019 |
Sturgeon v Frost (Alaska Hovercraft)
644
The alaska hovercraft case (again). |
Mar 26, 2019 |
Frank v Gaos (cy pres issue avoided)
824
Basically a remand to determine standing. |
Mar 21, 2019 |
Air and liquid systems v DeVries (integrated parts, and liability)
431
In this specific maritime context, manufacturers have a duty to warn when they know a dangerous part will, or must be incorporated into their product, and have reason to believe that users will be unaware of the danger. (Here asbestos). |
Mar 21, 2019 |
Obduskey v. McCarthy & Holthus (Debt collector v Security interest enforcer)
417
For purposes of the fair debt collection practices act, enforcers of security interests are NOT debt collectors. |
Mar 21, 2019 |
Nielsen v Preap (detention of deportable aliens)
603
Section 1226’s order to detain without release certain classes of aliens, does not hinge upon immedate arest upon release from criminal detention. |
Mar 20, 2019 |
Wa dept lisc. v Cougar den (Indigenous peoples' Treaties & fuel tax exemption)
564
An 1855 treaty pre-empts Washington state’s ability to Tax the Yakama nation’s importation of fuel. |
Mar 20, 2019 |
Fourth Estate v Wall-Street.com (copyright registration)
543
Copyright is regestered when the regester regesters it, not when the paperwork is filed. |
Mar 04, 2019 |
BNSF v Loos (RRTA)
459
Railroad retirment act - “compensation” includes payment for lost wages. |
Mar 04, 2019 |
Rimini v Oracle (Full Costs)
366
The word “full” can not modify an already defined “costs”, in this statute. |
Mar 04, 2019 |
Jam v International finance corp (FSIA, IOIA)
429
imunities of foreign corporations are the SAME as foreign government immunity TODAY. |
Feb 27, 2019 |
Madison v Alabama (death penalty - competence)
346
Errors were made in a determination of competence for death. |
Feb 27, 2019 |
Garza v Idaho (ineffective assistance of counsel - appeals)
419
Counsel may not refuse to file a notice to appeal, even if the defendant waived the right to appeal. |
Feb 27, 2019 |
Nutraceutical corp v Lambert (23b Tolling)
309
Lambert’s 23b filing was untimley. |
Feb 26, 2019 |
Yovino v Rizo (Dead judges voting)
571
Dead judges votes can not be counted if the opinion is filed after their death. |
Feb 25, 2019 |
Timbs v Indiana (Civil Asset forfiture 8th/14th)
365
8th Amendment prohibition on excessive fines IS incorporated against states via the 14th amendment. |
Feb 21, 2019 |
Dawson v Steager (state/federal tax discrimination)
342
States can not have tax breaks that discriminate against federal employees who otherwise meet the qualifications for said tax break. |
Feb 21, 2019 |
Moore v Texas (Death penalty and mental deficits)
1096
Rulling that Mr. Moore is intelectually disabled enough to be ineligible for the death penalty. |
Feb 19, 2019 |
Helsinn v Teva (Patents “on sale”)
288
“On sale” exception to patents. |
Jan 22, 2019 |
New Prime v Oliveira (Arbitration)
468
Court holds an independent contractor truck driver can not be forced into arbitration because the 1925 arbitration act excludes transportation workers who are engaged in interstate commerce. Also holds that “independent contractors” are considered to have signed “contracts of employment” even though they are not in an explicit employer employee relationship. |
Jan 15, 2019 |
Stokeling v US (ACCA Robbery)
352
Robbery is a violent offense for purposes of the ACCAs sentence enhancments. |
Jan 15, 2019 |
Culbertson v Berryhill
297
The 25% cap on social security attorney fees only covers in court representation, not representation before the agency. |
Jan 10, 2019 |
Schein v Archer & White
275
Arbitration agreements that contractually deligate questions of arbitrarily to an arbitrator do exactly that — no matter if the request seeking to compell arbitration is “wholy groundless”. |
Jan 10, 2019 |
Escondido v Emmons
700
Court rules that “right to be free of excessive force” is a bit to highly generalized to be considered “clearly established law” in regards to stripping qualified immunity. |
Jan 07, 2019 |
Shoop v Hill
867
Mostly a decision that 2254 (d) (1) apeals can not use court cases that didn’t exist at the time of the origin of the appeal. |
Jan 07, 2019 |
US v Stitt
361
Burglary can include mobile residences and or vehicles adapted for sleeping. |
Dec 10, 2018 |
Weyerhaeuser v USFWS
487
The Dusky Gopher Frog case. |
Nov 27, 2018 |
Mt Lemon v Guido (ADEA)
325
Court hold that ADEA numerosity limitation does not apply to state government subdivisions. |
Nov 06, 2018 |
Pavan v Smith (2016 opinion)
535
Decision from 2016, in re gay couples and birth certificates.
|
Aug 29, 2018 |
Trinity Lutheran v Comer Missouri (2016 opinion)
571
Opinion from 2016, just to keep the feed active
Court holds Missouri can not deny a grant to a church based on the fact it is a church.
(RJ likes this one because his beloved mother was a teacher at a lutheran pre-school for most of her life).
|
Aug 18, 2018 |
NC v Covington (gerrymandering)
1242
Court upholds part of a gerrmandering solution.
|
Jul 14, 2018 |
Sexton v Beaudreaux
859
Strickland claim review.
|
Jun 29, 2018 |
Sause v Bauer
414
Court addresses a pro se 1st and 4th amendment concern (Lady told to stop praying).
|
Jun 28, 2018 |
FL v GA (Water)
565
Water rights remand.
|
Jun 27, 2018 |
Janus v AFSCME (1a Unions)
905
Court rules union agency fees are a a violation of 1st amendment.
|
Jun 27, 2018 |
Trump v Hawaii
919
Court upholds modified travel ban.
|
Jun 26, 2018 |
NIFLA v Becerra (1a abortion)
681
FACT ACT likley violates the 1st amendment.
|
Jun 26, 2018 |
Abbott v Perez (gerrymandering)
852
Court upholds several districts, and does not uphold one
|
Jun 25, 2018 |
Ohio v Amex (anti trust)
551
Amex’s anti steering provisions do not violate section one of the Sherman anti trust act.
|
Jun 25, 2018 |
Currier v VA (vol. severance - criminal)
456
Court rules voluntary severance of charges, does not create a double jeopardy issue in this specific instance).
|
Jun 23, 2018 |
Ortiz v US (Military Justice)
802
Challenges to military justice system.
|
Jun 23, 2018 |
WesternGeco v Ion Geophysical (Patent)
377
Extraterritoriality of patent infringement.
|
Jun 22, 2018 |
Carpenter v US (4a Cell location data)
620
Court rules requests for cellphone location data are 4th amendment searches.
|
Jun 22, 2018 |
Lucia v SEC (appointments violation)
556
SEC ALJs must be constitutionally appointed
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Jun 21, 2018 |
Pereira v Sessions (notice to appear)
654
Court holds notice to appear has to have a time and date in order to actually be a notice to appear.
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Jun 21, 2018 |
Wisc Central railroad v US (Retirement taxing)
373
Court says government can’t tax stock options for railroad workers.
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Jun 21, 2018 |
SD v Wayfair (internet purchase taxing)
779
Court reverses quill and allows states to collect taxes on internet sales.
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Jun 21, 2018 |
Lozman v Riviera beach (1st - retaliation)
521
First amendment retaliation, under narrow circumstances in this case. |
Jun 18, 2018 |
Rosales-Mireles v US (Guidelines Errors)
626
Vacate of sentence based on incorectly calculated guidelines range
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Jun 18, 2018 |
Gill v Whitford (Gerrymandering)
663
Court upholds an obvious statewide political gerrymander, for plaintiffs failure to show that they were actually harmed.
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Jun 18, 2018 |
Benisek v Lamone
588
Denial of preliminary injunction...well past its requested time table
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Jun 18, 2018 |
Chavez Menza v US (sentence reductions)
404
Court determines a limited explanation of a “disproportionate” sentence reduction (vs the guidelines reduction) is appropriate.
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Jun 18, 2018 |
MN Voters aly. v Mansky
708
Court strikes down MN law on political apperal inside the polling places (limited to a problem with wording ambiguity)
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Jun 15, 2018 |
Animal science products v Hebei Welcome (deference to foreign governments)
481
Court rules “bound to defer” should not be the standard of deference for submissions of foreign government agencies to US Courts.
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Jun 15, 2018 |
Sveen v Melin (Contracts / Divorce)
442
Court upholds Minnesota law about life insurance bennificiary designation revocation upon divorce
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Jun 11, 2018 |
Washington v US (Indigenous peoples' Treaties)
146
Court affirms the below judgement because of a 4/4 Split. |
Jun 11, 2018 |
China Agritech v Resh
521
More fun with “tolling”
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Jun 11, 2018 |
Husted v Randolph institute (removal from voter rolls)
534
Ohio’s way of determining if a voter has moved or died, and subsequent removal of said person from their voting rolls is lawful.
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Jun 11, 2018 |
Lamar v Appling (“statement respecting”)
543
Court decides what “statement respecting” means in re the bankruptcy code.
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Jun 05, 2018 |
Azar v Garza (Abortion/Moot)
541
Court in part moots an abortion debate.
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Jun 05, 2018 |
Koons v US (sentencing reductions)
318
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Jun 04, 2018 |
Hughes v US (type c sentincing reductions)
571
Court rules type C sentencing agreements can be considered for modification after a retroactive sentincing guidelines reduction.
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Jun 04, 2018 |
Masterpiece Cake v Colo Civil rights Commission
534
1st Amendment free exercise over-rules civil rights of a gay couple in this specific instance - due to the colorado civil rights commission’s obvious hostility to a religious belief.
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Jun 04, 2018 |
Lagos v US (Victims Restitution Act)
328
Restitution under MVRA 1996 may not include investigations a victim does itself.
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May 29, 2018 |
Collins v Virginia (4A curtilage)
428
Supreme court refuses to grant 4th autombile exception to an officer who encroaches upon a home’s curtilage for a search.
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May 29, 2018 |
Epic sys v Lewis (Arbitration & NLRB Unfair labor practices).
617
Upholding Arbitration agreements |
May 21, 2018 |
Skagit tribe v Lundgren (Late argument rejection)
242
The court rejects an argument made for the first time during the appeals process.
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May 21, 2018 |
McCoy v Louisiana (6th Amendment)
473
Counsel may not Plead Not-Guilty, at the client's insistence, and then--at trial--admit guilt, over the objection of his client. (Sixth Amendment) |
May 14, 2018 |
New Jersey v NCAA (10th Amendment)
687
Court strikes down federal anti sports gambling provisions based on the 10th amendment.
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May 14, 2018 |
US v Sanchez-Gomez (Moot)
392
Case is moot because nothing could be decided because petitioners cases are over.
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May 14, 2018 |
Byrd v US (4th Amendment)
436
Rental car contract violations do not eliminate 4th amendment privacy expectations
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May 14, 2018 |
Dahda v US (Wiretap warrants)
325
Just because a judge tried to overstep his jurisdictional limits, does not mean that the evidence gathererd inside of his jurisdiction is inadmissable.
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May 14, 2018 |
Oil States v Greene’s (Patent law) (stitcher re-release)
479
Patent review, and article 3 separation of powers.
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May 08, 2018 |
Jesner v Arab Bank (Alien Torts) (Stitcher re-release)
1093
Court holds that the ATS does not allow people to sue corporations.
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Apr 24, 2018 |
SAS v Patent office (inter partes wholeness)
428
Court rules patent office director can not choose which parts of an inter partes review will proceed, only that it will or will not proceed.
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Apr 24, 2018 |
US v Microsoft (Moot)
273
The discussion is moot. Because of the passage of the CLOUD act.
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Apr 17, 2018 |
Sessions v Dimaya (void for vagueness)
817
Court compares immigration deportation statue void for vagueness. In that it’s language was too similar to the unconstitutional language found in the ACCA.
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Apr 17, 2018 |
Willson v Sellers (Looking through silent decisions)
428
Court rules that higher courts may should “look through” (in a narrow sense) silent appeals court decisions, to the last reasoned result.
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Apr 17, 2018 |
Encino motorcars v Navarro (FLSA Overtime)
325
Determination that service advisors fit into the FLSAs overtime exemption.
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Apr 02, 2018 |
Kisela v Hughes (Qualified immunity)
1005
Determination of qualified immunity in favor of an officer in a non fatal shooting.
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Apr 02, 2018 |
Hall v Hall (Separating consolidated cases for appeal)
486
Court Decides once a decision has been made in an individual case which was consolidated with others under 42(a), it can be appealed before other cases associated by consolidation have been decided. (Not interlocutory).
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Mar 27, 2018 |
Marinello v USA (Obstuction Tax code)
441
court holds that in order to obstruct the tax code under the omnibus tax code at the felony level — it requires knowing of an investigation or pending investigation.
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Mar 21, 2018 |
Ayestas v Davis (Appeals funding)
490
in re funding for appeals of indigent defendants, ineffective assistance of counsel,
reasonably necessary vs substantial need.
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Mar 21, 2018 |
Cyan v Beaver Co retirement fund (Securities Jurisdictions)
821
Court holds SLUSA does not force removal of certain securities law claims from state to federal court.
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Mar 20, 2018 |
TX v NM (water rights)
223
can the us file suit regarding the rio grande compact?
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Mar 05, 2018 |
US Bank v Lakeridge LLC (appeals of “arms length” determination)
383
case deals with who and how courts should review determinations of “arms length” transactions.
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Mar 05, 2018 |
Jennings v Rodriguez (immigration)
688
in re: supreme court rule to remove 6 month hearings for detainees of immigration proceedings, that were being required by the 9th circut.
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Feb 27, 2018 |
Merit v FTI (Bankrupcy)
627
in re: transfer avoidance in bankruptcy proceedings.
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Feb 27, 2018 |
Patchak v Zinke (Sep of powers)
322
in re: Article III separation of powers.
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Feb 27, 2018 |
Rubin v Iran (FSIA)
554
in re: Foreign states immunities act
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Feb 21, 2018 |
Murphy v Smith
255
courts must use the stipulated 25% maximum to satisfy a prisoner’s share of attorney fees (the one where everyone had a joke about the usage of “satisfy”)
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Feb 21, 2018 |
Class v United States (Appeal Process -- Not 2A)
308
a guilty plea does not remove a defendants right to question the constitutionality of a criminal statute.
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Feb 21, 2018 |
Digital Realty trust v Somers
581
In Re: whistle blower protections and the requirement to report to the SEC.
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Feb 21, 2018 |
CNH Industrial v Reese
883
in Re: Retiree benifits, and contractual inferments of collective barganing agreements. (Refuting the 6th Circuts “yard-man” inferences).
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Feb 20, 2018 |
MT v WY & ND
866
In re water rights at the tounge river.
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Feb 20, 2018 |
Kernan v Cuero
791
In Re: Changing charging after a plea agreement has been signed (Three Strikes law).
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Feb 18, 2018 |
Dunn (AL DoC) v Madison
674
In re the death penalty and health related memory loss.
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Feb 17, 2018 |
Hamer V Neighborhood Housing Services Of Chicago
315
Slip opinion - Nov 8 2017
Appeals time limit extensions on "jurisdictional" extensions.
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Feb 14, 2018 |
In re United States (DACA)
428
Supreme court reply to an appeal that regards DACA (Decided Dec 20th 2017)
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Feb 11, 2018 |
Artis v DC
453
in re: definition of the word “tolled” for the purpose of timely filing of appeals.
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Feb 09, 2018 |
DC v Wesby
400
in re: probable cause to enter and arrest.
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Feb 09, 2018 |
Tharpe V Sellers
303
in re: racist jury members
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Feb 09, 2018 |
National association of manufacturers v department of defense
716
WOTUS & who has jurisdiction.
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Feb 09, 2018 |