杏十八新茶分享

 

United States Supreme Court Certiorari Granted

2023

January 1 summary

Arellano v. McDonough

Statutes of limitation are presumed to be subject to equitable tolling, but this presumption shifts if inconsistent with the statutory design. Irwin v. Department of Veterans Affairs, 498 U. S. 89, 95鈥96 (1990); John R. Sand & Gravel Co. v. United States, 552 U. S. 130, 137鈥138 (2008). It is inconsistent with the comprehensive statutory scheme to subject this narrow exception to equitable tolling. See 38 U. S. C. 搂搂 5110(a)(1), (b)(1).

Area(s) of Law:
  • Disability Law

February 5 summaries

Bartenwerfer v. Buckley

The text of 搂 523(a)(2)(A), written in the passive voice, focuses on the act, not the actor who committed it. Dean v. United States, 556 U. S. 568, 572 (2009). Contextually, neighboring provisions specify a particular debtor, while section 523(a)(2)(A) does not, supporting further that Congress was agnostic as to the actor who committed the fraud. In addition, this Court held in earlier iterations of this statute that the culpability of one partner is imputed on the entire partnership, and in reenacting the statute Congress did not take steps to correct that interpretation. Strang v. Bradner, 114 U. S. 555, 561 (1885).

Area(s) of Law:
  • Bankruptcy Law

Cruz v. Arizona

鈥淎n unforeseeable and unsupported state-court decision on a question of state procedure does not constitute an adequate ground to preclude this Court鈥檚 review of a federal question.鈥 Bouie v. City of Columbia, 378 U. S. 347, 354 (1964).

Area(s) of Law:
  • Post-Conviction Relief

Helix Energy Sol. Grp., Inc. v. Hewitt

An employee is not considered salaried under 29 CFR 搂541.602(a) if his compensation is based on a daily rate. 搂541.604(b) allows an alternative for employees paid hourly or daily to qualify as salaried, but only if they also earn an additional guaranteed and predetermined weekly payment.

Area(s) of Law:
  • Employment Law

Bittner v. United States

Records and reports on foreign financial agency transactions as detailed in 31 U.S.C. 搂5314 and 搂5321 may penalize nonwillful violations up to $10,000 per inadequate report, not per foreign account that is in violation.

Area(s) of Law:
  • Tax Law

Delaware v. Pennsylvania

鈥淸N]othing in the parties鈥 arguments, the Special Master鈥檚 Second Interim Report, or the record in these cases [showed] that the Disputed Instruments should be deemed 鈥榯hird party bank checks.鈥欌

Area(s) of Law:
  • Property Law

March 2 summaries

Perez v. Sturgis Public Schools

鈥淣othing in IDEA shall be construed to restrict鈥 the ability to seek 鈥渞emedies鈥 under other Federal laws protecting the rights of children with disabilities. Before filing a civil action under other federal laws seeking relief that is also available under IDEA, the procedures under [搂1415](f) and (g) shall be exhausted". 20 U.S.C. 搂1415(l).

Area(s) of Law:
  • Disability Law

Wilkins v. United States

Section 2409a(g) is a non-jurisdictional claims-processing rule. A procedural requirement is only jurisdictional if Congress 鈥渃learly states鈥 it is. Boechler v. Commissioner, 596 U.S. ___, ___ (2022) (slip op., at 3) (quoting Arbaugh, 546 U.S., at 515). This principle seeks to avoid judicial interpretations that undermine Congress鈥 judgment. Loosely treating procedural requirements as jurisdictional risks undermining the very reason Congress enacted them.

Area(s) of Law:
  • Property Law

April 5 summaries

Axon Enterprise, Inc. v. FTC

The Court applies the Thunder Basin factors to determine if Congress intended to limit jurisdiction of claims regarding federal agency actions to the statutory administrative review structure or if they may be litigated under 28 U.S.C. 搂 1331.

Area(s) of Law:
  • Civil Procedure

New York v. New Jersey

Interstate compacts are "construed as contracts under the principles of contract law."Tarrant Regional Water Dist. v. Herrmann, 569 U.S. 614, 628 (2013). To resolve a dispute over the terms of a Compact, the court must, "begin by examining the express terms of the Compact as the best indication of the intent of the parties."听Tarrant, 569 U.S. at 628.

Area(s) of Law:
  • Contract Law

Halkbank v. United States

Whether U.S. district courts may exercise subject matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. 搂 3231 and in light of the Foreign Sovereign Immunities Act, 28 U.S.C. 搂搂 1330, 1441(d), 1602-1611.

Area(s) of Law:
  • Criminal Procedure

MOAC Mall Holdings LLC v. Transform Holdco LLC

Mandatory rules within a statute do not necessarily make that statute jurisdictional. Henderson v. Shinseki, 562 U. S. 428, 435 (2011).听The Court will treat a rule as jurisdictional 鈥渙nly if Congress says as much.鈥 Boechler v. Commissioner of Internal Revenue, 596 U.S. ___ (2022).

Area(s) of Law:
  • Bankruptcy Law

Reed v. Goertz

In a procedural due process claim, the plaintiff has a complete and present claim when 鈥渢he state fails to provide due process,鈥 not when the deprivation occurs. Zinermon v. Burch, 494 U.S. 113, 125 (1990).

May 11 summaries

Ciminelli v. United States

Petitioners were indicted and convicted under 18 U. S. C. 搂 1343 and 搂1349, wire fraud and conspiracy to commit wire fraud. On appeal, the Supreme Court reversed, holding the wire fraud statutes protect only interests 鈥渓ong . . . recognized as property,鈥 and intangible economic information is not such an interest. McNally v. United States, 483 U. S. 350, 360 (1987); Carpenter v. United States, 484 U. S. 19, 26 (1987).

Area(s) of Law:
  • Property Law

Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.

Congress must make its intent to abrogate sovereign immunity unmistakably clear in the language of the statute. Kimel v. Florida Bd. of Regents, 528 U. S. 62, 73.

Area(s) of Law:
  • Sovereign Immunity

National Pork Producers Council v. Ross

The anti-discrimination principle is fundamental to the dormant Commerce Clause; to show violation of the dormant Commerce Clause, petitioner must show discrimination by a statute on out of state economies, evidenced by a substantial burden on the interstate economy. Additionally, under Pike v. Bruce Church, Inc., 397 U.S. 137 (1970), if there is a burden on interstate economy from a facially neutral law, that burden is allowed so long as it is outweighed by putative local benefits.

Area(s) of Law:
  • Constitutional Law

Percoco v. United States

Petitioner was convicted, in relevant part, under 18 U. S. C. 搂搂1343, 1346, and 1349, conspiracy to commit 鈥渉onest-services鈥 wire fraud. The Second Circuit affirmed. On appeal, the Supreme Court reversed, holding that private citizens may enter circumstances involving the government in which they owe a duty of honesty to the public, this is not always the case. See Skilling v. United States, 561 U. S. 358, 408 (2010).

Area(s) of Law:
  • Property Law

Santos-Zacaria v. Garland

A rule is jurisdictional 鈥渙nly if Congress 鈥榗learly states鈥 that it is.鈥 Boechler v. Commissioner, 596 U.S. ___ (2022). A motion for reconsideration is subject to discretionary review and is not an appeal as of right, and therefore is not subject to the exhaustion requirement of 搂1252(d)(1).

Area(s) of Law:
  • Immigration

Andy Warhol Foundation for the Visual Arts v. Goldsmith

If an original work and a secondary use share the same or highly similar purposes, and the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.

Area(s) of Law:
  • Copyright

Polselli v. IRS

The IRS may issue summonses to determine whether a taxpayer owes money and also to collect any outstanding liability. When the IRS conducts an investigation for purposes of 鈥渄etermining the liability鈥 of a taxpayer, it must provide notice, 26 U.S.C. 搂7609(a)(1). But once the IRS has reached the stage of 鈥渃ollecting any such liability,鈥 搂7602(a)鈥攚hich is a distinct activity鈥攏otice may not be required, 搂7609(c)(2)(D).

Area(s) of Law:
  • Tax Law

Twitter, Inc. v. Taamneh

The phrase 鈥渁ids and abets鈥 in 搂2333(d)(2), as elsewhere, refers to a conscious, voluntary, and culpable participation in another鈥檚 wrongdoing.

Area(s) of Law:
  • Tort Law

Calcutt v. Federal Deposit Insurance Corporation

鈥淸鈥 If the record before the agency does not support the agency action, [or] if the agency has not considered all relevant factors, 鈥 the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation.鈥 598 U.S. 623, 628.

Area(s) of Law:
  • Administrative Law

Sackett v. EPA

The Court held that the CWA extends to only those 鈥渨etlands with a continuous surface connection to bodies that are 鈥榳aters of the United States鈥 in their own right,鈥 so that they are 鈥渋ndistinguishable鈥 from those waters. Rapanos v. United States, 547 U.S. 715, 739, 126 S.Ct. 2208, (2006).

Area(s) of Law:
  • Environmental Law

Tyler v. Hennepin County

Under the Takings Clause of the Fifth Amendment, government cannot bootstrap a delinquent tax to take more than what is owed.

Area(s) of Law:
  • Constitutional Law

June 25 summaries

Haaland v. Brackeen

The Indian Child Welfare Act is upheld against constitutional challenges because Article I, Section 8, Clause 3 of the Constitution gives the federal government "virtually all authority over [...] Indian tribes." Seminole Tribe of Fla. v. Florida, 517 U. S. 44, 62 (1996). Anti-commandeering principles do not apply when public and private entities are equally burdened. Murphy v. National Collegiate Athletic Assn., 584 U.S. ___ (2018) (slip op., at 19鈥20).听

Area(s) of Law:
  • Constitutional Law

Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174

On appeal, the Court held that Petitioner鈥檚 claims were not preempted by NLRA. Longshoremen v. Davis, 476 U. S. 380, 396 (1986) (The 鈥渁rguably鈥 protected [standard] . . . is not without substance). Accepting the facts alleged in the complaint as true, Respondent intentionally caused destruction of Petitioner鈥檚 property during the strike, clearly failing the 鈥渞easonable precautions鈥 test for a strike action to be protected by the NRLA. Bethany Medical Center, 328 N. L. R. B. 1094 (1999).

Area(s) of Law:
  • Labor Law

United States ex rel. Schutte v. SuperValu, Inc.

The False Claims Act's scienter element refers to the subjective knowledge of the accused, not to the knowledge of an objective reasonable person. Even if a term is facially ambiguous, 鈥渆ither actual knowledge, deliberate ignorance, or recklessness will suffice鈥 to establish knowledge. Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U. S. 176, 187 (2016).听

Area(s) of Law:
  • Insurance Law

Allen v. Milligan

The Gingles framework itself imposes meaningful constraints on proportionality. Forcing proportional representation is unlawful and inconsistent with this Court鈥檚 approach to implementing 搂2.

Area(s) of Law:
  • Election Law

Dubin v. United States

Under 18 U.S.C. 搂 1028A(a)(1), a defendant 鈥渦ses鈥 another person鈥檚 means of identification 鈥渋n relation to鈥 a predicate offense when this use is at the crux of what makes the conduct criminal. [T]he means of identification specifically must be used in a manner that is fraudulent or deceptive.

Area(s) of Law:
  • Criminal Law

Health & Hosp. Corp. v. Talevski

A statute creates a 搂1983-enforceable right when the statute 鈥渦nambiguously confer[s] individual federal rights. Gonzaga Univ. v. Doe, 535 U.S. 273, 280 (2002).

Area(s) of Law:
  • Civil Rights 搂 1983

Health and Hospital Corp. of Marion City v. Talevski

Any law created by Congress which confers rights to individuals may give rise to a cause of action pursuant to 42 U.S.C 搂 1983 unless doing so "would thwart any enforcement mechanism" of the law. Gonzaga Univ. v. Doe, 536 U. S., 273, 284 (2002).

Area(s) of Law:
  • Civil Law

Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

On appeal, the Court affirmed, holding the Bankruptcy code abrogates sovereign immunity for 鈥済overnmental unit[s],鈥 which include federally recognized Tribes like defendant. 11 U. S. C. 搂搂 106(a), 101(27).

Area(s) of Law:
  • Sovereign Immunity

Smith v. United States

Violations of the Constitution's Venue, Vicinage, and Double Jeopardy Clauses during the course of a criminal trial in Federal court should be remedied via retrial. 鈥淸T]he appropriate remedy for prejudicial trial error, in almost all circumstances, is simply the award of a retrial, not a judgment barring reprosecution.鈥 United States v. Morrison, 449 U.S. 361, 364 (1981).

Area(s) of Law:
  • Constitutional Law

Lora v. United States

When a federal court imposes multiple prison sentences, it can choose whether to run the sentences concurrently or consecutively under 18 U.S.C. 搂 3584. The exception under subsection (c) of 924 provides that, 鈥渘o term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment.鈥 924(c)(1)(D)(ii).

Area(s) of Law:
  • Sentencing

United States ex rel. Polansky v. Executive Health Resources, Inc.

The Government may seek dismissal of a False Claims Act action over a relator鈥檚 objection so long as it intervened sometime in the litigation, whether at the outset or afterward. In handling such a motion, district courts should apply Federal Rule of Civil Procedure 41(a).

Area(s) of Law:
  • Civil Procedure

Arizona v. Navajo Nation

In 1868, the United States set apart a large reservation 鈥渇or the use and occupation of the Navajo tribe鈥 within the new American territory in the western United States.

Area(s) of Law:
  • Indian Law

Jones v. Hendrix

A prisoner may not proceed under the general habeas corpus statute simply because of limitations imposed on filing additional alternative postconviction remedy motions. 28 U.S.C. 搂搂 2241, 2255(h)(1)-(2).

Area(s) of Law:
  • Habeas Corpus

Pugin v. Garland

An offense may "relat[e] to obstruction of justice" under 搂1101(a)(43)(S) even if the offense does not require that an investigation or proceeding be pending.

Area(s) of Law:
  • Immigration

Yegiazaryan v. Smagin

The RICO Act provides a private right of action to 鈥渁ny person injured in his business or property by reason of a violation of鈥 RICO鈥檚 substantive provisions. 18 U.S.C. 搂1964(c).

Area(s) of Law:
  • Civil Law

Samia v. United States

Whether the Confrontation Clause bars the admission of a nontestifying codefendant鈥檚 confession where (1) the confession has been modified to avoid directly identifying the nonconfessing codefendant and (2) the court offers a limiting instruction that jurors may consider the confession only with respect to the confessing codefendant.

Area(s) of Law:
  • Evidence

United States v. Hansen

搂1324(a)(1)(A)(iv) is not unconstitutionally overbroad because it only restricts 鈥渢he purposeful solicitation and facilitation of specific acts known to violate federal law.鈥

Area(s) of Law:
  • Criminal Law

United States v. Texas

Challenges to an agency's exercise of enforcement discretion are not the kind redressable by federal courts.

Area(s) of Law:
  • Constitutional Law

Counterman v. Colorado

The State must prove in true-threats cases that the defendant had some understanding of his statements鈥 threatening nature鈥 A recklessness standard is enough.

Area(s) of Law:
  • First Amendment

Moore v. Harper

Whether the Elections Clause of the Federal Constitution vests state legislatures with the authority to set rules governing federal elections free from restrictions imposed under state law.

Area(s) of Law:
  • Election Law

Abitron Austria GmbH v. Hetronic Int'l, Inc.

15 U.S.C. 搂搂 1114(1)(a) and 1125(a)(1) are not extraterritorial. 鈥淸T]he infringing 鈥榰se in commerce鈥 of a trademark proves the dividing line between foreign and domestic applications of these provisions鈥 the 鈥榯erm 鈥榰se in commerce鈥 means the bona fide use of a mark in the ordinary course of trade鈥 serves to 鈥榠dentify and distinguish goods鈥 and to indicate the source of the goods.鈥欌

Area(s) of Law:
  • Trademarks

Groff v. DeJoy

鈥溾楳ore than a de minimis cost鈥︹ does not suffice to establish 鈥榰ndue hardship鈥 under Title VII.鈥 鈥淯ndue hardship鈥 under Hardison 鈥渋s shown when a burden is substantial in the overall context of an employer鈥檚 business.鈥

Area(s) of Law:
  • Employment Law

Students for Fair Admissions, Inc. v. President and Fellows of Harvard College

Under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, schools are prohibited from using race-based affirmative action in admissions decisions.

Area(s) of Law:
  • Constitutional Law

303 Creative LLC v. Elenis

It is a violation of the Free Speech Clause of the First Amendment of the United States Constitution for a state to compel speech with which the speaker does not agree.

Area(s) of Law:
  • First Amendment

Biden v. Nebraska

鈥淭he HEROES Act allows the Secretary to 鈥榳aive or modify鈥 existing statutory or regulatory provisions applicable to financial assistance programs under the Education Act鈥 The authority to 鈥榤odify鈥 statutes and regulations allows the Secretary to make modest adjustments and additions to existing provisions, not transform them.鈥

Area(s) of Law:
  • Administrative Law

July 0 summaries

August 0 summaries

September 0 summaries

December 0 summaries


Back to Top