In Glossip v. Oklahoma (No. 22-7466), the Supreme Court ordered a new trial for Petitioner Richard Glossip, an inmate on Oklahoma’s death row for over twenty years who has steadfastly maintained his innocence. By a vote of 5-3 (with Justice Gorsuch not taking part in the case), the Court concluded that Glossip’s conviction violated Napue v. Illinois (1959) because the prosecution allowed testimony it
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Wisconsin Bell, Inc. v. United States ex rel. Heath (No. 23-1127)
In Wisconsin Bell, Inc. v. United States, ex rel. Heath (No. 23-1127), the Supreme Court addressed whether the Government “provide[s]” money to a program that subsidizes telecommunications services for schools and libraries through a surcharge imposed on telecom carriers, meaning that a telecom company’s allegedly inflated claim for these subsidies is potentially subject to liability under the False Claims Act (“FCA”). Writing for a
Read More Wisconsin Bell, Inc. v. United States ex rel. Heath (No. 23-1127)Waetzig v. Halliburton Energy Services, Inc. (No. 23-971)
In Waetzig v. Halliburton Energy Services, Inc., (No. 23-971), the Supreme Court finally settled a question lawyers have been debating from time immemorial: Is a plaintiff’s voluntary dismissal of a complaint without prejudice under Federal Rule of Civil Procedure 41(a) a “final proceeding” for purposes of a Rule 60(b) motion to reopen the suit? A unanimous Court concluded that it was, eliminating a
Read More Waetzig v. Halliburton Energy Services, Inc. (No. 23-971)Lackey v. Stinnie (No. 23-621)
In Lackey v. Stinnie (No. 23-621), the Supreme Court addressed a question that had divided the circuits: If a plaintiff sues under Section 1983 and obtains a preliminary injunction, but subsequent events moot the suit before the district court can make that temporary relief permanent, is the plaintiff a “prevailing party” entitled to attorney’s fees under Section 1988(b)? Rejecting the approach favored by most
Read More Lackey v. Stinnie (No. 23-621)Republic of Hungary v. Simon (No. 23-867)
In Republic of Hungary v. Simon (No. 23-867), the Supreme Court addressed, for the second time, whether Jewish survivors of the Hungarian Holocaust have alleged enough facts to pierce the sovereign immunity of Hungary and its state-owned railway. And just as it did the last time, a unanimous Court concluded that the plaintiffs hadn’t done enough for U.S. courts’ exercise of jurisdiction over
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TikTok, Inc. v. Garland (No. 24-656)
Well, that was fast. In the blink of an eye last week, TikTok—the social-media platform used by over 170 million Americans but owned by a foreign company with connections to the Chinese government—went dark in the United States. This followed the Supreme Court’s per curiam decision in TikTok v. Garland (No. 24-565), upholding the “Protecting Americans from Foreign Adversary Controlled Applications Act” (PAFACA), which
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