We are well into the month of June, which can mean only one thing: more Supreme Court decisions! Today we have Oxford Health Plans v. Sutter (12-135), addressing an arbitrator’s authority to construe the scope of an arbitration agreement; Peugh v. United States (12-62), finding that retroactive application of the Federal Sentencing Guidelines may violate the Ex Post Facto clause; and Horne v.
Read More Oxford Health Plans v. Sutter (12-135), Peugh v. United States (12-62) and Horne v. Department of Agriculture (12-123)
Maryland v. King (12-207), Hillman v. Maretta (11-1221), and Nevada v. Jackson (12-694)
The Court issued three decisions on Monday to kick off its annual June rush to the finish line. First up is Maryland v. King (12-207), a major criminal procedure decision upholding a state law mandating DNA swabs for individuals arrested for serious crimes. We’ll follow that with Hillman v. Maretta (11-1221), a federal preemption case that managed to inspire three opinions, despite its
Read More Maryland v. King (12-207), Hillman v. Maretta (11-1221), and Nevada v. Jackson (12-694)
City of Arlington, Texas v. FCC (11-1545 and 11-1547), McQuiggin v. Perkins (12-126), and Trevino v. Thaler (11-10189)
Today we bring you City of Arlington, Texas v. FCC (11-1545 and 11-1547), a vigorous reaffirmation of Chevron deference to agencies’ interpretation of ambiguous statutes, including those provisions regarding the scope of the agency’s power; McQuiggin v. Perkins (12-126), finding an “actual innocence” exception to AEDPA’s one-year statute of limitations; and Trevino v. Thaler (11-10189), expanding an “it was my postconviction lawyer’s
Read More City of Arlington, Texas v. FCC (11-1545 and 11-1547), McQuiggin v. Perkins (12-126), and Trevino v. Thaler (11-10189)
PPL Corp. v. Commissioner (12-43), Sebelius v. Cloer (12-236) and Metrish v. Lancaster (12-547)
The Court released four decisions this week. To break things up, this Update will tackle three, addressing topics ranging from credit for the payment of foreign taxes in PPL Corp. v. Commissioner (12-43), to attorneys’ fees for late-filed cases under the National Childhood Vaccine Injury Act in Sebelius v. Cloer (12-236), to habeas challenges under AEDPA (yes, every Update has to have at
Read More PPL Corp. v. Commissioner (12-43), Sebelius v. Cloer (12-236) and Metrish v. Lancaster (12-547)
Bowman v. Monsanto (11–796), Bullock v. BankChampaign, N.A. (11-1351), Dan’s City Used Cars, Inc. v. Pelkey (12-52)
The Court issued three more decisions this week, marked by their unanimity of opinion: Bowman v. Monsanto (11–796), holding that the patent exhaustion doctrine does not permit a farmer to “copy” patented soybean seeds by planting and harvesting; Bullock v. BankChampaign, N.A. (11-1351), holding that bankruptcy courts may refuse to discharge a debt for “defalcation” – i.e., a debt incurred because of
Read More Bowman v. Monsanto (11–796), Bullock v. BankChampaign, N.A. (11-1351), Dan’s City Used Cars, Inc. v. Pelkey (12-52)
Missouri v. McNeely (11-1425), McBurney v. Young (12-17) and Moncrieffe v. Holder (11-702)
Today, we bring you a trio of recent decisions beginning with the letter “M”: Missouri v. McNeely (11-1425), finding that the natural metabolization of alcohol does not present a per se exigent circumstance permitting officers to obtain blood samples from suspected drunk drivers without a warrant; McBurney v. Young (12-17), holding that a Virginia law limiting state Freedom of Information Act access to
Read More Missouri v. McNeely (11-1425), McBurney v. Young (12-17) and Moncrieffe v. Holder (11-702)