We’re back to round out our coverage of recent decisions and orders, including Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds (11-1085), on whether securities fraud plaintiffs must establish the materiality of the allegedly fraudulent statements at the class certification stage; Levin v. United States (11-1351), on the government’s waiver of sovereign immunity for intentional torts committed by armed services medical personnel;
Read More Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds (11-1085), Levin v. United States (11-1351), Calhoun v. United States (12-6142) and Order List
Clapper v. Amnesty International USA (11-1025) and Marx v. General Revenue Corp. (11-1175)
We’re back to bring you two more decisions from last week, both fairly significant: Clapper v. Amnesty International USA (11-1025), a standing decision making it much less likely that government wiretapping under FISA will face scrutiny in an ordinary civilian, federal court; and Marx v. General Revenue Corp. (11-1175), clarifying when defendants may recover costs as a prevailing party in a Fair Debt
Read More Clapper v. Amnesty International USA (11-1025) and Marx v. General Revenue Corp. (11-1175)
Gabelli v. SEC (11-1274); Evans v. Michigan (11-1327) and Johnson v. Williams (11-465)
This Update will tackle Gabelli v. SEC (11-1274), holding that the SEC has 5 years (and no more) to bring a claim for civil penalties under the Investment Advisers Act; Evans v. Michigan (11-1327), finding that double jeopardy barred retrial of a criminal defendant even where the trial court had based its acquittal decision on an incorrect understanding of the elements of the
Read More Gabelli v. SEC (11-1274); Evans v. Michigan (11-1327) and Johnson v. Williams (11-465)
Bailey v. United States (11-770), Henderson v. United States (11-9307), Chaidez v. United States (11-820) and Gunn v. Minton (11-1118)
We’re back to clear out more of last week’s deluge of decisions. This Update will wade through three criminal decisions – Bailey v. United States (11-770), considering how close is close enough to the scene of the search to allow police to seize an individual incident to the execution of a search warrant; Henderson v. United States (11-9307), addressing the scope of the
Read More Bailey v. United States (11-770), Henderson v. United States (11-9307), Chaidez v. United States (11-820) and Gunn v. Minton (11-1118)
Federal Trade Commission v. Phoebe Putney Health System, Inc. (11-1160), Florida v. Harris (11-817), Chafin v. Chafin (11-1347) and Order List
The Court is on a tear this week, issuing four decisions Tuesday and another five today! This Update will tackle three of yesterday’s decisions, which addressed topics ranging from state-action immunity from antitrust laws, to the interplay of mootness doctrine with an international convention addressing child abductions, to when man’s best friend may be considered a sufficiently skilled sniffer to establish probable cause to search
Read More Federal Trade Commission v. Phoebe Putney Health System, Inc. (11-1160), Florida v. Harris (11-817), Chafin v. Chafin (11-1347) and Order List
Order Lists-January 11, 14, and 18, 2013
The Court has been quiet the past few weeks, so it’s the perfect time for us to catch up on cert grants, starting with a pair of preemption questions:
The Federal Aviation Administration Authorization Act of 1994 contains an express preemption clause at 49 U.S.C. § 14501(c)(1), providing that “a State [or] political subdivision … may not enact or enforce a law, regulation, or other
Read More Order Lists-January 11, 14, and 18, 2013