In today’s Update, we bring you two of the Court’s recent decisions: Reichle v. Howards (11-262), holding that Secret Service agents were entitled to qualified immunity with respect to an allegation of retaliatory arrest in violation of the First Amendment, and Radlax Gateway Hotel v. Amalgamated Bank (11-166), concluding that Chapter 11 debtors may not auction property free and clear of liens as
Read More Reichle v. Howards (11-262) and Radlax Gateway Hotel v. Amalgamated Bank (11-166)
Blueford v. Arkansas (10-1320), Holder v. Martinez Gutierrez (10-1542) and Holder v. Sawyers (10-1543)
As usual for this time of year, the Court has been busy issuing decisions. This Update will bring you: Blueford v. Arkansas (10-1320), holding that Double Jeopardy does not apply when a jury continues deliberating after announcing that it is unanimous against guilt on certain charges, and the court eventually declares a mistrial with no verdict on any charges; Holder v. Martinez Gutierrez (10–1542)
Read More Blueford v. Arkansas (10-1320), Holder v. Martinez Gutierrez (10-1542) and Holder v. Sawyers (10-1543)
Wood v. Milyard (10-9995), Astrue v. Capato (11-159) and Taniguchi v. Kan Pacific Saipan, Ltd. (10-1472)
This Update will clear out one backlogged case: Wood v. Milyard (10-9995), an important read for habeas procedure junkies, and two of the Court’s five decisions last week: Astrue v. Capato (11-159), holding that children conceived via in vitro fertilization after the death of their biological father do not qualify for Social Security survivors’ benefits; and Taniguchi v. Kan Pacific Saipan, Ltd.
Read More Wood v. Milyard (10-9995), Astrue v. Capato (11-159) and Taniguchi v. Kan Pacific Saipan, Ltd. (10-1472)
United States v. Home Concrete & Supply, LLC (11-139), Hall v. United States (10-875) and Order List
We are back with United States v. Home Concrete & Supply, LLC (11-139), a potentially significant administrative law decision masquerading as a ho-hum Internal Revenue Code statute of limitations case; Hall v. United States (10-875), where a divided Court wandered into the lush field of farm bankruptcy to hold that income tax liability incurred from a farm sale during bankruptcy is not dischargeable
Read More United States v. Home Concrete & Supply, LLC (11-139), Hall v. United States (10-875) and Order List
Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S (10-844), Mohamad v. Palestinian Authority (11-88) and Order List
The unanimous decisions continued last week with Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S (10-844), holding that a generic drug manufacturer may bring a counterclaim against a brand-name drug manufacturer for providing an inaccurate description of the brand’s patent, and Mohamad v. Palestinian Authority (11-88), holding that the Torture Victims Protection Act of 1991 authorizes suits only against natural persons.
Filarsky v. Delia (10-1018) and Kappos v. Hyatt (10-1219)
In the spirit of jurisprudential unity, today we bring you two unanimous decisions: Filarsky v. Delia (10-1018), holding that a private individual retained by the government to carry out its work may seek qualified immunity under § 1983, and Kappos v. Hyatt (10-1219), in which the Court determined that unsuccessful patent applicants may introduce new evidence in support of their claims in district
Read More Filarsky v. Delia (10-1018) and Kappos v. Hyatt (10-1219)