The Court issued decisions in three cases yesterday: Jones v. Harris Associates (08-586), in which the Court defined the standard for determining when a mutual fund adviser has violated the Investment Company Act of 1940 by charging excessive fees, Graham County Soil and Water Conservation District v. United States ex rel. Wilson (08-304), on whether prior disclosure of potential fraud in state and
Read More Jones v. Harris Associates (08-586), Graham County Soil and Water Conservation District v. United States ex rel. Wilson (08-304) and Berghuis v. Smith (08-1402)
Order List: March 25, 2010
As promised, I’m back to bring you cert grants and other recent orders. We’ll begin with the new cases the Court has accepted for review:
Connick v. Thompson (08-571), in which the Court granted cert only as to Question 1: “Does imposing failure-to-train liability on a district attorney’s office for a single Brady violation [failure to turn over exculpatory evidence to the accused] contravene
Read More Order List: March 25, 2010
United States Aid Funds, Inc. v. Espinosa (08-1134), Bloate v. United States (08-728) and Milavetz, Gallop & Milavetz, P.A. v. United States (08-1119)
The Court ruled Tuesday, in United States Aid Funds, Inc. v. Espinosa (08-1134), that a bankruptcy court’s error in confirming a Chapter 13 plan discharging student loan debts without a finding of undue hardship did not render the confirmation order void. This Update will cover that decision, as well as two other decisions (released while I was on vacation – lucky me): Bloate v.
Read More United States Aid Funds, Inc. v. Espinosa (08-1134), Bloate v. United States (08-728) and Milavetz, Gallop & Milavetz, P.A. v. United States (08-1119)
Reed Elsevier, Inc. v. Muchnick (08-103), Mac’s Shell Service, Inc. v. Shell Oil Products Co. LLC (08-240), Johnson v. United States (08-6925) and order list
With apologies for the delay, I’m back to summarize last week’s decisions, including Reed Elsevier, Inc. v. Muchnick (08-103), finding the requirement that copyright holders register their works before suing for copyright infringement to be a non-jurisdictional claims processing rule (notwithstanding hundreds of lower court rulings to the contrary), Mac’s Shell Service, Inc. v. Shell Oil Products Co. LLC (08-240), holding that the
Hertz Corp. v. Friend (08-1107), Florida v. Powell (08-1175), Maryland v. Shatzer (08-680), Wilkins v. Gaddy (08-10914), Thaler v. Cardell Haynes (09-273) and order list
The Court returned from its extended recess and issued five new decisions this week, including a major diversity jurisdiction ruling and two decisions interpreting a criminal suspect’s Miranda-related rights.
As a refresher, federal courts have jurisdiction over cases involving “federal questions” and also cases where there is “diversity” of citizenship between the parties. For purposes of determining whether the latter type of jurisdiction exists
Read More Hertz Corp. v. Friend (08-1107), Florida v. Powell (08-1175), Maryland v. Shatzer (08-680), Wilkins v. Gaddy (08-10914), Thaler v. Cardell Haynes (09-273) and order listCitizens United v. Federal Election Commission (08-205), Hemi Group, LLC v. City of New York (08-969) and Briscoe v. Virginia (07-11191)
When a decision gets mentioned in the State of the Union Address and prompts calls for a constitutional amendment, you know it’s a biggie. So, this Update will bring you additional details on Citizens United v. Federal Election Commission (08-205) and will also cover the two decisions released this week: Hemi Group, LLC v. City of New York (08-969), regarding RICO’s causation requirement; and
Read More Citizens United v. Federal Election Commission (08-205), Hemi Group, LLC v. City of New York (08-969) and Briscoe v. Virginia (07-11191)