I’m back to bring you the remaining decisions from last week. The Court’s decision in Boyle v. United States (07-1309), which adopted an expansive definition of a RICO association-in-fact enterprise, will have significance for many practitioners (i.e., you might actually cite it). On the other hand, unless you are a military lawyer or represent individuals bringing claims against Iraq, the other two decisions (
Read More Boyle v. United States (07-1309), United States v. Denedo (08-267), Republic of Iraq v. Beaty (07-1090) and order listOn Monday, Justice Ginsburg put the Chrysler-Fiat sale briefly on hold so that the Court could consider a request by certain opponents of the sale for a stay while they challenged the bankruptcy court’s order approving the sale. Just a day later, the Court issued a two page per curiam opinion finding that petitioners hadn’t satisfied their burden under the relevant stay factors; thus allowing
Read More CSX Transportation, Inc. V. Hensley (08-1034), Bobby v. Bies (08-598), Caperton v. A.T. Massey Coal Co., Inc. (08-22) and United States ex rel Eisenstein v. New York (08-660)The summer deluge continues. This Update will cover four decisions: Berghius v. Thompkins (08-1470), holding that a suspect must speak-up in order to invoke his right to remain silent; Carr v. United States (08-1301), finding that the Sex Offender Registration and Notification Act’s registration requirements for convicted sex offenders who travel between states do not apply to offenders who travelled before the statute’s
Read More Berghius v. Thompkins (08-1470), Carr v. United States (08-1301), Samantar v. Yousuf (08-1555) and Alabama v. North Carolina (Orig. 132)
President Obama’s announcement of Second Circuit Judge Sonia Sotomayor as his pick to replace Justice Souter overshadowed other news at the Court this week. (For those who want the nitty-gritty on what this appointment might mean for the Court, SCOTUSblog has done a pretty extensive analysis of Judge Sotomayor’s decisions, which is available here: http://www.scotusblog.com/wp/?s=sotomayor.) The Court did release two criminal decisions this week
Read More Montejo v. Louisiana (07-1529), Haywood v. Drown (07-10374), Abuelhawa v. United States (08-192) and order listIt isn’t often that the Court hands down a decision of equal interest to the popular press and civil procedure professors, but we got one this week in Ashcroft v. Iqbal (07-1015) – which dealt both with the standard for establishing “supervisory liability” for a Bivens claim against federal officials (here, former Attorney General John Ashcroft and former Director of the FBI Robert Mueller) for
Read More Ashcroft v. Iqbal (07-1015), AT&T Corp. v. Hulteen (07-543) and order list