For those of you who spent the last six months (since cert was granted in Lightfoot v. Cendant Mortgage Corp. (No. 14-1055)) just dying to know whether the sue-and-be-sued clause in Fannie Mae’s charter grants federal courts jurisdiction over all suits involving the mortgage giant, have we got a treat for you: No. That’s the answer the Court provided in its lone decision yesterday,
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White v. Pauly (16-67)
And Happy New Year! Yes, most of us kicked off 2017 over a week ago, but The Eight reassembled for the new (calendar) year yesterday, and rang it in with a summary reversal. We’ll cover that decision and a late-breaking stay order in a case involving racial gerrymandering in North Carolina below.
White v. Pauly (No. 16-67) repeats a familiar complaint among the Justices: that
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Salman v. United States (15-628), Shaw v. United States (15-5991), Samsung Electronics v. Apple (15-777), State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby (5-513) and Order List
The Eight continue to churn out unanimous decisions to start the Term. This Update will cover four of them—Salman v. United States (No. 15-628), clarifying the “personal benefit” element of insider-trading law; Shaw v. United States (No. 15-5991), clarifying that the bank fraud statute applies even when a defendant seeks only to deplete a particular depositor’s account; Samsung Electronics v. Apple (15-777),
Read More Salman v. United States (15-628), Shaw v. United States (15-5991), Samsung Electronics v. Apple (15-777), State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby (5-513) and Order ListBravo-Fernandez v. United States (15-537) and Order List
The Court issued its first signed opinion of the term this week, a unanimous decision in Bravo-Fernandez v. United States (15-537) holding that the Double Jeopardy Clause does not bar the Government from retrying a defendant after a jury has returned irreconcilably inconsistent verdicts of conviction and acquittal, and the convictions are later vacated for legal error unrelated to the inconsistency. Scratching your heads? We’ll
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Order List: November 21, 2016
The Court has been relatively quiet since our last missive—we’re still waiting for the first signed opinion of the term—but we suspect your minds have been focused on other branches of government over the last few weeks anyway. But, while much of the country has been looking the other way, The Eight have taken some steps to fill in OT16’s docket.
The most high-profile cert
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Bosse v. Oklahoma (15-9173) and Order List
Fresh from a three-day weekend, the Court made short work yesterday of its first decision of the term, a per curiam summary reversal in Bosse v. Oklahoma (15-9173). Though the case touched upon an interesting and potentially controversial question—whether the Eighth Amendment prohibits victims’ family members from weighing in on the appropriate sentence during the penalty phase of a capital case—it actually turned on
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