The Court released four decisions this week. To break things up, this Update will tackle three, addressing topics ranging from credit for the payment of foreign taxes in PPL Corp. v. Commissioner (12-43), to attorneys’ fees for late-filed cases under the National Childhood Vaccine Injury Act in Sebelius v. Cloer (12-236), to habeas challenges under AEDPA (yes, every Update has to have at
Read More PPL Corp. v. Commissioner (12-43), Sebelius v. Cloer (12-236) and Metrish v. Lancaster (12-547)
Bowman v. Monsanto (11–796), Bullock v. BankChampaign, N.A. (11-1351), Dan’s City Used Cars, Inc. v. Pelkey (12-52)
The Court issued three more decisions this week, marked by their unanimity of opinion: Bowman v. Monsanto (11–796), holding that the patent exhaustion doctrine does not permit a farmer to “copy” patented soybean seeds by planting and harvesting; Bullock v. BankChampaign, N.A. (11-1351), holding that bankruptcy courts may refuse to discharge a debt for “defalcation” – i.e., a debt incurred because of…
Read More Bowman v. Monsanto (11–796), Bullock v. BankChampaign, N.A. (11-1351), Dan’s City Used Cars, Inc. v. Pelkey (12-52)
Missouri v. McNeely (11-1425), McBurney v. Young (12-17) and Moncrieffe v. Holder (11-702)
Today, we bring you a trio of recent decisions beginning with the letter “M”: Missouri v. McNeely (11-1425), finding that the natural metabolization of alcohol does not present a per se exigent circumstance permitting officers to obtain blood samples from suspected drunk drivers without a warrant; McBurney v. Young (12-17), holding that a Virginia law limiting state Freedom of Information Act access to…
Read More Missouri v. McNeely (11-1425), McBurney v. Young (12-17) and Moncrieffe v. Holder (11-702)
Genesis Healthcare Corp. v. Symczyk (11-1059), Kiobel v. Royal Dutch Petroleum Co. (10-1491), and Boyer v. Louisiana (11-9953)
We’re back to bring you Genesis Healthcare Corp. v. Symczyk (11-1059), on whether a FLSA collective action can proceed after the named plaintiff’s claim is rendered moot, Kiobel v. Royal Dutch Petroleum Co. (10-1491), in which the Court held that the Alien Tort Statute does not have extraterritorial reach, and Boyer v. Louisiana (11-9953), in which the Court dismissed a speedy trial…
Read More Genesis Healthcare Corp. v. Symczyk (11-1059), Kiobel v. Royal Dutch Petroleum Co. (10-1491), and Boyer v. Louisiana (11-9953)
Decker v. Northwest Environmental Defense Center (11-338), Wos v. E.M.A. (12-98) and Order List
We’re back, this time to bring you two decisions from last month, as well as the Court’s cert grants and other significant orders through last week. This Update covers Decker v. Northwest Environmental Defense Center (11-338), which made more waves with Justice Scalia’s separate opinion criticizing the practice of giving deference to administrative agencies’ interpretations of their own regulations, than with the majority’s analysis…
Read More Decker v. Northwest Environmental Defense Center (11-338), Wos v. E.M.A. (12-98) and Order List
US Airways v. McCutcheon (11-1285) and Marshall v. Rodgers (12-382)
It’s time to get up to speed on some recent decisions. In this edition, we have US Airways v. McCutchen [11-1285], in which the Court held that equitable doctrines did not trump an ERISA plan’s terms, and Marshall v. Rodgers [12-382], which reversed habeas relief granted by the Ninth Circuit.
Justice Kagan took the pen in US Airways v. McCutchen [11-1285], writing…
Read More US Airways v. McCutcheon (11-1285) and Marshall v. Rodgers (12-382)