United States Supreme Court Certiorari Granted

Opinions Filed in December 2015

United States v. Bryant

Whether the domestic abuse recidivist statute should consider past convictions from tribal courts where the defendant did not have a right to counsel and the conviction resulted in imprisonment.

Area(s) of Law:
  • Criminal Law

Bernard v. Minnesota

Whether, without a warrant, a State can make an individual’s refusal to take a chemical test to check for intoxicants a criminal offense?

Area(s) of Law:
  • Constitutional Law

Beylund v. Levi

Whether, without a warrant, a State can make an individual’s refusal to take a chemical test to check for intoxicants a criminal offense?

Area(s) of Law:
  • Constitutional Law

Birchfield v. North Dakota

Whether, without a warrant, a State can make an individual’s refusal to take a chemical test to check for intoxicants a criminal offense?

Area(s) of Law:
  • Constitutional Law

Ross v. Blake

Whether the Fourth Circuit properly used a common law “special circumstances” exception to the Prison Litigation Reform Act?

Area(s) of Law:
  • Civil Rights § 1983

Sheriff v. Gillie

Whether special counsel appointed by the attorney general to undertake their duty to collect debts owed to the State are state officials and whether it is materially misleading for the special counsel to use the attorney general’s letterhead to convey they are collecting debts owed to the State.

Area(s) of Law:
  • Administrative Law

United States Army Corps of Engineers v. Hawkes Co., Inc.

Whether an approved jurisdictional determination issued by the United States Army Corps of Engineers or Environmental Protection Agency under the Clean Water Act is considered a final agency action subject to immediate judicial review under the Administrative Procedure Act § 704?

Area(s) of Law:
  • Administrative Law

Acosta-Febo v. Franklin California Tax-Free Trust

Whether the Puerto Rico Public Corporation Debt Enforcement Recovery Act is preempted by 11 U.S.C. §903(1)?

Area(s) of Law:
  • Bankruptcy Law

Betterman v. Montana

Whether sentencing is part of the trial for the purpose of the Sixth Amendment right to a speedy trial.

Area(s) of Law:
  • Constitutional Law

CRST Van Expedited, Inc. v. Equal Employment Opportunity Commission

Whether the dismissal of a lawsuit, due to failure of the party to comply with pre-suit requirements, can form the basis of an award for attorney’s fees?

Area(s) of Law:
  • Attorney Fees

Universal Health Services v. U.S. Commonwealth of Massachusetts

Whether the “implied certification” theory is viable under the False Claims Act and, if viable, whether a government contractor’s reimbursement claim is “false” under this theory, and whether falsity requires express statements of payment?

Area(s) of Law:
  • Contract Law

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