William Johnston

United States Supreme Court (8 summaries)

Wos v. E.M.A.

North Carolina’s statute requiring that up to one-third of any damages recovered by a Medicaid beneficiary for a tortious injury be paid to the State to reimburse it for payments it made for medical treatment on account of the injury is conflict-preempted by 42 U.S.C §1396p(a)(1) which prohibits States from attaching a lien on the property of a Medicaid beneficiary to recover benefits paid by the State on the beneficiary’s behalf.

Area(s) of Law:
  • Preemption

Gabelli v. SEC

In a securities action brought by the SEC, the statute of limitations begins to run on the date the allegedly fraudulent action occurred not the date it was discovered.

Area(s) of Law:
  • Securities Law

United States v. Bormes

When a statute contains a self-executing remedial scheme, courts are to look only to the text of the statute to determine whether Congress intended to waive the government’s sovereign immunity.

Area(s) of Law:
  • Sovereign Immunity

United States v. Alvarez

The Stolen Valor Act, which prohibits falsely claiming to have received a military award, violates the First Amendment because falsity alone is insufficient to bring speech outside of its protection.

Area(s) of Law:
  • First Amendment

Arizona v. United States

The provision of Arizona’s anti-illegal immigration law requiring police officers to make a “reasonable attempt . . . to determine the immigration status” of persons stopped, detained or arrested when they have reasonable suspicion that the person is an alien “unlawfully present in the United States” is constitutional, but the other three provisions of S.B. 1070 are preempted by federal law.

Area(s) of Law:
  • Preemption

Knox v. Service Employees International Union, Local 1000

When a public union wishes to raise money via a special assessment or mid-year increase in dues, it is required to issue notice to its constituents and is forbidden from taking funds from non-consenting nonmembers.

Area(s) of Law:
  • First Amendment

Freeman v. Quicken Loans, Inc.

A violation of 12 U.S.C. § 2607(b) of RESPA only occurs when unearned fees for settlement services are split among multiple parties.

Area(s) of Law:
  • Property Law

Rehberg v. Paulk

A grand jury witness is entitled to the same absolute immunity from a § 1983 suit as a trial witness.

Area(s) of Law:
  • Criminal Procedure

United States Supreme Court Certiorari Granted (4 summaries)

Bond v. United States

Whether Congress can enact legislation in areas normally reserved to the states in order to implement a valid treaty.

Area(s) of Law:
  • Preemption

McQuiggin v. Perkins

Whether a prisoner claiming actual innocence when petitioning for a writ of habeas corpus must do so with "reasonable diligence."

Area(s) of Law:
  • Habeas Corpus

Cable, Telecommunications, and Technology Committee v. FCC

Whether a Chevron analysis is appropriate for reviewing an administrative agency's interpretation of its own jurisdiction.

Area(s) of Law:
  • Administrative Law

Delia v. E.M.A.

Whether the Medicaid Act’s anti-lien provision preempts a North Carolina statute allowing the Department of Health and Human Services to place liens on settlement proceeds.

Area(s) of Law:
  • Preemption