Seth Nickerson

United States Supreme Court (10 summaries)

Walden v. Fiore

The drafting of a false affidavit of probable cause in Georgia which concerned property owned by Nevada residents was insufficient to establish the "minimum contacts" necessary for a Nevada court to exercise personal jurisdiction over a Georgia defendant.

Area(s) of Law:
  • Civil Procedure

Burrage v. United States

A drug distributed by a defendant must be the "but-for" cause of death or serious injury before that defendant can be liable under the Controlled Substances Act’s penalty enhancement provision.

Area(s) of Law:
  • Sentencing

Descamps v. United States

A court may not use the modified categorical approach when considering a defendant's conviction under an indivisible statue that is broader than the generic offense.

Area(s) of Law:
  • Sentencing

United States v. Davila

A plea cannot be vacated for an error under Federal Rule of Criminal Procedure 11(h) unless the the error results in prejudice to the defendant's decision to plead guilty.

Area(s) of Law:
  • Criminal Procedure

Dan's City Used Cars, Inc. v. Pelkey

The Federal Aviation Administration Authorization Act of 1994 does not preempt state-law claims arising from the storage and disposal of towed vehicles.

Area(s) of Law:
  • Preemption

Genesis Healthcare Corp. v. Symcyzk

A collective action to recover damages is not justiciable if the sole plaintiff's individual claim becomes moot.

Area(s) of Law:
  • Civil Procedure

Henderson v. United States

A trial court's decision is "plain error" under Federal Rule of Criminal Procedure 52(b) if the error is plain at the time of appellate review, even when the law was unsettled at the time of error.

Area(s) of Law:
  • Criminal Procedure

Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc.

The flow of polluted river water through concrete channels and back into the same river does not constitute a "discharge of pollutants" under the Clean Water Act.

Area(s) of Law:
  • Environmental Law

Williams v. Illinois

A laboratory report that was not prepared for the purpose of incriminating a targeted suspect is non-testimonial within the meaning of the Confrontation Clause.

Area(s) of Law:
  • Evidence

Mohamad v. Palestinian Authority

The Tortured Victims Protection Act's authorization of a suit against an "individual" only extends liability to natural persons and not to non-sovereign organizations.

Area(s) of Law:
  • Tort Law

United States Supreme Court Certiorari Granted (12 summaries)

Jennings v. Stephens

Whether a habeas petitioner who prevails on an ineffective assistance of counsel of claim can raise assertions of deficient performance that were rejected by the trial court against the state's appeal if the petitioner has not filed a separate notice of appeal and certificate of appealability.

Area(s) of Law:
  • Habeas Corpus

The Republic of Argentina v. NML Capital, Ltd.

Whether post-judgment discovery, when enforcing a judgment against a foreign state, can be ordered against assets held outside of the United State or is limited to assets that are executable under the Foreign Sovereign Immunities Act (FSIA).

Area(s) of Law:
  • Sovereign Immunity

Clark v, Rameker

Whether non-spousal inherited IRAs are exempt from creditors' claims as "retirement funds" under Section 522 of the Bankruptcy Code.

Area(s) of Law:
  • Bankruptcy Law

Octane Fitness v. Icon Health and Fitness

Whether the Federal Circuit's two-step test for determining that a case is "exceptional" for the purpose of awarding attorney's fees to a prevailing accused infringer is an appropriate interpretation of 35 U.S.C. § 285.

Area(s) of Law:
  • Patents

Environmental Protection Agency v. EME Homer City Generation

Whether the Environmental Protection Agency (EPA) must quantify a states contribution to downwind non-attainment before adopting a FIP; and whether the EPA's interpretation of "contributes significantly" may permissibly define "significant" interstate pollution to include the cost effective reductions an upwind state can make to improve air pollution in downwind states.

Area(s) of Law:
  • Environmental Law

UBS v. Union de Empleados

Whether the proper standard of review for a dismissal under Federal Rule of Civil Procedure 23.1 is de novo review or abuse of discretion.

Area(s) of Law:
  • Civil Procedure

Rosemond v. United States

Whether a the crime of aiding and abetting the use of a firearm during a federal drug trafficking offense requires proof of the defendant's facilitation or encouragement of the principal, or simple knowledge that the principal used the firearm during a crime in which the defendant participated.

Area(s) of Law:
  • Criminal Law

DaimlerChrysler AG v. Bauman

Whether a court may exercise personal jurisdiction over a foreign corporation based solely on its relationship to a subsidiary in the forum state.

Area(s) of Law:
  • Civil Procedure

Madigan v. Levin

Whether a state or local employee's claim for age discrimination under 42 U.S.C. § 1983 is precluded by the Age Discrimination and Employment Act.

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

Shelby County, Ala. v. Holder

"Whether Congress' decision in 2006 to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution."

Area(s) of Law:
  • Constitutional Law

McBurney v. Young

Whether the Virginia Freedom of Information Act, which limits the right of access to public documents to Virginia citizens, violates the Constitution's Privileges and Immunities and dormant commerce clauses.

Area(s) of Law:
  • Constitutional Law

Henderson v. United States

Whether an error can be "plain error” under Federal Rule of Criminal Procedure 52(b), when a law that was previously unsettled becomes settled during subsequent appeal.

Area(s) of Law:
  • Criminal Procedure