Willamette Law Online

United States Supreme Court

( 13 summaries )

Opinions Filed in February 2012

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Kurns v. Railroad Friction Products Corp.

Preemption: (The Locomotive Inspection Act, 49 U.S.C. § 20701 et seq., preempts defective design and failure to warn state law tort claims.)

(Filing Date: 02-29-2012)

Mohamad v. Palestinian Authority

Tort Law: Whether the Torture Victim Protection Act includes corporations or organizations as possible defendants.

(Filing Date: 02-28-2012)

Elgin v. Department of the Treasury

Employment Law: Whether the Civil Service Reform Act ("CSRA") prevents federal district courts from having jurisdiction over constitutional challenges to employment dismissals under the Military Selective Services Act ("MSSA").

(Filing Date: 02-27-2012)

Wood v. Milyard

Habeas Corpus: (1) Whether an appellate court has the authority to raise sua sponte a 28 U.S.C. § 2244(d) statute of limitations defense; and (2) whether the state’s declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of [petitioner’s] habeas petition,” amounts to a waiver of any statute of limitations defense.

(Filing Date: 02-27-2012)

Douglas v. Independent Living Center of Southern California, Inc.

Constitutional Law: The original issue of whether Medicaid providers and recipients may maintain a Supremacy Clause action is not longer applicable because the federal administration in charge of administering Medicaid decided that the state statutes were consistent with federal law.

(Filing Date: 02-22-2012)

Messerschmidt v. Millender

Criminal Procedure: Police officers are entitled to qualified immunity from a 42 U.S.C. § 1983 suit when they have a reasonable belief that the scope of a warrant issued by a neutral magistrate was supported by probable cause.

(Filing Date: 02-22-2012)

United States v. Alvarez

Constitutional Law: (Whether the Stolen Valor Act is facially invalid under the First Amendment's Free Speech clause.)

(Filing Date: 02-22-2012)

Freeman v. Quicken Loans, Inc.

Consumer Credit: (Whether § 8(b) of the Real Estate Settlement Procedures Act (RESPA) prohibits a real estate settlement services provider from charging an unearned fee only if the fee is divided between two or more parties).

(Filing Date: 02-21-2012)

Howes v. Fields

Criminal Procedure: Police were not required to issue Miranda warnings when interrogating a prisoner for an unrelated offense when the totality of the circumstances suggest that the prisoner was not in an inherently coercive situation

(Filing Date: 02-21-2012)

Kawashima v. Holder

Immigration: Convictions for making or assisting in the making of a false tax return constitute aggravated felonies under 8 U.S.C. § 1101(a)(43)(M)(i) when the loss to the government exceeds $10,000 and therefore subject petitioners to deportation under the Immigration and Nationality Act.

(Filing Date: 02-21-2012)

Marmet Health Care Center, Inc. v. Brown

Contract Law: West Virginia's prohibition of pre-dispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes is contrary to the terms and coverage of the Federal Arbitration Act (FAA).

(Filing Date: 02-21-2012)

Wetzel v. Lambert

Habeas Corpus: The Third Circuit failed to assess the state court’s determinations for reasonableness under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).

(Filing Date: 02-21-2012)

PPL Montana, LLC v. Montana

Constitutional Law: A state does not acquire title to segments of rivers under the Equal Footing Doctrine when those segments of river were nonnavigable under federal law at the time of statehood.

(Filing Date: 02-02-2012)