United States Supreme Court

Opinions Filed in February 2012

Kurns v. Railroad Friction Products Corp.

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

Area(s) of Law:
  • Preemption

Mohamad v. Palestinian Authority

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

Area(s) of Law:
  • Tort Law

Elgin v. Department of the Treasury

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").

Area(s) of Law:
  • Employment Law

Wood v. Milyard

(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.

Area(s) of Law:
  • Habeas Corpus

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

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.

Area(s) of Law:
  • Constitutional Law

Messerschmidt v. Millender

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.

Area(s) of Law:
  • Criminal Procedure

United States v. Alvarez

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

Area(s) of Law:
  • Constitutional Law

Freeman v. Quicken Loans, Inc.

(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).

Area(s) of Law:
  • Consumer Credit

Howes v. Fields

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

Area(s) of Law:
  • Criminal Procedure

Kawashima v. Holder

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.

Area(s) of Law:
  • Immigration

Marmet Health Care Center, Inc. v. Brown

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).

Area(s) of Law:
  • Contract Law

Wetzel v. Lambert

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

Area(s) of Law:
  • Habeas Corpus

PPL Montana, LLC v. Montana

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.

Area(s) of Law:
  • Constitutional Law

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