Willamette Law Online

United States Supreme Court

( 6 summaries )

Opinions Filed in January 2013

Sebelius v. Auburn Regional Medical Center

Administrative Law: Because the 180-day period within which a healthcare provider must appeal a fiscal intermediary’s initial decision on the amount for which the provider is to be reimbursed for inpatient services rendered to Medicare beneficiaries under 42 U. S. C. §1395oo(a)(3) is not “jurisdictional” it was permissible for the Secretary of Health and Human Services to allow a regulation extending the time for a provider’s appeal to three years and the presumption in favor of equitable tolling is not applicable.

(Filing Date: 01-22-2013)

Lozman v. Riviera Beach

Admiralty: The test for whether a floating structure is a vessel is “[whether] a reasonable observer, looking to the home’s physical characteristics and activities, would consider it designed to a practical degree for carrying people or things over water.”

(Filing Date: 01-15-2013)

Already, LLC v Nike, Inc.

Standing: Broad language to "unconditionally and irrevocably" prohibit suit, claim or demand meets the burden of the voluntary cessation test and therefore ends any actual case or controversy necessary for Article III standing.

(Filing Date: 01-09-2013)

Smith v. United States

Criminal Law: A defendant—not the government—has the burden of proving withdrawal from a conspiracy.

(Filing Date: 01-09-2013)

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

Environmental Law: 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.

(Filing Date: 01-08-2013)

Ryan v. Gonzales & Tibbals v. Carter v. Solis

Habeas Corpus: State prisoners have no right to a stay of their record-based habeas proceedings when they are adjudged incompetent.

(Filing Date: 01-08-2013)