Willamette Law Online

United States Supreme Court

( 8 summaries )

Opinions Filed in March 2013

Comcast Corp. v. Behrend

Civil Procedure: Before a court may certify a class, a party must demonstrate damages on a classwide basis to satisfy the predominance requirement of Federal Rule of Civil Procedure 23.

(Filing Date: 03-27-2013)

Millbrook v. United States

Tort Law: Under the Federal Tort Claims Act (FTCA) the law enforcement proviso in 28 U.S.C. §2680(h) for intentional torts extends to officers’ acts or omissions arising within the scope of their duty and is not limited to conduct during an arrest, search, or seizure.

(Filing Date: 03-27-2013)

Florida v. Jardines

Criminal Procedure: The “use of trained police dogs to investigate [a] home and its immediate surroundings is a ‘search’ within the meaning of the Fourth Amendment.”

(Filing Date: 03-26-2013)

Decker v. Northwest Environmental Defense Center & Georgia-Pacific West, Inc. v. Northwest Environmental Defense Center

Environmental Law: The EPA should be afforded deference in its interpretation of the Industrial Stormwater Rule (40 CFR §122.26(b)(14)), that stormwater discharges channeled through man-made ditches are “natural runoff” and the ditches are not “point sources” of pollution that require National Pollutant Discharge Elimination System permits.

(Filing Date: 03-20-2013)

Wos v. E.M.A.

Preemption: 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.

(Filing Date: 03-20-2013)

Kirtsaeng v. John Wiley & Sons, Inc.

Copyright: The Copyright Act's "first sale" doctrine permits resale of foreign works legally manufactured and legitimately acquired abroad and imported to the United States without requiring the copyright holder's permission.

(Filing Date: 03-19-2013)

Standard Fire Insurance Co. v. Knowles

Civil Procedure: Federal court jurisdiction under the Class Action Fairness Act of 2005 is not determined based on a stipulation made prior to class-action certification that the plaintiffs will not seek damages above the statutory threshold because the stipulation is not binding on nonparty members.

(Filing Date: 03-19-2013)

Levin v. United States

Tort Law: The Gonzalez Act abrogates the Federal Tort Claim Act's sovereign immunity exception for intentional tort claims against medical doctors, therefore intentional tort claims against armed forces medical personnel acting within the scope of their employment are permissible.

(Filing Date: 03-04-2013)