Willamette Law Online

United States Supreme Court

2014

( 7 summaries )

January

Daimler AG v. Bauman

Civil Procedure: Petitioner is not answerable to a suit in California for injuries which occurred outside of the United States.

(Filing Date: 01-14-2014)

Mississippi ex rel. Hood v. AU Optronics Corp.

Civil Procedure: A suit filed by a State on behalf of the State and their citizens where the State is the only named party in the suit does not constitute a “mass action” under the Class Action Fairness Act of 2005.

(Filing Date: 01-14-2014)

Ray Haluch Gravel Co. v. Central Pension Fund of Operating Engineers and Participating Employers

Attorney Fees: A judgment on the merits is final even if the amount or award of attorneys' fees is still pending.

(Filing Date: 01-15-2014)

Medtronic, Inc. v. Merowski Family Ventures, LLC

Civil Procedure: The burden of persuasion in a declaratory judgment action stemming from a patent infringement suit is on the patentee.

(Filing Date: 01-22-2014)

Air Wisconsin Airlines Corp. v. Hoeper

Qualified Immunity: Under the Aviation and Transportation Security Act (ATSA), immunity is not granted when airlines and their employees provide materially false disclosures about suspicious behavior.

(Filing Date: 01-27-2014)

Burrage v. United States

Sentencing: 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.

(Filing Date: 01-27-2014)

Sandifer v United States Steel Corporation

Labor Law: The time spent putting on protective gear before work qualifies as "changing clothes" under the Fair Labor Standards Act of 1938.

(Filing Date: 01-27-2014)

( 5 summaries )

February

Fernandez v. California

Criminal Procedure: An objecting occupant does not have the Fourth Amendment right to suspend all searches of a residence when another occupant consents to the search. The objecting occupant must be at the residence to assert their Fourth Amendment right.

(Filing Date: 02-25-2014)

Kaley v. United States

Criminal Procedure: A criminal defendant who is indicted does not have the constitutional right to challenge a grand jury's finding of probable cause.

(Filing Date: 02-25-2014)

Walden v. Fiore

Civil Procedure: 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.

(Filing Date: 02-25-2014)

Chadbourne & Parke LLP v. Troice

Civil Procedure: The Securities Litigation Uniform Standards Act of 1998 does not preclude the Respondents' state-law class actions alleging that the Petitioners assisted in carrying out a Ponzi scheme by alleging that the uncovered securities that plaintiffs purchased were protected by covered securities.

(Filing Date: 02-26-2014)

United States v. Apel

Property Law: For 18 U.S.C. § 1382 purposes, a military installation includes the commanding officer's area of responsibility.

(Filing Date: 02-26-2014)

( 9 summaries )

March

Lawson v. FMR LLC

Employment Law: The whistleblower protection provision of the Sarbanes-Oxley Act shelters employees of private contractors and subcontractors.

(Filing Date: 03-04-2014)

Law v. Siegel

Bankruptcy Law: Bankruptcy courts may only disallow statutory exemptions if permitted by statute, and lack any statutory or inherent power to directly or indirectly disallow exemptions by contradicting specific statutes.

(Filing Date: 03-04-2014)

BG Group plc v. Argentina

Arbitration: When a United States court reviews an arbitration award under the Treaty, the provisions of the arbitration and award should be examined under the principles of contract law.

(Filing Date: 03-05-2014)

Lozano v. Montoya Alvarez

Family Law: Equitable tolling is unavailable under the Hague Convention on the Civil Aspects of International Child Abduction even when the child's whereabouts is concealed.

(Filing Date: 03-05-2014)

Rosemond v. United States

Criminal Law: A defendant is guilty of aiding and abetting under §924(c) when the defendant actively participates in the commission of a crime, and when the defendant has advance knowledge that a gun will be used in a crime.

(Filing Date: 03-05-2014)

Marvin M. Brandt Revocable Trust v United States

Property Law: The right of way granted under the Right-of-Way Act of 1875 is an easement and thus, when abandoned by the Railroad, the easement is terminated.

(Filing Date: 03-10-2014)

United States v. Quality Stores, Inc., Et. al.

Tax Law: Severance payments are taxable wages under the Federal Insurance Contributions Act.

(Filing Date: 03-25-2014)

United States v. James Alvin Castleman

Criminal Law: A conviction for misdemeanor domestic assault by intentionally or knowingly causing bodily injury to a parent of his/her child qualifies as a conviction for a "misdemeanor crime of domestic violence."

(Filing Date: 03-26-2014)

( 2 summaries )

April

McCutcheon et al v. Federal Election Commission

Election Law: The aggregate limit provision of the Federal Election Campaign Act of 1971(as amended by the Bipartisan Campaign Reform Act of 2002) that put limits on how much total money a contributor can donate to all federal candidates violates First Amendment protection for political expression and political association.

(Filing Date: 04-02-2014)

Northwest, Inc. v. Ginsberg

Preemption: The Airline Deregulation Act of 1978 preempts state common law provisions that expand the scope of the contract rights between airlines and air passengers.

(Filing Date: 04-02-2014)