United States Supreme Court Certiorari Granted

Opinions Filed in February 2023

Bittner v. United States

Records and reports on foreign financial agency transactions as detailed in 31 U.S.C. §5314 and §5321 may penalize nonwillful violations up to $10,000 per inadequate report, not per foreign account that is in violation.

Area(s) of Law:
  • Tax Law

Delaware v. Pennsylvania

“[N]othing in the parties’ arguments, the Special Master’s Second Interim Report, or the record in these cases [showed] that the Disputed Instruments should be deemed ‘third party bank checks.’”

Area(s) of Law:
  • Property Law

Bartenwerfer v. Buckley

The text of § 523(a)(2)(A), written in the passive voice, focuses on the act, not the actor who committed it. Dean v. United States, 556 U. S. 568, 572 (2009). Contextually, neighboring provisions specify a particular debtor, while section 523(a)(2)(A) does not, supporting further that Congress was agnostic as to the actor who committed the fraud. In addition, this Court held in earlier iterations of this statute that the culpability of one partner is imputed on the entire partnership, and in reenacting the statute Congress did not take steps to correct that interpretation. Strang v. Bradner, 114 U. S. 555, 561 (1885).

Area(s) of Law:
  • Bankruptcy Law

Cruz v. Arizona

“An unforeseeable and unsupported state-court decision on a question of state procedure does not constitute an adequate ground to preclude this Court’s review of a federal question.” Bouie v. City of Columbia, 378 U. S. 347, 354 (1964).

Area(s) of Law:
  • Post-Conviction Relief

Helix Energy Sol. Grp., Inc. v. Hewitt

An employee is not considered salaried under 29 CFR §541.602(a) if his compensation is based on a daily rate. §541.604(b) allows an alternative for employees paid hourly or daily to qualify as salaried, but only if they also earn an additional guaranteed and predetermined weekly payment.

Area(s) of Law:
  • Employment Law

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