United States Supreme Court Certiorari Granted

Opinions Filed in April 2023

Halkbank v. United States

Whether U.S. district courts may exercise subject matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. § 3231 and in light of the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330, 1441(d), 1602-1611.

Area(s) of Law:
  • Criminal Procedure

MOAC Mall Holdings LLC v. Transform Holdco LLC

Mandatory rules within a statute do not necessarily make that statute jurisdictional. Henderson v. Shinseki, 562 U. S. 428, 435 (2011). The Court will treat a rule as jurisdictional “only if Congress says as much.” Boechler v. Commissioner of Internal Revenue, 596 U.S. ___ (2022).

Area(s) of Law:
  • Bankruptcy Law

Reed v. Goertz

In a procedural due process claim, the plaintiff has a complete and present claim when “the state fails to provide due process,” not when the deprivation occurs. Zinermon v. Burch, 494 U.S. 113, 125 (1990).

New York v. New Jersey

Interstate compacts are "construed as contracts under the principles of contract law."Tarrant Regional Water Dist. v. Herrmann, 569 U.S. 614, 628 (2013). To resolve a dispute over the terms of a Compact, the court must, "begin by examining the express terms of the Compact as the best indication of the intent of the parties." Tarrant, 569 U.S. at 628.

Area(s) of Law:
  • Contract Law

Axon Enterprise, Inc. v. FTC

The Court applies the Thunder Basin factors to determine if Congress intended to limit jurisdiction of claims regarding federal agency actions to the statutory administrative review structure or if they may be litigated under 28 U.S.C. § 1331.

Area(s) of Law:
  • Civil Procedure

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