Willamette Law Online

United States Supreme Court Certiorari Granted

2011 United States Supreme Court Certiorari Granted Opinions

( 3 summaries )

October

Freeman v. Quicken Loans, Inc.

Civil Law: Whether § 8(b) of the Real Estate Settlement Procedures Act (RESPA) prohibits a real estate settlement services provider from charging an unearned fee only if the fee is divided between two or more parties.

(Filing Date: 10-11-2011)

Mohamad v. Rajoub

Corporations: (Whether the Torture Victim Protection Act includes corporations or organizations as possible defendants.)

(Filing Date: 10-17-2011)

United States v. Alvarez

First Amendment: (Whether the Stolen Valor Act is facially invalid under the Free Speech Clause of the First Amendment.)

(Filing Date: 10-17-2011)

( 9 summaries )

December

Armour v. Indianapolis

Constitutional Law: Whether the City of Indianapolis violated the 14th Amendment by forgiving outstanding assessments for some property owners while not offering refunds for others who had paid in full.

(Filing Date: 11-14-2011)

Astrue v. Capato

Administrative Law: Whether a child conceived after his biological father's death and prohibited by state intestacy law from inheriting personal property is nonetheless eligible for child survivor benefits under Title II of the Social Security Act.

(Filing Date: 11-14-2011)

Florida v. Department of Health and Human Services

Constitutional Law: Whether the Patient Protection and Affordable Care Act's expansion of the Medicaid law exceeds Congress's power under the Spending Clause of Article I.

(Filing Date: 11-14-2011)

National Federation of Independent Business v. Sebelius

Constitutional Law: Whether the entire Patient Protection and Affordable Care Act must be invalidated because its mandate requiring individuals to obtain health insurance is nonseverable from the remainder of the Act.

(Filing Date: 11-14-2011)

U.S. Department of Health and Human Services v. Florida

Constitutional Law: (1) Whether the Patient Protection and Affordable Care Act is beyond Congress’ Article I power because it includes a mandate for individuals to obtain health insurance or pay a monetary fine; and (2) Whether the Anti-Injunction Act, 26 U.S.C. §7421(a), bars suits by challengers to the Act.

(Filing Date: 11-14-2011)

Christopher v. SmithKline Beecham Corp. (11-204)

Administrative Law: (1) Whether deference is owed to the to the Secretary of Labor’s interpretation of the Fair Labor Standards Act’s sales exemption; and (2)whether the FLSA’s outside sale exemption applies to pharmaceutical sales representatives.

(Filing Date: 11-28-2011)

Hill v. United States and Dorsey v. United States

Sentencing: Whether the Fair Sentencing Act applies in a sentencing proceeding that takes place on or after the statute’s effective date when the underlying offense occurred prior to that date.

(Filing Date: 11-28-2011)

Southern Union Co. v. U.S.

Sentencing: Whether the Apprendi requirement, which requires any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum be submitted to a jury, and proved beyond a reasonable doubt, applies to criminal fines.

(Filing Date: 11-28-2011)

F.A.A. v. Cooper

Civil Procedure: Whether a plaintiff who alleges only mental and emotional injuries can establish actual damages within the meaning of the civil remedies provision of the Privacy Act, 5 U.S.C. § 552a(g)(4)(A).

(Filing Date: 11-30-2011)

( 3 summaries )

December

Arizona v. United States

Preemption: Whether an Arizona immigration law is preempted by federal law, specifically the Immigration and Nationality Act (INA).

(Filing Date: 12-12-2011)

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak and Patchak v. Salazar

Standing: Whether a private individual who alleges injuries resulting from the operation of a gaming facility on Indian trust land has standing to challenge a decision of the Secretary of the Interior to take title to that land in trust, on the ground that the decision was not authorized by the Indian Reorganization Act, and (2) whether a suit of that nature is an action under the Quiet Title Act, which supplants section 702 of the Administrative Procedures Act’s waiver of sovereign immunity.

(Filing Date: 12-12-2011)

RadLAX Gateway Hotel, LLC v. Amalgamated Bank

Bankruptcy Law: Whether a debtor may pursue a Chapter 11 plan that proposes to sell assets free of liens without allowing the secured creditor to credit bid, but instead providing it with the indubitable equivalent of its claim under Section 1129(b)(2)(A)(iii) of the Bankruptcy Code.

(Filing Date: 12-12-2011)