Willamette Law Online

United States Supreme Court Certiorari Granted

( 15 summaries )

Opinions Filed in June 2012

Already, LLC v. Nike, Inc.

Constitutional Law: Whether a covenant not to sue deprives a defendant of a counterclaim due to loss of Article III subject matter jurisdiction since there is no case or controversy for the court to rule on.

(Filing Date: 06-25-2012)

American Tradition Partnership v. Bullock

Constitutional Law: A state ban on independent political expenditures from corporate general treasuries unduly burdens First Amendment rights.

(Filing Date: 06-25-2012)

Comcast Corp. v. Behrend

: Whether district courts may certify class actions without first resolving whether the class has introduced admissible evidence—including expert testimony—to establish the case is susceptible to an award of damages on a class-wide basis in satisfaction of the predominance requirements of Fed. R. Civ. P. 23.

(Filing Date: 06-25-2012)

FTC v. Phoebe Putney Health System, Inc.

Corporations: (1) Whether the Georgia legislature “clearly articulated and affirmatively expressed [a] state policy to displace competition” when it vested powers to acquire and lease hospitals; if so (2) whether such policy is sufficient to validate anticompetitive conduct given minimal state involvement with a leased hospital.

(Filing Date: 06-25-2012)

Genesis HealthCare Corp. v. Symczyk

Constitutional Law: Whether Article III’s Case or Controversy Clause moots an action when the plaintiff receives an offer that satisfies all of plaintiff's claims.

(Filing Date: 06-25-2012)

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

Environmental Law: Whether the Ninth Circuit erred when it rejected the EPA’s position that runoff from forest roads does not require a permit and mandated that the EPA regulate such runoff as industrial stormwater subject to the National Pollutant Discharge Elimination System (NPDES).

(Filing Date: 06-25-2012)

Henderson v. United States

Criminal Procedure: Whether an error can be "plain error” under Federal Rule of Criminal Procedure 52(b), when a law that was previously unsettled becomes settled during subsequent appeal.

(Filing Date: 06-25-2012)

Los Angeles County Flood Control District v. Natural Resources Defense Council

Environmental Law: Whether water that flows from one point in a navigable waterway, through a man-made channel, and back into the same river, can be considered a "discharge" from an "outfall" under the Clean Water Act.

(Filing Date: 06-25-2012)

Sebelius v. Auburn Regional Medical Center

Civil Procedure: Whether the 180-day statutory time limit for filing an appeal with the Provider Reimbursement Review Board from a final Medicare payment determination made by the PRRB is subject to equitable tolling.

(Filing Date: 06-25-2012)

US Airways, Inc. v. McCutchen

Employment Law: Whether § 502(a)(3) of the Employee Retirement Income Security Act (ERISA) authorizes courts to use equitable principles to rewrite contractual language and refuse to order participants to reimburse their plan for benefits paid even when the plan’s terms give it an absolute right to full reimbursement.

(Filing Date: 06-25-2012)

Vance v. Ball State University

Employment Law: Whether "supervisor" liability under Title VII of the Civil Rights Act of 1964 applies to harassment by individuals the employer has vested with authority to direct and oversee alleged victims’ work, or is limited to individuals who are empowered to “hire, fire, demote, promote, transfer, or discipline” the alleged victim.

(Filing Date: 06-25-2012)

Smith v. United States

Criminal Law: Whether the defendant bears the burden of proving withdrawal from a conspiracy or whether the burden shifts to the government once the defendant meets the burden of production to show withdrawal from the conspiracy.

(Filing Date: 06-18-2012)

Amgen Inc. v. Connecticut Retirement Plans and Trust Funds

Civil Procedure: Whether a court must require proof of materiality or allow evidence rebutting the applicability of the fraud-on-the-market theory before certifying a class based on that theory.

(Filing Date: 06-11-2012)

Evans v. Michigan

Constitutional Law: Whether an erroneously granted directed verdict, based on the prosecution’s failure to prove a non-existent element of the crime is an acquittal subject to the double-jeopardy provisions of the United States and state constitutions.

(Filing Date: 06-11-2012)

Bailey v. United States

Criminal Procedure: Whether Michigan v. Summers, 452 U.S. 692 (1981) allows police officers executing a search warrant to detain an individual who left the premises before the warrant was executed.

(Filing Date: 06-04-2012)