Willamette Law Online

United States Supreme Court Certiorari Granted

( 9 summaries )

Opinions Filed in September 2012

Delia v. E.M.A.

Preemption: Whether the Medicaid Act’s anti-lien provision preempts a North Carolina statute allowing the Department of Health and Human Services to place liens on settlement proceeds.

(Filing Date: 09-25-2012)

Gabelli v. Securities and Exchange Commission

Civil Procedure: Whether the five-year limitations period under 28 U.S.C. § 2462 is calculated from the date of the underlying infraction or from when the government actually—or should have—discovered the fraud when there are no additional legislative controlling provisions.

(Filing Date: 09-25-2012)

Levin v. United States

Tort Law: Whether the United States and individual military personnel acting within the scope of their employment can be sued for the common law tort of battery.

(Filing Date: 09-25-2012)

Maracich v. Spears

Professional Responsibility: Whether lawyers may use personal information protected by the Driver's Privacy Protection Act to investigate and solicit potential clients for a class action litigation or whether such use falls outside the permissible scope of the litigation exception.

(Filing Date: 09-25-2012)

Millbrook v. United States

Tort Law: Whether 28 U.S.C. §§1346(b) and 2680(h) waive the sovereign immunity of the United States for intentional torts committed by prison guards who are acting within the scope of their employment but are not exercising authority to "execute searches, to seize evidence or to make arrests for violations of Federal law."

(Filing Date: 09-25-2012)

Missouri v. McNeely

Criminal Procedure: Whether evidence obtained by a nonconsensual and warrantless blood sample from a drunk driver is admissible under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.

(Filing Date: 09-25-2012)

Descamps v. United States

Sentencing: Whether a state conviction under a modified statute that is missing an element of the generic crime may be used to enhance sentencing under the Armed Career Criminal Act.

(Filing Date: 09-06-2012)

The Standard Fire Insurance Co. v. Knowles

Civil Procedure: Whether a class action plaintiff's stipulation limiting damages to below the federal amount in controversy threshold, made to defeat defendant's right of removal under the Class Action Fairness Act of 2005, is binding on absent class members.

(Filing Date: 08-31-2012)

Chafin v. Chafin

Standing: Whether an appeal of a ruling on a petition for Return of Children under the Hague Convention becomes moot when the child at issue returns to his or her own country of habitual residence.

(Filing Date: 08-13-2012)