Willamette Law Online

United States Supreme Court Certiorari Granted

( 12 summaries )

Opinions Filed in October 2012

Bullock v. BankChampaign

Bankruptcy Law: Whether §523(a)(4) of the Bankruptcy Code requires a showing of “extreme recklessness” or merely “objective recklessness” to constitute defalcation.

(Filing Date: 10-29-2012)

McQuiggin v. Perkins

Habeas Corpus: Whether a prisoner claiming actual innocence when petitioning for a writ of habeas corpus must do so with "reasonable diligence."

(Filing Date: 10-29-2012)

PPL Corp. v. CIR

Tax Law: Whether courts should apply a formalistic or substance-based approach when determining the creditability of foreign tax credits.

(Filing Date: 10-29-2012)

Trevino v. Thaler

Habeas Corpus: Whether a state court procedural defect acts to bar a federal habeas court from hearing a substantial claim of ineffective assistance at trial.

(Filing Date: 10-29-2012)

Arizona v. Inter Tribal Council

Preemption: (1) Whether the Court of Appeals for the Ninth Circuit erred when it applied a heightened preemption test under the Elections Clause instead of applying the more traditional preemption analysis under the Supremacy Clause; and (2) whether the Court of Appeals for the Ninth Circuit erred in holding that the National Voter Registration Act preempted an Arizona law requiring proof of eligibility to register to vote.

(Filing Date: 10-15-2012)

Alleyne v. United States

Sentencing: Whether Harris v. United States, which held that the Constitution does not require facts which increase a mandatory minimum sentence to be determined by a jury, should be overruled.

(Filing Date: 10-05-2012)

Bowman v. Monsanto

Patents: Whether patents on seeds containing self-replicating technology are exhausted after an authorized sale.

(Filing Date: 10-05-2012)

Boyer v. Louisiana

Constitutional Law: Whether a five-year delay due to a state funding crisis for indigent defendants counts against the state for speedy trial purposes.

(Filing Date: 10-05-2012)

Cable, Telecommunications, and Technology Committee v. FCC

Administrative Law: Whether a Chevron analysis is appropriate for reviewing an administrative agency's interpretation of its own jurisdiction.

(Filing Date: 10-05-2012)

Gunn v. Minton

Civil Procedure: Whether federal courts possess exclusive subject-matter jurisdiction over state-based legal malpractice claims that require application of federal patent law.

(Filing Date: 10-05-2012)

Koontz v. St. Johns River Water Mgmt.

Property Law: Whether an "exactions taking" occurs under the Fifth Amendment to the United States Constitution when the government actor does not compel dedication of any interest in the real property to the public use, and when the alleged exaction consists of imposition of a monetary obligation as a condition of permit issuance but the permit is never issued.

(Filing Date: 10-05-2012)

McBurney v. Young

Constitutional Law: Whether the Virginia Freedom of Information Act, which limits the right of access to public documents to Virginia citizens, violates the Constitution's Privileges and Immunities and dormant commerce clauses.

(Filing Date: 10-05-2012)