Willamette Law Online

United States Supreme Court Certiorari Granted

( 8 summaries )

Opinions Filed in November 2012

Ass’n for Molecular Pathology v. Myriad Genetics, Inc.

Patents: Whether human genes are patentable.

(Filing Date: 11-30-2012)

Mutual Pharmaceutical Co. v. Bartlett

Preemption: Whether federal law preempts state law design-defect claims against generic drug manufacturers.

(Filing Date: 11-30-2012)

Horne v. U.S. Dept. of Agriculture

Constitutional Law: Whether a party may bring a Fifth Amendment Just Compensation Clause challenge in district court prior to exhausting the statutorily prescribed process for obtaining just compensation through the Court of Federal Claims.

(Filing Date: 11-20-2012)

Sebelius v. Cloer

Attorney Fees: Whether a person who untimely files a claim under the National Vaccine Injury Compensation Program is eligible for an award of attorneys’ fees when the claim was brought in good faith and with a reasonable basis.

(Filing Date: 11-20-2012)

American Exp. Co. v. Italian Colors Restaurant

Arbitration: Whether the Federal Arbitration Act allows a court to invalidate an arbitration agreement which prohibits class arbitration of a federal statutory claim.

(Filing Date: 11-09-2012)

Maryland v. King

Constitutional Law: Whether the Fourth Amendment allows states to collect and analyze DNA from persons arrested for violent crimes who have been charged but not convicted.

(Filing Date: 11-09-2012)

Peugh v. United States

Sentencing: Whether a court violates the Constitution's ex post facto clause by retroactively applying current sentencing guidelines to past crimes when the result is a harsher sentence.

(Filing Date: 11-09-2012)

Shelby County, Ala. v. Holder

Constitutional Law: "Whether Congress' decision in 2006 to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution."

(Filing Date: 11-09-2012)