Willamette Law Online

United States Supreme Court Certiorari Granted

2014

( 11 summaries )

January

American Broadcasting Companies, Inc. v. Aereo, Inc.

Copyright: Whether a company “publicly performs” a copyrighted television program when it retransmits a broadcast of that program to paid subscribers over the Internet.

(Filing Date: 01-10-2014)

CTS Corporation v. Waldburger

Preemption: Whether the preemption provision of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9658, applies to state statutes of repose as well as the state statutes of limitations.

(Filing Date: 01-10-2014)

Limelight Networks, Inc. V Akamai Technologies, Inc.

Patents: Whether 35 U.S.C. §271(b) allows a defendant to be held liable for patent infringement when no one committed a direct infringement.

(Filing Date: 01-10-2014)

Nautilus Inc. v. Biosig Instruments, Inc.

Patents: Whether a claim violates the statutory requirements for "particular and distinct patent claiming" when the Federal Circuit accepts ambiguous patent claims that have multiple reasonable interpretations, provided that the ambiguity is not “insoluble.”

(Filing Date: 01-10-2014)

Pom Wonderful LLC V. Coca-Cola Company

Standing: Whether the court of appeals erred in holding that a private party cannot bring a Lanham Act claim challenging a product label regulated under the Food, Drug, and Cosmetic Act.

(Filing Date: 01-10-2014)

Susan B. Anthony List v. Driehaus

Constitutional Law: (1) Whether, to challenge a speech-suppressive law, a party must prove that authorities would certainly and successfully prosecute or should the court presume that a credible threat of prosecution exists; and (2) whether the state laws proscribing “false” political speech are subject to pre-enforcement First Amendment review.

(Filing Date: 01-10-2014)

The Republic of Argentina v. NML Capital, Ltd.

Sovereign Immunity: Whether post-judgment discovery, when enforcing a judgment against a foreign state, can be ordered against assets held outside of the United State or is limited to assets that are executable under the Foreign Sovereign Immunities Act (FSIA).

(Filing Date: 01-10-2014)

United States v. Clarke

Tax Law: Whether an unsupported allegation that the Internal Revenue Service (IRS) issued a summons for an improper purpose entitles the summoned party to an evidentiary hearing to question IRS officials about their basis for issuing the summons.

(Filing Date: 01-10-2014)

Lane v. Franks

Employment Law: (1) Whether the government, under the First Amendment, may retaliate against a public employee for giving testimony which was not a part of the employee’s ordinary job responsibilities; and (2) whether damages are precluded in a qualified immunity claim.

(Filing Date: 01-17-2014)

Riley, David L. v. California

Constitutional Law: Whether the Fourth Amendment prohibits the warrantless search of cell phones.

(Filing Date: 01-17-2014)

United States v. Wurie

Constitutional Law: Whether the Fourth Amendment permits the warrantless search of an arrestee's cell phone.

(Filing Date: 01-17-2014)

( 0 summaries )

February

( 8 summaries )

March

Holt v. Hobbs

Constitutional Law: Whether regulation of beard length by the Department of Corrections violates the Religious Land Use and Institutionalized Persons Act (RLUIPA) or the First Amendment.

(Filing Date: 03-03-2014)

Integrity Staffing Solutions v. Busk, et al.

Labor Law: Whether the Portal-to-Portal Act of 1947 prohibits employees from receiving compensation for time spent in security screenings under the Fair Labor Standards Act.

(Filing Date: 03-03-2014)

North Carolina Board of Dental Examiners v. Federal Trade Commission

Administrative Law: Whether a state regulatory board may be treated as a private entity because the board is elected by market participants.

(Filing Date: 03-03-2014)

Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund

Civil Procedure: Whether a claim under §11 of the Securities Act of 1933, 15 U.S.C. §77k, must allege that a statement was subjectively or objectively false.

(Filing Date: 03-03-2014)

WARGER, GREGORY P. V. SHAUERS, RANDY D.

Evidence: Whether Federal Rule of Evidence 606(b) permits the use of statements made during jury deliberations to prove a juror lied during voir dire.

(Filing Date: 03-03-2014)

Public Employees’ Retirement System of Mississippi v. IndyMac MBS, Inc.

Civil Procedure: Whether the filing of a putative class action serves, under American Pipe & Construction Co. v. Utah, to satisfy the three year time limitation in § 13 of the Securities Act with respect to the claims of putative class members.

(Filing Date: 03-10-2014)

Jennings v. Stephens

Habeas Corpus: Whether a habeas petitioner who prevails on an ineffective assistance of counsel of claim can raise assertions of deficient performance that were rejected by the trial court against the state's appeal if the petitioner has not filed a separate notice of appeal and certificate of appealability.

(Filing Date: 03-24-2014)

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., et al.

Patents: Whether the Federal Circuit erred in reviewing district court factual findings of construction of patent claims de novo and Rule 52(a) standard of review accepting findings of fact unless they are clearly erroneous applies to construction of patent claims.

(Filing Date: 03-31-2014)

( 6 summaries )

April

Dart Cherokee Basin, et al. v. Owens, Brandon W.

Standing: Whether a party seeking removal from state court to federal court is required to provide evidence of federal jurisdiction in the notice of removal?

(Filing Date: 04-07-2014)

Heien v. North Carolina

Criminal Procedure: Whether an officer's mistaken understanding of a statute can create the reasonable suspicion needed to justify a traffic stop.

(Filing Date: 04-21-2014)

Johnson v. United States

Criminal Law: Whether possession of a shotgun is a violent felony under the Armed Career Criminal Act.

(Filing Date: 04-21-2014)

Zivotofsky v. Kerry

Constitutional Law: Whether a federal statute directing the Secretary of State to list the birthplace of American citizens born in Jerusalem as Israel on the Consular Report of Birth Abroad and on the U.S. passport is unconstitutional because the statute "impermissibly infringes on the President's exercise of the recognition power reposing exclusively in him."

(Filing Date: 04-21-2014)

Jesinoski v. Countrywide Home Loans, Inc.

Contract Law: Whether notification within three years is sufficient to invoke the statutory right to rescind on a transaction under the Truth in Lending Act, 15 U.S.C. 1635(a), or whether a lawsuit must be filed within three years instead.

(Filing Date: 04-28-2014)

Yates v. United States

Evidence: Whether 18 U.S.C. § 1519 makes it an offense to destroy any tangible objects with the intent to impede an investigation or administrative matter, or whether the statute is limited to tangible objects related to records or documents.

(Filing Date: 04-28-2014)

( 4 summaries )

May

M&G Polymers USA, LLC v. Tackett

Employment Law: Whether under the Labor Management Relations Act (LMRA), courts should presume that silence as to the duration of retiree’s health-care benefits in collective bargaining agreements means the parties to the agreement intended those benefits to vest; or courts should require a statement that clearly states that the health care benefits survive the end of the agreement; or should there be at least some statement in the bargaining agreement that could support a ruling that the health care benefits should continue for life.

(Filing Date: 05-05-2014)

T-Mobile South, LLC v. City of Roswell

Administrative Law: Whether, according to the Telecommunications Act of 1996, a government may deny a telecommunication company's request "in writing" by sending a statement that contains no written explanation of its reasoning, or if there must be a written record for its reasoning and a written statement for the denial to qualify as being "in writing."

(Filing Date: 05-05-2014)

Department of Homeland Security v. MacLean

Qualified Immunity: Whether Congress intended the Whistleblower Protection Act to bar penalties when a government employee unilaterally exposes sensitive security information.

(Filing Date: 05-19-2014)

Comptroller v. Wynne

Tax Law: Whether the Constitution of the United States requires states to provide an income tax credit for income tax paid to other states

(Filing Date: 05-27-2014)

( 10 summaries )

June

Perez v. Mortgage Bankers Association; Nickols v. Mortgage Bankers Association

Administrative Law: Whether agencies must submit significant changes to a definitive agency interpretation to the public under the notice and comment requirements of the Administrative Procedure Act.

(Filing Date: 06-16-2014)

US v. Elonis

First Amendment: Whether, consistent with the First Amendment and Virginia v. Black, conviction of threatening another person requires proof of the Petitioner’s subjective intent to threaten or whether it is enough to show that a “reasonable person” would regard the statement as threatening.

(Filing Date: 06-16-2014)

Department of Transportation v. Association of American Railroads

Constitutional Law: Whether Amtrak is a private entity for purposes of determining whether Congress may delegate legislative authority to Amtrak, jointly with the Federal Railroad Administration, to create rules used in Surface Transportation Board adjudications.

(Filing Date: 06-23-2014)

Hana Financial, Inc. v. Hana Bank, et

Trademarks: Whether trademark priority under the tacking doctrine should be considered a matter of fact or a matter of law.

(Filing Date: 06-23-2014)

Whitfield v. United States

Criminal Law: Whether "forced accompaniment" during a bank robbery must be substantial in order to trigger the increased penalty under 18 U.S.C. § 2113(e).

(Filing Date: 06-23-2014)

Gelboim v. Bank of America Corp.

Civil Procedure: Whether a final order renders a suit immediately appealable when that suit has been consolidated with other suits that have not concluded.

(Filing Date: 06-30-2014)

Mach Mining, LLC v. Equal Employment Opportunity Commission

Employment Law: Whether, and to what extent, a court may enforce the Equal Employment Opportunity Commission's mandatory duty to conciliate discrimination claims before filing suit.

(Filing Date: 06-30-2014)

Mellouli v. Holder

Immigration: Whether a drug paraphernalia conviction "relates to" a controlled substance within the meaning of 8 U.S.C. §1227(a)(2)(B)(i).

(Filing Date: 06-30-2014)

United States v. June

Civil Procedure: Whether equitable tolling of the Federal Tort Claims Act’s two-year time limit for administration claims with the appropriate agency is permitted.

(Filing Date: 06-30-2014)

United States v. Wong

Tort Law: Whether 28 U.S.C. § 2401(b) of the Federal Tort Claims Act is a “jurisdictional” statute and entitled to presumptions of equitable tolling.

(Filing Date: 06-30-2014)

( 8 summaries )

July

Alabama Department of Revenue v. CSX Transportation Inc.

Tax Law: Whether a state commits discrimination when it requires industrial and commercial businesses, including rail carriers, to pay sales-and-use-tax, but exempts rail carriers’ competitors from the tax, and whether other aspects of the state’s taxation should be considered in addition to the tax provision challenged.

(Filing Date: 07-01-2014)

B&B Hardware, Inc. v. Hargis Industries, Inc.

Civil Procedure: Whether the Trademark Trial and Appeal Board's findings preclude the relitigation of those same issues in subsequent litigation.

(Filing Date: 07-01-2014)

Direct Marketing Association v. Brohl

Tax Law: Whether the Tax Injunction Act precludes federal court jurisdiction over issues dealing with "secondary aspects of state tax administration."

(Filing Date: 07-01-2014)

Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter

Civil Procedure: Whether 18 U.S.C. § 3287 applies to claims brought by private relators, and also leads to indefinite tolling; and whether the “first-to-file” bar in the False Claims Act is essentially a “one-case-at-a-time” rule.

(Filing Date: 07-01-2014)

Oneok, Inc. v. Learjet, Inc.

Preemption: Whether the Natural Gas Act, which defines Federal Energy Regulation Commission (“FERC”) jurisdiction over natural gas, preempts state antitrust claims arising from transactions beyond FERC jurisdiction.

(Filing Date: 07-01-2014)

Reed v. Gilbert

First Amendment: Whether a town's sign code, limiting the amount of time when a sign may be posted, violates the Free Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment when the sign is used to announce religious services.

(Filing Date: 07-01-2014)

Wellness International Network, Ltd. v. Sharif

Bankruptcy Law: Whether a bankruptcy court has constitutional authority to enter a final order in a federal 11 U.S.C. § 541 action when there is also a state property law issue present because the action does not “stem from the bankruptcy itself,” and whether conduct of a party is enough to satisfy implied consent for purposes of Article III judicial power.

(Filing Date: 07-01-2014)

Young v. United Parcel Service, Inc.

Employment Law: Whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide similar accommodations to pregnant employees who are "similar in their ability or inability to work."

(Filing Date: 07-01-2014)