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)

( 1 summary )

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)