Willamette Law Online

(21 summaries)

Megan Cox

United States Supreme Court

TitleExcerptFilling Date
Ryan v. Gonzales & Tibbals v. Carter v. SolisHabeas Corpus: State prisoners have no right to a stay of their record-based habeas proceedings when they are adjudged incompetent.(01-08-2013)
Kloeckner v. SolisEmployment Law: A federal employee seeking judicial review of a decision by the Merit Systems Protection Board in a case alleging that an adverse agency action violated a federal antidiscrimination statute should appeal to the district court and not to the Court of Appeals for the Federal Circuit regardless of whether the MSPB decided the case on the merits.(12-10-2012)
National Federation of Independent Business v. SebeliusConstitutional Law: The Patient Protection and Affordable Care Act's individual mandate is a valid exercise of Congress's taxing power, but the Medicaid expansion violates the Constitution's Spending Clause.(06-28-2012)
American Tradition Partnership v. BullockConstitutional Law: A state ban on independent political expenditures from corporate general treasuries unduly burdens First Amendment rights.(06-25-2012)
Southern Union Co. v. U.S.Sentencing: When a criminal fine is sufficient to trigger the Sixth Amendment jury-trial guarantee, facts that would increase the penalty beyond the statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.(06-21-2012)
Armour v. IndianapolisConstitutional Law: The Equal Protection Clause does not prohibit a city from distinguishing between landowners who have paid their assessments and landowners who have not when changing assessment systems for improvement projects.(06-04-2012)
Filarsky v. DeliaCivil Rights § 1983: A private individual temporarily retained by the government is entitled to seek qualified immunity from a §1983 suit.(04-17-2012)
Credite Suisse Securities v. SimmondsCivil Procedure: Because the usual rules of equitable tolling apply to §16 of the Securities Exchange Act of 1934, the 2-year limitation for actions to recover for profit due to unfair use of information starts from the date the profit was realized and is not tolled until the filing of a §16(a) statement.(03-26-2012)
Southern Union Co. v. U.S.Sentencing: Whether the [italics]Apprendi[/italics] requirement that any facts which increase criminal penalties beyond the prescribed statutory maximum are to be proved beyond a reasonable doubt and submitted to a jury applies to criminal fines.(03-19-2012)
Martel v. ClairHabeas Corpus: Motions to replace counsel in capital habeas petitions are to be judged by the same "interest of justice" standard as non-capital cases.(03-05-2012)
Perry v. PerezConstitutional Law: When a District Court is required to construct an interim redistricting plan for a state's Congressional or legislative districts, it should defer to any policy decisions made by the state legislature to the extent that they do not conflict with the Constitution or the Voting Rights Act. (01-20-2012)
Martel v. ClairHabeas Corpus: Whether a condemned state prisoner in a federal habeas proceeding is entitled to replace his court appointed attorney with another court appointed attorney based on his dissatisfaction with the initial attorney's performance.(12-06-2011)
Pacific Operators Offshore v. ValladolidTort Law: (Whether an offshore oil worker injured at an onshore processing site falls under the Outer Continental Shelf Lands Act and the Longshore and Harbor Workers’ Compensation Act.)(10-11-2011)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
Bowman v. MonsantoPatents: Whether patents on seeds containing self-replicating technology are exhausted after an authorized sale.(10-05-2012)
American Tradition Partnership v. BullockConstitutional Law: A state ban on independent political expenditures from corporate general treasuries unduly burdens First Amendment rights.(06-25-2012)
Taniguchi v. Kan Pacific SaipanCivil Procedure: (Whether an award of costs for interpretation includes costs for translation of documents.)(02-21-2012)
Southern Union Co. v. U.S.Sentencing: Whether the Apprendi requirement, which requires any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum be submitted to a jury, and proved beyond a reasonable doubt, applies to criminal fines.(11-28-2011)

9th Circuit Court of Appeals

TitleExcerptFilling Date
Mamigonian v. BiggsImmigration: District courts do not have jurisdiction over petitions for habeas relief on orders of removal, over complaints regarding pending applications, or over mandamus claims regarding decisions already made by agencies; however, the REAL ID Act does provide for review of final, non-discretionary determinations by USCIS.(03-14-2013)
Ford v. City of YakimaCivil Rights § 1983: A police officer who arrests an individual due to retaliatory animus, even if there is probable cause, violates a clearly established right for the purpose of § 1983.(02-08-2013)
Lawler v. Montblanc North America, LLCEmployment Law: Under the California Fair Employment and Housing Act, an employee whose disability precludes her presence at the workplace when her presence is an essential job function does not make out a prima facie claim for disability discrimination.(01-11-2013)
United States v. StonehillCivil Procedure: In order to commit fraud on the court, government misrepresentations in civil trials must be so substantial that they undermine the judicial process.(09-28-2011)