Willamette Law Online

(20 summaries)

Daniel Dineen

United States Supreme Court

TitleExcerptFilling Date
Marvin M. Brandt Revocable Trust v United StatesProperty Law: The right of way granted under the Right-of-Way Act of 1875 is an easement and thus, when abandoned by the Railroad, the easement is terminated. (03-10-2014)
Fernandez v. CaliforniaCriminal Procedure: An objecting occupant does not have the Fourth Amendment right to suspend all searches of a residence when another occupant consents to the search. The objecting occupant must be at the residence to assert their Fourth Amendment right. (02-25-2014)
Sandifer v United States Steel CorporationLabor Law: The time spent putting on protective gear before work qualifies as "changing clothes" under the Fair Labor Standards Act of 1938.(01-27-2014)
University of Texas Southwestern Medical Center v NassarEmployment Law: Title VII retaliation claims must be proved according to traditional principles of but-for causation.(06-24-2013)
Alleyne v United StatesCriminal Law: "Elemental" facts must be proven beyond a reasonable doubt by the jury and any fact that raises the prescribed sentencing is "elemental".(06-17-2013)
Peugh v United StatesSentencing: A change in the sentencing guidelines after the date of the crime, which are then used to sentence an individual, is a violation of the Ex Post Facto clause.(06-10-2013)
Levin v. United StatesTort Law: The Gonzalez Act abrogates the Federal Tort Claim Act's sovereign immunity exception for intentional tort claims against medical doctors, therefore intentional tort claims against armed forces medical personnel acting within the scope of their employment are permissible.(03-04-2013)
Evans v. MichiganConstitutional Law: The Double Jeopardy Clause bars retrial after an acquittal regardless of whether the acquittal was erroneous.(02-20-2013)
United States v Home Concrete & Supply LLC.Administrative Law: 26 U.S.C. §6501(e)(1))(A), which extends the period for detecting mistakes in tax returns from 3 years to 6 years only applies to complete omissions. It does not apply to basic understatements which lead to a smaller taxable gross income.(04-25-2012)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
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. (01-10-2014)
Wood v. MossFirst Amendment: (1) Whether viewpoint discrimination in violation of the First Amendment occurred when the Secret Service moved anti-Bush demonstrators, but not pro-Bush demonstrators; and (2) whether the Secret Service are entitled to qualified immunity. (11-26-2013)
Highmark Inc. v. Allcare Management Systems, Inc.Attorney Fees: Whether permitting the award of attorney’s fees to the prevailing party, in exceptional cases under 35 U.S.C. § 285, based on a court's judgment that a suit is objectively baseless, is entitled to deference.(10-01-2013)
White v. WoodallCriminal Procedure: (1) Whether the trial court's failure to include a no adverse inference instruction to the jury is grounds for Habeas Corpus relief; and (2) whether such error is harmless under Brecht v Abrahamson.(06-27-2013)
Michigan v Bay Mills Indian CommunityTribal Law: Whether Federal Courts have jurisdiction over tribal casinos that are not on tribal land and whether tribal sovereign immunity bars a state from bring a claim against a tribal casino that is not on tribal land. (06-24-2013)
Town of Greece v. GallowayConstitutional Law: Whether a legislative prayer practice violates the Establishment Clause.(05-20-2013)
Sprint Communications Co. v JacobsCivil Procedure: Whether the United States Court of Appeals, Eighth Circuit erred in applying the abstention doctrine to a review a "coercive" or "remedial" state proceeding. (04-15-2013)
Agency for Int’l Dev. v. Alliance for Open Society Int’l, Inc.First Amendment: Whether §7631(f) of the United States Leadership against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (“Leadership Act”), which requires that agencies that receive federal funding to administer foreign HIV and AIDS programs must have a policy explicitly opposing prostitution and sex-trafficking, and endorse the government’s stance on prostitution, violates the First Amendment. (01-11-2013)
Horne v. U.S. Dept. of AgricultureConstitutional 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.(11-20-2012)
Levin v. United StatesTort Law: Whether the United States and individual military personnel acting within the scope of their employment can be sued for the common law tort of battery.(09-25-2012)
Evans v. MichiganConstitutional Law: Whether an erroneously granted directed verdict, based on the prosecution’s failure to prove a non-existent element of the crime is an acquittal subject to the double-jeopardy provisions of the United States and state constitutions.(06-11-2012)