Willamette Law Online

(13 summaries)

Katie Hoesly

United States Supreme Court

TitleExcerptFilling Date
Daimler AG v. BaumanCivil Procedure: Petitioner is not answerable to a suit in California for injuries which occurred outside of the United States.(01-14-2014)
American Express Co. v. Italian Colors RestaurantArbitration: A contractual waiver of class arbitration is enforceable under the Federal Arbitration Act when the cost of individual arbitration of federal claim exceeds the potential recovery. (06-20-2013)
PPL Corp. v. Commissioner Tax Law: "The United Kingdom 'windfall tax' is creditable under IRS code §901."(05-20-2013)
Marshall v. RodgersConstitutional Law: The “conclusion of the California courts that there was no Sixth Amendment violation is not contrary to 'clearly established Federal law', as determined by the Supreme Court of the United States," 28 U.S.C. §2254(d).(04-01-2013)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
Holt v. HobbsConstitutional 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.(03-03-2014)
Halliburton Co. v. Erica P. John Fund, Inc.Civil Procedure: (1) Whether the holding in Basic Inc. v. Levinson should be overruled or modified and (2) whether class certification may be rebutted by providing evidence that the misrepresentations did not distort the actual stock value.(11-15-2013)
United States v. CastlemanCriminal Law: Whether a conviction for misdemeanor domestic assault qualifies as a conviction for a "misdemeanor crime of domestic violence" under 18 U.S.C. § 922(g)(9).(10-01-2013)
Lexmark International, Inc. v. Static Control Components, Inc. Standing: Whether the appropriate standard to determine standing in an action for false advertising is (1) the factors found in Associated General Contractors of California, Inc. v. California State Council of Carpenters; (2) the categorical test which permits suits only by an actual competitor; or (3) the "reasonable interest" test.(06-03-2013)
Kansas v. CheeverCriminal Procedure: Whether the Fifth Amendment privilege against self-incrimination was violated when the state used a court-ordered mental evaluation to rebut the defendant's expert testimony that claimed the defendant lacked the requisite mental state to commit capital murder due to methamphetamine use.(02-25-2013)
Sekhar v. United StatesCriminal Law: Whether a government agent’s "recommendation" is intangible property capable of being extorted under the Hobbs Act and 18 U.S.C. §875(d). (01-11-2013)
Dan's City Used Cars, Inc. v. PelkeyPreemption: Whether the Federal Aviation Administration Authorization Act preempts state law on the manner by which a towing company can collect debts secured by a lien.(12-07-2012)
Arizona v. Inter Tribal CouncilPreemption: (1) Whether the Court of Appeals for the Ninth Circuit erred when it applied a heightened preemption test under the Elections Clause instead of applying the more traditional preemption analysis under the Supremacy Clause; and (2) whether the Court of Appeals for the Ninth Circuit erred in holding that the National Voter Registration Act preempted an Arizona law requiring proof of eligibility to register to vote.(10-15-2012)
Schuette v. Coalition to Defend Affirmative ActionConstitutional Law: "Whether a state violates the Equal Protection Clause by amending its constitution to prohibit race- and sex-based discrimination or preferential treatment in public-university admissions decisions."(03-25-2012)