Willamette Law Online

(12 summaries)

Nathan Holden

United States Supreme Court

TitleExcerptFilling Date
United States v. James Alvin CastlemanCriminal Law: A conviction for misdemeanor domestic assault by intentionally or knowingly causing bodily injury to a parent of his/her child qualifies as a conviction for a "misdemeanor crime of domestic violence." (03-26-2014)
Atlantic Marine Construction Co. v. United States District Court for the Western District of TexasCivil Procedure: When there is a valid forum selection clause, a district court should alter its analysis of a 28 U.S.C. §1404(a) motion to consider if the party defying the forum selection clause can show extraordinary circumstances unrelated to convenience; the court should not consider the parties private interest; and the transfer of venue will not carry the original venue’s choice-of-law. (12-03-2013)
Ryan v. SchadAppellate Procedure: Staying the issuance of the Ninth Circuit’s mandate based on its reconsidering a motion it had already denied, conflicts with Bell v. Thompson. The Ninth Circuit erred by applying Martinez rather than Pinholster. (06-24-2013)
Federal Trade Commission v. Actavis, Inc., Et. Al.Patents: Reverse payment agreements, while not per se illegal, are subject to a "rule of reason" in determining their anti-competitive effect in an anti-trust action.(06-17-2013)
Oxford Health Plans LLC v. SutterArbitration: So long as an arbitrator makes a good faith attempt to interpret a contract, the arbitrator’s determination survives judicial review.(06-10-2013)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
Omnicare, Inc. v. Laborers District Council Construction Industry Pension FundCivil 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.(03-03-2014)
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.(01-10-2014)
Harris v. QuinnConstitutional Law: (1) Whether a collective bargaining agreement, which requires home-care personal assistants to pay a fee to union representatives, violates the First Amendment; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.(10-01-2013)
Cline v. Oklahoma Coalition for Reproductive JusticeConstitutional Law: Whether the Oklahoma Supreme Court erred in holding that Oklahoma House Bill 1970 is facially unconstitutional under Planned Parenthood v. Casey.(06-27-2013)
Lozano v. AlvarezConstitutional Law: Whether the one-year filing period of the Hague Convention and the International Child Abduction Remedies Act, 42 U.S.C. § 11603 (2005) begins from the date of wrongful removal or tolled until the petitioning parent discovers the abducted child's whereabouts.(06-24-2013)
Medtronic Inc. v. Boston Scientific Corp., et al.Patents: Whether the patentee bears the burden of proof in patent infringement case when the patentee is foreclosed from an infringement claim by a license agreement.(05-20-2013)
Burrage v. United StatesCriminal Procedure: (1) Whether the crime of distribution of drugs causing death under 21 U.S.C. §841 is a strict liability crime; and (2) whether jury instructions which allow a conviction by distribution of heroin which "contributed to" death, but was not the sole cause.(04-29-2013)