Willamette Law Online

(12 summaries)

William Johnston

United States Supreme Court

TitleExcerptFilling Date
Wos v. E.M.A.Preemption: North Carolina’s statute requiring that up to one-third of any damages recovered by a Medicaid beneficiary for a tortious injury be paid to the State to reimburse it for payments it made for medical treatment on account of the injury is conflict-preempted by 42 U.S.C §1396p(a)(1) which prohibits States from attaching a lien on the property of a Medicaid beneficiary to recover benefits paid by the State on the beneficiary’s behalf.(03-20-2013)
Gabelli v. SECSecurities Law: In a securities action brought by the SEC, the statute of limitations begins to run on the date the allegedly fraudulent action occurred not the date it was discovered.(02-27-2013)
United States v. BormesSovereign Immunity: When a statute contains a self-executing remedial scheme, courts are to look only to the text of the statute to determine whether Congress intended to waive the government’s sovereign immunity.(11-13-2012)
United States v. AlvarezFirst Amendment: The Stolen Valor Act, which prohibits falsely claiming to have received a military award, violates the First Amendment because falsity alone is insufficient to bring speech outside of its protection.(06-28-2012)
Arizona v. United StatesPreemption: The provision of Arizona’s anti-illegal immigration law requiring police officers to make a “reasonable attempt . . . to determine the immigration status” of persons stopped, detained or arrested when they have reasonable suspicion that the person is an alien “unlawfully present in the United States” is constitutional, but the other three provisions of S.B. 1070 are preempted by federal law.(06-25-2012)
Knox v. Service Employees International Union, Local 1000First Amendment: When a public union wishes to raise money via a special assessment or mid-year increase in dues, it is required to issue notice to its constituents and is forbidden from taking funds from non-consenting nonmembers.(06-21-2012)
Freeman v. Quicken Loans, Inc.Property Law: A violation of 12 U.S.C. § 2607(b) of RESPA only occurs when unearned fees for settlement services are split among multiple parties.(05-25-2012)
Rehberg v. PaulkCriminal Procedure: A grand jury witness is entitled to the same absolute immunity from a § 1983 suit as a trial witness.(04-02-2012)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
Bond v. United StatesPreemption: Whether Congress can enact legislation in areas normally reserved to the states in order to implement a valid treaty. (01-18-2013)
McQuiggin v. PerkinsHabeas Corpus: Whether a prisoner claiming actual innocence when petitioning for a writ of habeas corpus must do so with "reasonable diligence."(10-29-2012)
Cable, Telecommunications, and Technology Committee v. FCCAdministrative Law: Whether a [italics]Chevron[/italics] analysis is appropriate for reviewing an administrative agency's interpretation of its own jurisdiction.(10-05-2012)
Delia v. E.M.A.Preemption: Whether the Medicaid Act’s anti-lien provision preempts a North Carolina statute allowing the Department of Health and Human Services to place liens on settlement proceeds.(09-25-2012)