Willamette Law Online

(14 summaries)

Erik Kulick

United States Supreme Court

TitleExcerptFilling Date
Johnson v. City of ShelbyCivil Rights § 1983: Where a constitutional claim is levied directly against a municipality, there is no heightened pleading rule which requires plaintiffs seeking damages for civil rights violations to expressly invoke 42 U.S.C. §1983 in their complaint.(11-10-2014)
Utility Air Regulatory Group v. Environmental Protection Agency et al.Environmental Law: EPA cannot treat greenhouse gases under the Clean Air Act as a pollutant, unless the source is required to obtain a permit because it emits other pollutants. (06-23-2014)
Alice Corporation PTY. LTD. v. CLS Bank International et al.Patents: When a patent is drawn to an abstract idea, the idea is not eligible for patent protection.(06-19-2014)
POM Wonderful LLC v. Coca-Cola Co.Administrative Law: When a federal statute, such as the Lanham Act, is complementary with a federal statute, such as the Food, Drug, and Cosmetic Act, and neither explicitly provide otherwise, there is no preclusion. (06-12-2014)
Bond v. United StatesCriminal Law: 18 U.S.C. §229(a) does not reach crimes like simple assault due to state sovereignty. (06-02-2014)
Michigan v. Bay Mills Indian CommunityTribal Law: The Indian Gambling Regulatory Act does not abrogate tribal sovereign immunity when gaming activities are conducted off of Indian land.(05-27-2014)
Robers v. United StatesSentencing: When the "property" covered by The Mandatory Victims Restitution Act is money used to acquire collateral, the value of the collateral at the time of sale must be used in determining the offset.(05-05-2014)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
Harris v. ViegelahnBankruptcy Law: Whether undistributed funds held by a Chapter 13 trustee after conversion to Chapter 7 should be returned to the debtor or given to creditors.(12-12-2014)
Kimble v. Marvel Enterprises, Inc.Patents: Whether a rule of reason analysis should replace current per se ban on post-expiration patent royalty collection.(12-12-2014)
City of Los Angeles v. PatelConstitutional Law: Whether statutes or ordinances authorizing warrantless searches of hotel registries violate the Fourth Amendment, and whether a hotel has an expectation of privacy in their guest registry under the Fourth Amendment.(10-20-2014)
Young v. United Parcel Service, Inc.Employment Law: Whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide similar accommodations to pregnant employees who are "similar in their ability or inability to work."(07-01-2014)
Mellouli v. HolderImmigration: Whether a drug paraphernalia conviction "relates to" a controlled substance within the meaning of 8 U.S.C. §1227(a)(2)(B)(i).(06-30-2014)
US v. ElonisFirst Amendment: Whether, consistent with the First Amendment and Virginia v. Black, conviction of threatening another person requires proof of the Petitioner’s subjective intent to threaten or whether it is enough to show that a “reasonable person” would regard the statement as threatening.(06-16-2014)
CTS Corporation v. WaldburgerPreemption: Whether the preemption provision of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9658, applies to state statutes of repose as well as the state statutes of limitations.(01-10-2014)