Willamette Law Online

(22 summaries)

Seth Nickerson

United States Supreme Court

TitleExcerptFilling Date
Walden v. FioreCivil Procedure: The drafting of a false affidavit of probable cause in Georgia which concerned property owned by Nevada residents was insufficient to establish the "minimum contacts" necessary for a Nevada court to exercise personal jurisdiction over a Georgia defendant. (02-25-2014)
Burrage v. United StatesSentencing: A drug distributed by a defendant must be the "but-for" cause of death or serious injury before that defendant can be liable under the Controlled Substances Act’s penalty enhancement provision.(01-27-2014)
Descamps v. United StatesSentencing: A court may not use the modified categorical approach when considering a defendant's conviction under an indivisible statue that is broader than the generic offense.(06-20-2013)
United States v. DavilaCriminal Procedure: A plea cannot be vacated for an error under Federal Rule of Criminal Procedure 11(h) unless the the error results in prejudice to the defendant's decision to plead guilty.(06-13-2013)
Dan's City Used Cars, Inc. v. PelkeyPreemption: The Federal Aviation Administration Authorization Act of 1994 does not preempt state-law claims arising from the storage and disposal of towed vehicles. (05-13-2013)
Genesis Healthcare Corp. v. SymcyzkCivil Procedure: A collective action to recover damages is not justiciable if the sole plaintiff's individual claim becomes moot.(04-16-2013)
Henderson v. United StatesCriminal Procedure: A trial court's decision is "plain error" under Federal Rule of Criminal Procedure 52(b) if the error is plain at the time of appellate review, even when the law was unsettled at the time of error.(02-20-2013)
Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc.Environmental Law: The flow of polluted river water through concrete channels and back into the same river does not constitute a "discharge of pollutants" under the Clean Water Act.(01-08-2013)
Williams v. IllinoisEvidence: A laboratory report that was not prepared for the purpose of incriminating a targeted suspect is non-testimonial within the meaning of the Confrontation Clause.(06-18-2012)
Mohamad v. Palestinian AuthorityTort Law: The Tortured Victims Protection Act's authorization of a suit against an "individual" only extends liability to natural persons and not to non-sovereign organizations.(04-18-2012)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
Jennings v. StephensHabeas Corpus: Whether a habeas petitioner who prevails on an ineffective assistance of counsel of claim can raise assertions of deficient performance that were rejected by the trial court against the state's appeal if the petitioner has not filed a separate notice of appeal and certificate of appealability. (03-24-2014)
The Republic of Argentina v. NML Capital, Ltd.Sovereign Immunity: Whether post-judgment discovery, when enforcing a judgment against a foreign state, can be ordered against assets held outside of the United State or is limited to assets that are executable under the Foreign Sovereign Immunities Act (FSIA). (01-10-2014)
Clark v, RamekerBankruptcy Law: Whether non-spousal inherited IRAs are exempt from creditors' claims as "retirement funds" under Section 522 of the Bankruptcy Code.(11-26-2013)
Octane Fitness v. Icon Health and FitnessPatents: Whether the Federal Circuit's two-step test for determining that a case is "exceptional" for the purpose of awarding attorney's fees to a prevailing accused infringer is an appropriate interpretation of 35 U.S.C. § 285.(10-01-2013)
Environmental Protection Agency v. EME Homer City GenerationEnvironmental Law: Whether the Environmental Protection Agency (EPA) must quantify a states contribution to downwind non-attainment before adopting a FIP; and whether the EPA's interpretation of "contributes significantly" may permissibly define "significant" interstate pollution to include the cost effective reductions an upwind state can make to improve air pollution in downwind states. (06-24-2013)
UBS v. Union de EmpleadosCivil Procedure: Whether the proper standard of review for a dismissal under Federal Rule of Civil Procedure 23.1 is de novo review or abuse of discretion. (06-24-2013)
Rosemond v. United StatesCriminal Law: Whether a the crime of aiding and abetting the use of a firearm during a federal drug trafficking offense requires proof of the defendant's facilitation or encouragement of the principal, or simple knowledge that the principal used the firearm during a crime in which the defendant participated.(05-28-2013)
DaimlerChrysler AG v. BaumanCivil Procedure: Whether a court may exercise personal jurisdiction over a foreign corporation based solely on its relationship to a subsidiary in the forum state. (04-22-2013)
Madigan v. LevinCivil Rights § 1983: Whether a state or local employee's claim for age discrimination under 42 U.S.C. § 1983 is precluded by the Age Discrimination and Employment Act.(03-18-2013)
Shelby County, Ala. v. HolderConstitutional Law: "Whether Congress' decision in 2006 to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution."(11-09-2012)
McBurney v. YoungConstitutional Law: Whether the Virginia Freedom of Information Act, which limits the right of access to public documents to Virginia citizens, violates the Constitution's Privileges and Immunities and dormant commerce clauses.(10-05-2012)
Henderson v. United StatesCriminal Procedure: Whether an error can be "plain error” under Federal Rule of Criminal Procedure 52(b), when a law that was previously unsettled becomes settled during subsequent appeal.(06-25-2012)