Willamette Law Online

(13 summaries)

Heather Parker

United States Supreme Court

TitleExcerptFilling Date
Kingsley v. HendricksonCivil Rights § 1983: Under a § 1983 claim, a pretrial detainee must show only that the force used against that detainee was “objectively unreasonable,” not that state actors “recklessly disregarded” detainee safety or “acted with reckless disregard” of constitutional rights. (06-22-2015)
Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.Patents: When reviewing a district court’s analysis of factual matters made in advocation of a patent claim, a court must apply a “clear error” instead of a de novo standard. (01-20-2015)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
Bruce v. SamuelsPost-Conviction Relief: Whether the Prison Litigation Reform Act, 28 U.S.C. § 1915(b)(2), limits the percentage of a prisoners income that can be used to pay court fees to 20% of the prisoners total monthly income, or to 20% of the prisoners income for each case requiring court fee payments?(06-15-2015)
Lockhart v. United StatesCriminal Law: Whether the federal sentencing enhancement under 18 U.S.C. 2252(b)(2) requires that a prior conviction involve a minor or ward.(05-26-2015)
Green v. DonahoeEmployment Law: Whether, in an employment discrimination claim brought under Title VII of the Civil Rights Act, the filing period for a constructive discharge claim begins to run (1) when an employee resigns or (2) at the time of the employer’s act that gave rise to the employee’s resignation.(04-27-2015)
Montanile v. Board of Trustees of the National Elevator Industry Health Benefit PlanTort Law: Whether in a lawsuit under the Employee Retirement and Income Security Act of 1974, a fiduciary can recover an overpayment if the fiduciary did not identify a particular fund for the payment.(03-30-2015)
Kansas v. Nebraska et. alWater Rights: Whether Nebraska violated 1943 Congressional agreement and 2003 settlement on the apportionment of waters of the Republican River between Kansas, Nebraska, and Colorado and if so, what remedy is required.(03-09-2015)
Hawkins v. Community Bank of RaymoreConsumer Credit: Whether spousal guarantors have standing to bring a claim under the Equal Credit Opportunity Act (ECOA), and whether the Federal Reserve Board can include spousal guarantors as “applicants” to avoid discrimination against married women.(03-02-2015)
Mata v. HolderImmigration: Whether the Fifth Circuit erred in determining that it had no jurisdiction to review a petitioner's request that the Board of Immigration Appeals equitably toll a deadline on his motion to reopen due to ineffective assistance of counsel under 8 C.F.R. § 1003.2(c)(2).(01-16-2015)
Toca v. LouisianaSentencing: (1) Whether the rule announced in Miller v. Alabama that states that a mandatory life sentence without parole for those under 18 years of age violates the 8th Amendment's prohibition on cruel and unusual punishment applies retroactively, and (2) Whether a federal question is raised by a claim that a state court failed to find a Teague exception.(12-12-2014)
Walker v. Texas Division, Sons of Confederate Veterans, Inc.First Amendment: (1) Whether state issued license plates, and the messages on them, are government speech, and thus immune from viewpoint neutrality; and (2) whether Sons of Confederate Veterans license plates were discriminated against on the basis of viewpoint when the state rejected them, even though the confederacy was not portrayed negatively.(12-05-2014)
Michigan v. EPA; consolidated with Utility Air Regulatory Group v. EPA; National Mining Association v. EPAEnvironmental Law: Whether it was unreasonable for the Environmental Protection Agency ("EPA") refused to consider costs in deciding if it is "appropriate" to regulate hazardous air pollutants emitted by electric utilities.(11-25-2014)
Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.Employment Law: Whether it is a violation of Title VII for refusing to hire an applicant or for terminating an employee based on a religious practice that require accommodations. (10-02-2014)