Willamette Law Online

(7 summaries)

Rachel Schwartz-Gilbert

United States Supreme Court

TitleExcerptFilling Date
Missouri v. McNeelyCriminal Procedure: In the context of alcohol-related driving investigations, the Fourth Amendment requires officers to obtain consent or a warrant before proceeding with a blood alcohol content test unless truly exigent circumstances exist. (04-17-2013)
Chaidez v. United StatesPost-Conviction Relief: A defendant cannot benefit from a new rule when her conviction became final prior to the new rule’s enactment.(02-20-2013)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
Kaley v. United StatesCriminal Procedure: Whether the Fifth and Sixth Amendments entitle criminal defendants to a pre-trial adversarial hearing (in which they may challenge the evidentiary support of the underlying charges) on ex parte restraining orders which limit their ability to retain counsel of choice.(03-18-2013)
Univ. Texas Southwestern Med. v. NassarEmployment Law: Whether Title VII’s retaliation provision and related statutes require plaintiff to prove discrimination was a “but-for cause” for an adverse employment action or merely a “motivating factor” for the action. (01-18-2013)
American Exp. Co. v. Italian Colors RestaurantArbitration: Whether the Federal Arbitration Act allows a court to invalidate an arbitration agreement which prohibits class arbitration of a federal statutory claim.(11-09-2012)
The Standard Fire Insurance Co. v. KnowlesCivil Procedure: Whether a class action plaintiff's stipulation limiting damages to below the federal amount in controversy threshold, made to defeat defendant's right of removal under the Class Action Fairness Act of 2005, is binding on absent class members.(08-31-2012)
Moncrieffe v. HolderImmigration: Whether the government bears the burden of proving a defendant was convicted of a drug trafficking charge that would constitute a federal felony in order to justify removal as an aggravated felon under 21 U.S.C. § 841(a)(1).(04-02-2012)