(10 summaries)
Andrea Turner
United States Supreme Court
| Title | Excerpt | Filling Date |
|---|---|---|
| Comcast Corp. v. Behrend | Civil Procedure: Before a court may certify a class, a party must demonstrate damages on a classwide basis to satisfy the predominance requirement of Federal Rule of Civil Procedure 23. | (03-27-2013) |
| Kirtsaeng v. John Wiley & Sons, Inc. | Copyright: The Copyright Act's "first sale" doctrine permits resale of foreign works legally manufactured and legitimately acquired abroad and imported to the United States without requiring the copyright holder's permission. | (03-19-2013) |
| Amgen Inc. v. Connecticut Retirement Plans and Trust Funds | Civil Procedure: Securities fraud plaintiffs who seek to certify a class action need not actually prove material misrepresentation to meet the predominance requirement of Federal Rule of Civil Procedure 23(b)(3) at the class certification stage, but need only show the predominance of a common question of material misrepresentation invoked by the fraud-on-the-market rebuttable presumption. | (02-27-2013) |
| Radlax Gateway Hotel, LLC v. Amalgamated Bank | Bankruptcy Law: A debtor may not obtain confirmation of a Chapter 11 cramdown plan to sell an encumbered asset clear of liens under §1129(b)(2)(A) and prohibit creditors to credit-bid. | (05-29-2012) |
United States Supreme Court Certiorari Granted
| Title | Excerpt | Filling Date |
|---|---|---|
| Adoptive Couple v. Baby Girl | Indian Law: (1) Whether a voluntary adoption initiated by a non-Indian parent under state law may be blocked by the Indian Child Welfare Act when the Indian parent did not have prior custody; and (2) whether ICWA’s definition of "parent" includes a biological father without legal status as a parent under state law. | (01-04-2013) |
| Peugh v. United States | Sentencing: Whether a court violates the Constitution's ex post facto clause by retroactively applying current sentencing guidelines to past crimes when the result is a harsher sentence. | (11-09-2012) |
| Maracich v. Spears | Professional Responsibility: Whether lawyers may use personal information protected by the Driver's Privacy Protection Act to investigate and solicit potential clients for a class action litigation or whether such use falls outside the permissible scope of the litigation exception. | (09-25-2012) |
| Comcast Corp. v. Behrend | : Whether district courts may certify class actions without first resolving whether the class has introduced admissible evidence—including expert testimony—to establish the case is susceptible to an award of damages on a class-wide basis in satisfaction of the predominance requirements of Fed. R. Civ. P. 23. | (06-25-2012) |
| Kirtsaeng v. John Wiley & Sons, Inc. | Copyright: Whether the Copyright Act's "first sale doctrine" freely permits resale of foreign works legally purchased overseas and imported into the United States as the Third Circuit has held, or if such works can only be resold after the copyright holder explicitly approves the sale as the Second Circuit has held, or if they can only be resold after the copyright holder approves an earlier sale as the Ninth Circuit has held. | (04-16-2012) |
9th Circuit Court of Appeals
| Title | Excerpt | Filling Date |
|---|---|---|
| Assoc. Gen. Contractors v. Cal. Dep’t of Transp. | Constitutional Law: An affirmative action program which gives bidding preference in construction to specifically identified minorities based on a strong evidentiary showing of discrimination is constitutional under the Equal Protection Clause so long as it is narrowly tailored to benefit the limited groups identified to have actually suffered pervasive and ongoing discrimination. | (04-16-2013) |