Willamette Law Online

(26 summaries)

Douglas Worley

United States Supreme Court

TitleExcerptFilling Date
Whitfield v. United StatesCriminal Law: The word "accompany" in 18 U.S.C. §2113, which creates increased penalties for actions taken during the commission of, or flight from, a bank robbery, means "to go with" even over short distances.(01-13-2015)
Integrity Staffing Solutions, Inc. v. BuskLabor Law: Time spent in post-work security screenings, and waiting in line for those screenings, is not compensable under the Fair Labor Standards Act.(12-09-2014)
McCullen v. CoakleyConstitutional Law: Banning the presence of all but an exempt few from the area around the entrances to reproductive health facilities unconstitutionally burdens the public's First Amendment rights.(06-26-2014)
Republic of Argentina v. NML Capital, Ltd.Sovereign Immunity: The Federal Sovereign Immunities Act does not protect sovereign debtors against postjudgment discovery.(06-16-2014)
CTS Corp. v. WaldburgerCivil Procedure: Section 9658 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 preempts state statutes of limitations, but does not preempt state statutes of repose.(06-09-2014)
Wood v. MossQualified Immunity: There is no "clearly established" law that ensures that groups with different viewpoints are positioned similarly when presidential safety is at issue.(05-27-2014)
Petrella v. Metro-Goldwyn-Mayer, Inc.Civil Procedure: Where Congress has provided a statute of limitations under Section 507(b) of the Copyright Act, the defense of laches is only available in extraordinary circumstances.(05-19-2014)
Environmental Protection Agency v. EME Homer City GenerationAdministrative Law: The Environmental Protection Agency's interpretation of the Clean Air Act and the regulations promulgated in furtherance of that act are reasonable and subject to deference.(04-29-2014)
Schuette v. Coalition to Defend Affirmative Action, Integration and Immigration Rights and Fight for Equality By Any Means Necessary (BAMN)Constitutional Law: Michigan's constitutional amendment banning discrimination on the basis of race, sex, color, ethnicity, or national origin in public employment, education, and contracting is upheld. (04-22-2014)
BG Group plc v. ArgentinaArbitration: When a United States court reviews an arbitration award under the Treaty, the provisions of the arbitration and award should be examined under the principles of contract law. (03-05-2014)
Lawson v. FMR LLCEmployment Law: The whistleblower protection provision of the Sarbanes-Oxley Act shelters employees of private contractors and subcontractors.(03-04-2014)
United States v. ApelProperty Law: For 18 U.S.C. § 1382 purposes, a military installation includes the commanding officer's area of responsibility.(02-26-2014)
Medtronic, Inc. v. Merowski Family Ventures, LLCCivil Procedure: The burden of persuasion in a declaratory judgment action stemming from a patent infringement suit is on the patentee.(01-22-2014)
United States v. WindsorConstitutional Law: Section 3 of the Defense of Marriage Act (DOMA) unconstitutionally violates the Equal Protection Clause of the Fifth Amendment.(06-26-2013)
Fisher v. University of Texas at AustinConstitutional Law: The Fifth Circuit erred by not applying strict scrutiny as articulated in Grutter and Regents of Univ. of Cal. v. Bakke, 438 U. S. 265.(06-24-2013)
Arizona v. Inter Tribal Council of Ariz.Preemption: "Evidence-of-citizenship requirements, as applied to federal applicants, is preempted by the National Voter Registration Act’s mandate that States “accept and use” the Federal Form."(06-17-2013)

United States Supreme Court Certiorari Granted

TitleExcerptFilling Date
Kansas v. Reginald CarrSentencing: Whether the Eight Amendment requires either severance of co-defendants' cases at sentencing or affirmative instructions to sentencing juries that mitigating circumstances need not be proved beyond a reasonable doubt.(03-30-2015)
Ocasio v. United StatesCriminal Law: Whether the federal statute forbidding extortion requires a conspiracy to commit extortion to target a victim outside the conspiracy.(03-02-2015)
Glossip v. GrossConstitutional Law: Whether Oklahoma's prisoner execution protocols violate the Eighth Amendment to the U.S. Constitution.(01-23-2015)
Chen v. Mayor and City Council of Baltimore, MarylandCivil Procedure: Whether, under Federal Rule of Civil Procedure 4(m), a district court has discretion to extend the time for service of process absent a showing of good cause.(11-07-2014)
Williams-Yulee v. The Florida BarConstitutional Law: Whether a rule of judicial conduct that prohibits judicial candidates from personally soliciting campaign funds violates the First Amendment.(10-02-2014)
B&B Hardware, Inc. v. Hargis Industries, Inc.Civil Procedure: Whether the Trademark Trial and Appeal Board's findings preclude the relitigation of those same issues in subsequent litigation.(07-01-2014)
Gelboim v. Bank of America Corp.Civil Procedure: Whether a final order renders a suit immediately appealable when that suit has been consolidated with other suits that have not concluded.(06-30-2014)
Whitfield v. United StatesCriminal Law: Whether "forced accompaniment" during a bank robbery must be substantial in order to trigger the increased penalty under 18 U.S.C. § 2113(e).(06-23-2014)
BG Group PLC v. Republic of ArgentinaArbitration: Whether an arbitrator or court has power to determine whether a prerequisite to arbitration has occurred.(06-10-2013)
Lawson v. FMR LLCEmployment Law: Whether the First Circuit erred when it construed the Sarbanes-Oxley Act of 2002 (SOX), 18 U.S.C. § 1514A, to only protect whistleblower employees of publicly traded companies, but not private companies.(05-20-2013)