Box v. Planned Parenthood of Indiana and Kentucky, Inc.
The disposal of fetal remains constitutes a legitimate governmental interest and governmental regulation will satisfy rational basis review even without perfect tailoring, but the regulation of selective abortions constitutes a novel legal issue that more appellate courts must consider before Supreme Court review.
Area(s) of Law:- Constitutional Law
Home Depot U.S.A., Inc., v. Jackson
28 U. S. C. 搂1441(a) and Class Action Fairness Act (鈥淐AFA鈥) 搂1453(b) removal provisions do not allow third-party defendants to remove a matter to federal court.
Area(s) of Law:- Civil Procedure
Nieves v. Bartlett
The existence of probable cause, examined under an objective standard, generally precludes retaliatory arrest claims under 42 U.S.C. 搂 1983.
Area(s) of Law:- Constitutional Law
Smith v. Berryhill, Acting Commissioner of Social Security
A dismissal for untimeliness by the Social Security Administration鈥檚 Appeals Council is a 鈥渇inal decision . . . made after a hearing鈥 for purposes of allowing judicial review under 42 U.S.C. 搂405(g).
Area(s) of Law:- Administrative Law
Herrera v. Wyoming
Wyoming鈥檚 statehood did not abrogate an 1868 treaty between the United States and the Crow Indian Tribe regarding tribal members鈥 rights to hunt on "unoccupied lands" and Bighorn National Forest is not categorically "occupied."
Area(s) of Law:- Indian Law
Merck Sharp & Dohme Corp. v. Albrecht
Absence of 鈥渃lear evidence that the FDA would not approve a change to a label, the Court will not conclude that it was impossible鈥 to comply with both federal and state requirements.鈥
Area(s) of Law:- Preemption
Mission Products Holdings, INC., v. Tempnology, LLC, NKA Old Cold LLC
A debtor's rejection of an executory contract in bankruptcy has the same effect as a breach outside bankruptcy under 11 U.S.C. 搂 365.
Area(s) of Law:- Bankruptcy Law
Apple, Inc. v. Pepper
Illinois Brick Co. v. Illinois established a bright-line rule authorizing direct purchasers to bring suit against alleged antitrust violators.
Area(s) of Law:- Antitrust
Cochise Consultancy, Inc. v. United States ex rel. Hunt
搂3731(b)(2) of the False Claims Act applies to suits initiated by private persons where the government has declined to intervene and private persons of a non-intervened suit do not constitute officials of the United States for the purposes of triggering the three year limitation period of 搂3731(b)(2).
Area(s) of Law:- Civil Law
Franchise Tax Board of California v. Hyatt
States retain sovereign immunity when suits are brought by private parties in courts of other States, overruling Nevada v. Hall, 440 U.S. 410 (1979).
Area(s) of Law:- Sovereign Immunity