United States Supreme Court (4 summaries)
Millbrook v. United States
Under the Federal Tort Claims Act (FTCA) the law enforcement proviso in 28 U.S.C. 搂2680(h) for intentional torts extends to officers鈥 acts or omissions arising within the scope of their duty and is not limited to conduct during an arrest, search, or seizure.
Area(s) of Law:- Tort Law
FTC v. Phoebe Putney Health System, Inc.
Since Georgia has not clearly articulated and affirmatively expressed a policy in which hospital authorities can substantially lessen competition by acquiring additional hospitals, state-action immunity does not apply to the hospital authorities.
Area(s) of Law:- Antitrust
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak & Salazar v. Patchak
The United States waived sovereign immunity under the Administrative Procedure Act (APA) when it took land in trust for tribal use, and the Quiet Title Act (QTA) does not provide an exception for a suit that does not seek title of the land. Further, because the Indian Reorganization Act addresses land use, Respondent鈥檚 claims are entitled to prudential standing because they are within the Act鈥檚 鈥渮one of interest.鈥
Area(s) of Law:- Standing
Holder v. Gutierrez
The Board of Immigration Appeals' decision to reject imputation of parental residency is reasonable and entitled to Chevron deference because it is 鈥渂ased on a permissible construction鈥 of the statute.
Area(s) of Law:- Administrative Law
United States Supreme Court Certiorari Granted (6 summaries)
U.S. Forest Service v. Pacific Rivers Council
(1) Whether a plaintiff has Article III standing if it failed to establish a specific imminent threatened injury from its contact with the forest area affected by United States Forest Service proposals; (2) whether a plaintiff's claim is ripe if it can still object once it identified a specific injurious project; and (3) whether the National Environmental Policy Act requires the United States Forest Service to analyze all potential environmental effects as soon as reasonably possible.
Area(s) of Law:- Administrative Law
Walden v. Fiore
(1) Whether knowledge that Plaintiff has connections to the forum State constitute 鈥渆xpress aiming鈥 for specific personal jurisdiction; and (2) whether venue is established under 28 U.S.C. 搂 1391(b)(2) when the events or omissions giving rise to the claim occurred in a judicial district other than the forum state.
Area(s) of Law:- Civil Procedure
Hillman v. Maretta
Whether the Federal Employees鈥 Group Life Insurance Act (FEGLIA) preempts Virginia鈥檚 omitted spouse statute that allows a third party to recover death benefits from the named beneficiary.
Area(s) of Law:- Preemption
Sebelius v. Cloer
Whether a person who untimely files a claim under the National Vaccine Injury Compensation Program is eligible for an award of attorneys鈥 fees when the claim was brought in good faith and with a reasonable basis.
Area(s) of Law:- Attorney Fees
Millbrook v. United States
Whether 28 U.S.C. 搂搂1346(b) and 2680(h) waive the sovereign immunity of the United States for intentional torts committed by prison guards who are acting within the scope of their employment but are not exercising authority to "execute searches, to seize evidence or to make arrests for violations of Federal law."
Area(s) of Law:- Tort Law
FTC v. Phoebe Putney Health System, Inc.
(1) Whether the Georgia legislature 鈥渃learly articulated and affirmatively expressed [a] state policy to displace competition鈥 when it vested powers to acquire and lease hospitals; if so (2) whether such policy is sufficient to validate anticompetitive conduct given minimal state involvement with a leased hospital.
Area(s) of Law:- Corporations
9th Circuit Court of Appeals (17 summaries)
Ventress v. Japan Airlines
The Federal Aviation Act impliedly field preempts state whistleblower and employment law claims regarding pilot qualifications and medical standards.
Area(s) of Law:- Preemption
Rivera v. County of Los Angeles
Counties are not liable for violations of federal or state laws when arrestee was mistakenly identified as subject of arrest warrant because the counties had good faith, reasonable beliefs to make arrest, and statutory immunity.
Area(s) of Law:- Criminal Procedure
United States v. Gonzales-Monterroso
Delaware鈥檚 attempted rape in the fourth degree statute does not categorically qualify as a 鈥渃rime of violence鈥 to warrant a sixteen-level sentencing enhancement because the statute鈥檚 definition of 鈥渟ubstantial step鈥 is broader than the generic federal analogue.
Area(s) of Law:- Sentencing
Jones v. Nat'l Marine Fisheries
The Army Corps of Engineers鈥 Environmental Assessment and finding of no significant impact was neither deficient nor arbitrary or capricious, and therefore the Oregon Resources Corporation did not need to submit an additional environmental impact statement in order to receive a permit to mine mineral sands.
Area(s) of Law:- Environmental Law
United States v. Arreguin
Under the apparent authority doctrine, it is not objectively reasonable to believe a houseguest has authority to consent to the search of a house when officers know virtually nothing about the houseguest, the rooms in the residence, or the houseguest鈥檚 connection to those rooms.
Area(s) of Law:- Criminal Procedure
Wong v. Beebe
28 U.S.C. 搂 2401(b) of the Federal Tort Claims Act is not a 鈥渏urisdictional鈥 statute and is therefore entitled to presumptions of equitable tolling.
Area(s) of Law:- Tort Law
Nuveen Municipal v. City of Alameda
Failure to establish loss causation for securities fraud is fatal for a claim alleging loss due to misrepresentations.
Area(s) of Law:- Civil Law
Dow v. Virga
The standard to be used by state courts in reviewing prosecutorial misconduct is one of materiality, per Napue v. Illinois, not harmlessness.
Area(s) of Law:- Criminal Procedure
Drakes Bay Oyster Co. v. Jewell
The Ninth Circuit has jurisdiction to review an agency decision for abuse of discretion in allowing a mariculture permit to expire, but it does not have jurisdiction over the ultimate discretionary decision; the Secretary of the Interior did not abuse its discretion by not renewing the permit.
Area(s) of Law:- Administrative Law
United States v. Acosta-Chavez
Illinois鈥檚 Aggravated Criminal Sexual Abuse statute does not categorically qualify as a 鈥渇orcible sex offense鈥 to warrant a sixteen-level sentencing enhancement because the statute鈥檚 definition of a minor is broader than the generic federal analogue.
Area(s) of Law:- Sentencing
United States v. Gomez
Admitting a defendant鈥檚 post-arrest statement does not violate Miranda v. Arizona where the statement was voluntary and inconsistent with the defendant鈥檚 testimony and where the prosecution uses the statement only for impeachment purposes.
Area(s) of Law:- Criminal Procedure
Murphy v. DirecTV, Inc.
The Federal Arbitration Act preempts California鈥檚 rule that renders class arbitration waivers unenforceable, and Best Buy, as a non-signatory to a contract, cannot be compelled to arbitrate because no relevant California law allows it.
Area(s) of Law:- Arbitration
Kimble v. Marvel Enter., Inc.
A 鈥渉ybrid鈥 license agreement with inseparable patent and non-patent rights that includes royalty payments beyond the patent鈥檚 expiration is unenforceable after expiration unless the agreement includes a discount rate for the non-patent rights.
Area(s) of Law:- Patents
Cardenas-Delgado v. Holder
Immigration Nationality Act 搂 212(c) does not apply retroactively to waiver applications for convictions prior to the statute鈥檚 repeal.
Area(s) of Law:- Immigration
Harris v. Amgen
The fiduciary duty of care and loyalty under the Employee Retirement Income Security Act ("ERISA") is breached when a fiduciary continues to offer company stock as an investment alternative when it knew or should have known the stock's artificially inflated value; appointment of a trustee is not a clear delegation of exclusive authority by the fiduciary for purposes of defeating ERISA fiduciary status.
Area(s) of Law:- Corporations
Acosta v. City of Costa Mesa
A California city ordinance prohibiting disruptive public behavior at city council meetings is constitutionally overbroad and not severable when it fails to 鈥渓imit proscribed activity to only actual disturbances鈥 and instead includes a significant amount of 鈥渘on-disruptive, protected speech.鈥
Area(s) of Law:- Constitutional Law
Radcliffe_v._Experian Info. Solutions
An incentive award for class representatives conditioned on support of settlement makes the class representatives inadequate and creates a conflict of interest for class counsel between the class representatives and the class.
Area(s) of Law:- Civil Law