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Leal Garcia v. Texas (July 7, 2011) (5-4 per curiam)
Pending death sentence
Vienna claim in future?
No reason for stay
Goodyear Dunlop Tire Operations, S.A. v. Brown (June 27, 2011)
Accident abroad
Foreign tire companies
Cannot be sued here
U.S. v. Juvenile Male (June 27, 2011)
Youth sex offender
Ex post facto law issue
Age makes issue moot
J. McIntyre Machinery, Ltd. v. Nicastro (June 27, 2011)
Hand hurt by machine
Maker did not target state
No jurisdiction
Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett (June 27, 2011)
Campaign matching funds
Caused by opponent spending
Burden on free speech
Brown v. Entertainment Merchants Ass’n (June 27, 2011)
Ban on sales to kids
Violent video games
Fails strict scrutiny
Sorell v. IMS Health Inc. (June 23, 2011)
Prescriber info
Can’t stop sales by pharmacies
For marketing use
CSX Transp. Inc. v. McBride (June 23, 2011)
Railroad worker hurt
Need not show proximate cause
Not like common law
Freeman v. U.S. (June 23, 2011)
Jail time based on plea
Later Guidelines reduction
May reduce sentence
Pliva, Inc. v. Mensin (June 23, 2011)
Generic labels
Inadequate warning claim
FDA preempts
Stern v. Marshall (June 23, 2011)
Anna Nicole case
Tortious interference claim
Not bankruptcy court
Bullcoming v. New Mexico (June 23, 2011)
Confrontation Clause
Applies to BAC report
Testimonial
Borough of Duryea v. Guarnieri (June 20, 2011)
City police chief
Brought retaliation claim
No free speech issue
Turner v. Rogers (June 20, 2011)
The right to counsel
Applies to civil contempt
Long jail time in play
Am. Electric Power Co. v. Conn. (June 20, 2011)
Greenhouse gas lawsuit
No federal common law
EPA preempts
Wal-Mart Stores, Inc. v. Dukes (June 20, 2011)
Female employess
Claims lack commonality
Don’t certify class
J.D.B. v. North Carolina (June 16, 2011)
Miranda warning
Was suspect in custody?
Child’s age matters
Search of vehicle
Change of law before trial
Gun not excluded
Alien smuggler
Needed drug rehab program
Can’t lengthen sentence
Scorned woman burned friend
Has Tenth Amendment standing
Caustic chemicals
Smith v. Bayer Corp. (June 16, 2011)
A federal court
May not enjoin a state court
Certifying class
Flores-Villar v. U.S. (June 13, 2011)
Born outside U.S.
Citizenship easier
Through mom than through dad
Janus Capital Group, Inc. v. First Derivative Traders (June 13, 2011)
Creator of fund
Not liable for statements
Made by fund itself
U.S. v. Jicarilla Apache Nation (June 13, 2011)
U.S. holds tribe lands
Not a fiduciary
Privilege applies
Nevada Comm’n on Ethics v. Carrigan (June 13, 2011)
Public officials
Conflict bars vote, lobbying
Not protected speech
Talk America, Inc. v. Michigan Bell Telephone Co. (June 9, 2011)
Local carriers
Must allow access at cost
Interconnection
Flight from cops in car
A violent felony
Three strikes law applies
DePierre v. U.S. (June 9, 2011)
“Cocaine base” defined
Not limited to just crack
Ten years minimum
Microsoft Corp. v. i4i Ltd. Partnership (June 9, 2011)
Patent invalid?
Defendant’s standard of proof
Clear and convincing
Board of Trustees of the Leland Stanford Jr. Univ. v. Roche Molecular Sys. (June 6, 2011)
Despite Bayh-Dole Act
Inventor, not contractor
Owns their invention
Erica P. John Fund, Inc. v. Halliburton Co. (June 6, 2011)
Securities fraud
Need not prove loss causation
To certify class
Civil rights action
Fees just for frivolous claims
Not for the whole case
McNeill v. U.S. (June 6, 2011)
Three strikes sentencing
Seriousness determined
At time of priors
Global-Tech Appliances, Inc. v. SEB S.A. (May 31, 2011)
Patented fryers
Willful blindness sufficient
Induced infringement
Ashcroft v. Al-Kidd (May 31, 2011)
Terrorist suspect
Warrant validates arrest
Motive matters not
Camreta v. Greene (May 26, 2011)
State actor prevails
Qualified immunity
May appeal merits
U.S. v. Tinklenberg (May 26, 2011)
Speedy Trial Act
Seventy Days Exceptions
Motions and travel
Witness tampering
Must have been a likelihood
Victim would call Feds
Chamber of Commerce of the U.S.A v. Whiting (May 26, 2011)
Immigration laws
Arizona penalties
No Fed preemption
General Dynamics Corp. v. U.S. (May 23, 2011)
Navy stealth bomber
Need to protect state secrets
No relief from courts
Overcrowded jails
Poor medical, mental care
Set prisoners free
CIGNA Corp. v. Amara (May 16, 2011)
Company pension
Annuity changed to cash
Court may prevent harm
Schindler Elevator Corp. v. U.S. ex rel Kirk (May 16, 2011)
False Claims Act qui tam
FOIA responses
“Report” exception
Kentucky v. King (May 16, 2011)
A warrantless search
Drug scent and destruction sounds
Exigent? Perhaps
Murder sentencing
Jury given chance to choose
Life in lieu of death
Montana v. Wyoming (May 2, 2011)
Yellowstone River
Water rights and new sprinklers
Montana all wet
AT&T Mobility LLC v. Concepcion (Apr. 27, 2011)
Sales tax on “free” phone
Classwide arbitration sought
FAA preempts
U.S. v. Tohono O’odham Nation (Apr. 26, 2011)
Tribe assets in trust
No Federal Claims Court case
As other claim pends
Sossamon v. Texas (Apr. 20, 2011)
Inmates kept from church
Sovereign immunity
No money from state
Virginia Office for Protection and Advocacy v. Stewart (Apr. 19, 2011)
State agencies fight
Federal court may command
“Heed federal law”
Cullen v. Pinholster (Apr. 4, 2011)
Habeas review
Just mom for mitigation
Counsel competent
Arizona Christian School Tuition Org. v. Winn (Apr. 4, 2011)
Church school scholarships
Arizona tax credits
No taxpayer suits
Connick v. Thompson (Mar. 29, 2011)
Lab report withheld
Not persistent and widespread
D.A. not to blame
Astra USA, Inc .v Santa Clara County (Mar. 29, 2011)
Public health clinics
Cannot sue drug companies
To enforce price caps
Matrixx Initiatives, Inc. v. Siracusano (March 22, 2011)
Securities fraud
Cold drug linked to loss of smell
Part of “total mix”
Kasten v. Saint-Gobain Performance Plastics Corp. (Mar. 22, 2011)
Retaliation
Term “filed any complaint”
Includes oral claims
Felkner v. Jackson (Mar. 21, 2011) (per curiam)
State Batson rulings
Get “highly deferential”
Federal review
Habeas deadline
Sentence reduction request
Collateral? Yes
Milner v. Dept. of Navy (Mar. 7, 2011)
For FOIA
Navy munitions storage
Not “personnel rules”
Skinner v. Switzer (Mar. 7, 2011)
DNA testing
Federal civil rights claim
Not just habeas
Post-appeal rehab
Supports downward variance
On resentencing
Snyder v. Phelps (March 2, 2011)
Church so full of hate
Pickets soldier’s funeral
Protected discourse
Henderson v. Shinseki (Mar. 1, 2011)
Deadline for appeal
Is not jurisdictional
Vet benefits claim
Staub v. Proctor Hospital (Mar. 1, 2011)
Reservist fired
Middle managers’ actions
Can give rise to claim
FCC v. AT&T, Inc. (March 1, 2011)
FOI request
No “personal privacy”
For corporations
Michigan v. Bryant (Feb. 28, 2011)
Confrontation Clause
Ongoing emergency
I.D. not hearsay
Walker v. Martin (Feb. 23, 2011)
State timeliness test
An independent state grounds
Habeas denied
Williamson v. Mazda Motor of America, Inc. (Feb. 23, 2011)
State wrongful death suit
Minivan backseat lap belt
No tort preemption
Bruesewitz v. Wyeth LLC (Feb. 22, 2011)
Childhood vaccines
Unavoidable effects
No action in tort
CSX Transportation, Inc. v. Alabama Dept. of Revenue (Feb. 22, 2011)
Railroad may challenge
Alabama diesel tax
Rivals do not pay
Swarthout v. Cooke (Jan. 24, 2011)
Habeas corpus
Cannot be used to address
Error of state law
Chase Bank USA, N.A. v. McCoy (Jan. 24, 2011)
Regulation Z
Charge card default fee increase
Notice not needed
Ortiz v. Jordan (Jan. 24, 2011)
After full trial
Denied summary judgment
May not be appealed
Thompson v. North American Stainless, LP (Jan. 24, 2011)
Retaliation
Whether claim was made by you
Or your fiance´
NASA v. Nelson (Jan. 19, 2011)
NASA background check
Government as employer
Drug questions fair game
Premo v. Moore (Jan. 19, 2011)
Police confession
Other murder admissions
Supression futile
Harrington, Warden v. Richter (Jan. 19, 2011)
Blood pool on the floor
Expert not hired to test
Lawyer effective
Ransom v. FIA Card Services, N.A. (Jan. 11, 2011)
Bankruptcy means test
No car expense deduction
If car owned outright
Mayo Foundation for Medical Education and Research v. United States (Jan. 11, 2011)
Doctor residents
Employees, not just students
FICA taxes due
Madison County, New York v. Oneida Indian Nation of New York (Jan. 10, 2011)
Oneida Nation
Sovereign immunity?
Waived by tribe in case
Costco Wholesale Corp. v. Omega, S.A. (Dec. 13, 2010)
Kagan is recused
Copyright, first sale doctrine
Court splits four to four
Los Angeles County v. Humphries (Nov. 30, 2010)
Civil rights action
No lawyers’ fees from county
Prospective relief
Abbott v. United States (Nov. 15, 2010)
Drugs or violence
Five years added to sentence
When gun is carried
Wilson v. Corcoran (Nov. 8, 2010) (per curiam)
Habeas corpus
Not in federal court if
No federal claim
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