Supreme Court Decision Syllabus (SCOTUS Podcast)
435 episodes - English - Latest episode: 6 days ago - ★★★★ - 38 ratingsThe Supreme Court decision syllabus, read without personal commentary. See: Wheaton and Donaldson v. Peters and Grigg, 33 U.S. 591 (1834) and United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Photo by: Davi Kelly. Founded by RJ Dieken. Now hosted by Jake Leahy. Frequent guest host Jeff Barnum.
*Note this podcast is for informational and educational purposes only.
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Episodes
Muldrow v. St. Louis (Employment Discrimination)
April 29, 2024 02:00 - 8 minutes - 5.77 MBMuldrow v. City of St. Louis Sergeant Jatonya Clayborn Muldrow maintains that her employer, the St. Louis Police Department, transferred her from one job to another because she is a woman. From 2008 through 2017, Muldrow worked as a plainclothes officer in the Department’s specialized Intelligence Division. In 2017, the new Intelligence Division commander asked to transfer Muldrow out of the unit so he could replace her with a male police officer. Against Muldrow’s wishes, the Department a...
McIntosh v. United States (Criminal Forfeiture)
April 19, 2024 19:00 - 11 minutes - 7.86 MBMcIntosh v. United States Petitioner Louis McIntosh was indicted on multiple counts of Hobbs Act robbery and firearm offenses. The indictment set forth the demand that McIntosh “shall forfeit . . . all property . . . derived from proceeds traceable to the commission of the [Hobbs Act] offenses.” The Government also later provided McIntosh with a pretrial bill of particulars that included as property subject to forfeiture $75,000 in cash and a BMW that McIntosh purchased just five days after...
Rudisill v. McDonough (VA Benefits)
April 17, 2024 18:00 - 11 minutes - 7.79 MBPetitioner James Rudisill enlisted in the United States Army in 2000 and served a total of eight years over three separate periods of military service. He became entitled to Montgomery Bill benefits as a result of his first period of service. Rudisill earned an undergraduate degree and used 25 months and 14 days of Montgomery benefits to finance his education. Through his subsequent periods of service, Rudisill also became entitled to more generous educational benefits under the Post-9/11 G...
DeVillier v. Texas (Inverse Condemnation)
April 17, 2024 13:00 - 4 minutes - 2.84 MBDEVILLIER v. TEXAS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Argued Jan. 16, 2024—Decided Apr. 16, 2024 Richard DeVillier and more than 120 other petitioners own property north of U. S. Interstate Highway 10 between Houston and Beaumont, Texas. The dispute here arose after the State of Texas took action to use portions of I–10 as a flood evacuation route, installing a roughly 3- foot-tall barrier along the highway median to act as a dam. When subsequent hurri...
Sheetz v. El Dorado County (Takings Clause)
April 17, 2024 03:00 - 6 minutes - 4.79 MBGeorge Sheetz was required by the County of El Dorado to pay $23,420 George Sheetz tried to get a residential building permit from El Dorado County. To do so, the County made him pay a $23,420 "traffic impact fee." The fee was part of the County's "General Plan" -- this plan was intended to address the impact that development has on public services. This fee was calculated based on a standard schedule, rather than any actual impact resulting from his development. Sheetz paid the fee und...
Macquarie Infrastructure v. Moab Partners (SEC Disclosure)
April 15, 2024 14:00 - 6 minutes - 4.81 MBMacquarie Infrastructure Corporation owns a subsidiary that operates terminals to store bulk liquid commodities, including No. 6 fuel oil, which has almost 3% sulfer. The UN adopted IMO in 2016, which set in in 2020. This regulation capped the sulfur content on fuel oil used in shipping to 0.5%. Macquarie did not discuss this IMO in its public documents, but in February 2018, its stock fell 41% after announcing that it lost contracts in of its subsidiary. Moab partners sued for violating SEC...
Bissonnette v. LePage Bakeries (Federal Arbitration Act)
April 12, 2024 21:00 - 5 minutes - 4.01 MBFlowers makes baked goods that are then distributed across the country. Bissonnette owned the distribution rights in a certain part of the country. Their contract subjected them to the F.A.A.. After Bissonnette sued under Labor (wage) laws, Flowers moved to compel arbitration. Bissonnette said they're exempt because the F.A.A. exempts “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The District Court dismi...
FBI v. Fikre (No Fly List)
March 21, 2024 02:00 - 6 minutes - 4.7 MBRespondent Yonas Fikre, a U. S. citizen and Sudanese emigree, brought suit alleging that the government placed him on the No Fly List unlawfully. In his complaint, Mr. Fikre alleged that he traveled from his home in Portland, Oregon to Sudan in 2009 to pursue business opportunities there. At a visit to the U. S. embassy, two FBI agents informed Mr. Fikre that he could not return to the United States because the government had placed him on the No Fly List. The agents questioned him extensiv...
Wilkinson v. Garland (Immigration)
March 21, 2024 00:00 - 8 minutes - 5.55 MBWilkinson v. Garland Congress gives immigration judges discretionary power to cancel the removal of a noncitizen and instead permit the noncitizen to remain in the country lawfully. 8 U. S. C. §§1229b(a)–(b). An IJ faced with an application for cancellation of removal proceeds in two steps: The IJ must decide first whether the noncitizen is eligible for cancellation of removal under the statutory criteria. If the IJ finds the noncitizen statutorily eligible, the IJ must then decide whether...
O'Connor-Ratcliff v. Garnier (Public Official Social Media)
March 19, 2024 18:00 - 4 minutes - 3.13 MBO'Connor-Ratcliff v. Garnier In 2014, Michelle O’Connor-Ratcliff and T. J. Zane created public Facebook pages to promote their campaigns for election to the Poway Unified School District (PUSD) Board of Trustees. While O’Connor-Ratcliff and Zane (whom we will call the Trustees) both had personal Facebook pages that they shared with friends and family, they used their public pages for campaigning and issues related to PUSD. After they won election, the Trustees continued to use their public...
Lindke v. Freed (Public Official Social Media)
March 19, 2024 17:00 - 9 minutes - 6.37 MBJames Freed, like countless other Americans, created a private Facebook profile sometime before 2008. He eventually converted his profile to a public “page,” meaning that anyone could see and comment on his posts. In 2014, Freed updated his Facebook page to reflect that he was appointed city manager of Port Huron, Michigan, describing himself as “Daddy to Lucy, Husband to Jessie and City Manager, Chief Administrative Officer for the citizens of Port Huron, MI.” Freed continued to operate hi...
Pulsifer v. United States (Statutory Construction / Sentencing)
March 18, 2024 13:00 - 8 minutes - 6.18 MBPULSIFER v. UNITED STATES No. 22–340. Argued October 2, 2023—Decided March 15, 2024 After pleading guilty to distributing at least 50 grams of methamphetamine, petitioner Mark Pulsifer faced a mandatory minimum sentence of 15 years in prison. At sentencing, he sought to take advantage of the “safety valve” provision of federal sentencing law, which allows a sentencing court to disregard the statutory minimum if a defendant meets five criteria. Among those is the requirement, set out in Par...
Trump v. Anderson (Per Curiam -- Majority)
March 05, 2024 04:00 - 24 minutes - 16.9 MBTrump v. Anderson A group of Colorado voters contends that Section 3 of the Fourteenth Amendment to the Constitution prohibits former President Donald J. Trump, who seeks the Presidential nomination of the Republican Party in this year’s election, from becoming President again. The Colorado Supreme Court agreed with that contention. It ordered the Colorado secretary of state to exclude the former President from the Republican primary ballot in the State and to disregard any write-in votes ...
Trump v. Anderson (Barrett Concurrence)
March 05, 2024 03:00 - 1 minute - 1.23 MBTrump v. Anderson DONALD J. TRUMP, PETITIONER v. NORMA ANDERSON, ET AL. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF COLORADO [March 4, 2024] JUSTICE BARRETT, concurring in part and concurring in the judgment. I join Parts I and II–B of the Court’s opinion. I agree that States lack the power to enforce Section 3 against Presidential candidates. That principle is sufficient to resolve this case, and I would decide no more than that. This suit was brought by Colorado voters under state law i...
Trump v. Anderson (Sotomayor, Kagan, Jackson Concurrence)
March 05, 2024 03:00 - 11 minutes - 7.63 MBTrump v. Anderson JUSTICE SOTOMAYOR, JUSTICE KAGAN, and JUSTICE JACKSON, concurring in the judgment. "“If it is not necessary to decide more to dispose of a case, then it is necessary not to decide more.” Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215, 348 (2022) (ROBERTS, C. J., concurring in judgment). That fundamental principle of judicial restraint is practically as old as our Republic. This Court is authorized “to say what the law is” only because “[t]hose who apply [a] ...
McElrath v. Georgia (Double Jeopardy)
February 22, 2024 13:00 - 5 minutes - 3.84 MBMCELRATH v. GEORGIA Damian McElrath was charged with malice murder, felony murder, and aggravated assault -- all related to the death of his mother. A jury returned a split verdict. For the malice-murder charge, finding him “not guilty by reason of insanity” and “guilty but mentally ill” to the other counts. The Georgia Supreme Court stated that because these findings were inconsistent by finding different mental states, he should be retried under the Georgia "repugnant" doctrine. McEl...
Great Lakes Insurance v. Raiders Retreat Realty (Maritime Contract)
February 22, 2024 03:00 - 6 minutes - 4.63 MBGreat Lakes v. Raiders Great Lakes Insurance (organized in Germany and HQ in UK) entered into a maritime insurance contract with Raiders Retreat Realty Company (HQ in PA). The contract included a provision to apply New York law. A Raiders vessel had an incident in Florida, Raiders then filed a claim. Great Lakes filed for declaratory judgment in a Pennsylvania federal court. Raiders responded in that case. The PA federal court applied New York law and denied the Raiders claims under Pe...
USDA v. Kirtz (Fair Credit Reporting Act / Sovereign Immunity)
February 08, 2024 17:00 - 10 minutes - 6.93 MBDEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT RURAL HOUSING SERVICE v. KIRTZ Reginald Kirtz obtained a loan from the Department of Agriculture Rural Development Rural Housing Service. According to Kirtz, the USDA later told one of the major credit agencies (TransUnion) that Kirtz was behind on his payments. Kirtz says this was false and these false statements hurt his credit report and score. He sued the USDA under the Fair Credit Reporting Act. The USDA moved to dismiss in District Cour...
Murray v. UBS Securities, LLC (Whistleblower / Retaliatory Discharge)
February 08, 2024 17:00 - 7 minutes - 5.49 MBTREVOR MURRAY, PETITIONER v. UBS SECURITIES, LLC, ET AL. As part of Trevor Murray's job at UBS, he had to file reports to the Securities Exchange Commission (SEC). In these reports, he had to certify that the reports reflected his personal and independent views. Despite physical separation from the rest of the unit, Murray claimed that he was receiving pressure from higher ups to skew his reports. He reported these conversations and stated that he thought the pressure was illegal. Ev...
Acheson Hotels, LLC v. Laufer (ADA / Mootness)
December 06, 2023 00:00 - 2 minutes - 1.6 MBThe Supreme Court granted certiorari to address a circuit split -- whether Deborah Laufer has Article III standing to sue hotels that fail to include information about accessibility accommodations as required by the ADA. She sued hundreds of hotels, most of which she never intended on trying to stay at. After her lawyer faced sanctions, Laufer decided to voluntarily dismiss her case/s. She asked the Supreme Court to vacate her case as moot. Justice Barrett, writing for the Court, agreed....
Biden v. Nebraska (Student Loans)
September 19, 2023 01:00 - 13 minutes - 9.65 MBIn Biden v. Nebraska, the Supreme Court reviewed whether the HEROES Act authorized the Secretary of Education to unilaterally forgive $10,000 of student loans for most borrowers. The Court held that the Secretary does not have this power under HEROES Act, despite the language that allows the Secretary to "waive or modify" certain student loan provisions. Read by Jake A. Leahy.
Department of Education v. Brown (Student Loans / Standing)
August 27, 2023 19:00 - 9 minutes - 6.36 MBIn Department of Education v. Brown, the Supreme Court reviewed whether a person who was expecting student loan forgiveness, but not the maximum amount, had Article III standing to sue. The Court found that those individuals lacked standing to bring their challenge to the student loan forgiveness plan. Read by Jake A. Leahy.
303 Creative v. Elenis (First Amendment / Anti-Discrimination)
August 23, 2023 01:00 - 15 minutes - 10.4 MBIn 303 Creative v. Elenis, the Supreme Court considered whether a Colorado based website designer could be compelled to speak in a manner that violates her religious beliefs--that is, whether she could be compelled to create custom website designs for same-sex weddings. The Supreme Court held for the designer, finding that anti-discrimination laws did not prevent her from refusing to create website design services for same-sex weddings. Read by Jeff Barnum.
Groff v. DeJoy (First Amendment, Religious Liberty, Employment Accomodations)
August 20, 2023 13:00 - 13 minutes - 9.5 MBIn Groff v. DeJoy, the Supreme Court reviewed whether a postal worker was entitled to a religious accommodation that would allow him to not be scheduled on Sundays. The Court held that an employer who denies a religious accommodation is required to show a substantial burden if it had decided to accept the request. Read by Jeff Barnum.
Abitron v. Hetronic (Lanham Act)
August 18, 2023 19:00 - 10 minutes - 7.26 MBIn Abitron v. Hetronic, the Supreme Court answered whether certain sections of the Lanham Act were unconstitutionally extraterritorial. To decide this issue, the Court applies a two-part test. It first looks to: 1) whether “Congress has affirmatively and unmistakably instructed for the statute to regulate foreign conduct; and if part-one finds it is not extraterritorial, the analysis turns to 2) whether the statute seeks a (permissible) domestic or (impermissible) foreign application of the ...
Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (Affirmative Action)
August 16, 2023 15:00 - 22 minutes - 15.4 MBIn Students for Fair Admissions, the Supreme Court reviewed whether the admissions systems used by Harvard College and the University of North Carolina are constitutional under the Equal Protection Clause of the Fourteenth Amendment. Held: The universities' race-based affirmative action admissions programs are unconstitutional under the Equal Protection Clauses of the Fourteenth Amendment. Read by Jeff Barnum.
Mallory v. Norfolk Southern R. Co. (Personal Jurisidction)
August 16, 2023 12:00 - 6 minutes - 4.77 MBWhether the Due Process Clause of the Fourteenth Amendment prohibits a State from requiring an out of state corporation to consent to personal jurisdiction in order to do business in the state. Mallory, a Virginia resident, brought suit against Norfolk Southern Railway Company under Pennsylvania Law -- claiming carcinogen exposure in Ohio and Virginia. Norfolk Southern rebutted the suit with a constitutional argument, arguing that the Pennsylvania court lacked personal jurisdiction against t...
Counterman v. Colorado (True Threats / First Amendment)
July 01, 2023 13:00 - 6 minutes - 4.21 MBIn Counterman v. Colorado, the Supreme Court reviewed whether a conviction for stalking based on "true threats" requires an objective or subjective test. The Court ruled that to government must prove true threats based on a subjective test. Under this test, the Court writes, the speaker need not intend harm, and that recklessness is enough. Justice Kagan writes for the 7-2 majority. Read by Jeff Barnum.
Moore v. Harper (Independent State Legislature / Elections)
June 30, 2023 21:00 - 13 minutes - 9.63 MBIn Moore v. Harper, the Supreme Court reviewed whether acts by the state Legislature regarding the regulation of federal elections can be subject to state-level judicial review. Government actions are presumptively subject to judicial review, the Constitution's elections clause does not create a carveout to this expectation. In Moore, the North Carolina General Assembly passed new Congressional maps. The North Carolina Supreme Court struck down the maps due to partisan gerrymandering. Member...
United States v. Hansen (First Amendment / Immigration)
June 30, 2023 20:00 - 11 minutes - 8.07 MBIn United States v. Hansen, the Supreme Court considered whether a statute that forbids purposeful facilitation and facilitation of certain acts in overbroad and unconstitutional. To be over broad, a statute must criminalize such an unreasonable amount of protected speech that it cannot be applied to anyone. Hansen incorrectly promised hundreds of people American citizenship through adult adoption - amassing two million dollars from the hopeful non-citizens. He was charged with a statute tha...
Coinbase, Inc. v. Bielski
June 30, 2023 19:00 - 6 minutes - 4.42 MBIn Coinbase, Inc. v. Bielski, the Supreme Court reviewed whether a district court must stay proceedings while an interlocutory appeal is pending regarding the arbitrability of the claim is ongoing. Writing for an (in part) 5-4 and (in part) 6-3 majority, Justice Kavanaugh answers in the affirmative, stating that while an interlocutory appeal is pending about whether the case should go to arbitration, the district court must stay proceedings. Read by Jake Leahy.
United States v. Texas (Standing)
June 30, 2023 18:00 - 7 minutes - 5.16 MBIn United States v. Texas, the Supreme Court reviewed whether Texas and Louisiana have Article III standing to challenge the Biden Administration's new immigration guidelines. Writing for an 8-1 majority, Justice Kavanaugh ruled no, the states do not have standing to challenge the actions. Read by Jeff Barnum.
Samia v. United States (Confrontation Clause)
June 30, 2023 16:00 - 11 minutes - 7.85 MBIn Samia v. United States, the Supreme Court reviewed whether the confrontation clause is violated when a confession one of the co-defendants that implicitly implicates one of the other co-defendants violates the confrontation clause. The Court held that it does not. Read by Jake Leahy.
Pugin v. Garland (Immigration)
June 27, 2023 02:00 - 4 minutes - 3.44 MBIn Pugin v. Garland, the Court reviewed "whether an offense 'relat[es] to obstruction of justice' under §1101(a)(43)(S) even if the offense does not require that an investigation or proceeding be pending. Dictionary definitions, federal laws, state laws, and the Model Penal Code show that the answer is yes: An offense “relat[es] to obstruction of justice” even if the offense does not require that an investigation or proceeding be pending." Jake Leahy, Host.
Arizona v. Navajo Nation
June 26, 2023 23:00 - 7 minutes - 5.09 MBIn Arizona v. Navajo Nation, the Supreme Court answers whether the Navajo Nation has reserved water rights pursuant to the agreement that established the reservation for the Navajo people. Held: While the Navajo Nation has certain water and mineral rights, the United States is not required to take affirmative steps to provide for water rights to the Navajo people. Jeff Barnum, Guest Host.
Yegiazaryan v. Smagin (Jurisdiction / RICO)
June 23, 2023 20:00 - 12 minutes - 8.72 MBIn Yegiazaryan v. Smagin, the Supreme Court reviewed whether the United States district court has jurisdiction over a Civil RICO claim where the plaintiff is a foreign national (who resides in Russia) who has pleaded an injury based on his "his efforts to execute on a California judgment in California against a California resident were foiled by a pattern of racketeering activity that largely occurred in California and was designed to subvert enforcement of the judgment there. " Held: A plai...
Jones v. Hendrix (Prisoner's Rights)
June 23, 2023 17:00 - 14 minutes - 10.1 MBIn Jones v. Hendrix, the Supreme Court reviewed whether a prisoner can bring a habeas petition after the Supreme Court retroactively overruled Circuit Court precedent that would have allowed him to previously challenge his conviction. Held: The prisoner cannot circumvent the Antiterrorism and Effective Death Penalty Act of 1996, by filing a habeas petition after a change in the law based on the interpretation of a statute. Read by Jake Leahy.
United States ex rel. Polansky v. Executive Health Resources, Inc.
June 21, 2023 01:00 - 13 minutes - 9.29 MBIn U.S. ex rel. Polansky v. Executive Health Resources, the Supreme Court reviewed whether, in a qui tam False Claims Act action, the government can move to dismiss the case after not intervening during the so-called "seal" period. Writing for the 8-1 majority, Justice Kagan writes that the government may move to dismiss the False Claims Act action at anytime - so long as the government had intervened at some point, but regardless of the intervention was during the seal period or after. Rea...
Lora v. United States (Sentencing)
June 20, 2023 23:00 - 5 minutes - 4.11 MBIn Lora v. United States, the Supreme Court reviewed whether the Section 924(c) prohibition on concurrent sentences applies to sentences arising out of different subsections. Justice Jackson, writing for a unanimous Court, writes that it does not, that crimes from other sections are not subject to the ban on concurrent sentences. Guest Host Jeff Barnum.
Smith v. United States (Venue and Double Jeopardy)
June 20, 2023 03:00 - 9 minutes - 6.83 MBIn Smith v. United States, the Supreme Court reviewed whether the principle of double-jeopardy prevents a person from being retried after a trial took place in the incorrect venue and the jury was selected from the incorrect district. In a unanimous decisions, Justice Alito writes that the defendant is entitled to set aside the jury's conviction, but that a new trial in a proper venue is appropriate. Read by Jake A. Leahy.
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin (Tribal Bankruptcy)
June 19, 2023 07:00 - 8 minutes - 5.75 MBIn Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, the Supreme Court whether Congress abrogated tribal sovereignty in the Bankruptcy Code. Writing for the majority, Justice Kagan rules that Congress unequivocally abrogated tribal sovereign immunity in the Bankruptcy Code. Kagan reasons that "foreign or domestic" governments is a term such as "here or there;" meaning it encompasses all forms of governments anywhere. As the sole dissenter, Justice Gorsuch reasons that the w...
Haaland v. Brackken (Indian Child Welfare Act)
June 19, 2023 05:00 - 28 minutes - 19.5 MBIn Haaland v. Brackken, the Supreme Court reviewed whether provisions of the Indian Child Welfare Act are constitutional under several portions of the Constitution. Writing for the majority, Justice Barrett writes that the Act, which (in part) prioritizes placing Indian children with Indian (rather than non-Indian families), is within the purview of Congress. Read by Founder RJ Dieken. Also included is an update from RJ Dieken - he was started the podcast and previously hosted it. *Note: Thi...
Jack Daniel's Properties, Inc. v. VIP Products LLC (Trademark)
June 12, 2023 01:00 - 9 minutes - 6.46 MBIn Jack Daniel's Properties, Inc. v. VIP Products LLC, the Supreme Court examines the intersection of trademark law and First Amendment rights. The dispute centers around VIP's creation of a dog toy resembling a bottle of Jack Daniel's whiskey, with humorous modifications. Jack Daniel's argues that the toy infringes and dilutes their trademarks, while VIP claims it is a parody protected under the fair use exclusion. The Court addresses the application of the Rogers test and the scope of the ...
Health and Hospital Corporation of Marion Cty. v. Talevski (1983 Nursing Homes)
June 09, 2023 04:00 - 11 minutes - 8.19 MBIn Health and Hospital Corporation of Marion Cty. v. Talevski, the Supreme Court reviewed whether the Federal Nursing Home Reform Act (FBHRA) provides a right of action under Section 1983 against a privately owned nursing home that received Medicaid funds. Hosted by Jake Leahy.
Allen v. Milligan (Racial Gerrymandering)
June 08, 2023 23:00 - 21 minutes - 14.6 MBIn Allen v. Milligan, the Supreme Court reviewed whether Alabama’s Congressional maps violated Section 2 of the Voting Rights Act. A three-judge district court panel found that the plaintiffs demonstrated a sufficient likelihood on success on the merits against Alabama. Chief Justice Roberts, writing for the majority, affirmed. Read by Host, Jake Leahy.
Dubin v. United States (Medicaid Fraud)
June 08, 2023 23:00 - 12 minutes - 8.79 MBIn Dubin v. United States, the Supreme Court reviewed whether a person who commits Medicaid fraud through fraudulent billing can also be convicted for statutory aggravated identity theft. The Court ruled for Dubin, holding that the aggravated identity theft charge can only be applied when the identity theft was at the crux of the crime, not if the fraud happened to involve personal information (here, the Medicaid number). Hosted by Jake Leahy.
Glacier Northwest v. Teamsters (Labor)
June 02, 2023 03:00 - 8 minutes - 5.8 MBIn Glacier Northwest v. Teamsters, the Supreme Court reviewed whether the National Labor Relations Act preempts Glacier's state tort law claims that allege the Teamsters intentionally destroyed the company's concrete trucks when the truckers did not complete their deliveries in transit. The Court held that these claims were not preempted by federal law, reasoning that it is well-established that the NLRA does not protect striking workers who fail to take reasonable precautions to protect ag...
U.S. ex rel. Schutte v. SuperValu Inc. (False Claims Act)
June 02, 2023 02:00 - 7 minutes - 5.2 MBSupreme Court's decision is here. The False Claims Act allows for private citizens to bring a cause of action on behalf of the United Sates, against a person who "knowingly" submits a "false claim" to a federal program. The defendant can meet the knowledge requirement by, 1.) actual knowledge that the reported prices were not "usual and customary," 2.) being aware of a substantial risk that the retail prices were not usual and customary, or 3.) awareness of a substantial and unjustifiable...
Slack Technologies v. Pirani (Securities Act)
June 02, 2023 02:00 - 8 minutes - 5.99 MBIn Slack Technologies v. Pirani the Court held that Section 11 of the Securities Act of 1933 requires the plaintiff to prove that they purchased securities that were registered under a materially misleading registration statement. The Court rejected the argument that the term "such security" could include securities that were not registered under an allegedly misleading registration statement. Read by Jeff Barnum.
Dupree v. Younger (1983 Post-Trial Motion)
May 28, 2023 03:00 - 5 minutes - 3.87 MBIn Dupree v. Younger, the Supreme Court addressed whether a post-trial motion of a purely legal issue that was resolved at summary judgment, requires a post-trial motion to be preserved on appeal. Kevin Younger sued Neil Dupree, who was a correctional officer under Section 1983. Dupree moved for summary judgment alleging that Younger had failed to exhaust administrative remedies. The district court denied the motion. After Younger prevailed at trial by obtaining $700,000 in damages, Dupree a...