Supreme Court Decision Syllabus (SCOTUS Podcast)

SERVICE v. COWPASTURE RIVER PRESERVATION (Pipeline under Appalachian trail)

Supreme court considers the disputed land an easement to the National park service, thus in this case the pipeline permit is ok. Support the show (https://paypal.me/SCOTUSsyllabus)

US FOREST SERVICE v. COWPASTURE RIVER PRESERVATION (Pipeline under Appalachian trail)

Supreme court considers the disputed land an easement to the National park service, thus in this case the pipeline permit is ok.

Bostock v Clayton Co (Title VII -Transgender/Gay)

Title VII of the civil rights act makes it illegal to discriminate in employment against people for being gay, or transgender.

LOMAX v. ORTIZ-MARQUEZ (PLRA Strikes)

In regards to the Prison litigation reform act §1915(g)’s 3 strikes rule, qualifying dismissals count as strikes regardless as to if they are dismissed with or without prejudice.

THOLE v. U. S. BANK (Standing)

Plaintiffs in defined benefits retirement plans who suffer no injury in fact, do not have standing to sue.

BANISTER v. DAVIS - Rule 59(e) petitions

NASRALLAH v. BARR (CAT Removal appeals - Immigration)

Appealing CAT orders is allowed in this case.

GE ENERGY POWER CONVERSION FRANCE v. OUTOKUMPU STAINLESS

FINANCIAL OVERSIGHT AND MANAGEMENT BD. FOR PUERTO RICO v. AURELIUS INVESTMENT,

The board can stay, they are primarily considered to be local officers, not federal officers.

OPATI v. REPUBLIC OF SUDAN

Can sue for punitive damages in this case.

LUCKY BRAND DUNGAREES v MARCEL FASHIONS (Issue/claim preclusion)

This issue is not similar enough to qualify for defensive issue or claim preclusion.

KELLY v. UNITED STATES (Bridgegate)

Regarding the wore fraud charges not being appropriate. 

US v SINENENG-SMITH (Party Presentation rule)

9th Circuit can not make this case about something that the parties had not already presented.

NY STATE RIFLE & PISTOL v. CITY OF NEW YORK

Vacated and remanded for further proceedings. Mostly Moot/can’t assert a new clam here.

Georgia v Public.Resource.org

The annotations are not copyrightable.

Georgia v Public.Resource.org

The annotations are not copyrightable. Support the show

MAINE COMMUNITY HEALTH OPTIONS v. UNITED STATES (Risk Corridors)

The government obligated itself to pay in this instance. (Health insurance risk corridors)

BARTON v BARR (Stop Time cancellation of removal)

ROMAG FASTENERS v. FOSSIL GROUP (Willfulness in infringment)

Willfullness not specifically required under §1125(a).

MAUI, HAWAII v. HAWAII WILDLIFE FUND (Point Source)

The point source case.

THRYV, INC. v. CLICK-TO- CALL (§314, Inter Partes review)

Reviewability of decision to do an inter partes review.

ATLANTIC RICHFIELD v. CHRISTIAN (Superfund)

Dispute over a superfund site in Montana.

Ramos v Louisiana (Right to unanimous jury)

The 6th amendment (through the 14th)  requires unanimous jury to convict on serious crimes.

Democratic NC v Republican NC

PC Opinion on an Injunction relating to the election in Wisconsin.

Babb v Wilkie (Age Discrimination)

ADEA

Kansas v Glover (probable cause)

Without additional information to rebut the presumption, it is reasonable for an officer to believe a vehicle belonging to a driver with a revoked license is being driven by the owner.

CITGO v Frescati

Safe berth clause of sub charter agreement In this case means safe berth, not due diligence.

Davis v US (appeal of plain error)

Telling the 5th circuit to review for plain error.

Comcast v Natl Assn. African American media

Court says §1981 still needs but-for causation.

Kahler v Kansas (Insanity Defense)

the court refuses to set a constitutional bar for the insanity defense.

Allen v Cooper (copyright/state sov immunity)

Court holds CRCA does not properly abrogate state sovereign immunity against copyright infringement.

Guerrero-Lasprilla v Bar (Immigration)

In this case the question is a “question of law”

Kansas v Garcia

The fact info is used on the I-9 form, does not preempt that information (submitted on other forms) from being used to prosecute for fraud.

Holguin-Hernandez v US

petitioner did enough to preserve right of appeal. 

Intel v Sulyma

ERISA - Defining “Actual Knowledge” as being Actual Knowledge.

Shular v US

ACCA arguments, including things depending on what the definition of “is” is.

Rodriguez v FDIC

In Re the Bob Richards rule.

McKinney v Arizona

Death penalty appeal in re Clemons (because Ring and Hurst aren’t retroactive on collateral review) 

Hernandez v Mesa

Court refuses to extend Bivens to the cross border shooting of a child by a border patrol officer.

Monasky v Taglieri

Considering the Hague convention’s definition of “habitual residence” of a child  and a few other factors in re: “returning” a child

Rom Catholic Church of PR v Feliciano

Once a case is removed to federal court, the state court can’t do anything, until federal courts are finished.

Retirement...IBM v Jander (ERISA)

Court say ERISA and the fiduciary duty of ESOP administrators is complecated.

Ritzen v Jackson (bankruptcies)

Peter v NantKwest (American rule)

PTO can not recover attorney fees via §145, because ”all expenses” is not sufficient to overcome the American Rule.

Rotkiske v Klemm (FDCPA)

refusing to read in a time of discovery exception into the FDCPA’s §1692k(d) 1-year statute of limitations.

Thompson v Hebdon (election contributions)

Court isn’t to fond of Alaska’s low political contributions limits.

Montgomery v Louisiana (2015 Case\equipment check)

A case recently argued about in  Mathena v. Malvo Uploading to check equipment and upload ability to podcast sources before we start getting new decisions.

DOC v New York (Citizenship question)

In re the census citizenship question.

Mitchell v Wisconsin (BAC testing while unconscious)

It’s legal.

Rucho v Common cause (partisan gerrymandering)

No help from the courts on partisan gerrymandering.