Supreme Court Decision Syllabus (SCOTUS Podcast)

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.

US v Haymond (5a 6a, right to jury)

Kisor v Wilkie (Auer deference)

Auer and seminole rock stand.

TN wine & spirits v Thomas (21st Amendment / DCC)

Under the 21st amendment and the dormant commerce clause, Tennessee’s two-year residency requirement for new alcohol sales licensing is unconstitutional. 

US v Davis (void for vagueness)

Holding ”crime of voilence” to be unconstitutionally vague.

Dutra v Batterton (Admiralty, unseaworthyness)

Punitive damages are not available for unseaworthiness claims.

Iancu v Brunetti (FUCT TRADEMARK)

PTO can not refuse trademarks on grounds that they are ”immoral or scandalous”.

Food mktg v Argus Leader (FOIA)

This info is confidential under part 4 of FOIA exceptions.

Flowers v Mississippi (Batson)

Knick v Township of Scott PA (takings)

Williamson co. Is overruled

Rehaif v US (knowingly)

”knowingly” in sec 924(a)(2) means ”knowingly”

Kaestner Trust v NC

NC Can not tax this trust in this instance, based on only state residence.

Gundy v US (delegation of power)

The sex offender registry’s registration of pre act offenders in not an issue of unconstitutional congressional delegation.

McDonagh v Smith (fabricated evidence)

When does the limitations period clock start ticking in re a claim of fabricated evidence.

Am Legion v Am Humanist Assoc. (establishment clause)

The Bladensburg cross may remain.

PDR v Carlton & Harris (unsolicited advertisement)

Remand for consideration of a few things. Support the show (https://paypal.me/SCOTUSsyllabus)

PDR v Carlton & Harris (unsolicited advertisement)

Remand for consideration of a few things.

VA Uranium v Warren (NRC/AEA)

A Virginia ban on Uranium mining is upheld.

Manhattan CAC v Halleck (1a)

The Manhattan community access corp, is not a government actor in regards to the 1st amendment right to free speech.

Gamble v US (sep sovereigns doctrine)

The separate sovereigns doctrine is not implicated by double jeopardy. 

Va House v Bethune-Hill (Standing)

The house is denied standing.

Quarles v US (Burglaries & the ACA)

Quarles’ burglary conviction counts under the Armed Career Criminal act.

Return Mail v US Postal Service (Patent and who is a person)

In this context, Agents of the sovereign (federal agencies) are not “persons” in this section of the AIA.

Parker Drilling v Newton

CA Law needs to fill a gap in federal law to be applicable on the outer continental shelf, under the OCSLA, it can not simply be “not inconsistent”.

Azar v Allina health (Medicare “fraction”)

In re notice and comment when changing substanitive rules. 

Taggart v Lorenzen (Bankruptcies and Civil Contempt)

Vacate and remand, contempt findings in this context require “no fair ground of doubt”.

Ft Bend, TX v Davis (EEOC)

About claim filing rules.

Mont v US (supervised release tolling)

Prisoner does not get credit for his pre trial custody in re his supervised release for another crime.

Smith v Berryhill (SSA Appeals)

Definition of “final decision”

Smith v Berryhill (SSA Appeals)

Definition of “final decision” Support the show

Home depot v Jackson (who can remove to federal court)

Third party counterclaim defendants can not remove to federal court.

Box v Planned Parenthood (Fetal Disposition law)

Explicitly stated not to be case about the right to an abortion, although i’m sure the news media will tell you so. Still have a bit of a sore throat, so apologies on some audible swallowing noises etc.

Nieves v Bartlett (Retaliatory arrest)

Retaliatory arrest claim defeated by probable cause to arrest. 

Nieves v Bartlett (Retaliatory arrest)

Retaliatory arrest claim defeated by probable cause to arrest.  Support the show

Merck & Dohme v Albrecht (Duty to warn/impossibly doctrine)

A clarification on what is considered clear evidence that a drug company could not fulfill it’s duty to warn in light of FDA refusals to allow label changes.

Herrera v WY (Treaty hunting rights)

Bighorn national forest is not “occupied lands” in the context of an 1865 treaty.  Said treaty did not expire upon Wyoming's statehood.  Support the show (https://paypal.me/SCOTUSsyllabus)

Herrera v WY (Treaty hunting rights)

Bighorn national forest is not “occupied lands” in the context of an 1865 treaty.  Said treaty did not expire upon Wyoming's statehood. 

Mission v Tempnology (contracts in bankruptcy)

Breach of a contract under the bankruptcy code still constitutes breach of a contract in this instance.

Cochise v US ex. Rel. Hunt (Relator statute of limitations)

Regarding relators filing qui tam and when is too late.

Tax Board of CA v Hyatt

Nevada v Hall is overruled.