Recent Decisions
WesternGeco LLC v. ION Geophysical Corp. (June 22, 2018)
WesternGeco owns patents for a system used to survey the ocean floor. ION sold a competing system, built from components manufactured in the U.S., then shipped abroad for assembly into a system indistinguishable from WesternGeco’s. WesternGeco sued for patent infringement, 35 U.S.C. 271(f)(1) and (f...
Currier v. Virginia (June 22, 2018)
Currier was indicted for burglary, grand larceny, and unlawful possession of a firearm by a convicted felon. Because the prosecution could introduce evidence of his prior burglary and larceny convictions to prove the felon-in-possession charge, which might prejudice the jury’s consideration of the o...
Dalmazzi v. United States (June 22, 2018)
Carpenter v. United States (June 22, 2018)
When a phone connects to a cell site, it generates time-stamped cell-site location information (CSLI) that is stored by wireless carriers for business purposes. The FBI identified the cell phone numbers of robbery suspects. Prosecutors obtained court orders to get the suspects’ CSLI under the Stored...
Ortiz v. United States (June 22, 2018)
The integrated “court-martial system” begins with the court-martial, which determines guilt or innocence and levies punishment. There are four appellate courts: the Court of Criminal Appeals (CCA) for the Army, Navy-Marine Corps, Air Force, or Coast Guard. They review decisions where the sentence is...
Wisconsin Central Ltd. v. United States (June 21, 2018)
Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act because they are not “money remuneration.”
South Dakota v. Wayfair, Inc. (June 21, 2018)
Overruling its own precedent requiring physical presence in the state, the Supreme Court holds that states may require out-of-state sellers to collect and remit sales tax.
Pereira v. Sessions (June 21, 2018)
A putative notice to appear that fails to designate the specific time or place of the noncitizen’s removal proceedings is not a notice to appear under 8 U.S.C. 1229(a), and does not trigger the "stop-time rule" with respect to eligibility for cancellation of removal.
Lucia v. Securities and Exchange Commission (June 21, 2018)
Securities and Exchange Commission’s ALJs are “Officers of the United States,” subject to the Appointments Clause.
Chavez-Meza v. United States (June 18, 2018)
Because the record as a whole demonstrated that the judge had a reasoned basis for his decision, the judge’s explanation for petitioner’s sentence reduction was adequate.
Besinek v. Lamone (June 18, 2018)
Maryland District Court properly denied preliminary injunctive relief in a case alleging retaliatory gerrymandering.
Lozman v. Riviera Beach (June 18, 2018)
The existence of probable cause for the plaintiff's arrest does not bar his First Amendment retaliation suit under 42 U.S.C. 1983 because of the requirement that the plaintiff prove an official policy motivated by retaliation.
Rosales-Mireles v. United States (June 18, 2018)
A miscalculation of a Guidelines sentencing range that has been determined to be plain and to affect a defendant’s substantial rights calls for a court of appeals to exercise its discretion under Rule 52(b) to vacate the defendant’s sentence in the ordinary case.
Gill v. Whitford (June 18, 2018)
Vacating the district court's finding of gerrymandering, the Supreme Court holds that Wisconsin Democrats failed to establish standing to challenge redistricting.
Latest Supreme Court News
Opinion analysis: Court holds that police will generally need a warrant for sustained cellphone location information (Updated)
SCOTUSblog,
[NOTE: This post, originally published at 11:26 a.m., was updated with additional analysis at 2:11 p.m.] Over 40 years ago, the Supreme Court outlined what has come to be known as the “third-party doctrine” – the idea that the Fourth Amendment does not protect records or information that someone voluntarily shares with someone or something…
Opinion analysis: Justices approve broad damage recovery for patent-infringing exports
SCOTUSblog,
This morning’s opinion in WesternGeco v. Ion Geophysical Corp., holding that the Patent Act authorizes a damage award for patent-infringing exports, is far from what you would have expected from the argument. In April when the justices heard from counsel for the parties, the bench engaged in a heated and far-ranging debate that touched on…
The Supreme Court Takes On the Police Use of Cellphone Records
The New York Times,
The court continues to define what privacy means in a world of ever-evolving technology.
Opinion analysis: Court holds agreement to statutory severance of overlapping counts waives issue-preclusion claim after acquittal at first trial
SCOTUSblog,
In a 5-4 decision authored by Justice Neil Gorsuch, the Supreme Court upheld the Virginia state courts’ conclusion that a defendant’s agreement to statutory severance of a felon-in-possession count from substantive burglary counts waived his right to invoke the issue-preclusion protection of the double jeopardy clause after he was acquitted of the substantive offenses. In…
How Do YOU Think About the Right to Vote?
Justia's Verdict,
UNLV Boyd School of Law professor Leslie C. Griffin comments on the US Supreme Court’s 5–4 decision in Husted v. A. Philip Randolph Institute, in which the Court upheld the legality of Ohio’s voter list maintenance procedure. Griffin explains some of the key points made in each of the four opinions and shares a deeply personal story about how she came to understand how seemingly innocuous list-maintenance laws like the one in this case disproportionately affect minorities, low-income people, the disabled, the homeless, and veterans—just as Justice Sotomayor described in her separate dissent.
Press Release Regarding Justice Sotomayor
Supreme Court of the United States,
U.S. Supreme Court Justice Sonia Sotomayor is scheduled to undergo reverse total shoulder replacement surgery tomorrow morning. Justice Sotomayor injured her left shoulder in a fall at her home on April 16. Tests revealed she suffered a multipart displaced head splitting fracture of her proximal humerus. Further consultation with specialists indicated surgery was warranted. Justice Sotomayor will curtail activities for the next few weeks while she recuperates. She will wear a sling for...
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