Volume 575

Justia Opinion Summary: Mellouli, a lawful permanent resident, pleaded guilty to a misdemeanor offense under Kansas law, the possession of drug paraphernalia “to . . . store [or] conceal . . . a controlled substance,” consisting of a sock in ...

Justia Opinion Summary: Debtors filed for Chapter 7 bankruptcy; each owned a house encumbered by a senior mortgage lien and by a junior mortgage lien held by Bank of America. Because the amount owed on each senior mortgage is greater than each house’s ...

Justia Opinion Summary: Elonis used the Web site Facebook to post lyrics containing graphically violent language and imagery concerning his wife, co-workers, children, and law enforcement, interspersed with disclaimers that the lyrics were “fictitious” ...

Justia Opinion Summary: Abercrombie refused to hire Elauf, a practicing Muslim, because the headscarf that she wore pursuant to her religious obligations conflicted with Abercrombie’s employee dress policy. The Equal Employment Opportunity Commission ...

Justia Opinion Summary: Barkes was arrested in 2004, for violating probation, and taken to a Wilmington Delaware Correctional Institution. During intake, a nurse who worked for the contractor providing healthcare at the Institution conducted a suicide ...

Justia Opinion Summary: Private parties may file civil qui tam actions to enforce the False Claims Act (FCA), 31 U.S.C. 3729(a)(1). A qui tam action must be brought within six years of a violation, but the Wartime Suspension of Limitations Act (WSLA) ...

Justia Opinion Summary: Commil, holder of a patent for a method of implementing short-range wireless networks, sued, claiming that Cisco Systems, a maker and seller of wireless networking equipment, had directly infringed Commil’s patent in its ...

Justia Opinion Summary: Sharif tried to discharge a debt to Wellness in his Chapter 7 bankruptcy. Wellness argued that a trust Sharif claimed to administer was actually Sharif’s alter ego, and that its assets were part of his bankruptcy estate. ...

Justia Opinion Summary: A federal litigant who is too poor to pay court fees may proceed in forma pauperis and commence a civil action without prepaying fees or paying certain expenses, 28 U.S.C. 1915(a), but a “three strikes” provision prevents ...

Justia Opinion Summary: Sheehan lived in a group home for individuals with mental illness. After Sheehan threatened to kill her social worker, San Francisco dispatched officers to escort Sheehan to a facility for evaluation and treatment. When the ...

Justia Opinion Summary: After being charged with the felony offense of distributing marijuana, Henderson was required, as a condition of bail, to turn over firearms that he lawfully owned. Henderson pleaded guilty, and, as a felon, was prohibited ...

Justia Opinion Summary: Maryland has a “state” income tax, Md. Tax-Gen. Code 10–105(a), and a “county” income tax, sections 10–103, 10–106. Residents who pay income tax to another jurisdiction for income earned in that other jurisdiction ...

Justia Opinion Summary: In 2007, beneficiaries of the Edison 401(k) Savings Plan sued Plan fiduciaries, to recover damages for alleged losses suffered because of alleged breaches of fiduciary duties. The beneficiaries claimed violations with respect ...

Justia Opinion Summary: Harris filed a Chapter 13 bankruptcy petition. His court-confirmed plan provided that he would make monthly mortgage payments to Chase, and that $530 per month would be withheld from his post-petition wages and remitted to ...

Justia Opinion Summary: After filing for Chapter 13 bankruptcy, Bullard submitted a proposed repayment plan. Bullard’s mortgage lender objected to the plan’s treatment of its claim. The Bankruptcy Court sustained the Bank’s objection and declined ...

Justia Opinion Summary: Before suing for employment discrimination under Title VII of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) must “endeavor to eliminate [the] alleged unlawful employment practice by informal ...

Justia Opinion Summary: Florida voters elect judges. The Florida Supreme Court adopted Canon 7C(1) of its Code of Judicial Conduct, stating that judicial candidates “shall not personally solicit campaign funds . . . but may establish committees ...

Justia Opinion Summary: The Federal Tort Claims Act (FTCA) provides that a tort claim against the United States “shall be forever barred” unless presented to the appropriate federal agency for review within two years after the claim accrues,” ...

Justia Opinion Summary: Institutions that buy natural gas directly from interstate pipelines sued, claiming that the pipelines had violated state antitrust laws: that they reported false information to the natural-gas indices on which natural-gas ...

Justia Opinion Summary: Struble, a K–9 officer, stopped Rodriguez for driving on a highway shoulder, a violation of Nebraska law. Struble attended to everything relating to the stop, including checking the driver’s licenses of Rodriguez and ...

Justia Opinion Summary: Providers of “habilitation services” under Idaho’s Medicaid plan are reimbursed by the state Department of Health and Welfare. Section 30(A) of the Medicaid Act requires Idaho’s plan to “assure that payments are ...

Justia Opinion Summary: Grady was convicted in North Carolina of a second degree sexual offense in 1997 and of taking indecent liberties with a child in 2006. After he served his sentence, the state held a hearing to determine whether he should ...

Justia Opinion Summary: Donald, Liggins, Moore, Saine, and Zaya decided to rob a drug dealer (Makki). Donald, Moore, and Liggins drove to Makki’s home. Moore and Donald entered. Liggins waited in the car. McGinnis, a drug runner, was present, ...

Justia Opinion Summary: The Pregnancy Discrimination Act specifies that Title VII’s prohibition against sex discrimination applies to discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions,” 42 U.S.C ...

Justia Opinion Summary: In 2012 Alabama redrew the boundaries of its 105 House and 35 Senate districts to minimize each district’s deviation from precisely equal population and avoid retrogression with respect to racial minorities’ “ability ...

Justia Opinion Summary: Hargis tried to register its trademark for SEALTITE with the U.S. Patent and Trademark Office. B&B opposed registration, claiming that SEALTITE is too similar to B&B’s SEALTIGHT trademark. The Trademark Trial and Appeal ...

Justia Opinion Summary: The Securities Act of 1933 requires that a company issuing securities file a registration statement containing specified information, 15 U.S.C. 77aa. The statement may include other representations of fact or opinion. A purchaser ...

Justia Opinion Summary: The Administrative Procedure Act (APA) establishes procedures federal administrative agencies use for “formulating, amending, or repealing a rule,” 5 U.S.C. 551(5), and distinguishes between “legislative rules,” issued ...

Justia Opinion Summary: The National Railroad Passenger Corporation (Amtrak) has priority to use track systems owned by the freight railroads for passenger rail travel, at agreed rates or rates set by the Surface Transportation Board. In 2008, Congress ...

Justia Opinion Summary: Alabama imposes sales and use taxes on railroads purchasing or consuming diesel fuel, but exempts their competitors: trucking companies and companies that transport goods interstate through navigable waters. Motor carriers ...

Justia Opinion Summary: Colorado requires residents who purchase goods from a retailer that does not collect sales or use taxes to file a return and remit taxes directly to its Department of Revenue. Noncollecting retailers must notify any Colorado ...