Opinions from 2017

Justia Opinion Summary: The Acting Secretary of the Department of Homeland Security (DHS) announced steps to rescind the Deferred Action for Childhood Arrivals (DACA) program by March 2018, concluding that DACA violates the Administrative Procedure ...

Justia Opinion Summary: Hamer filed an employment discrimination suit. The district court granted the defendants summary judgment, entering final judgment on September 14, 2015. Before October 14, the date Hamer’s notice of appeal was due, her ...

Justia Opinion Summary: More than 30 years ago, Madison shot a police officer in the head at close range. An Alabama jury found Madison guilty of capital murder. In 2016, he sought suspension of his death sentence, arguing that, due to recent strokes, ...

Justia Opinion Summary: Cuero, on parole, driving under the influence of methamphetamine and without a license, while carrying a gun, drove his car into and seriously injured a pedestrian. A California court permitted the state to amend a criminal ...

Justia Opinion Summary: In 2010, a U.S. Border Patrol agent standing on U.S. soil shot and killed Hernandez, an unarmed 15-year-old Mexican national, standing on Mexican soil. Hernandez had been playing a game that involved running up the embankment ...

Justia Opinion Summary: Trinity Lutheran Child Learning Center, operating on church property, sought to replace its playground’s gravel surface by participating in Missouri’s Scrap Tire Program, which offers grants to qualifying nonprofit organizations ...

Justia Opinion Summary: In January 2017, President Trump signed executive order EO-1, "Protecting the Nation From Foreign Terrorist Entry," suspending, for 90 days, entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, ...

Justia Opinion Summary: In 2007-2008, Lehman Brothers raised capital through public securities offerings. Petitioner, the largest public pension fund in the country, purchased some of those securities. A 2008 putative class action claimed that ...

Justia Opinion Summary: In petitioner’s state capital murder trial, the court overruled counsel’s objection to a proposed jury and submitted the instruction to the jury, which convicted petitioner. Appellate counsel did not challenge the jury ...

Justia Opinion Summary: Married same-sex couples conceived children through anonymous sperm donation. Their babies were born in Arkansas in 2015. Each couple completed paperwork listing both female spouses as parents. The Department of Health ...

Justia Opinion Summary: Under the Civil Service Reform Act, the Merit Systems Protection Board (MSPB) has the power to review certain personnel actions against federal employees. If an employee asserts rights under the CSRA only, MSPB decisions ...

Justia Opinion Summary: Lee moved to the U.S. from South Korea with his parents when he was 13. For 35 years he never returned to South Korea, nor did he become a U.S. citizen. He is a lawful permanent resident. In 2008, Lee admitted possessing ...

Justia Opinion Summary: The St. Croix River, part of the boundary between Wisconsin and Minnesota, is protected under federal, state, and local law. State and local regulations prevent the use or sale of adjacent riverside lots under common ownership ...

Justia Opinion Summary: Maslenjak is an ethnic Serb who resided in Bosnia during the civil war. In 1998, she and her family sought refugee status in the U.S.. Interviewed under oath, Maslenjak explained that the family feared persecution: Muslims ...

Justia Opinion Summary: When petitioner was tried, the Massachusetts courtroom could not accommodate all potential jurors. During jury selection, a court officer excluded any member of the public who was not a potential juror, including petitioner’s ...

Justia Opinion Summary: Defendants were indicted for the kidnapping, robbery, and murder of Catherine Fuller. The prosecution argued that Fuller was attacked by a large group, producing the testimony of two men who confessed to participating in ...

Justia Opinion Summary: In 1985, Alabama charged McWilliams with rape and murder, one month after the Supreme Court’s decision in Ake v. Oklahoma. Finding McWilliams indigent, the court ordered a psychiatric evaluation. The state convened a commission, ...

Justia Opinion Summary: North Carolina law made it a felony for a registered sex offender “to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain ...

Justia Opinion Summary: The rock group “The Slants,” chose that name to dilute the term’s denigrating force as a derogatory term for Asians. The Patent and Trademark Office (PTO) denied an application for registration of the name under 15 ...

Justia Opinion Summary: Following the September 11 terrorist attacks, the government ordered the detention of hundreds of illegal aliens. Plaintiffs, subsequently removed from the U.S., filed a putative class action against Executive Officials and ...

Justia Opinion Summary: Hutton accused Mitchell and Simmons of stealing a sewing machine in which he had hidden $750. On September 16, 1985, Hutton drove the two around, pointing a gun. Hutton recovered the machine. Simmons survived two gunshot ...

Justia Opinion Summary: Plaintiffs, most of whom are not California residents, sued BMS in California state court, alleging that the pharmaceutical company’s drug Plavix had damaged their health. BMS is incorporated in Delaware and headquartered ...

Justia Opinion Summary: The Fair Debt Collection Practices Act authorizes private lawsuits and fines against “debt collector[s],” defined as anyone who “regularly collects or attempts to collect . . . debts owed or due . . . another,” 15 ...

Justia Opinion Summary: In 1999, LeBlanc, then age 16, raped a 62- year-old woman. In 2003, a state trial court sentenced him to life in prison. Virginia had abolished traditional “parole” for felony offenders and enacted its “geriatric release” ...

Justia Opinion Summary: The owners of Microsoft’s videogame console, Xbox 360, filed a putative class action alleging a design defect. The district court struck class allegations from the complaint. The Ninth Circuit denied permission to appeal ...

Justia Opinion Summary: The Immigration and Nationality Act, 8 U.S.C. 1401(a)(7), provides a path to citizenship for a child born abroad if the child’s U.S.-citizen parent has 10 years’ physical presence in the U.S. before the child’s birth, ...

Justia Opinion Summary: The Biologics Price Competition and Innovation Act, concerning FDA approval of a drug that is biosimilar to an already-licensed biological “reference product,” 42 U.S.C. 262(k), treats submission of a biosimilar application ...

Justia Opinion Summary: The Employee Retirement Income Security Act (ERISA) obligates private employers offering pension plans to adhere to rules designed to ensure plan solvency and protect plan participants, 29 U.S.C. 1003(b)(2). ERISA exempts ...

Justia Opinion Summary: Sherman paid $2.7 million for land in Chester, New York, then sought approval of his development plan. Years later, he filed a regulatory takings suit. Laroe moved to intervene under FRCP 24(a)(2), which requires a court ...

Justia Opinion Summary: In the 1970s, federal district courts began ordering disgorgement in Securities and Exchange Commission enforcement proceedings. The Commission may also seek monetary civil penalties; 28 U.S.C. 2462 establishes a five-year ...

Justia Opinion Summary: Terry managed sales and inventory for a Tennessee hardware store owned by his brother, Tony. They were indicted for federal drug crimes including conspiracy to distribute a product used in methamphetamine production. The ...

Justia Opinion Summary: The North Carolina General Assembly redrew state legislative districts in 2011 to account for population changes revealed by the 2010 census. Plaintiffs alleged that 28 majority-black districts in the new plan were unconstitutional ...

Justia Opinion Summary: Based on alleged work-related injuries, Nelson, a North Dakota resident, and Tyrrell, the administrator of a South Dakota estate, brought Federal Employers’ Liability Act, 45 U.S.C. 51, suits against BNSF Railroad. Neither ...

Justia Opinion Summary: Petitioner, a Mexican citizen and lawful permanent resident of the U.S., pleaded no contest in a California court under a statute criminalizing “unlawful sexual intercourse with a minor who is more than three years younger ...

Justia Opinion Summary: The Los Angeles County Sheriff’s Department had information that a potentially armed and dangerous parolee-at-large had been seen at a certain residence. While others searched the main house, deputies searched the property. ...

Justia Opinion Summary: Lexmark holds patents on the components of toner cartridges that it manufactures and sells. Lexmark allows consumers to buy a cartridge at full price, with no restrictions, or to buy a cartridge at a discount through Lexmark’s ...

Justia Opinion Summary: The patent venue statute, 28 U.S.C. 1400(b), provides that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement ...

Justia Opinion Summary: Water Splash sued Menon, a former employee, in Texas state court. Because Menon resided in Canada, Water Splash obtained permission to effect service by mail. Menon declined to answer or enter an appearance. The trial court ...

Justia Opinion Summary: North Carolina redrew Congressional Districts 1 and 12 after the 2010 census. Previously, neither district had a majority black voting-age population (BVAP), but both consistently elected candidates preferred by most African-American ...

Justia Opinion Summary: Filing a bankruptcy proof of claim that is obviously time-barred is not a false, deceptive, misleading, unfair, or unconscionable practice under the Fair Debt Collection Practices Act (FDCPA). Midland filed a proof of claim ...

Justia Opinion Summary: Kentucky ruling that authority to bind a principal to arbitration must be explicitly stated in power of attorney violated the Federal Arbitration Act. When the patients moved into Kindred’s nursing home, their relatives ...

Justia Opinion Summary: A state court may not order a veteran to indemnify a divorced spouse for the loss in the spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability ...

Justia Opinion Summary: A case falls within the scope of the Foreign Sovereign Immunities Act, 28 U.S.C. 1604, “expropriation exception” and may be pursued against a foreign state in U.S. federal courts only if the property in which the party ...

Justia Opinion Summary: A city is an “aggrieved person,” authorized to bring suit under the Fair Housing Act (FHA), according to the Supreme Court. The City of Miami sued Bank of America and Wells Fargo, alleging violations of the FHA prohibition ...

Justia Opinion Summary: The Lewises, driving on a Connecticut interstate, were struck by a vehicle driven by Clarke, a Tribal Gaming Authority employee, who was transporting Mohegan Sun Casino patrons. The Lewises sued Clarke in his individual capacity. ...

Justia Opinion Summary: After agents found child pornography on petitioner’s computer, he pleaded guilty to possessing a visual depiction of a minor engaging in sexually explicit conduct (18 U.S.C. 2252(a)(4)(B) and (b)(2)), an offense requiring ...

Justia Opinion Summary: Nelson, convicted of felonies and misdemeanors arising from the alleged abuse of her children, was sentenced to prison and ordered to pay $8,192.50 in court costs, fees, and restitution. Nelson’s conviction was reversed; ...

Justia Opinion Summary: The Federal Employees Health Benefits Act (FEHBA) authorizes the Office of Personnel Management to contract with private carriers for federal employees’ health insurance; 5 U.S.C. 8902(m)(1) states that the “terms of ...

Justia Opinion Summary: The Haegers sued Goodyear, alleging that the failure of a Goodyear G159 tire caused their motorhome to swerve and flip over. After years of contentious discovery, marked by Goodyear’s slow response to repeated requests ...

Justia Opinion Summary: Ochoa worked in a physically demanding job for McLane, which requires new employees in such positions and those returning from medical leave to take a physical evaluation. When Ochoa returned from three months of maternity ...

Justia Opinion Summary: Dean and his brother committed two robberies; Dean’s brother threatened and assaulted the victim with a gun, while Dean searched for valuables. Dean was convicted of multiple robbery and firearms counts, and two counts ...

Justia Opinion Summary: Businesses challenged New York General Business Law section 518, which provides that “[n]o seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, check, ...

Justia Opinion Summary: Moore was convicted of capital murder and sentenced to death for shooting a clerk during a robbery that occurred when Moore was 20 years old. A state habeas court determined that, under Supreme Court precedent, Moore was ...

Justia Opinion Summary: The “pictorial, graphic, or sculptural features” of a “design of a useful article” are eligible for copyright protection as artistic works if those features “can be identified separately from, and are capable of ...

Justia Opinion Summary: The Individuals with Disabilities Education Act (IDEA) offers states federal funds to provide every eligible child a “free appropriate public education” (FAPE), by means of an “individualized education program” (IEP). ...

Justia Opinion Summary: Jevic filed for Chapter 11 bankruptcy after its purchase in a leveraged buyout. Former Jevic drivers were awarded a judgment for violations of state and federal Worker Adjustment and Retraining Notification (WARN) Acts, part ...

Justia Opinion Summary: The Constitution requires that the President obtain “the Advice and Consent of the Senate” before appointing “Officers of the United States” (PAS officers). The Federal Vacancies Reform Act of 1998 (FVRA), section ...

Justia Opinion Summary: During a traffic stop, officers searched Manuel and found a vitamin bottle containing pills. Suspecting the pills were illegal drugs, officers conducted a field test, which came back negative for any controlled substance. ...

Justia Opinion Summary: In 2003, SCA notified First Quality that its adult incontinence products infringed an SCA patent. First Quality responded that its patent antedated SCA’s patent and made it invalid. In 2004, SCA sought reexamination of ...

Justia Opinion Summary: A Nevada jury convicted Rippo of first-degree murder and other offenses and sentenced him to death. During his trial, Rippo received information that the judge was the target of a federal bribery probe, and he surmised that ...

Justia Opinion Summary: Beckles was convicted of possession of a firearm by a convicted felon, 18 U.S.C. 922(g)(1). The court imposed a “career offender” sentencing enhancement under U.S.S.G. 4B1.1(a), finding that his offense qualified as ...

Justia Opinion Summary: A Colorado jury convicted Peña-Rodriguez of harassment and unlawful sexual contact. Following the jury’s discharge, two jurors told defense counsel that, during deliberations, Juror H.C. had expressed anti-Hispanic bias ...

Justia Opinion Summary: After the 2010 census, the Virginia Legislature drew new lines for 12 state legislative districts, to ensure that each district would have a black voting-age population of at least 55%. Voters challenged the redistricting ...

Justia Opinion Summary: Buck was convicted of murder; under Texas law, the jury could impose a death sentence only if it found unanimously, beyond a reasonable doubt, that Buck was likely to commit future acts of violence. Buck’s attorney called ...

Justia Opinion Summary: The Individuals with Disabilities Education Act (IDEA) provides federal funds to states for furnishing a “free appropriate public education” (FAPE) to children with disabilities, 20 U.S.C. 1412(a)(1)(A), and establishes ...

Justia Opinion Summary: Promega sublicensed a patent, which claims a toolkit for genetic testing, to Life Technologies for the manufacture and sale of kits for use in licensed law enforcement fields worldwide. One of the kit’s five components, ...

Justia Opinion Summary: The Federal National Mortgage Association (Fannie Mae) is a federally-chartered corporation that participates in the secondary mortgage market, with authority “to sue and to be sued, and to complain and to defend, in any ...

Justia Opinion Summary: Two women called 911 to report Daniel as a “‘drunk driver’” on a highway near Santa Fe, then followed Daniel with their bright lights on. Daniel, feeling threatened, pulled over at an off-ramp to confront them. After ...