Scotuscast

On January 15, 2019, the Supreme Court decided Stokeling v. United States, a case considering whether Florida’s robbery law, which requires victim resistance that is then overcome by the physical force of the offender, qualifies as a “violent felony” under the Armed Career Criminal Act (ACCA). ACCA imposes a 15-year mandatory minimum prison sentence on any federal firearms offender who has three or more convictions for a “violent” felony or serious drug offense. In determining whether any given predicate felony conviction qualifies as “violent,” federal courts typically apply a “categorical” approach that looks only to the elements of the predicate offense and not the underlying facts. If the elements include “the use, attempted use, or threatened use of physical force against the person or property of another,” the conviction qualifies as a violent felony. The issue here was whether Stokeling’s Florida conviction for robbery categorical

On June 21, 2019, the Supreme Court decided North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, a case considering the ability of states to tax trust income for in-state beneficiaries even when these beneficiaries do not receive any distributions. About thirty years ago, Joseph Lee Rice II formed a trust for the benefit of his children and their families. The trust was formed in New York State and governed by New York law, as well as administered by a trustee who is a New York resident. Kimberley Rice Kaestner moved to North Carolina in 1997 and claimed residency from 2005-2008. After the move, the trustee opted to divide Rice’s initial trust into three separate subtrusts while still maintaining control of all three trusts. The trust at issue in this case is the Kimberley Rice Kaestner 1992 Family Trust (“Kaestner Trust”), which North Carolina sought to tax on the grounds that it “is for the benefit of” North Carolina residents. North Carolina t

On April 29, 2019, the Supreme Court decided Thacker v. Tennessee Valley Authority, a case involving a dispute over the “discretionary-function exception” to waivers of federal sovereign immunity.In 2013, Anthony Szozda and Gary and Venida Thacker were participating in a fishing tournament on the Tennessee River. The Tennessee Valley Authority (TVA) had a crew near the river, trying to raise a downed power line that had partially fallen into the river instead of crossing over it. The crew attempted to lift the conductor out of the water concurrent with Szozda and the Thackers passing through the river at a high rate of speed. The conductor struck both Thacker and Szozda, causing serious injury to Gary Thacker and killing Szozda. The Thackers sued TVA for negligence. The district court dismissed their complaint for lack of subject-matter jurisdiction. On appeal, the US Court of Appeals for the Eleventh Circuit affirmed that judgment. Although the act creating the TVA waives sovereign immunity fro

On March 26, 2019, the Supreme Court heard argument in Rucho v. Common Cause and Benisek v. Lamone, two cases involving gerrymandering.Rucho v. Common Cause involves whether North Carolina’s 2016 congressional map involves unconstitutional gerrymandering in violation of the Equal Protection Clause of the Fourteenth Amendment, the First Amendment, and Article I. In March 2017, a three-judge district court ruled that North Carolina’s 2016 Congressional Redistricting Plan constituted unconstitutional gerrymandering because the state General Assembly improperly relied on “political data” to draw districts to increase the number of Republicans in North Carolina’s congressional delegation. The court ordered new maps to be drawn for use in future elections. Following the court’s instructions, the General Assembly drew a new congressional district plan according to criteria identified by the Joint Select Committee on Redistricting. One such criterion was “partisan advantage,&

On April 23, 2019, just one week after argument, the Supreme Court decided Emulex Corp. v. Varjabedian, a case involving a circuit split regarding Section 14(e) of the Securities Exchange Act of 1934 and whether it supports an inferred private right of action based on negligence or scienter. Emulex Corp. is a computer component seller that entered into a merger agreement with Avago Technologies Wireless Manufacturing. In the merger agreement, Avago offered to pay $8 per share, which reflected a premium of 26.4% on the price of Emulex stock the day before the merger was announced. Emulex filed with the Commission a public recommendation statement supporting the tender offer, recommending that Emulex shareholders tender their shares and noting that that Emulex shareholders would receive a premium on their stock. The statement also included a summary of a “fairness opinion” generated by Goldman Sachs, indicating its view that the tender offer was fair to shareholders. Omitted from the recommendation

On January 8, 2019, the Supreme Court decided Henry Schein Inc. v. Archer and White Sales Inc., a case involving the “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator. Archer and White Sales is a dental distributor that entered into a business agreement with Pelton and Crane, a dental equipment manufacturer. Henry Schein, Inc. is the successor-in-interest to Pelton and Crane. The business relationship grew tense, and White Sales sued Henry Schein, alleging violations of federal and state antitrust law, seeking monetary and injunctive relief. The contract provided for arbitration of any dispute, except for certain actions seeking injunctive relief. Schein asked the court to refer the matter to arbitration, but Archer and White contended that the matter was not arbitrable because it sought injunctive relief. Schein argued that an arbitrator should decide that question. The district court sided with Ar

On February 26, 2019, the Supreme Court decided Nutraceutical Corp. v. Lambert, a case considering whether Federal Rule of Civil Procedure 23(f), which imposes a 14-day deadline for appealing from a grant or denial of class-action certification, is subject to equitable tolling. Troy Lambert filed a class action lawsuit against Nutraceutical Corp., a drug manufacturer, alleging violations of U.S. Food and Drug Administration requirements and various California consumer protection statutes. The district court initially certified the class action, but following reassignment of the case to a new judge and discovery raising concerns about Lambert’s classwide damages model, Nutraceutical moved to decertify the class and the district court granted the motion on February 20, 2015. Under Rule 23(f), Lambert had fourteen days from the date the motion was granted to seek permission in the Court of Appeals to appeal the order. Lambert indicated on March 2 that he intended to file a motion for reconsideration, but

On March 18, 2019, the Supreme Court heard argument in Virginia House of Delegates v. Bethune-Hill, a case considering racial gerrymandering claims in the the redistricting of Virginia House of Delegates districts. In 2011, the Virginia House of Delegates redrew the 100 Virginia House of Delegates districts. Under the plan, each district was required to have 80,000 residents. Under the 2001 plan, there were twelve districts with a majority black voting age population (BVAP). These districts did not meet the 80,000 resident requirement for the 2011 plan, which meant that “any new plan required moving significant numbers of new voters into these districts in order to comply with the principle one person, one vote.” Title 52 U.S.C. § 10304--section 5 of the Voting Rights Act (VRA)--required that any new plan not “diminish the number of districts in which minority groups can ‘elect their preferred candidates of choice.’” To ensure that at least twelve districts remained,

On March 25, 2019, the Supreme Court heard argument in The Dutra Group v. Batterton, a case considering whether punitive damages may be awarded in a general maritime action for unseaworthiness. Christopher Batterton was a deckhand on a ship owned by the Dutra Group. In the course of Batterton's work, a hatch cover that covered a compartment storing pressurized air blew open and crushed Batterton’s left hand. The hatch cover allegedly blew because of the ship's lack of a mechanism for exhausting over-pressurized air. Batterton was permanently disabled because of the injury. He brought suit against Dutra Group in federal district court in California, seeking (among other things) punitive damages for unseaworthiness.Dutra Group moved to dismiss the claim for punitive damages, arguing that although the U.S. Court of Appeals for the Ninth Circuit had allowed such damages in its 1987 decision Evich v. Morris, that precedent had been implicitly overruled by the Supreme Court's 1990 decision in Miles v. Apex M

On March 19, 2019, the Supreme Court decided Washington State Department of Licensing v. Cougar Den, Inc., a case involving the 1855 Treaty between the United States and the Yakama Nation of Indians, and whether the “right to travel” granted within the treaty preempts the state’s fuel tax on the importation of fuel. Cougar Den, Inc. is a wholesale fuel importer that is owned by a member of the Yakama Nation. Cougar Den imports fuel from Oregon via Washington public highways to the Yakama Reservation where it is sold to Yakama-owned gas stations within the reservation. In 2013, the Washington State Department of Licensing, because Cougar Den imports the gas by using Washington public highways, assessed the importer $3.6 million in taxes, penalties, and licensing fees. Cougar Den appealed to the Washington Superior Court, claiming that the 1855 Treaty between the United States and the Yakama Nation preempts this tax, since it reserves, among other things, the “right, in common with citiz

On March 4, 2019, the Supreme Court decided Rimini Street Inc v. Oracle USA Inc., a case involving the scope of a federal district court’s ability to award “full costs” to a party in a copyright dispute according to 28 U. S. C. §§ 1821 and 1920.Oracle sued Rimini Street for copyright infringement in federal district court and won a multimillion dollar jury award. After judgment, the District Court ordered Rimini Street to pay Oracle $12.8 million for litigation expenses such as expert witnesses, e-discovery, and jury consulting. On appeal the U.S. Court of Appeals for the NInth Circuit rejected Rimini’s challenge to this award of costs. Although some of the expenses did not fit within the categories of costs authorized by the general federal statute applicable to such awards--28 U. S. C. §§ 1821 and 1920--the Ninth Circuit relied on language in the Copyright Act at 17 U. S. C. § 505, which gives federal district courts discretion to award “full costs&rd

On March 4, 2019, the Supreme Court decided Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case involving a split among the Courts of Appeals regarding when a copyright owner may initiate a suit for infringement in federal court.Fourth Estate Public Benefit Corp. is an online news organization that licenses articles to different websites but retains the copyright to those articles. Wall-Street.com and Fourth Estate entered into a license agreement for a number of articles written by Fourth Estate. As part of the agreement, Wall-Street.com was required to remove all Fourth Estate content from its website before cancelling its account. Wall-Street cancelled its account but continued to display Fourth Estate articles, and Fourth Estate filed suit for copyright infringement against Wall-Street.com and its owner in federal district court. At the time Fourth Estate filed suit, it had submitted applications with the Registrar of Copyrights, but the Registrar had not yet acted upon them.Wall-Street.com move

On February 20, 2019, the Supreme Court decided Timbs v. Indiana, a case involving the incorporation of the Eighth Amendment’s excessive fines clause against the States.Following his arrest en route to a controlled drug purchase after having previously purchased about $400 worth of heroin from undercover police officers, Tyson Timbs pled guilty to felony counts of drug dealing and conspiracy to commit theft, and was sentenced to a year of home detention and several years of probation, plus roughly $1,200 in police costs and related fees. In addition, the State of Indiana sought forfeiture of Timbs’ Land Rover, which he had purchased using $42,000 of his late father’s life insurance proceeds. Indiana claimed that it could seize the car because it had been driven to buy and transport heroin, even though the car was worth more than four times the maximum fine permitted for Timbs’ drug conviction. The Supreme Court of Indiana upheld the forfeiture against an Eighth Amendment challenge on

On January 9, 2019, the Supreme Court heard argument in Franchise Tax Board of California v. Hyatt, a case considering whether one state may, without its consent, be sued by a private citizen in another state’s courts.In the 1990s, Gilbert Hyatt moved from California to Nevada. Following an investigation and audit, however, the Franchise Tax Board of California (FTB) claimed that he had misstated the date of his move and therefore owed California millions in unpaid taxes, penalties and interest. Hyatt then brought a tort suit against FTB, which is a California state agency, in Nevada state court--and won a jury verdict of nearly $500 million. Although the Nevada Supreme Court set aside much of the award on appeal, it nevertheless affirmed an award of $1 million for fraud--even though a Nevada statute would have capped such damages in a similar suit against Nevada officials at $50,000. Nevada’s interest in providing adequate redress to its own citizens, the court concluded, superseded the applic

On November 27, 2018, the Supreme Court heard argument in Carpenter v. Murphy, a case considering the 1866 territorial boundaries of the Creek Nations and Indian country jurisdiction. In 1999, Patrick Murphy, a member of the Muscogee (Creek) Nation confessed to the killing of George Jacobs. The State of Oklahoma charged him with murder and he was convicted in state court, receiving the death penalty. In 2004, Murphy sought post-conviction relief in federal district court, arguing that the Oklahoma state courts had lacked jurisdiction because the federal Major Crimes Act requires that a member of an Indian Nation alleged to have committed murder in Indian territory be tried in federal court. The Oklahoma Court of Criminal Appeals rejected this argument, concluding Murphy had not shown that the site of the murder fell within Indian territory.Murphy thereafter sought habeas relief in federal district court, again raising his jurisdictional challenge (among other claims). The district court rejected his argument

On January 14, 2019, the Supreme Court heard argument in Thacker v. Tennessee Valley Authority, a case involving a dispute over the “discretionary-function exception” to waivers of federal sovereign immunity.In 2013, Anthony Szozda and Gary and Venida Thacker were participating in a fishing tournament on the Tennessee River. The Tennessee Valley Authority (TVA) had a crew near the river, trying to raise a downed power line that had partially fallen into the river instead of crossing over it. The crew attempted to lift the conductor out of the water concurrent with Szozda and the Thackers passing through the river at a high rate of speed. The conductor struck both Thacker and Szozda, causing serious injury to Thacker and killing Szozda. The Thackers sued TVA for negligence. The district court dismissed the Thackers’ complaint for lack of subject-matter jurisdiction. On appeal, the US Court of Appeals for the Eleventh Circuit affirmed that judgment. Although the act creating the TVA waives s

On January 8, 2019, the Supreme Court heard argument in Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case considering whether a copyright owner may sue for infringement in federal court after merely applying for registration of the copyright, or whether the Registrar of Copyrights must first act on the application.Fourth Estate Public Benefit Corp. is an online news organization that licenses articles to different websites but retains the copyright to those articles. Wall-Street.com and Fourth Estate entered into a license agreement for a number of articles written by Fourth Estate. As part of the agreement, Wall-Street was required to remove all Fourth Estate content from its website before cancelling its account. When Wall-Street cancelled its account but continued to display Fourth Estate articles, Fourth Estate filed suit for copyright infringement against Wall-Street and its owner in federal district court. The defendants moved to dismiss, arguing that the Copyright Act permits an infringemen

On December 10, 2018, the Supreme Court decided the consolidated cases United States v. Stitt and United States v. Sims, both concerning the federal Armed Career Criminal Act (ACCA).ACCA imposes a 15-year mandatory minimum prison sentence on any federal firearms offender who has three or more convictions for a “violent” felony or serious drug offense. “Burglary” qualifies as a violent felony under ACCA, but the statute applies a “generic” understanding of burglary that may be narrower than some state burglary offenses. A prior state conviction does not qualify as burglary under ACCA if the elements of the state statute are broader than those of generic burglary, namely: an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.Here, both defendants persuaded federal courts of appeals--the Sixth Circuit for Stitt and the Eighth Circuit for Sims--that their sentences were improperly enhanced because predicate burgl

On November 26, 2018, the Supreme Court heard argument in Nieves v. Bartlett, a case considering the merit of retaliatory arrest claims in the presence of probable cause for arrest.In 2014, Russell Bartlett was arrested by two police officers, Sergeant Nieves and Trooper Weight, during an outdoor party that was part of the annual “Arctic Man” festival held in Alaska’s Hoodoo Mountains. Bartlett, who appeared intoxicated, approached Trooper Weight, who had been speaking to a minor regarding suspected underage drinking, and loudly demanded that Weight stop. When Trooper Weight pushed Bartlett back to create space between the two men, Nieves, who had observed the contact, ran over and a struggle ensued. The officers subdued and arrested Bartlett, who was later released from detention without injury. Although the state ultimately declined to prosecute Bartlett on charges of disorderly conduct and resisting arrest, the prosecutor indicated his belief in the existence of probable cause for that

On November 27, 2018, the Supreme Court heard argument in Nutraceutical Corp. v. Lambert, a case considering whether Federal Rule of Civil Procedure 23(f), which imposes a 14-day deadline for appealing from a grant or denial of class-action certification, can be equitably tolled. Troy Lambert bought a dietary supplement that claimed to be an aphrodisiac containing sexual performance-enhancing herbs. He thereafter brought a class action in federal district court against the drug’s manufacturer, Nutraceutical Corp., alleging violations of U.S. Food and Drug Administration requirements and various California consumer protection statutes. The district court initially certified the class action, but following reassignment of the case to a new judge and discovery raising concerns about Lambert’s classwide damages model, Nutraceutical moved to decertify the class and the district court granted the motion on February 20, 2015.On March 2, 10 days after the class had been decertified, Lambert informed the