Scotuscast

On December 4, 2018, the Supreme Court heard argument in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. This case arose out of a dispute over the validity of a patent covering a product used to reduce the likelihood of chemotherapy-induced nausea and vomiting. At issue in this case is whether agreements entered into by Helsinn more than one year prior to filing for patent protection put the invention “on sale” and thus would invalidate the patent. Although the meaning of “on sale” in the Patent Act was long believed to be settled, the 2011 America Invents Act (AIA) made changes to the statutory provisions that include the “on sale” bar. The question for the Supreme Court is whether these changes to the statute change the previous understanding of the term “on sale.”In April 2001, Helsinn entered into two agreements with MGI Pharma. Although these agreements were announced in a press release, specific information about the products, like dosing form

On November 28, 2018, the Supreme Court heard argument in Timbs v. Indiana, a case involving the Eighth Amendment’s excessive fines clause, the Fourteenth Amendment, and the concept of “incorporation” against the states.In May 2013, Tyson Timbs was apprehended en route to a controlled drug purchase, having previously purchased about $400 worth of heroin from undercover police officers. He ultimately pled guilty to felony counts of drug dealing and conspiracy to commit theft, and was sentenced to six years of imprisonment (with five suspended to probation). Timbs also had to pay roughly $1,200 in police costs and related fees. The State of Indiana then sought forfeiture of Timbs’ Land Rover, which he had used $42,000 of his late father’s life insurance proceeds to purchase, but had driven to buy and transport heroin. Lower courts ordered the vehicle released to Timbs, concluding that forfeiture of the Land Rover would impose an excessive fine in violation of the U.S. Constituti

On October 9, 2018, the Supreme Court heard arguments in Stokeling v. United States and the consolidated cases United States v. Stitt and United States v. Sims, all disputes that involve 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. In determining whether any given predicate felony conviction qualifies as “violent,” federal courts 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.In Stokeling v. United States, the U.S. Court of Appeals for the Eleventh Circuit held that Stokeling’s Florida conviction for “robbery by sudden snatching” cate

On October 31, 2018, the Supreme Court heard argument in Jam v. International Finance Corporation, a case involving the scope of the International Organizations Immunities Act.The International Finance Group (IFC) is an international organization which provides loans to projects in developing countries that do not have the necessary private capital for projects. Under the International Organizations Immunities Act (IOIA), the IFC is an organization designated to “enjoy the same immunity from suit … as is enjoyed by foreign governments, except to the extent that such organizations may expressly waive their immunity for the purpose of any proceedings or by the terms of any contract.” The IFC funded the construction of the Tata Mundra Power Plant in Gujarat, India, with a proviso that the plant had to follow an Environmental and Social Action Plan to protect the surrounding community; failure to follow the Plan would result in a loss of financial support. The power plant did not follow the Pla

On October 10, 2018, the Supreme Court heard argument in Nielsen v. Preap, a case involving the exemption of a criminal alien from mandatory detention without bond due to a delay in arrest after release from criminal custody. As codified, § 1226(c) of the Immigration and Naturalization Act (“INA”) provides for the mandatory detention of criminal aliens “when [they are] released” from criminal custody, and for the holding of these aliens without bond. The three plaintiffs in this case are lawful permanent residents who have committed crimes that could lead to their removal from the United States but after serving their criminal sentence were released and returned to their families and communities in the United States; however, years later, each was arrested by immigration authorities and detained without bond hearings under § 1226(c). The plaintiffs filed a class action petition for habeas relief in district court arguing that since they were not detained “when...release

On June 27, 2018, the Supreme Court decided Janus v. American Federation of State, County, and Municipal Employees, Council 31, a case considering the forced subsidizing of unions by public employees, even if they choose not to join the union or strongly disagree with many positions the union takes in collective bargaining. Under Illinois law, public employees are permitted to unionize; and if a majority of employees in a particular bargaining union vote to unionize, then that union is designated as the exclusive representative of all the employees in collective bargaining, even those members who choose not to join the union. Non-members are required to pay an “agency fee,” which is a percentage of the full union dues and covers union expenses “germane” to the union’s collective bargaining activities, but cannot cover any political or ideological projects sponsored by the union. Mark Janus works at the Illinois Department of Healthcare and Family Services. The employees in his un

On June 18, 2018, the Supreme Court decided Lozman v. City of Riviera Beach, FL, a case involving a claim of retaliatory arrest in violation of the First Amendment. Fane Lozman moved to Riviera Beach, FL in 2006, where he lived on a floating home in the Riviera Beach Marina--a part of the city designated for redevelopment under the City’s new redevelopment plan that would use eminent domain to revitalize the waterfront. After hearing news of the plan, Lozman became an “outspoken critic,” and filed suit against the City in June 2006 after a special City Council emergency meeting to push through the redevelopment plan before the Governor of Florida signed a bill into law that would prohibit the use of eminent domain for private development. Later at a public City Council meeting in November 2006, Lozman began to discuss the arrest of a former county official during the public comments portion of the meeting. He was interrupted by a member of the City Council, who, after exchanging words with

On June 11, 2018, the Supreme Court decided Washington v. United States, a case considering off-reservation fishing rights of multiple Native American Tribes in the State of Washington. The 1854-1855 Stevens Treaties were a series of treaties between several Native American Tribes and the State of Washington. As part of these treaties, the Tribes relinquished land, watersheds, and offshore waters adjacent to a particular area, “Case Area,” in exchange for guaranteed off-reservation fishing rights. In 2001, twenty-one tribes and the United States complained in federal district court that the State had been building and maintaining culverts that impeded the transit of mature and juvenile salmon between the sea and their spawning grounds. In 2007, the district court issued an injunction requiring the State to correct these culverts, and the U.S. Court of Appeals for the Ninth Circuit affirmed.The Supreme Court granted certiorari to address (1) whether a treaty “right of taking fish, at all us

On June 18, 2018, the Supreme Court decided Gill v. Whitford, a case considering claims of partisan gerrymandering. In Wisconsin’s 2010 elections, Republicans won the governorship and acquired control of the state senate. In 2011, pursuant to the state constitution’s requirement that the legislature must redraw the boundaries of its districts following each census, the Wisconsin legislature adopted a redistricting plan, Act 43, for state legislative districts. With Act 43 in effect Republicans expanded their legislative control in subsequent elections, reportedly winning 60 of 99 seats in the State Assembly with 48.6% of the statewide two-party vote in 2012, and 63 of 99 seats with 52% of the statewide two-party vote in 2014. In 2015 twelve Wisconsin voters sued in federal court, alleging that Act 43 constituted a statewide partisan gerrymander in violation of the First and Fourteenth Amendments to the U.S. Constitution. Defendants’ motions to dismiss and for summary judgment were denied, an

On May 14, 2018, the Supreme Court decided McCoy v. Louisiana, a case considering whether defense counsel may--against the defendant’s express wishes--concede his client’s guilt in an effort to avoid the death penalty.In 2008, Robert McCoy was indicted on three counts of first-degree murder for the deaths of the mother, stepfather, and son of his estranged wife. McCoy pleaded not guilty, maintaining that he was out of state at the time of the murder. In 2010, his relationship with the court-appointed public defender broke down, and in March 2010 Larry English became McCoy’s defense attorney. English concluded that the evidence against McCoy was overwhelming and told McCoy that he would concede McCoy’s guilt in an effort to avoid the death penalty; McCoy adamantly opposed English’s strategy. At trial, English nevertheless indicated repeatedly to the jury that McCoy had caused the victims’ deaths and pleaded for mercy. McCoy protested unsuccessfully to the trial judge and w

On May 14, 2018, the Supreme Court decided Murphy v. NCAA, a case involving a conflict between state-authorized sports gambling and a federal statute: the Professional and Amateur Sports Protection Act of 1992 (PASPA). PASPA prohibits state-sanctioned gambling with respect to amateur and professional sporting events. Among other things, the statute allows sports leagues whose events are the subject of betting schemes to bring an action to enjoin any gambling. PASPA did except certain states from its prohibitions, including New Jersey--but only if New Jersey established its sports gambling scheme within one year of PASPA’s enactment. New Jersey did not do so, and in fact prohibited sports gambling until a 2011 referendum amended the state constitution to allow it.Thereafter, New Jersey enacted the 2012 Sports Wagering Act, which created a government-regulated sports betting scheme. Invoking PASPA, five sports leagues sued to enjoin the 2012 law. New Jersey countered that PASPA was unconstitutional unde

On April 24, 2018, the Supreme Court decided Jesner v. Arab Bank, PLC, a case considering whether corporations may be sued under the Alien Tort Statute (ATS).Between 2004 and 2010, survivors of several terrorist attacks in the Middle East (or family members or estate representatives of the victims) filed lawsuits in federal district court in New York against Arab Bank, PLC, an international bank headquartered in Jordan. Plaintiffs alleged that Arab Bank had financed and facilitated the attacks in question, and they sought redress under, among other laws, the Alien Tort Statute (ATS). The district court ultimately dismissed those ATS claims based on the 2010 decision of the U.S. Court of Appeals for the Second Circuit in Kiobel v. Royal Dutch Petroleum Co. (“Kiobel I”) which concluded that ATS claims could not be brought against corporations, because the law of nations did not recognize corporate liability. The U.S. Supreme Court later affirmed the judgment in Kiobel (“Kiobel II”) but

On April 17, 2018, the Supreme Court decided Wilson v. Sellers, a case involving the standard federal courts should use to analyze a state appellate court’s summary denial of habeas relief when applying federal habeas law. In 1996, Marion Wilson was convicted of murder and sentenced to death, and both his conviction and sentence were confirmed on direct appeal. Wilson then sought habeas relief in state superior court, claiming that his trial counsel offered ineffective assistance in investigating mitigation evidence for purposes of sentencing. The superior court denied habeas relief, concluding that any new evidence was cumulative of evidence presented at triall as well as inadmissible, and likely would not have changed the outcome. In a one-sentence order the Georgia Supreme Court summarily denied Wilson’s subsequent application for a certificate of probable cause to appeal. Wilson then filed a habeas petition in federal district court, which also denied relief. Even assuming Wilson’s cou

On March 5, 2018, the Supreme Court decided U.S. Bank National Association v. Village at Lakeridge, LLC, a case involving how appellate courts should review a lower court’s determination that a person related in some way to a bankruptcy debtor is an “insider”--and therefore subject to special restrictions that the federal Bankruptcy Code imposes on insiders. In 2011, the Village at Lakeridge (“Lakeridge”) filed for Chapter 11 bankruptcy, which seeks to facilitate a reorganization that allows the debtor to maintain viability while restructuring debts. At the time, Lakeridge owed millions of dollars to its owner MBP Equity Partners (“MBP”), as well as to U.S. Bank. Lakeridge’s proposed reorganization plan placed both creditors in separate classes and would have impaired their interests. U.S. Bank objected, which precluded a consensual plan, but under the Code MBP’s status as an “insider”--being the owner of Lakeridge--meant that MBP could not pro

On February 27, 2018 the Supreme Court decided Jennings v. Rodriguez, a case involving a lawsuit by aliens challenging their continued detention under civil immigration statutes without the benefit of an individualized bond hearing as to the justification for ongoing detention.Alejandro Rodriguez, a Mexican citizen and legal permanent resident of the United States, was convicted of a drug offense and vehicular theft, and ordered removed from the country. He was detained under 8 U.S.C. § 1226, which generally requires detention of aliens convicted of certain criminal offenses until removal proceedings are resolved. In addition to challenging his removal order, however, Rodriguez also sought habeas relief in federal court in the form of a bond hearing to determine whether his continued detention was justified. His case was consolidated with a related case, and after a round of litigation in the U.S. Court of Appeals for the Ninth Circuit, was certified as a class to address whether aliens in situations li

On April 2, 2018, the Supreme Court decided Encino Motorcars v. Navarro, a case on its second trip to the high court regarding a dispute over the interpretation of the Fair Labor Standard Act’s overtime-pay requirements and whether it exempts service advisors at car dealerships.Congress enacted the Fair Labor Standards Act (FLSA) in 1938 to “protect all covered workers from substandard wages and oppressive working hours,” and it requires overtime pay for employees covered under the Act who work more than 40 hours in a given week. The FLSA exempts from this requirement, however, “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers….” Hector Navarro and other service advisors filed suit against their employer Encino Motorcars, alleging that it violated the FLSA

On April 16, 2018, the Supreme Court heard argument in WesternGeco, LLC v. ION Geophysical Corporation, a case that the Court again took up after having remanded it to the U.S. Court of Appeals for the Federal Circuit for reconsideration in light of the Supreme Court’s 2016 decision Halo Electronics, Inc. v. Pulse Electronics, Inc. In 2015, WesternGeco sued ION for patent infringement. The jury found in favor of WesternGeco, awarding it $93.4 million in lost profits and a reasonable royalty of $12.5 million. Because the jury also found that ION was “subjectively reckless” in its infringement, WesternGeco petitioned the court for additional damages available under applicable law for “willful” infringement, invoking the then-applicable two-part test set out in the Federal Circuit’s In re Seagate decision, which has both a subjective and an objective component. ION countered by arguing that neither component could be satisfied, and the district court agreed as to the objecti

On March 21, 2018, the Supreme Court heard argument in Upper Skagit Indian Tribe v. Lundgren, a case that considers whether a state court’s exercise of in rem jurisdiction can be blocked by a tribal assertion of sovereign immunity. The Lundgren family owns land in Skagit County, Washington. A barbed wire fence with a gate runs across the southern portion of an adjacent lot, near--but not up against--the edge of the Lundgrens’ lot. Since 1947, however, the Lundgrens have treated that fence as the actual boundary line of their property, maintaining both the fence and the property along the southern side of the fence. In 2013, the Upper Skagit Indian Tribe (“Tribe”) bought the adjacent lot from the previous owner, though the Tribe only became aware of the fence when surveying the property following its purchase. In 2014, the Tribe notified the Lundgrens that the fence did not actually represent the boundary line between the two lots, and asserted ownership rights to the entire propert

On April 2, 2018, the Supreme Court decided Kisela v. Hughes. In 2010, Andrew Kisela, a police officer in Tucson, Arizona, responded to a report of a woman hacking a tree with a kitchen knife before returning into her home. Two other police officers reported to the scene as well. At the scene, another woman, Sharon Chadwick, was standing in the driveway of a nearby house; Hughes re-emerged from her house and walked towards Chadwick. A chain-link fence with a locked gate separated the officers from Hughes and Chadwick. The officers told Hughes to drop the knife, but she did not acknowledge the officers’ presence nor did she put down the knife. Kisela then shot Hughes from behind the fence, and the three officers jumped the fence and called paramedics who transported Hughes to the hospital to be treated for non-life-threatening injuries. At the time of the incident, all three officers believed Hughes to be a threat to Chadwick. It was later revealed that Chadwick was Hughes’s roommate and that Hughe

On January 22, 2018, the Supreme Court decided Artis v. District of Columbia, a case concerning the scope of the tolling language contained in the federal supplemental jurisdiction statute, 28 U.S.C. § 1367(d). When a federal court dismisses the only claim serving as the basis for its exercise of jurisdiction, it ordinarily also dismisses (without resolving) any related non-federal claims that were part of the same case or controversy. Should the plaintiff wish to refile and pursue those claims in state court, questions may arise as to how any applicable statutes of limitations would apply. The language of § 1367(d) provides that such statutes of limitations “shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.” In 2011, Stephanie Artis filed suit against DC in federal district court alleging unlawful termination in violation of Title VII of the Civil Rights Act of 1964, along with various o