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October Term 2018 (2018–2019)

October Term 2018·78 cases·Page 2

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49–78 of 78 cases · October Term 2018 · by latest update

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StatusCaseDateDocket

DecidedAgencies interpreting their rulesKisor v. WilkieMarine veteran James Kisor sought retroactive disability benefits for service-related PTSD after the Department of Veterans Affairs refused to pay them under its reading of a benefits regulation. The Supreme Court left Auer and Seminole Rock in place, but wiped out the Federal Circuit’s ruling and sent the case back (vacated and remanded) to reconsider the regulation’s meaning.Decided Jun 26, 201918-15 DecidedResidency rules for liquor licensesTennessee Wine and Spirits Retailers Assn. v. ThomasThis case was about a Tennessee law that let people or businesses get retail liquor licenses only if they had lived in the state for a set number of years. The Supreme Court considered whether those residency rules were unconstitutional discrimination against out-of-state businesses or were allowed under the Twenty-first Amendment.Decided Jun 26, 201918-96 DecidedPartisan gerrymanderingLinda H. Lamone, et al., Appellants v. O. John Benisek, et al.The Court held, 5–4, that federal courts cannot decide claims that electoral district maps are unconstitutional partisan gerrymanders because those claims raise political questions without a workable legal standard. The Court vacated the lower court’s rulings for the Maryland voters; Maryland election officials prevailed.Decided Jun 27, 201918-726 DecidedCitizenship question on censusDepartment of Commerce v. New YorkCommerce Secretary Wilbur Ross sought to add a citizenship question to the 2020 census, while New York and other states, cities, and counties argued that it could lower response rates and cause an undercount. The Supreme Court ruled that the Constitution permits asking about citizenship and that Ross’s decision could be reviewed under the Administrative Procedure Act, but it left some lower-court rulings in place, overturned others, and sent the case back for another look (remanded) because his stated reason did not match the evidence.Decided Jun 27, 201918-966 DecidedUnited States v. HaymondThe Supreme Court wiped out the Tenth Circuit’s judgment and sent the case back (vacated and remanded). Justice Gorsuch, joined by Justices Ginsburg, Sotomayor, and Kagan, concluded that applying 18 U.S.C. § 3583(k) to Haymond violated his right to a jury trial; Justice Breyer agreed with the result but wrote separately.Decided Jun 26, 201917-1672 DecidedSecret sales and patentsHelsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc.Helsinn Healthcare’s patent dispute with Teva turned on whether a sale to a buyer bound to keep the invention secret could count as earlier information that defeats a patent (prior art) under the America Invents Act. The Supreme Court agreed with the Federal Circuit (affirmed), leaving its ruling in place.Decided Jan 22, 201917-1229 DecidedAge discrimination by governmentsMount Lemmon Fire Dist. v. GuidoFormer Mount Lemmon Fire District employees John Guido and Dennis Rankin brought age-discrimination claims, raising whether the Age Discrimination in Employment Act’s (ADEA’s) 20-employee minimum for private employers also applied to the district. The Supreme Court agreed with the Ninth Circuit that the ADEA covers state political subdivisions of any size and affirmed its ruling.Decided Nov 6, 201817-587 DecidedProtected habitat on private landWeyerhaeuser Co. v. United States Fish and Wildlife Ser v.Weyerhaeuser challenged the Fish and Wildlife Service’s designation of land as critical habitat for the dusky gopher frog. The Court ruled land must be habitat for the frog and courts may review the Service’s refusal to exclude it over costs; it wiped out the Fifth Circuit ruling (vacated it) and sent the case back (remanded).Decided Nov 27, 201817-71 DecidedMobile-home burglary sentencingUnited States v. StittThe Supreme Court overturned the Sixth Circuit’s ruling in Victor Stitt’s case. It decided that the Armed Career Criminal Act, a federal repeat-offender sentencing law, covers burglary of a vehicle or other structure adapted or commonly used for overnight stays.Decided Dec 10, 201817-765 DecidedSocial Security lawyer fee capCulbertson v. BerryhillLawyer Richard Culbertson challenged the Eleventh Circuit’s rule that Social Security fees for agency and court representation count together toward a 25% cap. The Supreme Court ruled the cap applies only to court representation, overturned the judgment and sent the case back to the lower court (remanded).Decided Jan 8, 201917-773 DecidedWho decides arbitration disputesHenry Schein, Inc. v. Archer & White Sales, Inc.In Henry Schein’s dispute with Archer & White, the Supreme Court ruled that the Federal Arbitration Act does not let a court reject an agreement assigning an arbitrator the question of whether a dispute must be arbitrated merely because the court considers the argument for arbitration baseless. It wiped out the Fifth Circuit’s ruling and sent the case back to that court (vacated and remanded).Decided Jan 8, 201917-1272 DecidedWhen truckers can avoid arbitrationNew Prime Inc. v. OliveiraNew Prime and truck driver Dominic Oliveira disputed whether the Federal Arbitration Act’s exemption for certain work contracts covered Oliveira’s independent-contractor agreement. The Supreme Court ruled that “contracts of employment” includes any agreement to perform work, so Oliveira’s agreement fell within the exemption, and agreed with the First Circuit (affirmed).Decided Jan 15, 201917-340 DecidedClass action appeal deadlinesNutraceutical Corp. v. LambertIn Troy Lambert’s class-action suit against Nutraceutical, the Ninth Circuit allowed an exception to Rule 23(f)’s 14-day deadline for seeking permission to appeal a class-certification order. The Supreme Court ruled that the deadline cannot be extended on fairness grounds (equitable tolling), overturned the Ninth Circuit, and sent the case back to the lower court (remanded).Decided Feb 26, 201917-1094 DecidedCopyright lawsuit costsRimini Street, Inc., et al., Petitioners v. Oracle USA, Inc., et al.In Rimini Street’s copyright case against Oracle, the Supreme Court unanimously ruled that “full costs” means only costs listed in federal law, not extra litigation expenses. It overturned the Ninth Circuit’s ruling on those extra costs in part and sent the case back to the lower court (remanded).Decided Mar 4, 201917-1625 DecidedMisleading takeover statementsEmulex Corp. v. VarjabedianEmulex and Varjabedian disputed whether federal securities law allows an investor to sue over a careless statement or omission connected to a tender offer, as the Ninth Circuit ruled. The Supreme Court ended its review without deciding that question; it dismissed the writ (the order for Supreme Court review) as improvidently granted.Decided Apr 23, 201918-459 DecidedReporting discrimination before suingFort Bend County v. DavisLois Davis’s Title VII religion-discrimination claim did not meet the required charge-filing step, and the dispute was whether that barred a federal court from hearing her claim. The Supreme Court unanimously agreed with the appeals court (affirmed) that the filing step is a procedural rule the employer can give up, not a limit on a federal court’s authority to hear the claim.Decided Jun 3, 201918-525 DecidedFalse statements to investorsLorenzo v. SECThe Supreme Court ruled that sending investors false or misleading statements with intent to defraud can violate federal securities anti-fraud rules, even if the sender did not have final authority over the statements. It upheld the appeals court’s ruling in the SEC’s case against Frank Lorenzo.Decided Mar 27, 201917-1077 DecidedDrug warnings and lawsuitsMerck Sharp & Dohme Corp. v. AlbrechtFosamax users sued Merck over its warning label; Merck said FDA action barred their claims. The Court defined “clear evidence” as Merck fully informing the FDA why state law required the warning and the FDA telling Merck it would not approve it; it wiped out the appeals ruling (vacated it) and sent the case back (remanded), leaving the preemption issue unresolved.Decided May 20, 201917-290 DecidedArrests for criticizing policeNieves v. BartlettProbable cause usually defeats a claim that police arrested someone for protected speech, except when similar people who were not speaking were not arrested. The Court found probable cause for Russell Bartlett’s arrest, rejected his claim, overturned the Ninth Circuit’s ruling, and sent the case back to the lower court (remanded).Decided May 28, 201917-1174 DecidedFake evidence lawsuit deadlinesMcDonough v. SmithRobert McDonough sued under a federal civil-rights law, claiming an official fabricated evidence used against him in criminal proceedings. The Supreme Court ruled that the deadline for his suit began when he was acquitted at his second trial, overturned the Second Circuit’s ruling, and sent the case back to the lower court (remanded).Decided Jun 20, 201918-485 DecidedCross-shaped war memorialsAmerican Legion v. American Humanist Assn.The case challenged the public display of the cross-shaped Bladensburg Peace Cross, a World War I memorial, under the First Amendment. The Supreme Court overturned the Fourth Circuit’s ruling that the memorial was unconstitutional and sent the case back to that court (remanded).Decided Jun 20, 201917-1717 DecidedFCC rules for phone callsPDR Network, LLC v. Carlton Harris Chiropractic, Inc.Carlton & Harris sued PDR Network over whether a free-e-book fax was an unsolicited ad under the Telephone Consumer Protection Act. The Supreme Court wiped out the appeals court’s judgment (vacated it) and sent the case back (remanded) to consider preliminary questions affecting whether the Federal Communications Commission’s order binds courts, without deciding that issue.Decided Jun 20, 201917-1705 DecidedBlood draws without warrantsMitchell v. WisconsinMitchell challenged a warrantless blood test under Wisconsin’s implied-consent law after becoming unconscious during a suspected drunk-driving arrest. The Supreme Court wiped out the Wisconsin Supreme Court’s ruling and sent the case back (vacated and remanded); four justices said the emergency exception generally allows testing when an unconscious driver cannot take a breath test.Decided Jun 27, 201918-6210 DecidedPartisan election mapsRucho v. Common CauseNorth Carolina lawmakers appealed after a federal court struck down the state’s 2016 congressional map as a partisan gerrymander. The Supreme Court ruled that federal courts cannot decide partisan-gerrymandering claims, wiped out the lower court’s ruling (vacated it), and sent the case back (remanded it).Decided Jun 27, 201918-422 DecidedPolice immunity and later rulingsCity of Escondido, California, et al., Petitioners v. Marty EmmonsEmmons challenged force used during an arrest after an Escondido disturbance call; officers claimed qualified immunity (protection from suit unless law clearly barred their conduct). The Supreme Court overturned part of the appeals court’s ruling (reversed it in part), wiped out another part (vacated it in part), and sent the case back for more proceedings (remanded).Decided Jan 7, 201917-1660 DecidedIntellectual disability and executionBobby James Moore, Petitioner v. TexasThe Supreme Court overturned the Texas Court of Criminal Appeals’ ruling that Bobby James Moore was not intellectually disabled and was eligible for the death penalty, then sent the case back for further proceedings (remanded).Decided Feb 19, 201918-443 DecidedRobbery as a violent crimeStokeling v. United StatesThe Supreme Court agreed with the Eleventh Circuit that Florida robbery qualifies as a “violent felony” under the Armed Career Criminal Act, a federal sentencing law, when it requires force to overcome a victim’s resistance—even if that force can be slight. The Court upheld the ruling against Denard Stokeling.Decided Jan 15, 201917-5554 DecidedIntellectual disability and executionTim Shoop, Warden, Petitioner v. Danny HillDanny Hill challenged Ohio’s rejection of his claim that intellectual disability barred his execution, and the Sixth Circuit ruled in his favor. The Supreme Court agreed to hear the case, wiped out the Sixth Circuit’s ruling (vacated it), and sent the case back for further proceedings (remanded).Decided Jan 7, 201918-56 DecidedTaxes on railroad back payBNSF R. Co. v. LoosThe Supreme Court ruled that BNSF’s payment to Michael Loos for work time he missed because of an on-the-job injury counted as taxable compensation under the Railroad Retirement Tax Act. It overturned the Eighth Circuit’s ruling and sent the case back to the lower court (remanded).Decided Mar 4, 201917-1042 DecidedSex offender registration rulesGundy v. United StatesHerman Gundy argued that Congress unlawfully gave the attorney general authority to set SORNA registration rules for people convicted before the law took effect. The Supreme Court left the lower court’s ruling in place: four justices concluded the delegation was constitutional, and Justice Alito agreed with the result under existing precedent for different reasons.Decided Jun 20, 201917-6086

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