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U.S. Supreme Court Case Commentaries

Enforcing AEDPA's §2255(h) Limitations: The Supreme Court's Decision in Jones v. Hendrix

Enforcing AEDPA's §2255(h) Limitations: The Supreme Court's Decision in Jones v. Hendrix

Date: Jun 23, 2023
Enforcing AEDPA's §2255(h) Limitations: The Supreme Court's Decision in Jones v. Hendrix Introduction In the landmark case of Marcus DeAngelo Jones v. Dewayne Hendrix, Warden (143 S. Ct. 1857), the...
Arizona v. Navajo Nation: Affirmative Actions Not Mandated for Water Rights under Treaty

Arizona v. Navajo Nation: Affirmative Actions Not Mandated for Water Rights under Treaty

Date: Jun 23, 2023
Arizona v. Navajo Nation: Affirmative Actions Not Mandated for Water Rights under Treaty Introduction The landmark case of Arizona, et al., Petitioner v. Navajo Nation, et al. Department of the...
Supreme Court Clarifies Sentencing Discretion under 18 U.S.C. §924(j) – Concurrent or Consecutive Sentences Permitted

Supreme Court Clarifies Sentencing Discretion under 18 U.S.C. §924(j) – Concurrent or Consecutive Sentences Permitted

Date: Jun 17, 2023
Supreme Court Clarifies Sentencing Discretion under 18 U.S.C. §924(j) – Concurrent or Consecutive Sentences Permitted Introduction The Supreme Court case Efrain Lora v. United States, 143 S. Ct. 1713...
Government's Authority to Dismiss FCA Qui Tam Actions Under FRCP 41(a): Insights from United States ex rel. Polansky v. Executive Health Resources

Government's Authority to Dismiss FCA Qui Tam Actions Under FRCP 41(a): Insights from United States ex rel. Polansky v. Executive Health Resources

Date: Jun 17, 2023
Government's Authority to Dismiss FCA Qui Tam Actions Under FRCP 41(a): Insights from United States ex rel. Polansky v. Executive Health Resources Introduction In United States ex rel. Polansky v....
Supreme Court Affirms Abrogation of Tribal Sovereignty under Bankruptcy Code in Lac du Flambeau v. Coughlin

Supreme Court Affirms Abrogation of Tribal Sovereignty under Bankruptcy Code in Lac du Flambeau v. Coughlin

Date: Jun 16, 2023
Supreme Court Affirms Abrogation of Tribal Sovereignty under Bankruptcy Code in Lac du Flambeau v. Coughlin Introduction In the landmark decision of Lac du Flambeau Band of Lake Superior Chippewa...
Supreme Court Upholds Retrial Rights in Improper Venue Cases: Smith v. United States

Supreme Court Upholds Retrial Rights in Improper Venue Cases: Smith v. United States

Date: Jun 16, 2023
Supreme Court Upholds Retrial Rights in Improper Venue Cases: Smith v. United States Introduction In the landmark case of Timothy J. Smith v. United States, decided on June 15, 2023, the Supreme...
Upholding the Indian Child Welfare Act: Supreme Court Confirms Congressional Authority and Rejects Anticommandeering Challenges

Upholding the Indian Child Welfare Act: Supreme Court Confirms Congressional Authority and Rejects Anticommandeering Challenges

Date: Jun 16, 2023
Upholding the Indian Child Welfare Act: Supreme Court Confirms Congressional Authority and Rejects Anticommandeering Challenges Introduction On June 15, 2023, the Supreme Court of the United States...
Supreme Court Clarifies Trademark Infringement Standards in 599 U.S. v. VIP Products LLC Jack Daniel's Properties, Inc.

Supreme Court Clarifies Trademark Infringement Standards in 599 U.S. v. VIP Products LLC Jack Daniel's Properties, Inc.

Date: Jun 9, 2023
Supreme Court Clarifies Trademark Infringement Standards in 599 U.S. v. VIP Products LLC Jack Daniel's Properties, Inc. Introduction The United States Supreme Court delivered a unanimous opinion in...
Health and Hospital Corporation of Marion County v. Talevski: Expanding §1983 Enforcement in Nursing Home Rights

Health and Hospital Corporation of Marion County v. Talevski: Expanding §1983 Enforcement in Nursing Home Rights

Date: Jun 9, 2023
Health and Hospital Corporation of Marion County v. Talevski: Expanding §1983 Enforcement in Nursing Home Rights Introduction In Health and Hospital Corporation of Marion County et al. v. Talevski,...
Reaffirming Gingles: Supreme Court Upholds Alabama's Districting Plan Violating the Voting Rights Act

Reaffirming Gingles: Supreme Court Upholds Alabama's Districting Plan Violating the Voting Rights Act

Date: Jun 9, 2023
Reaffirming Gingles: Supreme Court Upholds Alabama's Districting Plan Violating the Voting Rights Act Introduction In Wes Allen, Alabama Secretary of State, et al. v. Evan Milligan, et al. and Marcus...
Narrowing the Scope of Aggravated Identity Theft: Dubin v. United States

Narrowing the Scope of Aggravated Identity Theft: Dubin v. United States

Date: Jun 9, 2023
Narrowing the Scope of Aggravated Identity Theft: Dubin v. United States Introduction In the landmark case of David Fox Dubin v. United States (143 S. Ct. 1557, 2023), the Supreme Court of the United...
Supreme Court Establishes Subjective Scienter Standard in FCA Cases

Supreme Court Establishes Subjective Scienter Standard in FCA Cases

Date: Jun 2, 2023
Supreme Court Establishes Subjective Scienter Standard in FCA Cases Introduction The Supreme Court of the United States recently rendered a landmark decision in United States v. SuperValu Inc.,...
Limitation of §11 Liability to Traceable Securities: Slack Technologies v. Pirani

Limitation of §11 Liability to Traceable Securities: Slack Technologies v. Pirani

Date: Jun 2, 2023
Limitation of §11 Liability to Traceable Securities: Slack Technologies v. Pirani Introduction Slack Technologies, LLC, FKA Slack Technologies, Inc., et al. v. Fiyyaz Pirani is a landmark case...
Supreme Court Defines Scienter in False Claims Act as Subjective Knowledge

Supreme Court Defines Scienter in False Claims Act as Subjective Knowledge

Date: Jun 2, 2023
Supreme Court Defines Scienter in False Claims Act as Subjective Knowledge Introduction In the landmark case United States et al. ex rel. Schutte et al. v. SuperValu Inc. et al. and United States ex...
NLRA Preemption and Tort Claims: Insights from Glacier Northwest v. International Brotherhood of Teamsters

NLRA Preemption and Tort Claims: Insights from Glacier Northwest v. International Brotherhood of Teamsters

Date: Jun 2, 2023
NLRA Preemption and Tort Claims: Insights from Glacier Northwest v. International Brotherhood of Teamsters Supreme Court of the United States, 2023 Introduction The case of Glacier Northwest, Inc.,...
Sackett v. Environmental Protection Agency: Redefining "Waters of the United States"

Sackett v. Environmental Protection Agency: Redefining "Waters of the United States"

Date: May 26, 2023
Sackett v. Environmental Protection Agency: Redefining "Waters of the United States" 1. Introduction Sackett et al. v. Environmental Protection Agency (EPA), 143 S. Ct. 1322 (2023), is a landmark...
Excess Surplus in Tax Foreclosure Constitutes a Fifth Amendment Taking: Tyler v. Hennepin County

Excess Surplus in Tax Foreclosure Constitutes a Fifth Amendment Taking: Tyler v. Hennepin County

Date: May 26, 2023
Excess Surplus in Tax Foreclosure Constitutes a Fifth Amendment Taking: Tyler v. Hennepin County Introduction In the landmark case Geraldine Tyler v. Hennepin County, Minnesota, et al., the United...
Dupree v. Younger: Clarifying Appellate Preservation of Pure Legal Issues in Summary Judgment

Dupree v. Younger: Clarifying Appellate Preservation of Pure Legal Issues in Summary Judgment

Date: May 26, 2023
Dupree v. Younger: Clarifying Appellate Preservation of Pure Legal Issues in Summary Judgment Introduction In Dupree v. Younger (143 S. Ct. 1382, 2023), the Supreme Court of the United States...
Reaffirming the 'By Reason of' Standard and Mandating Remands: Insights from Harry C. Calcutt, III v. FDIC

Reaffirming the 'By Reason of' Standard and Mandating Remands: Insights from Harry C. Calcutt, III v. FDIC

Date: May 23, 2023
Reaffirming the 'By Reason of' Standard and Mandating Remands: Insights from Harry C. Calcutt, III v. FDIC Introduction In Harry C. Calcutt, III v. Federal Deposit Insurance Corporation, 143 S. Ct....
Supreme Court Upholds IRS Summons Powers Without Notice in Collection Phase

Supreme Court Upholds IRS Summons Powers Without Notice in Collection Phase

Date: May 19, 2023
Supreme Court Upholds IRS Summons Powers Without Notice in Collection Phase Introduction In the landmark case of Hanna Karcho Polselli, et al., Petitioners v. Internal Revenue Service (143 S. Ct....
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