U.S. Supreme Court Case Commentaries

Supreme Court Reinforces Deferential Standard for AEDPA Habeas Corpus Reviews in Coleman v. Johnson

Date: May 30, 2012

Supreme Court Reinforces Deferential Standard for AEDPA Habeas Corpus Reviews in Coleman v. Johnson Introduction In the case of Brian Coleman, Superintendent, State Correctional Institution at...

Mandatory Credit-Bidding for Secured Creditors in Chapter 11 Bankruptcy Cramdown Plans

Date: May 30, 2012

Mandatory Credit-Bidding for Secured Creditors in Chapter 11 Bankruptcy Cramdown Plans Introduction In the landmark case RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank, decided on May 29,...

Fee Splitting Must Be Demonstrated to Violate RESPA §2607(b): Supreme Court Establishes Clear Precedent

Date: May 25, 2012

Fee Splitting Must Be Demonstrated to Violate RESPA §2607(b): Supreme Court Establishes Clear Precedent Introduction In the landmark case Tammy Foret FREEMAN et al. v. QUICKEN LOANS, Inc., the U.S....

Limitations on Prohibition of Earned Fees under RESPA: Freeman v. Quicken Loans

Date: May 25, 2012

Limitations on Prohibition of Earned Fees under RESPA: Freeman v. Quicken Loans Introduction FREEMAN v. QUICKEN LOANS, INC. is a landmark United States Supreme Court case decided on May 24, 2012. The...

Double Jeopardy in Mistrial Cases: Insights from Blueford v. Arkansas

Date: May 25, 2012

Double Jeopardy in Mistrial Cases: Insights from Blueford v. Arkansas Introduction Blueford v. Arkansas (566 U.S. 599, 2012) is a landmark Supreme Court case that delves into the intricacies of the...

Interpreters vs. Translators: Defining Taxable Costs under 28 U.S.C. § 1920(6)

Date: May 22, 2012

Interpreters vs. Translators: Defining Taxable Costs under 28 U.S.C. § 1920(6) Introduction The Supreme Court case Kouichi TANIGUCHI v. KAN PACIFIC SAIPAN, LTD., dba Marianas Resort and Spa addresses...

BIA's Non-Imputation of Parental Residence in Cancellation of Removal: Holder v. Martinez Gutierrez

Date: May 22, 2012

BIA's Non-Imputation of Parental Residence in Cancellation of Removal: Holder v. Martinez Gutierrez Introduction Holder v. Martinez Gutierrez (2012) is a pivotal Supreme Court case that addresses the...

No Imputation of Parental Residence or LPR Status under 8 U.S.C. §1229b(a)

Date: May 22, 2012

No Imputation of Parental Residence or LPR Status under 8 U.S.C. §1229b(a) Introduction The Supreme Court case Holder, Attorney General v. Martinez Gutierrez and Holder, Attorney General v. Sawyers...

Defining “Interpreter” in Cost Recovery: Supreme Court Clarifies Oral Translation Only under 28 U.S.C. § 1920(6)

Date: May 22, 2012

Defining “Interpreter” in Cost Recovery: Supreme Court Clarifies Oral Translation Only under 28 U.S.C. § 1920(6) Introduction In the landmark case Kouichi TANIGUCHI v. KAN PACIFIC SAIPAN, LTD., the...

Defining 'Child' in Posthumous Conceptions: Astrue v. Capato

Date: May 22, 2012

Defining 'Child' in Posthumous Conceptions: Astrue v. Capato Introduction The Supreme Court case Astrue v. Capato addresses a pivotal issue in Social Security law: the eligibility of posthumously...

State Intestacy Law Governs Survivors Benefits for Posthumously Conceived Children: Asture v. Capato

Date: May 22, 2012

State Intestacy Law Governs Survivors Benefits for Posthumously Conceived Children: Asture v. Capato Introduction Asture v. Capato is a landmark decision by the United States Supreme Court that...

Dischargeability of Postpetition Federal Income Taxes in Chapter 12 Bankruptcy

Date: May 15, 2012

Dischargeability of Postpetition Federal Income Taxes in Chapter 12 Bankruptcy Introduction Lynwood D. Hall, et ux., Petitioners v. United States, 566 U.S. 506 (2012), is a pivotal case adjudicated...

Hall v. United States: Postpetition Federal Taxes Not Dischargeable in Chapter 12 Bankruptcy

Date: May 15, 2012

Hall v. United States: Postpetition Federal Taxes Not Dischargeable in Chapter 12 Bankruptcy Introduction Hall v. United States, 132 S.Ct. 1882 (2012), is a landmark Supreme Court decision that...

Extended Statute of Limitations for Tax Deficiency: United States v. Home Concrete & Supply, LLC

Date: Apr 26, 2012

Extended Statute of Limitations for Tax Deficiency: United States v. Home Concrete & Supply, LLC Introduction The case of United States v. Home Concrete & Supply, LLC (566 U.S. 478, 2012) addresses a...

Supreme Court Restricts Appellate Courts from Reopening Waived Statute of Limitations Defenses in Habeas Corpus Petitions

Date: Apr 25, 2012

Supreme Court Restricts Appellate Courts from Reopening Waived Statute of Limitations Defenses in Habeas Corpus Petitions Introduction In Patrick WOOD v. Ke, 566 U.S. 463 (2012), the United States...

Patrick Wood v. Ke: Limits on Appellate Courts' Discretion to Raise Forfeited Timeliness Defenses

Date: Apr 25, 2012

Patrick Wood v. Ke: Limits on Appellate Courts' Discretion to Raise Forfeited Timeliness Defenses Introduction Patrick Wood v. Ke, 132 S. Ct. 1826 (2012), is a pivotal case adjudicated by the United...

Supreme Court Clarifies "Individual" in Torture Victim Protection Act: Liability Limited to Natural Persons

Date: Apr 19, 2012

Supreme Court Clarifies "Individual" in Torture Victim Protection Act: Liability Limited to Natural Persons Introduction In the landmark case Asid Mohamad, indi v. Dually and for the Estate of Azzam...

HYATT v. KAPPOS: Establishing Evidentiary Standards in §145 Patent Proceedings

Date: Apr 19, 2012

HYATT v. KAPPOS: Establishing Evidentiary Standards in §145 Patent Proceedings Introduction The United States Supreme Court's decision in HYATT v. KAPPOS, 566 U.S. 431 (2012), represents a...

Affirming Qualified Immunity for Non-Permanent Government-Hired Individuals under 42 U.S.C. § 1983

Date: Apr 18, 2012

Affirming Qualified Immunity for Non-Permanent Government-Hired Individuals under 42 U.S.C. § 1983 Introduction In the landmark case Ste v. A. FilarSky, Petitioner, the United States Supreme Court...

Qualified Immunity Extended to Private Contractors Retained by Government Under 42 U.S.C. § 1983

Date: Apr 18, 2012

Qualified Immunity Extended to Private Contractors Retained by Government Under 42 U.S.C. § 1983 Introduction The case of Steve A. Filarsky v. Nicholas B. Delia before the U.S. Supreme Court...