U.S. Supreme Court Case Commentaries

Reinforcement of Pleading Standards in Bivens Actions: Iqbal v. Ashcroft

Date: May 19, 2009

Reinforcement of Pleading Standards in Bivens Actions: Iqbal v. Ashcroft Introduction The landmark case Iqbal v. Ashcroft, decided by the United States Supreme Court on May 18, 2009, addresses...

Preservation of Bona Fide Seniority Systems under the Pregnancy Discrimination Act: AT&T Corp. v. Hulteen

Date: May 19, 2009

Preservation of Bona Fide Seniority Systems under the Pregnancy Discrimination Act: AT&T Corp. v. Hulteen Introduction AT&T Corp. v. Hulteen et al. (556 U.S. 701) is a significant Supreme Court case...

Burlington Northern and Santa Fe Railway Co. v. United States: Defining Arranger Liability Under CERCLA

Date: May 5, 2009

Burlington Northern and Santa Fe Railway Co. v. United States: Defining Arranger Liability Under CERCLA 1. Introduction The Supreme Court case Burlington Northern and Santa Fe Railway Company, et...

Clarifying 'Arranger' Liability under CERCLA: Shell Oil Company v. United States

Date: May 5, 2009

Clarifying 'Arranger' Liability under CERCLA: Shell Oil Company v. United States Introduction The case of Burlington Northern and Santa Fe Railway Company, et al., Petitioner, v. United States et al....

Carlsbad Technology v. HIF Bio: Clarifying Appellate Review of Remand Orders under 28 U.S.C. §§ 1447(c) & (d)

Date: May 5, 2009

Carlsbad Technology v. HIF Bio: Clarifying Appellate Review of Remand Orders under 28 U.S.C. §§ 1447(c) & (d) Introduction Carlsbad Technology, Inc. v. HIF Bio, Inc., 556 U.S. 635 (2009), is a...

Knowingly Recognizing Ownership: Flores–Figueroa Establishes Precedent for Knowledge of Identification Ownership in Aggravated Identity Theft

Date: May 5, 2009

Knowingly Recognizing Ownership: Flores–Figueroa Establishes Precedent for Knowledge of Identification Ownership in Aggravated Identity Theft Introduction The case of Ignacio Carlos Flores–Figueroa...

Supplemental Jurisdiction Remand Review in Carlsbad Technology, Inc. v. HIF Bio, Inc.

Date: May 5, 2009

Supplemental Jurisdiction Remand Review in Carlsbad Technology, Inc. v. HIF Bio, Inc. (556 U.S. 635) Introduction Carlsbad Technology, Inc., Petitioner v. HIF Bio, Inc., et al. is a pivotal United...

Expansion of Appellate Jurisdiction and Third-Party Arbitration Enforcement under the Federal Arbitration Act: Arthur Andersen LLP v. Carlisle

Date: May 5, 2009

Expansion of Appellate Jurisdiction and Third-Party Arbitration Enforcement under the Federal Arbitration Act: Arthur Andersen LLP v. Carlisle Introduction In the landmark case Arthur Andersen LLP,...

Expansion of Federal Arbitration Act §3 Applicability to Non-Party Litigants

Date: May 5, 2009

Expansion of Federal Arbitration Act §3 Applicability to Non-Party Litigants Introduction In the landmark case of Arthur Andersen LLP, et al. v. Wayne Carlisle et al., the United States Supreme Court...

Supreme Court Establishes Knowledge Requirement for Aggravated Identity Theft

Date: May 5, 2009

Supreme Court Establishes Knowledge Requirement for Aggravated Identity Theft Introduction In the landmark case of Ignacio Carlos Flores-Figueroa v. United States, the United States Supreme Court...

Limiting ‘Arranger’ Liability and Upholding Apportionment Under CERCLA: Analysis of Burlington Northern Santa Fe Railway Co. v. United States

Date: May 5, 2009

Limiting ‘Arranger’ Liability and Upholding Apportionment Under CERCLA: Analysis of Burlington Northern Santa Fe Railway Co. v. United States Introduction The case of Burlington Northern Santa Fe...

No Intent Required for Mandatory 10-Year Sentence Under 18 U.S.C. §924(c)(1)(A)(iii): Dean v. United States

Date: Apr 30, 2009

No Intent Required for Mandatory 10-Year Sentence Under 18 U.S.C. §924(c)(1)(A)(iii): Dean v. United States Introduction Dean v. United States, 556 U.S. 568 (2009), addressed a critical aspect of...

No Intent Required for Enhanced Sentencing under 18 U.S.C. § 924(c)(1)(A)(iii)

Date: Apr 30, 2009

No Intent Required for Enhanced Sentencing under 18 U.S.C. § 924(c)(1)(A)(iii) Christopher Michael Dean v. United States, 556 U.S. 568 (2009) Introduction The United States Supreme Court case...

Ventris v. Kansas: Admissibility of Illegally Obtained Statements for Impeachment

Date: Apr 30, 2009

Ventris v. Kansas: Admissibility of Illegally Obtained Statements for Impeachment Introduction Ventris v. Kansas, 556 U.S. 586 (2009), is a landmark decision by the U.S. Supreme Court that addresses...

FCC v. Fox Television Stations: Upholding Stringent Indecency Enforcement as Non-Arbitrary Under the APA

Date: Apr 29, 2009

FCC v. Fox Television Stations: Upholding Stringent Indecency Enforcement as Non-Arbitrary Under the APA Introduction In Federal Communications Commission v. Fox Television Stations, Inc., 556 U.S....

Procedural Default and Brady Material in Federal Habeas: Supreme Court's Ruling in CONE v. BELL

Date: Apr 29, 2009

Procedural Default and Brady Material in Federal Habeas: Supreme Court's Ruling in CONE v. BELL Introduction CONE v. BELL is a significant case adjudicated by the United States Supreme Court in 2009....

Federal Habeas Review Upholds Merits of Brady Claims When State Courts Fail to Address Them: CONE v. BELL

Date: Apr 29, 2009

Federal Habeas Review Upholds Merits of Brady Claims When State Courts Fail to Address Them: CONE v. BELL Introduction Gary Bradford Cone, a Vietnam veteran, was convicted and sentenced to death for...

FCC v. Fox Television Stations: Upholding Stricter Indecency Standards Under the Administrative Procedure Act

Date: Apr 29, 2009

FCC v. Fox Television Stations: Upholding Stricter Indecency Standards Under the Administrative Procedure Act Introduction Federal Communications Commission (FCC) v. Fox Television Stations, Inc. ,...

Traditional Stay Standards Affirmed Over §1252(f)(2) in Nken v. Holder

Date: Apr 23, 2009

Traditional Stay Standards Affirmed Over §1252(f)(2) in Nken v. Holder Introduction In the landmark case of Jean Marc NKEN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, 556 U.S. 418 (2009),...

Supreme Court Upholds Traditional Four-Factor Test for Staying Removal in Nken v. Holder

Date: Apr 23, 2009

Supreme Court Upholds Traditional Four-Factor Test for Staying Removal in Nken v. Holder Introduction Jean Marc Nken v. Eric H. Holder, Jr., Attorney General, 556 U.S. 418 (2009), is a pivotal...