December Sitting Archives - Legal Blotterca

Yellen v. Collins

legaladmin — Sun, 13 Jun 2021 14:01:00 +0000

Holding: Because the Federal Housing Finance Agency did not exceed its authority under the Housing and Economic Recovery Act of 2008 as a conservator of Fannie Mae and Freddie Mac, the anti-injunction provisions of the Recovery Act bar the statutory claim brought by shareholders of those entities; the Recovery Act’s structure, which restricts the President’s power to remove the FHFA director, violates the separation of powers.

Judgment: Affirmed in part, reversed in part, vacated in part and remanded, 7-2, in an opinion by Justice Alito on June 23, 2021. Justice Gorsuch joined the opinion as to all but Part III–C, Justices Kagan and Breyer joined as to all but Part III–B, and Justice Sotomayor joined as to Parts I, II, and III–C. Justice Thomas filed a concurring opinion. Justice Gorsuch filed an opinion concurring in part. Justice Kagan filed an opinion concurring in part and concurring in the judgment, in which Justices Breyer and Sotomayor joined as to Part II. Justice Sotomayor filed an opinion concurring in part and dissenting in part, in which Justice Breyer joined.

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Trump v. New York

legaladmin — Sun, 20 Dec 2020 13:44:00 +0000

Holding: Because the challengers have not shown standing and because the claims presented are not ripe for adjudication, the district court’s judgment is vacated, and the case is remanded with instructions to dismiss for lack of jurisdiction.

Judgment: Vacated and remanded in a per curiam opinion on December 18, 2020. Justice Breyer filed a dissenting opinion, joined by Justices Sotomayor and Kagan.

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Nestlé USA, Inc. v. Doe I

legaladmin — Wed, 17 Jun 2020 13:49:00 +0000

Holding: To plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. § 1350, plaintiffs must allege more domestic conduct than general corporate activity.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Thomas on June 17, 2021. Justice Thomas announced the judgment of the court and delivered the opinion of the court with respect to Parts I and II, in which Chief Justice Roberts and Justices Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh and Barrett joined, and an opinion with respect to Part III, in which Justices Gorsuch and Kavanaugh joined. Justice Gorsuch filed a concurring opinion, in which Justice Alito joined as to Part I, and in which Justice Kavanaugh joined as to Part II. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment, in which Justices Breyer and Kagan joined. Justice Alito filed a dissenting opinion.

Nestlé USA, Inc. v. Doe I Download

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New York State Rifle & Pistol Association Inc. v. City of New York, New York

legaladmin — Mon, 27 Apr 2020 08:28:00 +0000

Holding: Petitioners’ claim for declaratory and injunctive relief with respect to the City’s old rule on transporting firearms is moot, and any claim for damages with respect to that rule may be addressed in the first instance by the court of appeals and the district court on remand.

New-York-State-Rifle-Pistol-Association-Inc.-v.-City-of-New-York-New-York Download

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Georgia v. Public.Resource.Org Inc.

legaladmin — Mon, 27 Apr 2020 08:27:00 +0000

Holding: Under the government edicts doctrine, the annotations beneath the statutory provisions in the Official Code of Georgia Annotated are ineligible for copyright protection.

Georgia-v.-Public.Resource.Org-Inc.Download

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Rodriguez v. Federal Deposit Insurance Corp.

legaladmin — Tue, 25 Feb 2020 08:30:00 +0000

Holding: The rule of In re Bob Richards Chrysler-Plymouth Corp., which specifies how federal tax refund proceeds should be allocated among members of an affiliated group of corporations that file a consolidated return, is not a legitimate exercise of federal common lawmaking.

Rodriguez-v.-Federal-Deposit-Insurance-Corp.Download

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CIC Services, LLC v. Internal Revenue Service

legaladmin — Mon, 20 Jan 2020 13:46:00 +0000

Holding: A suit to enjoin IRS Notice 2016–66 does not trigger the Anti-Injunction Act even though a violation of the notice may result in a tax penalty.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kagan on May 17, 2021. Justice Sotomayor and Justice Kavanaugh filed concurring opinions.

CIC Services, LLC v. Internal Revenue Service Download

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Gamble v. U.S.

legaladmin — Mon, 17 Jun 2019 08:48:00 +0000

Holding: The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.

Judgment: Affirmed, 7-2, in an opinion by Justice Alito on June 17, 2019. Justice Thomas filed a concurring opinion. Justice Ginsburg and Justice Gorsuch filed dissenting opinions.

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Gamble v. United States

legaladmin — Mon, 17 Jun 2019 08:13:00 +0000

Holding: The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.

Judgment: Affirmed, 7-2, in an opinion by Justice Alito on June 17, 2019. Justice Thomas filed a concurring opinion. Justice Ginsburg and Justice Gorsuch filed dissenting opinions.

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Biestek v. Berryhill

legaladmin — Mon, 01 Apr 2019 08:19:00 +0000

Holding: A vocational expert’s refusal to provide private market-survey data during a Social Security disability benefits hearing upon the applicant’s request does not categorically preclude the testimony from counting as “substantial evidence” in federal court under 42 U. S. C. §405(g).

Judgment: Affirmed, 6-3, in an opinion by Justice Kagan on April 1, 2019. Justice Sotomayor filed a dissenting opinion. Justice Gorsuch filed a dissenting opinion, in which Justice Ginsburg joined.

Biestek-v.-Berryhill Download

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