January Sitting Archives - Legal Blotterca

Federal Communications Commission v. Prometheus Radio Project

legaladmin — Tue, 19 Jan 2021 05:26:00 +0000

Holding: The Federal Communications Commission’s 2017 decision to repeal or modify three of its media ownership rules was not arbitrary or capricious for purposes of the Administrative Procedure Act.

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BP P.L.C. v. Mayor and City Council of Baltimore

legaladmin — Tue, 19 Jan 2021 05:21:00 +0000

Holding: Where defendant energy companies premised 28 U. S. C. § 1447(d) removal in part on the federal officer removal statute, Section 1442, the U.S. Court of Appeals for the 4th Circuit erred in holding that it lacked jurisdiction to consider all grounds for removal rejected by the district court.

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National Association of Broadcasters v. Prometheus Radio Project

legaladmin — Tue, 19 Jan 2021 05:14:00 +0000

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Altitude Express Inc. v. Zarda

legaladmin — Wed, 01 Jan 2020 07:25:00 +0000

Holding: An employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964.

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Knick v. Township of Scott, Pennsylvania

legaladmin — Fri, 21 Jun 2019 08:52:00 +0000

Holding: A government violates the takings clause when it takes property without compensation, and a property owner may bring a Fifth Amendment claim under 42 U. S. C. §1983 at that time; the state-litigation requirement of Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, is overruled.

Judgment: Vacated and remanded, 5-4, in an opinion by Chief Justice Roberts on June 21, 2019. Justice Thomas filed a concurring opinion. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined.

Knick-v.-Township-of-Scott-Pennsylvania Download

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Herrera v. Wyoming

legaladmin — Mon, 20 May 2019 13:03:00 +0000

Holding: Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Sotomayor on May 20, 2019. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Kavanaugh joined.

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Merck Sharp & Dohme Corp. v. Albrecht

legaladmin — Mon, 20 May 2019 12:47:00 +0000

Holding: “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on May 20, 2019. Justice Thomas filed a concurring opinion. Justice Alito filed an opinion concurring in the judgment, in which Chief Justice Roberts and Justice Kavanaugh joined.

Merck Sharp & Dohme Corp. v. Albrecht Download

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Franchise Tax Board of California v. Hyatt

legaladmin — Fri, 03 May 2019 13:08:00 +0000

Holding: Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Thomas on May 13, 2019. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.

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Fourth Estate Public Benefit Corp. v. Wall-Street.com

legaladmin — Mon, 04 Mar 2019 13:01:00 +0000

Holding: Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.

Judgment: Affirmed, 9-0, in an opinion by Justice Ginsburg on March 4, 2019.

Fourth Estate Public Benefit Corp. v. Wall-Street.com..">Fourth Estate Public Benefit Corp. v. Wall-Street.comDownload

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Obduskey v. McCarthy & Holthus LLP

legaladmin — Sun, 20 Jan 2019 12:52:00 +0000

Holding: A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).

Judgment: Affirmed, 9-0, in an opinion by Justice Breyer on March 20, 2019. Justice Sotomayor filed a concurring opinion.

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