Court : US Supreme Court
Minneci v. Pollard NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus MINNECI etal. v. POLLARD etal. certiorari to the united states court of appeals for the ninth circuit No. 101104.Argued November 1, 2011Decided January 10, 2012 Respondent Pollard sought damages from employees at a privately run federal prison in California, claiming that they had deprived him of adequate medical care in violation of the Eighth Amendments prohibition against cruel and unusual punishment. The Federal District Court dismissed the complaint, ruling that the Eighth Amendment does not imply an action under Bivens v. Six Unknown Fed. Narcotics Ag...
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Perry v. New Hampshire NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus PERRY v. NEW HAMPSHIRE certiorari to the supreme court of new hampshire No. 108974.Argued November 2, 2011Decided January 11, 2012 Around 3 a.m. on August 15, 2008, the Nashua, New Hampshire Police Department received a call reporting that an African-American male was trying to break into cars parked in the lot of the callers apartment building. When an officer responding to the call asked eyewitness Nubia Blandon to describe the man, Blandon pointed to her kitchen window and said the man she saw breaking into the car was standing in the parking lot, next...
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LORD MANCE (WITH WHOM LORD KERR AGREES) Introduction 1. The liability of employers for deaths caused by mesothelioma has pre-occupied courts and legislators over recent years. The present appeals concern claims to pass the burden of this liability on to insurers, made either by employers or in the case of insolvent employers by the personal representatives of former employees using the mechanism of the Third Party (Rights against Insurers) Act 1930. 2. The appeals concern employers' liability insurance. This is in contrast with Bolton MBC v Municipal Mutual Insurance Ltd [2006] EWCA Civ 50, [2006] 1 WLR 1492 where public liability insurance was in issue. Employers' liability focuses necessarily upon the relevant employment relationships and activities. Public liability relates to any of the insured's relationships and to activities affecting the world at large. Another feature of employers' liability is that, under the Employers' Liability (Compulsory Insurance) Act 1969 (the "ELCIA"),...
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Southern Union Co. v. United States NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus SOUTHERN UNION CO. v. UNITED STATES certiorari to the united states court of appeals for the first circuit No. 1194.Argued March 19, 2012Decided June 21, 2012 Petitioner Southern Union Company was convicted by a jury in federal court on one count of violating the Resource Conservation and Recovery Act of 1976 (RCRA) for having knowingly stored liquid mercury without a permit at a subsidiarys facility on or about September 19, 2002 to October 19, 2004. Violations of the RCRA are punishable by, inter alia, a fine of not more than $50,000 for ea...
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United States v. Alvarez NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus UNITED STATES v. ALVAREZ certiorari to the united states court of appeals for the ninth circuit No. 11210.Argued February 22, 2012Decided June 28, 2012 The Stolen Valor Act makes it a crime to falsely claim receipt of military decorations or medals and provides an enhanced penalty if the Congressional Medal of Honor is involved. 18 U.S.C. 704 (b), (c). Respondent pleaded guilty to a charge of falsely claiming that he had received the Medal of Honor, but reserved his right to appeal his claim that the Act is unconstitutional. The Ninth Circuit reversed, ...
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Nat'l Fed'n of Indep. Bus. v. Sebelius NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus NATIONAL FEDERATION OF INDEPENDENT BUSINESS etal. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, etal. certiorari to the united states court of appeals for the eleventh circuit No. 11393.Argued March 26, 27, 28, 2012Decided June 28, 2012[ 1 ] In 2010, Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision is the individual mandate, which requires most Americans to maintain minimum essential healt...
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Kloeckner v. Solis NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus KLOECKNER v. SOLIS, SECRETARY OF LABOR certiorari to the united states court of appeals for the eighth circuit No. 11184.Argued October 2, 2012Decided December 10, 2012 The Civil Service Reform Act of 1978 (CSRA) permits a federal employee subjected to a particularly serious personnel action such as a discharge or demotion to appeal her agencys decision to the Merit Systems Protection Board (MSPB or Board). Such an appeal may allege that the agency had insufficient cause for taking the action under the CSRA itself; but the appeal may also or instead charge th...
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Kirtsaeng v. John Wiley & Sons, Inc. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus KIRTSAENG, dba BLUECHRISTINE99 v. JOHN WILEY & SONS, INC. certiorari to the united states court of appeals for the second circuit No. 11697.Argued October 29, 2012Decided March 19, 2013 The exclusive rights that a copyright owner has to distribute copies ... of [a] copyrighted work, 17 U.S.C. 106(3), are qualified by the application of several limitations set out in 107 through 122, including the first sale doctrine, which provides that the owner of a particular copy or phonorecord lawfully made under this title ... is entitled, with...
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LORD WALKER (with whom Lord Mance, Lord Sumption and Lord Carnwath agree) Introduction 1. Sections (1) and (2) of section 123 of the Insolvency Act 1986 ("the 1986 Act") provide as follows: "(1) A company is deemed unable to pay its debts “ (a) [non-compliance with a statutory demand for a debt exceeding 750 presently due] (b) to (d) [unsatisfied execution on judgment debt in terms appropriate to England and Wales, Scotland and Northern Ireland respectively] (e) if it is proved to the satisfaction of the court that the company is unable to pay its debts as they fall due. (2) A company is also deemed unable to pay its debts if it is proved to the satisfaction of the court that the value of the company's assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities." A company in the situation described in subsection (1)(e) is often said to be "cash-flow" insolvent. A company in the situation described in subsection (2) is often s...
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Peugh v. United States NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus PEUGH v. UNITED STATES certiorari to the united states court of appeals for the seventh circuit No. 1262.Argued February 26, 2013Decided June 10, 2013 Petitioner Peugh was convicted of five counts of bank fraud for conduct that occurred in 1999 and 2000. At sentencing, he argued that the Ex Post Facto Clause required that he be sentenced under the 1998 version of the Federal Sentencing Guidelines in effect at the time of his offenses rather than under the 2009 version in effect at the time of sentencing. Under the 1998 Guidelines, Peughs sentencing range ...
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