Us Supreme Court Court February 2013 Judgments
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Gabelli Vs. Sec
Court: US Supreme Court
Decided on: Feb-27-2013
Gabelli v. Sec. & Exch. Comm'n 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 GABELLI et al. v. SECURITIES AND EXCHANGE COMMISSION certiorari to the united states court of appeals for the second circuit No. 111274.Argued January 8, 2013Decided February 27, 2013 The Investment Advisers Act makes it illegal for investment advisers to defraud their clients, 15 U. S. C. 80b6(1), (2), and authorizes the Securities and Exchange Commission to bring enforcement actions against investment advisers who violate the Act, or against individuals who aid and abet such violations, 80b9(d). If the SEC seeks civil penalties as part of t...
Amgen Inc. Vs. Connecticut Retirement Plans and Trust Funds
Court: US Supreme Court
Decided on: Feb-27-2013
Amgen Inc. v. CT Ret. Plans & Trust Funds 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 AMGEN INC. et al. v. CONNECTICUT RETIREMENT PLANS AND TRUST FUNDS certiorari to the united states court of appeals for the ninth circuit No. 111085.Argued November 5, 2012Decided February 27, 2013 To recover damages in a private securities-fraud action under 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b5, a plaintiff must prove, among other things, reliance on a material misrepresentation or omission made by the defendant. Matrixx Initiatives, Inc. v. Siracusano, 563 U. S. ___, ___. Re...
Clapper Vs. Amnesty International Usa
Court: US Supreme Court
Decided on: Feb-26-2013
Clapper v. Amnesty Int'l USA 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 CLAPPER, DIRECTOR OF NATIONAL INTELLIGENCE, et al. v. AMNESTY INTERNATIONAL USA et al. certiorari to the united states court of appeals for the second circuit No. 111025.Argued October 29, 2012Decided February 26, 2013 Section 702 of the Foreign Intelligence Surveillance Act of 1978 (FISA), 50 U. S. C. 1881a, added by the FISA Amendments Act of 2008, permits the Attorney General and the Director of National Intelligence to acquire foreign intelligence information by jointly authorizing the surveillance of individuals who are not United States perso...
Marx Vs. General Revenue Corp.
Court: US Supreme Court
Decided on: Feb-26-2013
Marx v. General Revenue Corp. 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 MARX v. GENERAL REVENUE CORP. certiorari to the united states court of appeals for the tenth circuit No. 111175.Argued November 7, 2012Decided February 26, 2013 Petitioner Marx filed suit, alleging that General Revenue Corporation (GRC) violated the Fair Debt Collection Practices Act (FDCPA) by harassing and falsely threatening her in order to collect on a debt. The District Court ruled against Marx and awarded GRC costs pursuant to Federal Rule of Civil Procedure (FRCP) 54(d)(1), which gives district courts discretion to award costs to prevailing...
Chaidez Vs. United States
Court: US Supreme Court
Decided on: Feb-20-2013
Chaidez 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 CHAIDEZ v. UNITED STATES certiorari to the united states court of appeals for the seventh circuit No. 11820.Argued November 1, 2012Decided February 20, 2013 Immigration officials initiated removal proceedings against petitioner Chaidez in 2009 upon learning that she had pleaded guilty to mail fraud in 2004. To avoid removal, she sought to overturn that conviction by filing a petition for a writ of coram nobis, contending that her former attorneys failure to advise her of the guilty pleas immigration consequences constituted ineffective assistance of co...
Johnson Vs. Williams
Court: US Supreme Court
Decided on: Feb-20-2013
Johnson v. Williams 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 JOHNSON, ACTING WARDEN v. WILLIAMS certiorari to the united states court of appeals for the ninth circuit No. 11465.Argued October 3, 2012Decided February 20, 2013 The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) provides that a federal habeas court may not grant relief to a state prisoner whose claim has already been adjudicated on the merits in State court, 28 U. S. C. 2254(d), unless the claims adjudication resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determi...
Gunn Vs. Minton
Court: US Supreme Court
Decided on: Feb-20-2013
Gunn v. Minton 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 GUNN et al. v. MINTON certiorari to the supreme court of texas No. 111118.Argued January 16, 2013Decided February 20, 2013 Petitioner attorneys represented respondent Minton in a federal patent infringement suit. The District Court declared Mintons patent invalid under the on sale bar since he had leased his interactive securities trading system to a securities brokerage more than one year prior to the date of the [patent] application. 35 U. S. C. 102(b). In a motion for reconsideration, Minton argued for the first time that the lease was part of ongoing testing...
Henderson Vs. United States
Court: US Supreme Court
Decided on: Feb-20-2013
Henderson 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 HENDERSON v. UNITED STATES certiorari to the united states court of appeals for the fifth circuit No. 119307.Argued November 28, 2012Decided February 20, 2013 A federal court of appeals normally will not correct a legal error made in a criminal trial unless the defendant first brought the error to the trial courts attention. United States v. Olano, 507 U. S. 725. But Federal Rule of Criminal Procedure 52(b) provides an exception, permitting [a] plain error that affects substantial rights [to] be considered even though it was not brought to the [trial...
Evans Vs. Michigan
Court: US Supreme Court
Decided on: Feb-20-2013
Evans v. Michigan 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 EVANS v. MICHIGAN certiorari to the supreme court of michigan No. 111327.Argued November 6, 2012Decided February 20, 2013 After the State of Michigan rested its case at petitioner Evans arson trial, the court granted Evans motion for a directed verdict of acquittal, concluding that the State had failed to prove that the burned building was not a dwelling, a fact the court mistakenly believed was an element of the statutory offense. The State Court of Appeals reversed and remanded for retrial. In affirming, the State Supreme Court held that a directed verdict ...
ChafIn Vs. Chafin
Court: US Supreme Court
Decided on: Feb-19-2013
Chafin v. Chafin 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 CHAFIN v. CHAFIN certiorari to the united states court of appeals for the eleventh circuit No. 111347.Argued December 5, 2012Decided February 19, 2013 The Hague Convention on the Civil Aspects of International Child Abduction requires the judicial or administrative authority of a Contracting State to order a child returned to her country of habitual residence if the authority finds that the child has been wrongfully removed to or retained in the Contracting State. The International Child Abduction Remedies Act (ICARA) implements the Convention in the United St...
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