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Us Supreme Court Court April 2013 Judgments

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Apr 29 2013

Mcburney Vs. Young

Court: US Supreme Court

Decided on: Apr-29-2013

McBurney v. Young 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 McBURNEY et al. v. YOUNG, DEPUTY COMMISSIONER AND DIRECTOR, VIRGINIA DIVISION OF CHILD SUPPORT ENFORCEMENT, et al. certiorari to the united states court of appeals for the fourth circuit No. 1217.Argued February 20, 2013Decided April 29, 2013 Virginias Freedom of Information Act (FOIA) grants Virginia citizens access to all public records, but grants no such right to non-Virginians. Petitioners McBurney and Hurlbert, citizens of States other than Virginia, filed records requests under the Act. After each petitioners request was denied, they filed a 42 U. S. C...


Apr 23 2013

Moncrieffe Vs. Holder

Court: US Supreme Court

Decided on: Apr-23-2013

Moncrieffe v. Holder 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 MONCRIEFFE v. HOLDER, ATTORNEY GENERAL certiorari to the united states court of appeals for the fifth circuit No. 11702.Argued October 10, 2012    Decided April 23, 2013 Under the Immigration and Nationality Act (INA), a noncitizen convicted of an aggravated felony is not only deportable, 8 U. S. C. 1227(a)(2)(A)(iii), but also ineligible for discretionary relief. The INA lists as an aggravated felony illicit trafficking in a controlled substance, 1101(a)(43)(B), which, as relevant here, includes the conviction of an offense that the Co...


Apr 17 2013

Missouri Vs. Mcneely

Court: US Supreme Court

Decided on: Apr-17-2013

Missouri v. McNeely 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 MISSOURI v. McNEELY certiorari to the supreme court of missouri No. 111425.Argued January 9, 2013Decided April 17, 2013 Respondent McNeely was stopped by a Missouri police officer for speeding and crossing the centerline. After declining to take a breath test to measure his blood alcohol concentration (BAC), he was arrested and taken to a nearby hospital for blood testing. The officer never attempted to secure a search warrant. McNeely refused to consent to the blood test, but the officer directed a lab technician to take a sample. McNeelys BAC tested well ...


Apr 17 2013

Kiobel Vs. Royal Dutch Petroleum Co.

Court: US Supreme Court

Decided on: Apr-17-2013

Kiobel v. Royal Dutch Petroleum Co. 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 KIOBEL, individually and on behalf of her late husband KIOBEL, et al. v. ROYAL DUTCH PETROLEUM CO. et al. certiorari to the united states court of appeals for the second circuit No. 101491.Argued February 28, 2012Reargued October 1, 2012Decided April 17, 2013 Petitioners, Nigerian nationals residing in the United States, filed suit in federal court under the Alien Tort Statute, alleging that respondentscertain Dutch, British, and Nigerian corporationsaided and abetted the Nigerian Government in committing violations of the law of nations in ...


Apr 16 2013

Us Airways, Inc. Vs. Mccutchen

Court: US Supreme Court

Decided on: Apr-16-2013

US Airways, Inc. v. McCutchen 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 US AIRWAYS, INC., in its capacity as fiduciary and plan administrator of the US AIRWAYS, INC. EMPLOYEE BENEFITS PLAN v. McCUTCHEN et al. certiorari to the united states court of appeals for the third circuit No. 111285.Argued November 27, 2012Decided April 16, 2013 The health benefits plan established by petitioner US Airways paid $66,866 in medical expenses for injuries suffered by respondent McCutchen, a US Airways employee, in a car accident caused by a third party. The plan entitled US Airways to reimbursement if McCutchen later recovered mone...


Apr 16 2013

Genesis Healthcare Corp. Vs. Symczyk

Court: US Supreme Court

Decided on: Apr-16-2013

Genesis HealthCare Corp. v. Symczyk 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 GENESIS HEALTHCARE CORP. et al. v. SYMCZYK certiorari to the united states court of appeals for the third circuit No. 111059.Argued December 3, 2012Decided April 16, 2013 Respondent brought a collective action under the Fair Labor Standards Act of 1938 (FLSA) on behalf of herself and other employees similarly situated. 29 U. S. C. 216(b). After she ignored petitioners offer of judgment under Federal Rule of Civil Procedure 68, the District Court, finding that no other individuals had joined her suit and that the Rule 68 offer fully satisfied...


Apr 01 2013

Marshall Vs. Rodgers

Court: US Supreme Court

Decided on: Apr-01-2013

Marshall v. Rodgers SUPREME COURT OF THE UNITED STATES JOHN MARSHALL, WARDEN v. OTIS LEE RODGERS on petition for writ of certiorari to the united states court of appeals for the ninth circuit No. 12382.Decided April 1, 2013     Per Curiam.     Respondent Otis Lee Rodgers, challenging his state con- viction, sought a writ of habeas corpus from the United States District Court for the Central District of California. He claimed the state courts violated his Sixth Amendment right to effective assistance of counsel by declining to ap- point an attorney to assist in filing a motion for a new trial notwithstanding his three prior waivers of the right to counseled representation. The District Court denied respondents petition, and he appealed to the Court of Appeals for the Ninth Circuit, which granted habeas relief. 678 F. 3d 1149, 1163 (2012). Because the Court of Appeals erred in concluding that respondents claim is supported by clearly establ...


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