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Name Category Published
Pitzer College v. Indian Harbor Insurance Company
Order
Jan. 16, 2017
Ames v. Kings County
Officer entitled to qualified immunity where life-threatening situation makes reasonable use of force to ensure proper medical care.
Constitutional Law Jan. 16, 2017
Kum Tat Ltd. v. Linden Ox Pasture LLC
Interlocutory appeal from order denying motion to compel arbitration dismissed for lack of jurisdiction, where motion relies on state law and does not invoke Federal Arbitration Act.
Arbitration Jan. 16, 2017
Okafor v. United States
Last minute filing of claim to thousands of dollars taken by civil forfeiture does not constitute 'extraordinary circumstance' meriting equitable tolling of filing date.
Civil Procedure Jan. 16, 2017
Bareno v. San Diego Community College District
Summary judgment in favor of employer reversed, where material issues remain in dispute with respect to whether employee was retaliated against for taking medical leave.
Employment Law Jan. 16, 2017
Sandoz Inc. v. Amgen Inc.
Whether notice of commercial marketing given before FDA approval can be effective and whether, in any event, treating Section 262(l)(8)(A) as a standalone requirement and creating an injunctive remedy that delays all biosimilars by 180 days after approval is improper.
Jan. 16, 2017
Amgen Inc. v. Sandoz Inc.
Is an Applicant required by 42 U.S.C. section 262(l)(2)(A) to provide the Sponsor with a copy of its biologics license application and related manufacturing information, which the statute says the Applicant "shall provide," and, where an Applicant fails to provide that required information, is the Sponsor's sole recourse to commence a declaratory-judgment action under 42 U.S.C. section 262(l)(9)(C) and/or a patent-infringement action under 35 U.S.C. section 271 (e)(2)(C)(ii)?
Jan. 16, 2017
Weaver v. Massachusetts
Whether a defendant asserting ineffective assistance that results in a structural error must, in addition to demonstrating deficient performance, show that he was prejudiced by counsel's ineffectiveness, as held by four circuits and five state courts of last resort; or whether prejudice is presumed in such cases, as held by four other circuits and two state high courts.
Jan. 16, 2017
Epic Systems Corp.
Whether an agreement that requires an employer and an employee to resolve employment-related disputes through individual arbitration, and waive class and collective proceedings, is enforceable under the Federal Arbitration Act, notwithstanding the provisions of the National Labor Relations Act.
Jan. 16, 2017
Ernst & Young v. Morris
Whether the collective-bargaining provisions of the National Labor Relations Act prohibit the enforcement under the Federal Arbitration Act of an agreement requiring an employee to arbitrate claims against an employer on an individual, rather than collective, basis.
Jan. 16, 2017
NLRB v. Murphy Oil USA
Whether arbitration agreements with individual employees that bar them from pursuing work-related claims on a collective or class basis in any forum are prohibited as an unfair labor practice under 29 U.S.C. 158(a)(1), because they limit the employees' right under the National Labor Relations Act to engage in "concerted activities" in pursuit of their "mutual aid or protection," 29 U.S.C. 157, and are therefore unenforceable under the saving clause of the Federal Arbitration Act, 9 U.S.C. 2.
Jan. 16, 2017
Nat'l Ass'n of Manufacturers v. Dept. of Defense
whether the Sixth Circuit erred when it held that it has jurisdiction under 33 U.S.C. section 1369(b)(1)(F) to decide petitions to review the waters of the United States rule, even though the rule does not "issu[e] or den[y] any permit" but instead defines the waters that fall within Clean Water Act jurisdiction.
Jan. 16, 2017
Maslenjak v. U.S.
Whether the Sixth Circuit erred by holding, in direct conflict with the First, Fourth, Seventh, and Ninth Circuits, that a naturalized American citizen can be stripped of her citizenship in a criminal proceeding based on an immaterial false statement.
Jan. 16, 2017
Henson v. Santander Consumer USA
Whether a company that regularly attempts to collect debts it purchased after the debts had fallen into default is a "debt collector" subject to the Fair Debt Collection Practices Act?
Jan. 16, 2017
California Public Employee's Retirement v. ANZ Securities
1. Does the filing of a putative class action serve, under the American Pipe rule, to satisfy the three-year time limitation in Section 13 of the Securities Act with respect to the claims of putative class members? (Question granted in IndyMac )
Jan. 16, 2017
Perry v. Merit Systems Protection Board
Whether an MSPB decision disposing of a "mixed" case on jurisdictional grounds is subject to judicial review in district court or in the U.S. Court of Appeals for the Federal Circuit.
Jan. 16, 2017
BNSF Railway v. Tyrrell
Whether a state court may decline to follow this Court's decision in Daimler AG u. Bauman, which held that the Due Process Clause forbids a state court from exercising general personal jurisdiction over a defendant that is not at home in the forum state, in a suit against an American defendant under the Federal Employers' Liability Act.
Jan. 16, 2017
Kokesh v. SEC
Does the five-year statute of limitations in 28 U.S.C. section 2462 apply to claims for "disgorgement"?
Jan. 16, 2017
Town of Chester, NY v. Laroe Estates Inc.
Whether intervenors participating in a lawsuit as of right under Federal Rule of Civil Procedure 24(a) must have Article III standing (as three circuits have held), or whether Article III is satisfied so long as there is a valid case or controversy between the named parties (as seven circuits have held).
Jan. 16, 2017
McWilliams v. Dunn
When this Court held in Ake that an indigent defendant is entitled to meaningful expert assistance for the "evaluation, preparation, and presentation of the defense," did it clearly establish that the expert should be independent of the prosecution?
Jan. 16, 2017
Davila v. Davis
Does the rule established in Martinez v. Ryan, 132 S.Ct. 1309 (2012) and Trevino v. Thaler, 133 S. Ct. 1911, 1921 (2013), that ineffective state habeas counsel can be seen as cause to overcome the procedural default of a substantial ineffective assistance of trial counsel claim, also apply to procedurally defaulted, but substantial, ineffective assistance of appellate counsel claims?
Jan. 16, 2017
People v. Gudino
Order
Jan. 12, 2017
In Re Q.H.
Order
Jan. 12, 2017
People v. Lecou
Order
Jan. 12, 2017
People v. Lout
Order
Jan. 12, 2017
People v. Mills
Order
Jan. 12, 2017
People v. Ortiz
Order
Jan. 12, 2017
People v. Pargas
Order
Jan. 12, 2017
People v. Penilla
Order
Jan. 12, 2017
People v. Perez
Order
Jan. 12, 2017