Supreme Court - Sliplists, 554 U. S., Part 1

554 U. S., Part 1

Dada v. Mukasey, 554 U. S. ___ (2008)

R056; No. 06-1181; 6/16/08. An alien must be permitted an opportunity to withdraw a motion for voluntary departure from the United States, provided the request is made before expiration of the departure period.

Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc., 554 U. S. ___ (2008)

R057; No. 07-312; 6/16/08. Because §1146(a) of the Bankruptcy Code affords a stamp-tax exemption only to asset transfers made pursuant to a Chapter 11 plan that has been confirmed, respondent may not rely on that provision to avoid Florida’s stamp taxes on the preconfirmation sale of its assets.

Chamber of Commerce of United States v. Brown, 554 U. S. ___ (2008)

R058; No. 06-939; 6/19/08. California statutes prohibiting employers who receive state grants or more than $10,000 in state program funds per year from using the funds “to assist, promote, or deter union organizing” are pre-empted by the National Labor Relations Act under Machinists v. Wisconsin Employment Relations Comm’n, 427 U. S. 132, 140.

Meacham v. Knolls Atomic Power Laboratory, 554 U. S. ___ (2008)

R059; No. 06-1505; 6/19/08. An employer defending a disparate-impact claim under the Age Discrimination in Employment Act of 1967 bears both the burden of production and the burden of persuasion for the “reasonable factors other than age” affirmative defense under 29 U. S. C. §623(f)(1).

Metropolitan Life Ins. Co. v. Glenn,, 554 U. S. ___ (2008)

R060; No. 06-923; 6/19/08. A company’s dual role of both evaluating an employees’ claim for benefits from a plan covered by the Employee Retirement Income Security Act of 1974 and paying those benefit out of its own pocket creates a conflict of interest that a reviewing court should consider as a factor in determining whether the plan administrator has abused its discretion in denying benefits; that factor’s significance will depend on the circumstances of the particular case.

Kentucky Retirement Systems v. EEOC, 554 U. S. ___ (2008)

R061; No. 06-1037; 6/19/08. Kentucky’s disability retirement system does not discriminate against workers who become disabled after becoming eligible for retirement based on age and thus does not violate the Age Discrimination in Employment Act of 1967.

Indiana v. Edwards, 554 U. S. ___ (2008)

R062; No. 07-208; 6/19/08. The Constitution does not forbid States from insisting upon representation by counsel for those criminal defendants competent enough to stand trial but who suffer from severe mental illness to the point where they are not competent to conduct trial proceedings by themselves.

Rothgery v. Gillespie County, 554 U. S. ___ (2008)

R063; No. 07-440; 6/23/08. A criminal defendant’s initial appearance before a magistrate judge, where he learns the charge against him and his liberty is subject to restriction, marks the initiation of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel. Attachment does not also require that a prosecutor (as distinct from a police officer) be aware of that initial proceeding or involved in its conduct.

Greenlaw v. United States, 554 U. S. ___ (2008)

R064; No. 07-330; 6/23/08. Absent a Government appeal or cross-appeal, the Eighth Circuit could not, on its own initiative, order an increase in petitioner’s sentence.

Sprint Communications Co. v. APCC Services, Inc., 554 U. S. ___ (2008)

R065; No. 07-552; 6/23/08. An assignee of a legal claim for money owed has standing to pursue that claim in federal court, even when the assignee has promised to remit the proceeds of the litigation to the assignor.

Search Tip: Use the binocular icons to search within PDF documents.

(To view PDF files) Adobe Access PDF to HTML conversion

Last Updated: June 23, 2008
Page Name: http://www.supremecourtus.gov/opinions/sliplists/s553pt2.html