Supreme Court - Sliplists, 551 U. S., Part 1

551 U. S., Part 1

Tennessee Secondary School Athletic Assn. v. Brentwood Academy, 551 U. S. ___ (2007)

R065; No. 06-427; 6/21/07. Petitioner athletic league’s enforcement of its rule prohibiting high school coaches from recruiting middle school athletes does not violate the First Amendment.

Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U. S. ___ (2007)

R066; No. 06-484; 6/21/07. To qualify as "strong" within the intendment of §21D(b)(2) of the Private Securities Litigation Reform Act of 1995, an inference of scienter must be more than merely plausible or reasonable--it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent.

Rita v. United States, 551 U. S. ___ (2007)

R067; No. 06-5754; 6/21/07. A court of appeals may apply a presumption of reasonableness to a district court sentence within the Federal Guidelines range; here, the District Court’s sentence was reasonable, and the Fourth Circuit, after applying the presumption, was legally correct in holding that the sentence was not unreasonable.

Uttecht v. Brown, 551 U. S. 1 (2007)

R049; No. 06-413; 6/4/07. In holding that a state court erred in excusing a juror for being substantially impaired in his ability to impose the death penalty, the Ninth Circuit failed to accord proper deference to the trial court’s determination of the juror’s demeanor and qualifications.

Safeco Ins. Co. of America v. Burr, 551 U. S. ___ (2007)

R050; No. 06-84; 6/4/07. Willful failure to provide notice to any consumer subjected to adverse action based on information in a consumer credit report under the Fair Credit Reporting Act covers a violation in reckless disregard of the notice obligation; GEICO did not violate the statute, and while Safeco might have, it did not act recklessly.

Sole v. Wyner, 551 U. S. ___ (2007)

R051; No. 06-531; 6/4/07. For purposes of an attorney’s fees award under 42 U. S. C. §1988(b), prevailing party status does not attend achievement of a preliminary injunction that is reversed, dissolved, or otherwise undone by the final decision in the same case.

Claiborne v. United States, 551 U. S. ___ (2007) (per curiam)

R052; No. 06-5618; 6/4/07. Because petitioner has died, the Eighth Circuit’s judgment is vacated as moot.

Erickson v. Pardus, 551 U. S. ___ (2007) (per curiam)

R053; No. 06-7317; 6/4/07. Under the liberal pleading standards of Federal Rule of Civil Procedure 8(a)(2), the Tenth Circuit erred in concluding that petitioner’s complaint was properly dismissed because his allegations concerning harm caused him by respondent state prison officials’ termination of his medication were too "conclusory."

Beck v. PACE Int’l Union, 551 U. S. ___ (2007)

R054; No. 05-1448; 6/11/07. Because plan merger is not a permissible method of terminating pension plans under the Employee Retirement Income Security Act of 1974, employers who sponsored and administered single-employer defined-benefit plans did not breach their fiduciary obligations to plan participants and beneficiaries by failing to consider respondent union’s proposal to terminate those plans by merging them with the union’s multiemployer plan.

Fry v. Pliler, 551 U. S. ___ (2007)

R055; No. 06-5247; 6/11/07. In 28 U. S. C. §2254 proceedings, a federal habeas court must assess the prejudicial impact of constitutional error in a state-court criminal trial under the "substantial and injurious effect" standard set forth in Brecht v. Abrahamson, 507 U. S. 619, whether or not the state appellate court recognized the error and reviewed it for harmlessness under the "harmless beyond a reasonable doubt" standard set forth in Chapman v. California, 386 U. S. 18.

United States v. Atlantic Research Corp., 551 U. S. ___ (2007)

R056; No. 06-562; 6/11/07. The plain terms of §107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 allow a so-called potentially responsible party (PRP) to recover from other PRPs costs associated with cleaning up contaminated sites.

Watson v. Philip Morris Cos., 551 U. S. ___ (2007)

R057; No. 05-1284; 6/11/07. The fact that a federal agency directs, supervises, and monitors a company’s activities in considerable detail does not bring that company within the scope of the federal officer removal statute, which permits the removal to federal district court of a state-court action against "any officer (or any person acting under that officer) of the United States or of any agency thereof," 28 U. S. C. §1442(a)(1).

Long Island Care at Home, Ltd. v. Coke, 551 U. S. ___ (2007)

R058; No. 06-593; 6/11/07. The Labor Department’s "third-party regulation"-which includes "companionship" workers "employed by an . . . agency other than the family or household using their services," 29 CFR §552.109(a), within the Fair Labor Standards Act’s minimum-wage/maximum-hours exemption for persons "employed in domestic service . . . to provide companionship services for individuals . . . unable to care for themselves," 29 U. S. C. §213(a)(15)" is valid and binding.

Davenport v. Washington Ed. Assn., 551 U. S. ___ (2007)

R059; No. 05-1589; 6/14/07. It does not violate the First Amendment for a State to require its public-sector unions to receive affirmative authorization from a nonmember before spending that nonmember’s agency fees for election-related purposes.

Permanent Mission of India to United Nations v. City of New York, 551 U. S. ___ (2007)

R060; No. 06-134; 6/14/07. The Foreign Sovereign Immunities Act of 1976 does not immunize a foreign government from a lawsuit to declare the validity of tax liens on property held by the sovereign for the purpose of housing its employees.

Bowles v. Russell, 551 U. S. ___ (2007)

R061; No. 06-5306; 6/14/07. Because Congress specifically limited to 14 days the time by which district courts can extend the notice-of-appeal filing period in 28 U. S. C. §2107(c), petitioner Bowles’ failure to file his notice in accordance with the statute deprived the Sixth Circuit of jurisdiction, even though he filed within the 17-day extension granted by the District Court.

Powerex Corp. v. Reliant Energy Services, Inc., 551 U. S. ___ (2007)

R062; No. 05-85; 6/18/07. Title 28 U. S. C. §1447(d), which provides that "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise," bars appellate consideration of petitioner's claim that it is a foreign state for purposes of the Foreign Sovereign Immunities Act of 1976.

Brendlin v. California, 551 U. S. ___ (2007)

R063; No. 06-8120; 6/18/07. When police make a traffic stop, a passenger in the car, like the driver, is seized for Fourth Amendment purposes and so may challenge the stop's constitutionality.

Credit Suisse Securities (USA) LLC v. Billing, 551 U. S. ___ (2007)

R064; No. 05-1157; 6/18/07. The securities law implicitly precludes the application of the antitrust laws to the conduct alleged in this case, i.e., that investment banks committed antitrust violations in executing initial public offerings for technology-related companies.

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Last Updated: June 21, 2007
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