Supreme Court - Sliplists, 547 U. S., Part 2

547 U. S., Part 2

DaimlerChrysler Corp. v. Cuno, 547 U. S. __ (2006)

R053; No. 04-1704; 5/15/06. Plaintiff taxpayers have not established their standing to challenge a state franchise tax credit; because they have no standing to challenge that credit, the lower courts erred by considering their claims on the merits.

Sereboff v. Mid Atlantic Medical Services, Inc., 547 U. S. __ (2006)

R054; No. 05-260; 5/15/06. The action filed by respondent, a fiduciary under the Employee Retirement Income Security Act of 1974, for reimbursement of medical expenses that petitioner beneficiaries had recovered for their injuries from a third party properly sought "equitable relief" under ERISA �2(a)(3).

S. D. Warren Co. v. Maine Bd. of Environmental Protection, 547 U. S. __ (2006)

R055; No. 04-1527; 5/15/06. Because a hydroelectric dam raises a potential for a "discharge into the navigable waters" of the United States under �1 of the Clean Water Act, the federal license to operate petitioner's dams requires state certification that water protection laws will not be violated.

eBay Inc. v. MercExchange, L. L. C., 547 U. S. __ (2006)

R056; No. 05-130; 5/15/06. The traditional four-factor test applied by courts of equity when considering whether to award permanent injunctive relief to a prevailing plaintiff applies to disputes arising under the Patent Act.

Brigham City v. Stuart, 547 U. S. __ (2006)

R057; No. 05-502; 5/22/06. Police may enter a home without a warrant when they have an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.

Garcetti v. Ceballos, 547 U. S. ___ (2006)

R058; No. 04-473; 5/30/06. When public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.

Anza v. Ideal Steel Supply Corp., 547 U. S. ___ (2006)

R059; No. 04-433; 6/05/06. Respondent cannot maintain a Racketeer Influenced and Corrupt Organizations Act claim against petitioners under 18 U. S. C. �62(c) because it has not shown proximate cause between the injury asserted and the injurious conduct alleged; the Second Circuit must on remand determine whether the proximate cause requirement is met with respect to respondent's �62(a) claim.

Zedner v. United States, 547 U. S. ___ (2006)

R060; No. 05-5992; 6/05/06. A defendant may not prospectively waive the application of the Speedy Trial Act of 1974, which generally requires criminal trials to start within 70 days of indictment; petitioner is not estopped from challenging the exclusion of a 91-day delay from the 70-day period; the District Court's decision to exclude that delay is not subject to harmless-error review; the Act was violated because the 91-day delay exceeded the 70 days permitted by the Act.

Whitman v. Department of Transportation, 547 U. S. ___ (2006)

R061; No. 04-1131; 6/05/06. Case remanded for the Ninth Circuit to address whether the Federal Aviation Administration's actions against petitioner FAA employee constitute a "prohibited personnel practice," see 5 U. S. C. �02(b); 49 U. S. C. �122(g)(2)(A), as well as other issues raised here but not decided below, resolution of which may obviate the need to decide the ultimate preclusion issue.

Mohawk Industries, Inc. v. Williams, 547 U. S. ___ (2006)

R062; No. 05-465; 6/05/06. Partial grant of certiorari dismissed as improvidently granted; certiorari granted; judgment vacated and case remanded to the Eleventh Circuit for further consideration in light of Anza v. Ideal Steel Supply Corp., supra.

House v. Bell, 547 U. S. ___ (2006)

R063; No. 04-8990; 6/12/06. Because House has made the stringent showing required by the actual-innocence exception to the state procedural default rule, his federal habeas corpus action may proceed.

Hill v. McDonough, 547 U. S. ___ (2006)

R064; No. 05-8794; 6/12/06. Because Hill's action claiming the lethal injection procedure Florida likely would use on him could cause him severe pain and thereby violate the Eighth Amendment's cruel and unusual punishments prohibition is comparable in its essentials to the 42 U. S. C. �83 action the Court allowed to proceed in Nelson v. Campbell, 541 U. S. 637, it does not have to be brought in habeas corpus, but may proceed under �83.

Hudson v. Michigan, 547 U. S. ___ (2006)

R065; No. 04-1360; 6/15/06. Violation of the knock-and-announce rule does not require suppression of evidence found in a search.

Kircher v. Putnam Funds Trust, 547 U. S. ___ (2006)

R066; No. 05-409; 6/15/06. Federal district-court orders remanding removed securities class actions to state court for want of preclusion under the Securities Litigation Uniform Standards Act of 1998 are subject to 28 U. S. C. �47(d), which makes remand orders unreviewable on appeal.

Howard Delivery Service, Inc. v. Zurich American Ins. Co., 547 U. S. ___ (2006)

R067; No. 05-128; 6/15/06. Insurance carriers' claims for unpaid workers' compensation premiums owed by an employer fall outside the priority, among unsecured creditors' claims, that the Bankruptcy Code allows for unpaid contributions to "an employee benefit plan," 11 U. S. C. �7(a)(5).

Empire HealthChoice Assurance, Inc. v. McVeigh, 547 U. S. ___ (2006)

R068; No. 05-200; 6/15/06. Title 28 U. S. C. �31-which authorizes federal jurisdiction over "civil actions arising under the . . . laws . . . of the United States"-does not encompass a federal suit by a health-care plan providing benefits under the Federal Employees Health Benefits Act of 1959 for reimbursement of medical bills the plan paid on behalf of a plan beneficiary who, injured in an accident, recovered damages (unaided by the plan administrator) in a state-court tort action against a third party alleged to have caused the accident.

Rapanos v. United States, 547 U. S. ___ (2006)

R069; No. 04-1034; 6/19/06. The Sixth Circuit's judgments that petitioners' wetlands were adjacent to navigable waters and thus covered by the Clean Water Act are vacated, and the cases are remanded.

Davis v. Washington, 547 U. S. ___ (2006)

R070; No. 05-5224; 6/19/06. For Confrontation Clause purposes, statements made during police interrogation under circumstances objectively indicating that the interrogation's primary purpose is to enable police assistance to meet an ongoing emergency are nontestimonial; they are testimonial when the circumstances objectively indicate that there is no such emergency, and that the interrogation's primary purpose is to establish or prove past events potentially relevant to later criminal prosecution. Thus, statements identifying petitioner Davis as the assailant during a 911 call were not testimonial, but statements made by petitioner Hammon's wife to police after he allegedly battered her were testimonial and properly excluded because he did not have the opportunity to cross-examine her, unless he coerced her failure to testify.

Samson v. California, 547 U. S. ___ (2006)

R071; No. 04-9728; 6/19/06. The Fourth Amendment does not prohibit a police officer from conducting a suspicionless search of a parolee.

Youngblood v. West Virginia, 547 U. S. ___ (2006)

R072; No. 05-6997; 6/19/06. Certiorari granted, judgment vacated, and case remanded to the Supreme Court of Appeals of West Virginia for the views of the full court on the federal constitutional claim under Brady v. Maryland, 373 U. S. 83, that petitioner clearly presented there.

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

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

Last Updated: June 19, 2006
Page Name: http://www.supremecourtus.gov/opinions/sliplists/s547pt2.html