Supreme Court - Sliplists, 549 U. S., Part 2

549 U. S., Part 2

Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., 549 U. S. __ (2007)

R015; No. 05-381; 02/20/07. The test applied to predatory-pricing claims in Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U. S. 209, also applies to predatory-bidding claims brought under �of the Sherman Act.

Lawrence v. Florida, 549 U. S. __ (2007)

R016; No. 05-8820; 02/20/07. Title 28 �44(d)(2) does not toll the 1-year statute of limitations for seeking federal habeas relief from a state-court judgment during the pendency of a certiorari petition in this Court; Lawrence falls far short of showing "extraordinary circumstances" necessary to support equitable tolling of his otherwise untimely claims.

Philip Morris USA v. Williams, 549 U. S. __ (2007)

R017; No. 05-1256; 02/20/07. A punitive damages award based in part on a jury's desire to punish a defendant for harming nonparties amounts to a taking of property from the defendant without due process.

Marrama v. Citizens Bank of Mass., 549 U. S. __ (2007)

R018; No. 05-996; 02/21/07. Because Marrama's petition under Chapter 7 of the Bankruptcy Code misrepresented the value of his property and that he had not transferred it during the preceding year, he forfeited his right to convert the case to Chapter 13.

Wallace v. Kato, 549 U. S. __ (2007)

R019; No. 05-1240; 02/21/07. The statute of limitations upon a 42 U. S. C. �83 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process.

Whorton v. Bockting, 549 U. S. __ (2007)

R020; No. 05-595; 02/28/07. The holding of Crawford v. Washington, 541 U. S. 36, 59-that "testimonial statements of witnesses absent from trial" are admissible "only where the declarant is unavailable, and only where the defendant has had a prior opportunity to cross-examine [the witness]"-is a new rule of criminal procedure that does not fall within the Teague v. Lane, 489 U. S. 288, exception for watershed rules that apply retroactively to cases on collateral review.

Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp., 549 U. S. __ (2007)

R021; No. 06-102; 02/28/07. A federal district court has discretion to respond at once to a defendant's forum non conveniens plea, and need not take up first any other threshold objection; in particular, the court need not resolve whether it has authority to adjudicate the cause (subject-matter jurisdiction) or personal jurisdiction over the defendant if it determines that, in any event, a foreign tribunal is the more suitable arbiter of the merits of the case.

Lance v. Coffman, 549 U. S. __ (2007) (per curiam)

R022; No. 06-641; 02/28/07. Because petitioner Colorado voters assert no particularized stake in this litigation, they lack standing to bring their claim that a provision of the Colorado Constitution, as interpreted by the State Supreme Court, violated the Elections Clause of the U. S. Constitution by depriving the state legislature of its responsibility to draw congressional districts.

Travelers Casualty & Surety Co. of America v. Pacific Gas & Elec. Co., 549 U. S. __ (2007)

R023; No. 05-1429; 3/20/07. Federal bankruptcy law does not disallow contract-based claims for attorney抯 fees based solely on the fact that the fees at issue were incurred litigating bankruptcy law issues.

Rockwell Int'l Corp. v. United States, 549 U. S. __ (2007)

R024; No. 05-1272; 3/27/07. Respondent Stone does not meet the False Claims Act's jurisdictional requirement that he be the original source of the information upon which his qui tam suit's allegations were based; the Government's intervention did not provide an independent basis of jurisdiction with respect to Stone.

Limtiaco v. Camacho, 549 U. S. __ (2007)

R025; No. 06-116; 3/27/07. The debt limitation contained in Guam's Organic Act, which limits the Territory's public indebtedness to 10% of the "aggregate tax valuation of the property in Guam," 48 U. S. C. �23a, must be calculated according to the assessed, not the appraised, valuation of property.

Massachusetts v. EPA, 549 U. S. __ (2007)

R026; No. 05-1120; 4/02/07. Petitioners have standing to challenge the Environmental Protection Agency's denial of their petition to begin regulating new-motor-vehicle greenhouse-gas emissions under the Clean Air Act; because such gases fit well within the Act's capacious definition of "air pollutant," the EPA has statutory authority to regulate their emissions, and its refusal to do so rested on impermissible considerations and was "arbitrary, capricious, or otherwise not in accordance with law," 42 U. S. C. �07(d)(9).

Environmental Defense v. Duke Energy Corp., 549 U. S. __ (2007)

R027; No. 05-848; 4/02/07. The Fourth Circuit's reading of the Environmental Protection Agency's Prevention of Significant Deterioration regulations in an effort to conform them with their New Source Performance Standards counterparts as to the Clean Air Act's term "modification" amounted to the invalidation of the PSD regulations, which must comport with the Act's limits on judicial review of EPA regulations for validity.

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Last Updated: April 2, 2007
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