Supreme Court - Sliplists, 550 U. S., Part 2

550 U. S., Part 2

United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority, 550 U. S. __ (2007)

R036; No. 05-1345; 04/30/07. Respondent Counties' flow control ordinances requiring trash haulers to deliver solid waste to particular waste processing facilities owned by respondent Authority treat in-state private business interests exactly the same as out-of-state ones and do not discriminate against interstate commerce.

Scott v. Harris, 550 U. S. __ (2007)

R037; No. 05-1631; 04/30/07. Because the car chase respondent motorist initiated posed a substantial and immediate risk of serious physical injury to others, Deputy Scott's attempt to terminate the chase by forcing respondent off the road was reasonable, and Scott is entitled to summary judgment in this 42 U. S. C. �83 suit.

KSR Int'l Co. v. Teleflex Inc., 550 U. S. __ (2007)

R038; No. 04-1350; 04/30/07. The Federal Circuit's holding that a claimed invention cannot be held "obvious," and thus unpatentable under 35 U. S. C. �3(a), absent some proven "teaching, suggestion, or motivation" that would have led a person of ordinary skill in the art to combine the relevant prior art teachings in the manner claimed, addressed the obviousness question in a narrow, rigid manner that is inconsistent with �3 and this Court's precedents.

EC Term of Years Trust v. United States, 550 U. S. __ (2007)

R039; No. 05-1541; 04/30/07. In a challenge to the Internal Revenue Service's levy upon funds of petitioner Trust to collect taxes owed by another, the Trust may not bring a tax refund action under 28 U. S. C. �46(a)(1), which has a 2-year limitations period, when it had an opportunity to utilize the wrongful levy procedure set forth in 26 U. S. C. �26(a)(1), but missed that statute's 9-month deadline.

Microsoft Corp. v. AT&T Corp., 550 U. S. __ (2007)

R040; No. 05-1056; 04/30/07. Because Microsoft does not export from the United States the copies of its Windows operating system that are installed on the foreign-made computers in question, Microsoft does not "suppl[y] . . . from the United States" "components" of those computers, and therefore is not liable to AT&T for patent infringement under 35 U. S. C. �1(f) as currently written.

Schriro v. Landrigan, 550 U. S. __ (2007)

R041; No. 05-1575; 05/14/07. The District Court did not abuse its discretion in refusing to grant an evidentiary hearing to respondent federal habeas applicant on the ground that he could not make out a colorable ineffective-assistance-of-counsel claim.

Hinck v. United States, 550 U. S. __ (2007)

R042; No. 06-376; 05/21/07. The Tax Court provides the exclusive forum for judicial review of a failure to abate, under 26 U. S. C. �04(e)(1), interest accrued on unpaid income taxes.

Office of Sen. Mark Dayton v. Hanson, 550 U. S. __ (2007)

R043; No. 06-618; 05/21/07. The appeal is dismissed because, absent a constitutional holding below, this Court lacks jurisdiction under 2 U. S. C. �12, which authorizes direct review here of "any . . . judgment . . . upon the constitutionality of any provision" of the Congressional Accountability Act of 1995; treating the jurisdictional statement as a certiorari petition, the petition is denied.

Winkelman v. Parma City School Dist., 550 U. S. __ (2007)

R044; No. 05-983; 05/21/07. The Individuals with Disabilities Education Act grants parents independent, enforceable rights, which encompass the entitlement to a free appropriate public education for their child; because parents enjoying such rights are entitled to prosecute claims on their own behalf, the Sixth Circuit erred in dismissing petitioner parents' appeal for lack of counsel.

Bell Atlantic Corp. v. Twombly, 550 U. S. __ (2007)

R045; No. 05-1126; 05/21/07. Stating a claim under �of the Sherman Act requires a complaint with enough factual matter (taken as true) to suggest that an agreement was made; an allegation of parallel conduct and a bare assertion of conspiracy will not suffice. Under this standard, respondents' claim of conspiracy in restraint of trade by petitioner telecommunications firms comes up short.

Roper v. Weaver, 550 U. S. __ (2007) (per curiam)

R046; No. 06-313; 05/21/07. Certiorari to test whether the Eighth Circuit's application of the stringent review standard mandated by the Antiterrorism and Effective Death Penalty Act of 1996 was consistent with this Court's interpretation of that statute is dismissed as improvidently granted because the District Court erroneously dismissed respondent's original habeas petition filed before AEDPA's effective date.

Los Angeles County v. Rettele, 550 U. S. __ (2007) (per curiam)

R047; No. 06-605; 05/21/07. The Fourth Amendment was not violated where respondents' house was searched by deputies executing a valid warrant for possibly armed suspects of a race different from respondents', and the officers ordered the sleeping respondents out of bed and required them to stand unclothed for a few minutes while the premises were secured.

Ledbetter v. Goodyear Tire & Rubber Co., 550 U. S. __ (2007)

R048; No. 05-1074; 5/29/07. Because the later effects of past discrimination do not restart the clock for filing a charge with the Equal Employment Opportunity Commission under Title VII of the Civil Rights Act of 1964, Ledbetter抯 claim was untimely when it was filed more than 180 days after the alleged discriminatory pay decisions, even though her subsequent pay continued to be affected by those decisions.

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Last Updated: May 29, 2007
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