Hemi Group, LLC v. City of New York, 559 U. S. 1 ___ (2010)
R020; No. 08-969; 1/25/10. New York City cannot state a claim under the
Racketeer Influenced and Corrupt Organizations Act because it cannot show that it
lost cigarette tax revenue "by reason of" a RICO violation by Hemi
Group, a New Mexico-based online seller of cigarettes, which had no obligation to
charge, collect, or remit the City's tax on sales to city residents, but had
simply failed to submit customer information to New York State as required by the
federal Jenkins Act.
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Briscoe v. Virginia, 559 U. S. 1 ___ (2010)
R021; No. 07-11191; 1/25/10. The Virginia Supreme Court's judgment is
vacated and the case is remanded in light of Melendez-Diaz v.
Massachusetts, 557 U. S. ___.
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Wilkins v. Gaddy, 559 U. S. 1 ___ (2010) (per curiam)
R022; No. 08-10914; 2/22/10. The District Court's decision, affirmed on appeal,
to dismiss a prisoner's excessive force claim based entirely on its determination that
his injuries were de minimis is at odds with the direction in Hudson v.
McMillian, 503 U. S. 1, to decide excessive force claims based on the nature of
the force rather than the extent of the injury.
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Thaler v. Haynes, 559 U. S. 1 ___ (2010) (per curiam)
R023; No. 09-273; 2/22/10. No decision of this Court clearly establishes a categorical
rule that a judge, in ruling on the objection to a peremptory challenge under Batson v.
Kentucky, 476 U. S. 79, must reject a demeanor-based explanation for the challenge
unless the judge personally observed and recalls the aspect of the prospective juror's
demeanor on which the explanation is based; and by apparently concluding that either
Batson itself or Snyder v. Louisiana, 552 U. S. 472, clearly
established such a rule, the Fifth Circuit read far too much into those decisions.
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Florida v. Powell, 559 U. S. 1 ___ (2010)
R024; No. 08-1175; 2/23/10. Police advice that a suspect has "the right to
talk to a lawyer before answering any of [the officers'] questions," and that
he can invoke this right "at any time . . . during th[e] interview,"
satisfies Miranda v. Arizona, 384 U. S. 436.
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Hertz Corp. v. Friend, 559 U. S. 1 ___ (2010)
R025; No. 08-1107; 2/23/10. The phrase "principal place of business"
in the federal diversity jurisdiction statute, 28 U. S. C. §1332(c)(1),
refers to the place where a corporation's high level officers direct, control, and
coordinate the corporation's activities, i.e., its "nerve center,"
which will typically be found at its corporation's headquarters.
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Maryland v. Shatzer, 559 U. S. 1 ___ (2010)
R026; No. 08-680; 2/24/10. Because Shatzer experienced a break in Miranda custody
lasting more than two weeks between the first and second attempts at interrogation,
Edwards v. Arizona, 51 U. S. 477, does not mandate suppression of the
statements made at his second interrogation.
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Kiyemba v. Obama, 559 U. S. 1 ___ (2010) (per curiam)
R027; No. 08-1234; 3/1/10. This habeas case is remanded to the Court of Appeals for
a determination, in the first instance, what further proceedings in that court or in the District
Court are necessary and appropriate for the full and prompt disposition of this case in light
of the new developments that most of the Guantanamo Bay detainees at issue have accepted
resettlement offers in other countries, while a few have rejected such offers.
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Johnson v. United States, 559 U. S. 1 ___ (2010)
R028; No. 08-6925; 3/2/10. The Florida felony offense of battery by "[a]ctually
and intentionally touch[ing]" another person, Fla. Stat. §784.03(1)(a), (2), does not
have "as an element the use . . . of physical force against the person of another,"
18 U. S. C. §924(e)(2)(B)(i), and thus does not constitute a "violent
felony" for sentence enhancement purposes under §924(e)(1).
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Reed Elsevier, Inc. v. Muchnick, 559 U. S. 1 ___ (2010)
R029; No. 08-103; 3/2/10. Title 17 U. S. C. A. §411(a)'s registration
requirement is a precondition to filing a copyright infringement claim; a copyright holder's
failure to comply with that requirement does not restrict a federal court's subject-matter
jurisdiction over infringement claims involving unregistered works.
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Mac's Shell Service, Inc. v. Shell Oil Products Co., 559 U. S. 1 ___ (2010)
R030; No. 08-240; 3/2/10. Under the Petroleum Marketing Practices Act, a service-station
franchisee cannot recover for constructive termination of its franchise if the franchisor's
allegedly wrongful conduct did not compel the franchisee to abandon the franchise; and a franchisee
who signs and operates under a renewal agreement with a franchisor may not maintain a claim that
the franchisor constructively failed to renew its franchise relationship.
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Bloate v. United States, 559 U. S. 1 ___ (2010)
R031; No. 08-728; 3/8/10. Under the Speedy Trial Act of 1974--which requires a criminal
defendant's trial to commence within 70 days of his indictment or initial appearance, 18 U. S. C.
§3161(c)(1), entitles him to dismissal of the charges if that deadline is not met, §3162(a)(2),
and excludes certain types of delay from the 70-day period--the time granted to prepare pretrial
motions is not automatically excludable under §3161(h)(1), but may be excluded only when a district
court grants a continuance based on appropriate findings under §3161(h)(7).
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Milavetz, Gallop & Milavetz, P. A. v. United States, 559 U. S. 1 ___ (2010)
R032; No. 08-1119; 3/8/10. Under the Bankruptcy Abuse Prevention and Consumer Protection Act
of 2005, which amended the Bankruptcy Code as to debt relief agencies, attorneys providing bankruptcy
assistance to specified persons are debt relief agencies; 11 U. S. C. §526(a)(4) prohibits
a debt relief agency only from advising a debtor to incur more debt because the debtor is filing for
bankruptcy, rather than for a valid purpose; and §528's disclosure requirements for
debt-relief-agency advertisements are valid as applied to Milavetz.
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United Student Aid Funds, Inc. v. Espinosa, 559 U. S. 1 ___ (2010)
R033; No. 08-1134; 3/23/10. In a Chapter 13 proceeding, a bankruptcy court's
order confirming discharge of a student loan debt absent the undue hardship finding or adversary
proceeding required by the Bankruptcy Code and Rules of Bankruptcy Procedure is not a void
judgment under Federal Rule of Civil Procedure 60(b)(4).
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Graham County Soil and Water Conservation Dist. v. United States ex rel. Wilson, 559 U. S. 1 ___ (2010)
R034; No. 08-304; 3/30/10. Under the False Claims Act--which permits private qui tam
relators to recover from persons who make false or fraudulent payment claims to the United
States, but bars such actions based on the public disclosure of allegations or transactions in,
inter alia, an "administrative . . . report, hearing, audit, or
investigation," 31 U. S. C. §3730(e)(4)(A)--"administrative" encompasses
disclosures made in state and local sources as well as federal sources.
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Berghuis v. Smith, 559 U. S. 1 ___ (2010)
R035; No. 08-1402; 3/30/10. The Sixth Circuit erred in ruling that the Michigan Supreme
Court failed to apply "clearly established Federal law, as determined by [this Court
in Duren v. Missouri, 439 U. S. 357]," 28 U. S. C. §2254(d)(1);
Duren hardly establishes--no less "clearly" so--that defendant
Smith was denied his Sixth Amendment right to an impartial jury drawn from a fair cross
section of the community.
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Jones v. Harris Associates L. P., 559 U. S. 1 ___ (2010)
R036; No. 08-586; 3/30/10. Based on the terms of §36(b) of the Investment Company Act
of 1940, which imposes a "fiduciary duty [on investment advisers] with respect to the
receipt of compensation for services," and the role that a shareholder action for breach
of the investment adviser's fiduciary duty plays in the Act's overall structure,
Gartenberg v. Merrill Lynch Asset Management, Inc., 694 F. 2d 923, 928,
applied the correct standard for determining whether such a breach occurred.
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