Comcast Corp. v. Behrend
Before a court may certify a class, a party must demonstrate damages on a classwide basis to satisfy the predominance requirement of Federal Rule of Civil Procedure 23.
Area(s) of Law:- Civil Procedure
Millbrook v. United States
Under the Federal Tort Claims Act (FTCA) the law enforcement proviso in 28 U.S.C. §2680(h) for intentional torts extends to officers’ acts or omissions arising within the scope of their duty and is not limited to conduct during an arrest, search, or seizure.
Area(s) of Law:- Tort Law
Florida v. Jardines
The “use of trained police dogs to investigate [a] home and its immediate surroundings is a ‘search’ within the meaning of the Fourth Amendment.”
Area(s) of Law:- Criminal Procedure
Decker v. Northwest Environmental Defense Center & Georgia-Pacific West, Inc. v. Northwest Environmental Defense Center
The EPA should be afforded deference in its interpretation of the Industrial Stormwater Rule (40 CFR §122.26(b)(14)), that stormwater discharges channeled through man-made ditches are “natural runoff” and the ditches are not “point sources” of pollution that require National Pollutant Discharge Elimination System permits.
Area(s) of Law:- Environmental Law
Wos v. E.M.A.
North Carolina’s statute requiring that up to one-third of any damages recovered by a Medicaid beneficiary for a tortious injury be paid to the State to reimburse it for payments it made for medical treatment on account of the injury is conflict-preempted by 42 U.S.C §1396p(a)(1) which prohibits States from attaching a lien on the property of a Medicaid beneficiary to recover benefits paid by the State on the beneficiary’s behalf.
Area(s) of Law:- Preemption
Kirtsaeng v. John Wiley & Sons, Inc.
The Copyright Act's "first sale" doctrine permits resale of foreign works legally manufactured and legitimately acquired abroad and imported to the United States without requiring the copyright holder's permission.
Area(s) of Law:- Copyright
Standard Fire Insurance Co. v. Knowles
Federal court jurisdiction under the Class Action Fairness Act of 2005 is not determined based on a stipulation made prior to class-action certification that the plaintiffs will not seek damages above the statutory threshold because the stipulation is not binding on nonparty members.
Area(s) of Law:- Civil Procedure
Levin v. United States
The Gonzalez Act abrogates the Federal Tort Claim Act's sovereign immunity exception for intentional tort claims against medical doctors, therefore intentional tort claims against armed forces medical personnel acting within the scope of their employment are permissible.
Area(s) of Law:- Tort Law