United States Supreme Court

Opinions Filed in March 2019

Lorenzo v. SEC

Dissemination of false or misleading statements with intent to defraud can fall within the scope of Rules 10b–5(a) and (c) of the Securities Exchange Act, as well as the relevant statutory provisions, even if the disseminator did not “make” the statements and consequently falls outside Rule 10b–5(b).

Area(s) of Law:
  • Business Law

Republic of Sudan v. Harrison

The Foreign State Immunity Act, 28 U.S.C. §§1604,1608(a)(3), requires that service through mailing upon on a foreign state must be sent directly to the foreign minister’s office in the minister’s home country.

Area(s) of Law:
  • Civil Procedure

Sturgeon v. Frost

The Nation River in Alaska is not public land and the National Park Service is prohibited from regulating non-public land under the Alaska National Interest Lands Conservation Act.

Area(s) of Law:
  • Land Use

Frank v. Gaos

Spokeo v. Robins, 578 U.S. ___ (2016), establishes that Article III standing requires a concrete injury even in the context of a statutory violation.

Area(s) of Law:
  • Civil Procedure

Obduskey v. McCarthy & Holthus LLP

A business engaged only in nonjudicial foreclosure proceedings does not constitute a debt collector under section 1692a(6) of the Fair Debt Collection Practices Act (FDCPA), with the exception of the limited purpose definition of section 1692f(6).

Area(s) of Law:
  • Consumer Credit

Air & Liquid Systems Corp. v. Devries

In maritime tort context, product manufacturers have a duty to warn when a product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that danger is realizable by users.

Area(s) of Law:
  • Tort Law

Nielsen v. Preap

The mandatory detention provision of 18 U.S.C. § 1226(c) applies to an alien released from criminal custody even where the Department of Homeland Security does not take the alien into custody immediately after their release.

Area(s) of Law:
  • Immigration

Washington State Dep’t of Licensing v. Cougar Den, Inc.

The 1855 treaty between the United State and Yakama Nation forbids the State of Washington from imposing statutory taxes upon fuel importers of the Yakama Nation.

Area(s) of Law:
  • Indian Law

BNSF Railway Co. v. Loos

An award compensating for lost wages is subject to taxation under the Railroad Retirement Tax Act (“RRTA”).

Area(s) of Law:
  • Tax Law

Fourth Estate Public Benefit Corp. v. Wall Street.com, LLC, et al

Registration of a copyright, for purposes of 17 U.S.C. §411(a), occurs when the Register of Copyrights registers a copyright. A copyright owner gains exclusive rights in his work upon its creation and may, upon registration, recover for a copyright infringement that occurred before registration under 17 U.S.C. §501(b) but must thereafter pursue registration pursuant to §411(a).

Area(s) of Law:
  • Copyright

Rimini Street Inc. v. Oracle USA, Inc.

The Copyright Act’s reference to “full costs” does not authorize a court to award litigation expenses beyond the six categories specified by Congress.

Area(s) of Law:
  • Copyright

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