United States Supreme Court

Opinions Filed in May 2019

Box v. Planned Parenthood of Indiana and Kentucky, Inc.

The disposal of fetal remains constitutes a legitimate governmental interest and governmental regulation will satisfy rational basis review even without perfect tailoring, but the regulation of selective abortions constitutes a novel legal issue that more appellate courts must consider before Supreme Court review.

Area(s) of Law:
  • Constitutional Law

Home Depot U.S.A., Inc., v. Jackson

28 U. S. C. §1441(a) and Class Action Fairness Act (“CAFA”) §1453(b) removal provisions do not allow third-party defendants to remove a matter to federal court.

Area(s) of Law:
  • Civil Procedure

Nieves v. Bartlett

The existence of probable cause, examined under an objective standard, generally precludes retaliatory arrest claims under 42 U.S.C. § 1983.

Area(s) of Law:
  • Constitutional Law

Smith v. Berryhill, Acting Commissioner of Social Security

A dismissal for untimeliness by the Social Security Administration’s Appeals Council is a “final decision . . . made after a hearing” for purposes of allowing judicial review under 42 U.S.C. §405(g).

Area(s) of Law:
  • Administrative Law

Herrera v. Wyoming

Wyoming’s statehood did not abrogate an 1868 treaty between the United States and the Crow Indian Tribe regarding tribal members’ rights to hunt on "unoccupied lands" and Bighorn National Forest is not categorically "occupied."

Area(s) of Law:
  • Indian Law

Merck Sharp & Dohme Corp. v. Albrecht

Absence of “clear evidence that the FDA would not approve a change to a label, the Court will not conclude that it was impossible… to comply with both federal and state requirements.”

Area(s) of Law:
  • Preemption

Mission Products Holdings, INC., v. Tempnology, LLC, NKA Old Cold LLC

A debtor's rejection of an executory contract in bankruptcy has the same effect as a breach outside bankruptcy under 11 U.S.C. § 365.

Area(s) of Law:
  • Bankruptcy Law

Apple, Inc. v. Pepper

Illinois Brick Co. v. Illinois established a bright-line rule authorizing direct purchasers to bring suit against alleged antitrust violators.

Area(s) of Law:
  • Antitrust

Cochise Consultancy, Inc. v. United States ex rel. Hunt

§3731(b)(2) of the False Claims Act applies to suits initiated by private persons where the government has declined to intervene and private persons of a non-intervened suit do not constitute officials of the United States for the purposes of triggering the three year limitation period of §3731(b)(2).

Area(s) of Law:
  • Civil Law

Franchise Tax Board of California v. Hyatt

States retain sovereign immunity when suits are brought by private parties in courts of other States, overruling Nevada v. Hall, 440 U.S. 410 (1979).

Area(s) of Law:
  • Sovereign Immunity

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