United States Supreme Court Certiorari Granted

Opinions Filed in May 2019

Hernandez v. Mesa

(1) Whether, when plaintiffs plausibly allege that a rogue federal law enforcement officer violated clearly established fourth and fifth amendment rights for which there is no alternative legal remedy, the federal courts can and should recognize a damages claim under Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971) and (2) if not, whether the Westfall Act violates the Due Process Clause of the Fifth Amendment insofar as it preempts state-law tort suits for damages against rogue federal law enforcement officers acting within the scope of their employment for which there is no alternative legal remedy

Area(s) of Law:
  • Remedies

Ritzen Group, Inc. v. Jackson Masonry, LLC

Whether an order denying a motion for relief from the automatic stay is a final order under 28 U.S.C. § 158(a) (1).

Area(s) of Law:
  • Bankruptcy Law

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