Erik Kulick

United States Supreme Court (7 summaries)

Johnson v. City of Shelby

Where a constitutional claim is levied directly against a municipality, there is no heightened pleading rule which requires plaintiffs seeking damages for civil rights violations to expressly invoke 42 U.S.C. §1983 in their complaint.

Area(s) of Law:
  • Civil Rights § 1983

Utility Air Regulatory Group v. Environmental Protection Agency et al.

EPA cannot treat greenhouse gases under the Clean Air Act as a pollutant, unless the source is required to obtain a permit because it emits other pollutants.

Area(s) of Law:
  • Environmental Law

Alice Corporation PTY. LTD. v. CLS Bank International et al.

When a patent is drawn to an abstract idea, the idea is not eligible for patent protection.

Area(s) of Law:
  • Patents

POM Wonderful LLC v. Coca-Cola Co.

When a federal statute, such as the Lanham Act, is complementary with a federal statute, such as the Food, Drug, and Cosmetic Act, and neither explicitly provide otherwise, there is no preclusion.

Area(s) of Law:
  • Administrative Law

Bond v. United States

18 U.S.C. §229(a) does not reach crimes like simple assault due to state sovereignty.

Area(s) of Law:
  • Criminal Law

Michigan v. Bay Mills Indian Community

The Indian Gambling Regulatory Act does not abrogate tribal sovereign immunity when gaming activities are conducted off of Indian land.

Area(s) of Law:
  • Tribal Law

Robers v. United States

When the "property" covered by The Mandatory Victims Restitution Act is money used to acquire collateral, the value of the collateral at the time of sale must be used in determining the offset.

Area(s) of Law:
  • Sentencing

United States Supreme Court Certiorari Granted (7 summaries)

Harris v. Viegelahn

Whether undistributed funds held by a Chapter 13 trustee after conversion to Chapter 7 should be returned to the debtor or given to creditors.

Area(s) of Law:
  • Bankruptcy Law

Kimble v. Marvel Enterprises, Inc.

Whether a rule of reason analysis should replace current per se ban on post-expiration patent royalty collection.

Area(s) of Law:
  • Patents

City of Los Angeles v. Patel

Whether statutes or ordinances authorizing warrantless searches of hotel registries violate the Fourth Amendment, and whether a hotel has an expectation of privacy in their guest registry under the Fourth Amendment.

Area(s) of Law:
  • Constitutional Law

Young v. United Parcel Service, Inc.

Whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide similar accommodations to pregnant employees who are "similar in their ability or inability to work."

Area(s) of Law:
  • Employment Law

Mellouli v. Holder

Whether a drug paraphernalia conviction "relates to" a controlled substance within the meaning of 8 U.S.C. §1227(a)(2)(B)(i).

Area(s) of Law:
  • Immigration

US v. Elonis

Whether, consistent with the First Amendment and Virginia v. Black, conviction of threatening another person requires proof of the Petitioner’s subjective intent to threaten or whether it is enough to show that a “reasonable person” would regard the statement as threatening.

Area(s) of Law:
  • First Amendment

CTS Corporation v. Waldburger

Whether the preemption provision of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9658, applies to state statutes of repose as well as the state statutes of limitations.

Area(s) of Law:
  • Preemption

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