Kimber Lattin

United States Supreme Court (18 summaries)

Star Athletica, LLC v. Varsity Brands, Inc.

The designs on cheerleading uniforms are separable and protectable under copyright law.

Area(s) of Law:
  • Copyright

Buck v. Davis

Testimony from an expert witness regarding propensity for violence based on race meets the Strickland test for ineffective assistance of counsel and the related Rule 60(b)(6) Motion should have been granted as such testimony is not de minimis.

Area(s) of Law:
  • Criminal Procedure

Venezuela v. Helmerich & Payne International

Whether FSIA has an exception to the takings rules for foreign nations, in the event that the taking is not in violation of international law, and if an exception permits corporation shareholders to assert ownership rights to the property and question and whether “wholly insubstantial and frivolous” is the appropriate standard for dismissing a claim for jurisdictional issues?

Area(s) of Law:
  • Corporations

Whole Women's Health v. Hersedt

Portions of a bill requiring doctors performing abortions to have privileges at a hospital not more than thirty (30) miles away and that the clinic performing the abortion meet the requirements of ambulatory surgical centers places a substantial burden on women seeking abortions.

Area(s) of Law:
  • Constitutional Law

RJR Nabisco v. European Community

The Racketeering Influenced and Corrupt Organizations Act (RICO) applies to certain international situations but does not permit recovery for civil damages in the U.S. for injuries that occurred outside of the U.S.

Area(s) of Law:
  • Corporations

Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust

Puerto Rico is a “state” for purposes of Federal Bankruptcy Code preemption.

Area(s) of Law:
  • Preemption

Simmons v. Himmelreich

There is no categorical exclusion of the exemptions under the FTCA.

Area(s) of Law:
  • Tort Law

Lynch v. Arizona

Simmons applies even in instances where there is a possibility that the defendant may be eligible for parole due to legislative action or clemency in the future.

Area(s) of Law:
  • Criminal Procedure

Zubik v. Burwell

It is feasible for employers to contract with insurers to provide health care to their employees, excluding some or all types of contraception, and for those insurers to cover contraception to said employees, which effectively eliminates the employer's obligation to give notice of their objections of contraception coverage.

Area(s) of Law:
  • Insurance Law

Woods v. Etherton

It is inappropriate to use the "fairminded jurist" standard when evaluating an appellant's claims for relief on appeal.

Area(s) of Law:
  • Criminal Procedure

Gobielle v. Liberty Mutual Insurance Company

ERISA pre-empts state law that would otherwise require health insurance providers to report health care claims and other information to a state agency.

Area(s) of Law:
  • Insurance Law

James v. City of Boise, Idaho

State courts are bound to the Supreme Court’s interpretation of federal laws.

Area(s) of Law:
  • Constitutional Law

Hughes v. PPL EnergyPlus, LLC

Whether Maryland violated the Supremacy Clause of the United States Constitution with their subsidy structure for energy production?

Area(s) of Law:
  • Constitutional Law

Kingdomware Technologies, Inc. v. United States

Whether the VA must choose a veteran owned business or whether the VA is allowed to exercise discretion when selecting a contractor?

Area(s) of Law:
  • Civil Law

Baker Botts L.L.P. v. ASARCO LLC

§330(a)(1) does not permit the court to award attorney’s fees in defending an application for fees.

Area(s) of Law:
  • Bankruptcy Law

Taylor v. Barkes

There is no clearly established Eighth Amendment right to adequate suicide prevention methods therefore, qualified immunity is proper.

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

Coleman v. Tollefson

The three strikes provision of the forma pauperis statute counts a dismissal that is currently on appeal as a strike.

Area(s) of Law:
  • Civil Procedure

United States v. Kwai Fun Wong

The Federal Tort Claim Act is not jurisdictional and is subject to equitable tolling.

Area(s) of Law:
  • Tort Law

United States Supreme Court Certiorari Granted (7 summaries)

Honeycutt v. United States of America

Whether there is joint and several liability for co-conspirators to forfeit funds from a drug conspiracy under 21 USC § 853(a)(1)?

Area(s) of Law:
  • Criminal Law

Howell v. Howell

Whether a former spouse is entitled to indemnification from a former veteran-spouse’s retirement when waived post divorce?

Area(s) of Law:
  • Family Law

Packingham v. North Carolina

Whether a conviction on a statute prohibiting registered sex offenders from accessing social media platforms is a violation of First Amendment rights?

Area(s) of Law:
  • Constitutional Law

Star Atheltica, LLC v. Varsity Brands, Inc.

Whether the standard analytical test is the appropriate test to determine which portions of an article can be copyrighted?

Area(s) of Law:
  • Copyright

Salman v. United States

Whether familial relations is sufficient for a conviction of securities fraud or if personal benefit from the actual information is required.

Area(s) of Law:
  • Criminal Law

Acosta-Febo v. Franklin California Tax-Free Trust

Whether the Puerto Rico Public Corporation Debt Enforcement Recovery Act is preempted by 11 U.S.C. §903(1)?

Area(s) of Law:
  • Bankruptcy Law

Gobeille v. Liberty Mutual Insurance

Whether a state can require insurance companies to file informative data without violating ERISA.

Area(s) of Law:
  • Insurance Law

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