Share This Page
Stu's Views Site Map
Agency Opinion Christenson v. Harris County; Agency opinions do not merit Chevron deference; courts do not have to follow agency opinions.
Impending Injury Clapper v. Amnesty International USA; Standing; Impending injury; possibility of a future injury is too speculative to support standing.
Opportunity to be Heard Cleveland Board of Education v. Loudermill; Due Process; notice before termination; public employee property right in employment.
Voter Standing Federal Election Commission v. Akins; voting gives standing to sue the FEC; Federal Election Campaign Act.
Executive Powers Free Enterprise Fund v. Public Company Accounting Oversight Board; Multi-level protection of executive officers from removal is contrary to Article II of the Constitution's vesting of the executive power in the President; Sarbanes-Oxley; inferior officers
Mathews v. Eldridge Balancing Test Gabrilowitz v. Newman; denial of the right to counsel to a party in an administrative hearing based on the same alleged facts as a pending criminal case deprives that party of due process of law.
Administrative Prodecure Act Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak; suits under the APA must satisfy both Article III's standing requirement and be arguably within the zone of interests protected or regulated by the violated statute.
Administrative Law Mortgage Bankers Association v. Harris; Amending agency interpretation; when agency gives regulation a definitive agency interpretation, significant revisions require notice and comment under the APA. Administrative Prodecure Act
Ripeness National Park Hospitality Ass'n v. Dep't of Interior; promulating a regulation is not the type of agency action ripe for judicial review under the Administrative Procedure Act until there is a specific factual situation; APA
Bankruptcy Judge Jurisdiction Stern v. Marshall; bankruptcy judges are not constitutionally vested with jurisdiction to decide state common law claims against an entity that is not otherwise part of the bankruptcy proceedings; Northern Pipeline; Norberg.
Border Searches United States v. Cotterman; notwithstanding a traveler's diminished expectation of privacy at the border, border searches are still measured against the Fourth Amendment's reasonableness requirement.
Border Search Doctrine United States v. Ickes; the border search doctrine is not subject to a First Amendment exception; the government's interest in preventing the entry of unwanted persons and effects is at its zenith at the international border
Make Partner Making partner at a law firm; partnership track; partnership material; made partner; partnership committee; partnership vote; how to make partner at a law firm.
Partnership Track Partnership material; made partner; making partner at a law firm; partnership committee; partnership vote; how to make partner at a law firm.
Pay Off Student Loans Paying off student loans; student debt forgiveness; student debt consolidation; graduation speech examples; graduate; get a job; average student debt after college; taking out student loans.
Employee Handbook Employee handbooks; employee manual; human resources; anti-fraternization policy; workplace romance; non-fraternization policy; anti-fraternization policies; employee rights; dating a coworker; coworker relationships; employment lawyer.
Lawyer Joke Lawyer humor; law jokes; lawyer jokes; lawyer humor; attorney joke.
Dating a Lawyer Attorney love; lawyer dating; attorney dating; lawyer relationships; how to date a lawyer.
Lawyer Dating Lawyer marriage; who to marry; dating website; significant other; relationships that work; know your soulmate; singles.
Law Firms Lawyer hours; required billables; minimum billables; long hours; attorney hours; lawyer hours; associate hours; lawyer billable hours.
Fiduciary Fiducial; fiduciary duty; corporate fiduciary; corporation fiduciary relationship; Remillard Brick Company v. Remillard Dandini Company
Work Home Balance Work life balance; working from home; getting work calls at home; never leaving the office; working remotely; setting boundaries with your employer.
Ethical What is ethical; business ethics; ethical issues; ethics requirements; ethical responsibility; ethical standards; attorney ethics and professional responsibility; legal ethics; mandatory ethics CLE; ethics class; ethical businesses.
Celebrity Crime Celebrity; celebrities; celebs; celebrity justice; celebrity court appearance; celebrity arrest; celebrity mug shot.
Mug Shot Mugshot; celebrity mug shots; smokinggun; arrest mug shot; celebrity DUI.
Court Reporter National Court Reporter Association; court reporter training; court reporting technology; court reporter schools; how to become a court reporter.
Court Reports Court reporter salary; court reporter training; court reporter jobs.
Court Reporters Court reporting; NCRA; transcripts; stenographer; stenographic reporting.
Divorce Settlement Agreement Marital settlement agreements; divorce property settlement agreement; divorce separation agreement; dividing marital assets; dividing marital property.
Records Department Records management; risk management; missing file from the records department; checking out a file from the records department.
Filing For Divorce Causes of divorce; divorce costs; divorce laws; divorce advice; divorce attorney; dissolution of marriage; division of marital assets; divorce separation agreement; dividing marital assets; dividing marital property.
Due Diligence Legal due diligence checklist; due diligence process in real estate transactions; due diligence period for investigation prior to finalizing a transaction.
Wikipedia Wikipedia blackout in protest of SOPA; Stop Online Piracy Act; stop internet censorship; First Amendment right to free speech; protecting intellectual property.
Congress In Session SOPA; Stop Online Piracy Act; internet piracy; internet censorship; First Amendment right to free speech; protecting intellectual property; chilling effect; DMCA.
SOPA Stop Online Piracy Act; internet piracy; internet censorship; First Amendment right to free speech; protecting intellectual property; chilling effect; DMCA.
Intellectual Property SOPA; Stop Online Piracy Act; internet piracy; internet censorship; First Amendment right to free speech; protecting intellectual property; chilling effect; DMCA.
Copyright Infringement SOPA; Stop Online Piracy Act; internet piracy; internet censorship; First Amendment right to free speech; protecting intellectual property; chilling effect; DMCA; remove DNS registrar.
Patent Arms Race Building a patent portfolio has become critical for both offense and defense in the patents wars.
Patent Cross License Patent litigation is often avoided by cross licensing the patents involved.
Patented Move Patent lawyers aren't the only ones haunted by prior art.
Patent Regulations Patent regs are difficult to understand.
Patent of Life Bio patents are legal, but the ethical issues of DNA patents and other patents on life will go on.
Uphold A Patent Claim Patent litigation assistance.
Patent Reform Laws America Invents Act; controversy over how to change patent law; patent legislation.
Antitrust Law The Sherman Act; European Community competition law; predatory pricing, gouging; tying; refusal to deal.
Summer Associate Summers; legal intern; summer associate pay compensation.
Dead Lawyer Getting out of the law; escaping the law; change of legal career.
How A Bill Becomes a Law Legislative process; bribery; dirty politicians; logrolling; pork barrell politics; political back scratching.
Divorce Lawyer Hiring a cheap attorney for divorce; bad divorce settlement; financial effect of divorce.
Law School Stress Stressful trial; courtroom drama; law school graduation.
Attorney Client Privilege Attorney work product doctrine; attorney client privilege exceptions; attorney client privilege confidentiality; attorney client privilege waiver; attorney client privilege email
Disbarred Disbar for alcohol abuse; detection and prevention of alcohol and substance abuse in the legal profession; alcoholic lawyer; disbarment for drug abuse; attorney ethics violation; ABA Model Rules of Professional Conduct; lawyer legal ethics; CLE.
Conflict Waiver Conflicts of interest waivers; attorney ethics; duty of loyalty.
Rush Job Urgent project, time crunch, emergency assignment.
Vallone v. CNA Financial Corporation Presumption that benefit plans are not vested, withdrawal of benefits, lifetime benefits.
Toyota Motor Manufacturing, Kentucky, Inc. v. Williams Qualify as disabled under the ADA, physical impairment, mental impairment, substantially limits a major life activity, Americans with Disabilities Act.
Parole Probation; background check for employment; condition of release; parole board.
Singer v. Beach Trading Co. Negligent misrepresentations in references, former employee work history, false or inaccurate information.
Russell v. Board of County Commissioners Employee handbook forms an implied employment contract, disclimer, implied-in-fact, implied-in-law.
McDonnell Douglas Corp. v. Green Employers non-discriminatory justifications for actions, Title VII case, unlawful discrimination, pretext.
Kentucky Association of Health Plans, Inc. v. Miller State statutes, relationship between insurers and health-care providers, ERISA, state laws, employment benefit plan, regulate insurance, banking, and securities.
Howard Delivery Service, Inc. v. Zurich American Insurance Co. Workers compensation insurance, employee benefit plan, bankruptcy, ERISA, Chapter 11.
Fraser v. Nationwide Mutual Insurance Company Employer access to emails received or sent at work, Electronic Communications Privacy Act.
Back v. Hastings on Hudson Union Free School District Gender-stereotyping, establish discrimination on basis of sex.
Office Holiday Party Office Party; inappropriate behavior at a holiday party; Christmas party.
Wish You a Merry Christmas Lawyer Christmas Card. To order greeting cards, email stu@stus.com.
Lawyer Holiday Card To order greeting cards, email stu@stus.com.
Attorney Christmas Card To order greeting cards, email stu@stus.com.
Lawyer Happy New Year Card To order greeting cards, email stu@stus.com.
Lawyer Birthday Card To order greeting cards, email stu@stus.com.
Attorney Birthday Card To order greeting cards, email stu@stus.com.
Lawyer Thank You Note To order greeting cards, email stu@stus.com.
Lawyer Get Well Card To order greeting cards, email stu@stus.com.
Law Librarian Interview First published in American Association of Law Libraries magazine Spectrum-- click More Info above.
Law Library Law research; online legal research; Westlaw; Lexis; thelaw.net; court opinions; court reports; legal case books; shepardize; computer assisted legal reseach; CALR.
Thanksgiving Cartoon Pilgrim Turkey Indian.
Christmas Wish List Evasive discovery response, Christmas wish for discovery response.
Holiday Card Cartoon How to word a Holiday card or Christmas Card. To order greeting cards, email stu@stus.com.
Qualcomm v. Broadcom Cartoon Dog ate my discovery.
Email Discovery Discoverable email.
Qualcomm v. Broadcom Failure to Disclose Failure to disclose.
Qualcomm v. Broadcom Email Email discovery.
Qualcomm v. Broadcom Stonewalling discovery.
Qualcomm v. Broadcom Defense Theory Qualcomm's defense theory.
Qualcomm v. Broadcom JVT JVT.
Legal Aid Salary Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the free download zone.
Pro Bono Fundraising Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the free download zone.
Boxing Cartoon Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the free download zone.
Pro Bono Lawyer of the Year Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the free download zone.
Legal Aid Cartoon Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the free download zone.
Exceeding Pro Bono Hours Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the free download zone.
Managing Partner Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the free download zone.
Research Librarian Toiling in obscurity.
Bibliographic Control Cateloging Cartoon. First published in AALL Spectrum-- click More Info above.
Texting Cartoon Effect of technoloy cartoon.
New Law Librarian Lawyer panic attacks.
Law Librarian Cartoon Great law librarians never say die.
Think Like a Lawyer Benefits of a law degree.
HMO Cartoon Aliens discussing Earth invasion.
Opposing Counsel Have you hugged your opposing counsel today?
Halloween Cartoon Bankruptcy lawyer.
Research Prior Art Search patents.
Rush to Patent Patent attorney; first to file and first to invent systems of patent registration.
Patent Department R&D v. legal department; tension between the patent lawyers and their business or engineering coworkers.
Invention Cartoon Patent claim; litigation over whether a patent claim is valid.
Patent Claim Construction Lawyer making small talk.
Patent Claims Patentablility; patent filing techniques; overbroad patent claims.
Patent Attorney Think like a lawyer; a patent lawyer's view of a technical question.
Patentable Can you get a patent? Many great ideas are unpatentable, but may be protectable by copyright or trademark.
Patent Office U.S. Patent Office Cartoons; complicated patent regulations and procedures; changes to patent rules.
Prior Art Cartoon Research prior art to determine how to draft around it.
Prior Art Research a patent.
Patent Examiner Reject patent application; patent registration application requirements.
Estate Planning Attorney Probate lawyer.
Probate Process How to probate a decedent's estate.
Enforceability of a Trust Provision legality.
Happily Ever After Estate and gift tax; death tax reform.
Fiduciary Definition Fiduciary liability; criminal penalties; monetary penalties.
Drafting Wills and Trusts Creating an estate plan; boring law job.
Internal Revenue Code Tax regulation; IRS regulations cartoon.
Settlements Litigation alternatives.
Tampering With Evidence Police tampering.
Law Degree Things you can do with a law degree.
Discovery Request Motion for discovery.
Legal Plan Legality Business planning and the law.
Tax Reform Congressional regulations; tax code.
Commute Morning commuting cartoon.
Staying Legal Gray area interpretations.
Law Firm Recruiting Lawyer starting salaries.
Apology Heartfelt apologies.
Rainmaker Marketing strategy; b2b marketing; golf course marketing; golf marketing; golf cartoons; golf pictures.
Talking Golf Lawyer golf game.
Excessive Punititive Damages Plaintiff's attorney; trial lawyer.
Billing Rate Unpopular lawyer.
Motion to Compel Answer Legal motion.
Defense Theory Ostrich cartoon.
Law School Student Debt First job; the real world.
Office Administrators Law firm life.
Marketing or Legal Legal department fighting the marketing department.
Creative Accounting White collar crime cartoon; Arthur Andersen LLP; withhold documents; alter documents; destroy documents.
Reading Regulations Tax regulation; IRS regulations cartoon.
Wall Street Cartoon Stealing from the cookie jar.
Ethical Dilemma Ethics question for legal practice.
Environmental Attorney Pollution; Clean Air Act; CAA; CWA.
Med School v. Law School Become a doctor or a lawyer? Medical. Medicine.
Golf Clubs Get your time sheet in on time.
Time Sheets Taking your work home with you.
Office Politics Office manager; office management; office administrator; workplace politics; work politics; office drama
Late Time Sheet Managing partners are very serious about prompt billing of clients.
Specific Recollection Evidence law; refresh your memory.
Legal Retainers Lawyer fees.
Obtain a Retainer Getting a retainer is the key to getting paid and keeping your job.
Lawyer Fees Hourly fee; contingency fee basis; lawyer contingency fee agreement; attorney contingent fees; lawyer retainer fee; legal contingency.
Acquittal Acquitted; acquittal; legal bill for defense lawyer; cost of a trial; cost of a defense attorney; how much does a defense attorney cost.
Top Billing Partner Rainmaking marketing.
Retainer Demand a retainer.
Office Space Reassignment Fight of switching offices.
Spiderman fighting Batman Battle of the superheros cartoon.
Office Administrator Mugging holdup.
Early Inheritance Future lawyer.
Golf Cart Lightning and golf.
Golf Lawyer who loves golf.
Divorce Marketing Seasoned lawyer or attorney.
Bar Meeting Annual meetings of the state bar or local bars.
Settlement Talks to settle a case for wrongful death.
Medical Malpractice Settlement Compensation for medical injury.
Med Mal Medical malpractice insurer lawsuit defense strategy.
Get Well Injured party testimony.
Sexual Harassment Eye witness evidence in legal case.
Judges How to decide a case; court of appeals; appellate court.
Federal Judges Appellate judges enjoy harassing attorneys; administrative judges; magistrate judges; circuit court; court appeal; Supreme Court judges; district judges; circuit appeals.
Objection Out of order; sustained.
Courthouse Steps Press conference to tell your client's side of the case.
Cost of Doing Business Legal expense management; litigation costs.
The Boss Law firm partner and associate pecking order.
Children and Careers Time with the kids or time at work?
Law Firm Life Corporate lawyers.
Mitigating Evidence Trial tactic.
Parking Tickets Courtroom.
Mob Gangster witness.
Trust and Estate Lawyer Make your will.
Recidivist Felony.
Getting Sued Greeting card cartoon.
Contempt Hold in contempt of court.
Adam & Eve Original sin cartoon.
Alimony Spousal support.
Appeals File an appeal.
Losing the Case Reduce litigation expense.
Lawyer Stress Make a lot of money.
Legal Fees Litigation expenses.
Frivolous Lawsuit Suing.
Personal Bankruptcy Chapter 7, Chapter 11, Chapter 13; wipe out debt, cram down.
Eye Witness Harassment lawsuit.
Jury Strategy Facts and law.
Chilling Effect Admit liability; apology.
Clean Air Act CAA; Clean Water Act.
IRS Tax crime leads to swift punishment.
Charitable Giving Giving to charity; making donations to charity; tax planning; estate tax planning; inheritance tax laws; estate tax laws.
May It Please the Court Your honor.
Verdict Out of order.
Meet and Confer Lawyers fighting in court.
Appellate Review Seeking higher authority cartoon; Pearly Gates.
Environmental Law Recycling programs; benefits of recycling; recycling facts; recycling statistics; recycling plastic; recycling paper; environment protection.
10 Commandments Cartoon St. Peter cartoons.
Rules of Professional Conduct Disbar for alcohol abuse; attorney substance abuse; attorney ethics violation; ABA Model Rules of Professional Conduct; lawyer legal ethics and professional responsibility; CLE; Continuing Legal Education.
Legal Ethics Professional ethics; ethics lawyer; lawyer ethics; legal ethics issues; attorney substance abuse and drug addiction; attorney ethics violation; ABA Model Rules of Professional Conduct; lawyer legal ethics; Mandatory Continuing Legal Education.
ABA Model Rules ABA Model Rules of Professional Conduct; lawyer rules of ethical conduct.
Meaning of Life Long hours; long work week.
Legal Questions Ask a legal question
Double Billing Overbilling cartoon.
Divorce Mediation Contested divorce; winner take all.
Legal Advice Accurate legal advice; expensive legal advice.
Patentable Patent registration application; understanding a patent claim.
Legal Loophole Loophole cartoon.
Lawyer of the Year Claiming credit.
Investment scheme Jail time; prison time; jail cartoons; prison cartoons.
Patent Busting KSR v. Teleflex.
Incremental Advances KSR v. Teleflex; bust patents.
KSR v. Teleflex Incremental Advances; patent busting.
Microsoft v. AT&T forthcoming.
Patent Holding Company Dubious patents; hostage value; NPEs; non-practicing entities; patent trolls.
Patent Trolls Frivilous lawsuit.
Smith v. Texas See also similar holdings in Abdul-Kabir v. Quarterman and Brewer v. Quarterman.
Getting To Yes Give me everything I want right now or I will crush your company with an unending torrent of litigation. Getting To YES.
Law Firm Mentoring No, I don't have five minutes. I don't have one minute. I don't have time to tell you I don't have time. Law Firm Mentoring. Mentor.
Zuni School District v. Department of Education Federal Impact Aid Program; financial assistance to local school districts; prohibits offsetting federal aid by reducing state aid to a local district; unreasonably interfering with a state program that seeks to equalize per-pupil expenditures.
Global Crossing v. Metrophones Under Communications Act of 1934, the Federal Communications Commission (FCC) regulates interstate telephone communications using a traditional regulatory system similar to what other commissions regulating other common carriers.
Watters v. Wachovia Bank N.A. National banks business activities are controlled by the National Bank Act (NBA), and regulations promulgated thereunder by the Office of the Comptroller of the Currency OCC.
Surprise Witness Surprise witnesses; courtroom; blindfold; cross examination of a witness; surprise defense witness.
Prior Convictions Prior convictions evidence; prior conviction admissable; three strikes laws; prior conviction rules of evidence; priors; prior DUI; OWI priors; evidence of criminal conviction.
Court Reporting Fast court reporters; accurate court reporters; court reporting standards; how to be a good court reporter; fast stenographer.
Jury Juror; juries; jurys; jury of your peers; jury instructions; jury duty; petit jury; grand jury; the jury.
Research Skills Research skill; teaching research skills; legal research and writing skills; legal researcher; legal research jobs; research methods; research methodology.
Law Librarian Become a law librarian; law library association; law librarian blog.
Law Librarians Public law library; county law library.
Law Library Jobs Librarianship; law librarian salary.
Law Libraries Law school library; law library.
Librarian AALL; American Association of Law Libraries Spectrum.
Law Library Marketing American Association of Law Libraries Spectrum.
Legal Research Law research; online legal research; Westlaw; Lexis; thelaw.net; court opinions; court reports; legal case books; shepardize; computer assisted legal reseach; CALR.
Law School Effect Side effects of law school.
Going to Law School Liberal arts majors end up at law school.
Law School Gunner Overzealous law students are called gunners.
Law School Coffee Addiction Late nights doing crushing homework turns most law student into coffee addicts.
Getting Into Law School Getting into law school is hard, but it's just the first step
Law School Finals Law students study so hard for finals, little things like eating and grooming often suffer.
Don't Go To Law School Many college students want to go to law school, but only because they don't know any better.
Law School Sacrafice Law school is so difficult that many students let themselves go.
New Lawyer New lawyers are often shocked by real law. Law school doesn't prepare student for many of the challenges of practice.
Exam Proctor Exam proctors take delight in student suffering.
Competitive Law Students Competition between law students can prevent things like sharing class outlines.
Law School Exams Some law schools have exams after Christmas break, which ruins Christmas.
Law School Classes Are Boring Law school may be stressful, but that doesn't mean it's not also boring.
Law School Is Hard Legal studies are notoriously difficult.
Gunner Law Student Overly competitive law students are labelled gunners.
Mock Trial Law students practice for court by conducting mock trials in law school.
Law School Final Exams Law students have to put their live's back together after cramming for exams.
Law School Orientation Law schools take a sink or swim attitude.
Law School Study Group Law students create study groups to share the workload.
Socratic Method The Socratic Method has been terrifying law student since, well, Socrates.
College Alumni Fundraising University fundraisers chase alumni practically from the day of graduation.
Pass The Bar Passing the Bar is a law school topic of conversation from day 1. Bar pass rate.
Coffee Addiction Law students are notorious caffiene addicts.
Law School Spring Break Spring break isn't the same for law students.
Law School Examination Some law school professors are very strict about students taking exams, no matter what the excuse.
Pro Bono Pro bono work. Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
Pro Bono Volunteers Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
Taking a Pro Bono Case Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
Pro Bono Salary Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
Legal Aid Lawyer Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
Volunteering for Pro Bono Work Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
Pro Bono Opportunities Getting law firm committee approval to take pro bono cases can be like jumping through hoops.
Legal Aid Salaries Pro bono organizations like legal aid and legal services can't afford to pay their lawyers what the private market pays, especially with government cuts to pro bono funding. LSC.
Pro Bono Lawyers Pro bono lawyers and legal aid attorneys work as volunteers or for a low salary.
Pro Bono Lawyer Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
Legal Services Legal Services Caseload. Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the free download zone.
Pro Bono Lawyers Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
Pro Bono Record Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
Legal Services Corporation LSC. Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the free download zone.
Law Firm Pro Bono Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
Equal Justice Free use permitted for most pro bono uses. Email stu@stus.com for details. Click "More Info" above for the download zone.
United States v. Mead Corporation Informal agency interpretation and Chevron deference.
Barnhart v. Walton Agency interpretations receive deference.
Lujan v. National Wildlife Federation Challenged agency action, single identifiable action, administrative procedure act, standing.
Norton v. Southern Utah Wilderness Alliance Agency failure to act, mandamus.
In Re Cheney Federal advisory committee act, FACA.
Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources Prevailing party, consent decree, award of attorney's fees, equal access to justice act (EAJA), American rule, private attorney-general doctrine.
Barrios v. California Interscholastic Federation Enforceable agreement; prevailing party; settlement agreement'; Americans With Disabilities Act; ADA.
Roberson v. Giuliani Retention of jurisdiction; award of attorneys fees; judicial imprimatur; ancillary jurisdiction.
Doe v. Boston Public Schools Purely private settlements; attorney's fees; judicial imprimatur; Individuals With Disabilities Education Act; IDEA.
Immigration Judges Credibility Determination Torres v. Mukasey; An immigration judge's credibility determination must be based on specific, cogent reasons that bear a legitimate nexus to the findings; asylum and protection; Convention Against Torture; Board of Immigration Appeals .
Notice and Comment Period MetWest, Inc. v. Secretary of Labor; An agency's practice of advising affected entities that a regulation does not apply to them establishes an authoritative departmental interpretation that may not be changed without prior notice and comment.
Standing to Challenge Lack of Agency Action Massachusetts v. EPA; If Congress grants a procedural right to protect concrete interests,like right to challenge agency action unlawfully withheld, litigant can assert without meeting ordinary standards for redressability and immediacy; standing.
Standing In Environmental Cases Summers v. Earth Island Institute; doctrine of standing requires federal courts to satisfy plaintiff alleged such personal stake in outcome of controversy to warrant plaintiff's invocation of federal court jurisdiction; case or controversy requirement.
Line Item Veto Unconstitutional Clinton v. City of New York; Use of Line Item Veto Act to cancel spending for a budget item violates the Constitution by permitting the virtual amendment of Congressional acts by the President.; delegation doctrine.
Scope of School Search of Student Property Safford Unified School District #1 v. Redding; school search permissible in scope when measures adopted reasonably related to objectives of search, not excessively intrusive in light of age and sex of student and nature infraction; qualified immunity.
EPA Can Regulate Greenhouse Gases from New Cars Massachusetts v. EPA; Because greenhouse gases fit squarely within the Clean Air Act's definition of air pollutant, the EPA has the authority to regulate the emission of such gases from new motor vehicles.
Glassman v. Unocal Exploration Corporation Minority shareholders appraisal; fair value; shares; statutory short form merger; controlling fiduciaries; parent corporation; duty of entire fairness; corporate subsidiary.
Gotham Partners, L.P. v. Hallwood Realty Partners, L.P. Damages for breach of fiduciary duty; value of the loss of control; partnership odd lot tender offer.
Hollinger, Inc. v. Hollinger International, Inc. Sale of substantially all of a corporation's assets; quantititave qualitative analysis; shareholders right to vote.
Kahn v. Lynch Communications Systems, Inc. Burden of proving fairness; merger; majority or controlling shareholders; fiduciary duty; arms length.
Northmon Investment Company v. Milford Plaza Association Ordinary partnership business; unauthorized transactions; equal rights.
Omnicare, Inc. v. NCS Healthcare, Inc. Defensive devices to merger must be reasonably related to perceived threat.
RNR Investments L.P. v. Peoples First Community Bank General partner; ordinary course of partnership business; actual authority; apparent authority.
Saito v. McKesson HBOC, Inc. Right to inspect corporate books and records must be reasonably related to the derivative action.
Securities and Exchange Commission v. Edwards Federal securities laws; investment scheme; fixed rate of return investment contract.
Solar Cells, Inc. v. True North Partners, LLC Directors fiduciary duty; enitre fairness; likelihood of success on the merits and irreparable harm; adequate remedy at law.
Securities and Exchange Commission v. Zanford Common law fraud; federal securities laws 10(b); rule 10b5; Securities Act of 1933.
The Wharf (Holdings) Limited v. United International Holdings, Inc. Sale of securities falls under 10(b) of the Securites and Exchange Act of 1934; section 10(b) forbids the use of any manipulative or deceptive device or contrivance relating to the sale of a security that is misleading or operates as a fraud or deceit.
Tooley v. Donaldson, Lufkin and Jenrette, Inc. Ordinary partnership business; unauthorized transactions; equal rights; management conduct.
Schnell v. Chris Craft Industries, Inc. Inequitable action; amendment of by laws board of directors.
Liggett Company v. Lee State restrictions on incorporation. Incorporation laws.
First National Bank of Boston v. Bellotti Corporate political speech is protected by the First Amendment.
Austin v. Michigan Chamber of Commerce Prevention of corruption in the political process is a compelling state interest; political speech restrictions on corporations must be narrowly tailored.
CTS Corporation v. Dynamics Corporation of America State law may impose restrictions affecting one company's ability to acquire control of another without running afoul of federal law or the Commerce Clause; target corporation; tender offer; Williams Act.
Amanda Acquisition Corporation v. Universal Foods Corporation States regulate mergers; the commerce clause; Shell Corporation.
Dodge v. Ford Motor Company Motives; board of directors; shareholders' dividend.
Kahn v. Sullivan Director charitable contributions; best interests of the corporation; the business judgment rule.
Jesse by Reinecke v. Danforth Incorporating; create a personal attorney client relationship; entity rule; conflict of interest.
Equity Linked Investors, L.P. v. Adams Board of directors owes duty of good faith stockholders.
Klang v. Smith Food and Drug Centers, Inc. Directors valuation decisions; deference capital surplus; donated surplus; unearned surplus.
Dodge v. Ford Motor Company Directors declare dividends bad faith, willful neglect, abuse of discretion. close corporation.
Kamin v. American Express Company Actionable course of action; action for damages; board of directors.
Securities and Exchange Commission v. SG Ltd. Substance of a transaction; securities laws apply; pyramid scheme.
Walkovszky v. Carlton Corporate form fraud; alter ego rule; piercing the corporate veil.
Radaszewski v. Telecom Corporation Insurance coverage; piercing of the corporate veil; improper purpose; parent Shell Subsidiary Corporation.
Freeman v. Complex Computing Company Inc. Equitable owner; pierce the corporate veil.
Kinney Shoe Corporation v. Polan Shield shareholders personal liability corporate formalities undercapitalization.
OTR Associates v. IBC Servicies, Inc. Parent corporation shell corporation pierce the corporate veil separate existence conduit.
Menard, Inc. v. Dage MTI, Inc. Bind the corporation agency relationship actual authority agent apparent authority inherent authority principal specific performance.
Hariton v. Arco Electronics, Inc. Sale of all corporate assets de facto merger.
Gimbel v. Signal Companies, Inc. Shareholder approval sale quantitatively qualitatively corporate assets.
Auer v. Dressel Shareholders initiate amendments articles bylaws elect directors remove for cause.
International Brotherhood of Teamsters General Fund v. Fleming Companies Certificate of incorporation authority shareholder rights plans certified question.
Campbell v. Loew, Inc. Harrassment deliberate obstruction director removal for cause proxy.
Blasius Industries, Inc. v. Atlas Corporation Shareholders right to vote corporate democracy elect.
Quickturn Design Systems, Inc. v. Shapiro Directors manage corporate affairs best interests of the shareholders business judgment ficuciary duty.
State ex rel. Pillsbury v. Honeywell, Inc. Stockholder purchased stock corporate records access compel production of corporate books and records shareholder lists business records.
Long Island Lighting Company v. Barbash Proxy regulations newspapers direct and indirect communications proxies.
Lovenheim v. Iroquois Brands, Ltd. Noneconomic interests shareholder proposal omit proxy materials.
J.I. Case Company v. Borak Proxy materials false and misleading statements private right of action fiduciary duty rescission.
TSC Industries, Inc. v. Northway, Inc. Proxy omission not material substantial likelihood reasonable shareholder.
Mills v. Electric Auto Lite Company Materiality causality misstatement omission.
Virginia Bankshares, Inc. v. Sandberg Directors opinions proxy statement rule 14a 9 and 14(a) knowingly false causation.
Wilson v. Great American Industries, Inc. Materially misleading proxy statement lost state law rights minority shareholder right to a state appraisal.
Santa Fe Industries, Inc. v. Green Parent merge subsidiary, delaware short form merger statute ninety percent rule 10b 5.
Malone v. Brincat Directors owe a duty of loyalty and good faith disclosures knowingly disseminate false information fiduciary derivative action.
Francis v. United Jersey Bank Directors duty to act honestly and in good faith and with the same degree of diligence, care, and skill that a reasonably prudent person would use in similar circumstances. Trustee in bankruptcy.
In re Caremark International Inc. Derivative Litigation Failure of oversight liability individual directors the breach of the duty of attention or care compliance audit.
Waltuch v. Conticommodity Services, Inc. Articles of incorporation indemnification employee act in good faith indemnity.
Remillard Brick Company v. Remillard Dandini Company Directors fiduciaries fiduciary relationship common benefit fiduciary duty.
Orman v. Cullman Presumption of loyalty lacked independence. business judgment rule duty of loyalty.
Lewis v. Vogelstein Shareholder ratification ratify a transaction directors material conflict of interest corporate waste. Agency agent principal quorum ratification.
Lewis v. Vogelstein Stock options waste analysis shareholder ratifications constituted waste constructive fraud.
Weinberger v. UOP, Inc. Shareholder approval merger void inadequate information disclosed minority shareholders cash out merger damages fair value tender offer.
Kahn v. Lynch Communications Systems, Inc. Majority controlling shareholders fairness merger fiduciary duty.
Perlman v. Feldmann Premium a transfer of a corporate asset.
Jones v. H.F.Ahmanson and Company Majority shareholders transfer control of a corporation premium fiduciary responsibility appraisal dividend.
Essex Universal Corporation v. Yates Contract to sell a controlling interest control board of directors. collateral agreement doctrine.
Aronson v. Lewis Conclusory statements futility demand on the board first demand redress business judgment rule.
Zapata Corporation v. Maldonado Disinterested committee investigate litigation derivative claim.
Einhorn v. Culea Director independence special litigation committee independent directors.
Goodwin v. Agassiz Corporate officers directors fiduciary duty corporation individual shareholders.
Diamond v. Oreamuno Directors and officers inside information own benefit derivative action insider trading.
Securities and Exchange Commission v. Texas Gulf Sulphur Company Insider trading; trading material inside information; disclose; abstain; disgorgement; Securities Exchange Act of 1934; SEC.
Chiarella v. United States Nondisclosure fraud duty to speak.
Dirks v. Securities and Exchange Commission Insider trading aid and abet scienter quid pro quo.
United States v. OHagan Misappropriation confidential information fraud ethical wall misappropriation theory.
Basic Inc. v. Levinson Material information reasonable investor substantial likelihood reasonable shareholder.
Basic Inc. v. Levinson Presumption of reliance on misleading material statements market fraud on the market principle rebuttable presumption.
MM Companies, Inc. v. Liquid Audio, Inc. Compelling justification defensive measure board actions.
Smith v. Atlantic Properties, Inc. Minority shareholder fiduciary duty majority shareholders close corporation dividend.
Concord Auto Auction, Inc. v. Rustin Shareholder agreements close corporation specific performance.
Wilkes v. Springside Nursing Home, Inc. Close corporation legitimate business purpose freeze out minority shareholder terminating employment valid breach fiduciary duties.
Nixon v. Blackwell Close corporation elected articles of incorporation.
Matter of Kemp and Beatley, Inc. Minority shareholders seek dissolution de facto dissolution oppression.
Miller v. McDonald's Corp. Franchisees negligence franchisor liable retains a right of control actual agency apparent agent franchise.
Moren ex rel. Moren v. Jax Restaurant Partnership business indemnify the partnership ordinary course of partnership business.
Disotell v. Stiltner Buyout fair market value wind up partnership dissolution economic waste liquidation winding up.
Roman Catholic Archbishop of San Francisco v. Sheffield Subsidiaries parent alter egos rule corporate veil parent corporation piercing the corporate veil subsidiary corporation.
In Re Oracle Corp. Derivative Litigation Directors lack of independence.
In Re eBay, Inc. Shareholders Litigation Fiduciary duty of loyalty aiding and abetting usurp corporate opportunity doctrine self-dealing.
Robinson v. Glynn Ordinary business transactions common characteristics of stock corporation limited liability company security.
Haley v. Talcott Contractual dissolution mechanism adequate separation of interests limited liability company liquidation.
Bove v. Community Hotel Corp. of Newport, R.I Validity of a corporate act.
Ross A. Wilson v. Louisiana Pacific Resources, Inc. Cumulative voting; straight voting; home state corporation.
McDermott Inc. v. Lewis Full faith and credit clause; internal affairs doctrine.
VantagePoint Venture Partners 1996 v. Examen, Inc. Internal affairs doctrine; choice of law principle.
Ryan v. Gifford Backdate stock option; fraudulent disclosures.
Theberge v. Darbro, Inc. Alter ego, pierce the corporate veil.
Summit Properties, Inc. v. New Technology Electrical Contractors, Inc. Agent authority; apparent authority; acquiesence unless principal notice.
Haley v. Talcott LLC may be judicially dissolved when defunct; namely, when it is no longer reasonably practicable for an LLC to continue to operate in conformity with the LLC agreement.
Marathon Partners L.P. and Furtherfield Partners L.P. v. M&F Worldwide Corporation Stockholders may inspect corporate books and records; a proper purpose for seeking access to corporate records is one reasonably related to the requesting person's interest as a shareholder.
Polygon Global Opportunities Master Fund v. West Corporation Greenmail; interloper; standing; shareholder must have a proper purpose reasonably related to his interest as a stockholder and must further prove some credible evidence of wrongdoing sufficient to warrant continued investigation.
Deephaven Risk Arb Trading Ltd. v. UnitedGlobalCom, Inc. Beneficial owner; rights offering; stockholders have records inspection rights after corporation merger; neither record holders nor beneficial holders need have an actual economic interest in stock to have inspection rights.
American Federation of State, County & Municipal Employees, Employees Pension Plan v. American International Group, Inc. Proxy statement; SEC requires inclusion of stockholder proposals in proxy statements; shareholder proposals to amend corporate bylaws; Rule 14a-8.
Virginia Bankshares, Inc. v. Sandberg Freeze-out merger; minority shareholders with non-essential votes cannot challenge a merger.
In re eBay, Inc. Shareholders Litigation IPO; initial public offering; when the board of directors cannot be expected, due to self interest, to determine whether to initiate legal proceedings against the corporation, it would be futile for the shareholders to make a demand before filing suit.
Stone v. Ritter Without red flags, directors have no reason to suspect wrongdoing; does stockholder complaint create a reasonable doubt that board of directors could have properly exercised its independent and disinterested business judgment in responding.
ATR-Kim Eng Financial Corp. v. Araneta Aid and abet; all directors are potentially liable for the misconduct of one; corporate director duty to monitor the potential that others within the organization will violate their duties.
In re The Walt Disney Co. Derivative Litigation (Disney II) Business judgment rule; good faith; directors owe corporation and shareholders duty of good faith; business judgment rule does not save directors from liability for the conscious disregard of the consequences of corporate action.
In re The Walt Disney Co. Derivative Litigation (Disney III) Bad decisions do not equal bad faith; standards used to measure the conduct of fiduciaries under Delaware law are not the same standards used in determining good corporate governance.
In re Emerging Communications, Inc. Shareholders Litigation Safe harbor; the applicable standard of care varies by expertise; in a breach of fiduciary case, financial and industry experts will be held to a higher standard of care than other board members.
In re CompuCom Systems, Inc. Stockholders Litigation Controlling shareholder; control of sale; presumtion that, in making a business decision, corporate directors act on an informed basis, in good faith, and in the honest belief that the action taken is in the company's best interests.
Tooley v. Donaldson, Lufkin & Jenrette, Inc. Direct action; special injury test disapproved for determining whether a direct action exists; standing to assert direct action depends on whether the individual, not the corporation, suffered harm and would benefit from the recovery or remedy.
In re Cavanaugh The Reform Act provides a three-part process for identifying the lead plaintiff in a class action lawsuit: notice; greatest financial stake in the outcome of the controversy; Rule 23 requirements of typicality and adequacy. Writ of Mandamus.
In re WorldCom, Inc. Securities Litigation The substantive fairness of a class action settlement and attorney's fees depends on: (1) the complexity, expense, and duration of the litigation; (2) the reaction of the class to the settlement; (3) the stage of the proceedings and the extent of discover
In the Matter of Cady, Roberts & Co. The major purpose of the securities acts is the prevention of fraud, manipulation, and deception by any person in connection with securities transactions, so can have insider status via a tip.
Cheff v. Mathes Under 8 Delaware Code 160, a corporation is statutorily granted the power to purchase and sell shares of its own stock, so greenmail in a merger may be allowed.
Unocal Corp. v. Mesa Petroleum Co. The business judgment rule is applicable in the context of a takeover, so hostile takeover bids via tender offer may exclude hostile bidders.
Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc. Poison pill; lock up agreement; Board may fight takeover but once the sale appears inevitable, it is the board's fiduciary duty to work to maximize the company's value.
Paramount Communications, Inc. v. Time Inc. If a board is pursuing a merger for strategic reasons, it may decline to entertain a competing bid that may yield a higher short-term gain for its shareholders in favor of a merger that ensures greater long-range gains. No shop provision.
Benihana of Tokyo, Inc. v. Benihana, Inc. Delaware General Corporation Law 144 provides a safe harbor for interested transactions if the material facts as to the director\'s relationship or interests as to the contract or transaction are disclosed or are known and majority of disinterested direct
Business Judgment Rule Blackmore Partners, L.P. v. Link Energy LLC, business judgment rule, exculpatory clause, fiduciary duty.
Negligent Mispresentation Abry Partners V, L.P. v. F & W Acquisition LLC, recission, fraud, contracts may not be rescinded based on misrepresentations made during negotiations unless one party to contract made misrepresentations, knowing them to be false.
Statutory Inspection Right Marie L. Kasten v. Doral Dental USA, LLC, statutory rights to inspect company records are broad, subject to narrowing language contained in the company's operating agreement.
Reverse Piercing the Corporate Veil Cargill, Inc. v. Hedge, reverse pierce the corporate veil, alter ego of the company.
Derivative Suit on Directors Stone v. Ritter, statutorily required pre-suit demand on directors.
Independent Directors of Corporation In Re Oracle Corp. Derivative Litigation, A director's independence turns on whether the director is, for any substantial reason, incapable of making a decision with only the best interests of the corporation in mind. Derivative action.
Duty of Care and Duty of Good Faith Brehm v. Eisner, A director's action will not be labeled "bad faith" unless it involves an intentional dereliction of his duty or a conscious disregard for his responsibilities. Fiduciary.
Home State May Impose Its Laws Wilson v. Louisiana-Pacific Resources, Inc; The Commerce Clause is not implicated by a statute that regulates corporations even-handedly and imposes no special or distinct burden on out-of-state interests; dormant commerce clause; straight voting.
Disadvantages of Big Corporations Louis K. Liggett Co. v. Lee; (From Dissent.) Corporate proliferation comes with both economic advantage and social risk; personal liabillity; piercing the corporate veil.
Stockholder Right to Inspect Corporate Books and Records Saito v. McKesson HBOC, Inc.; stockholder has right to make written demand to inspect corporate books and records for purpose reasonably related to person's interest as stockholder; derivative action; parent corporation; subsidiary corporation.
Low Burden of Proof to Inspect Corporate Books Seinfeld v. Verizon Communications, Inc; Stockholders seeking inspection of corporate books and records must present some evidence suggest credible basis from which court can infer mismanagement, waste, or wrongdoing may have occurred.
Limits on Shareholder Adoption of Bylaws CA, Inc. v. AFSCME Employees Pension Plan; Bylaws may be unilaterally adopted by shareholders when they appropriately relate to corporate processes rather than substantive decisions or Board's fiduciary duties.
Material Misrepresentations in Proxy Materials Gantler v. Stephens; misrepresentation material if substantial likelihood disclosure of omitted fact would have been viewed by reasonable investor as having significantly altered total mix of information made available; proxy.
Bad Faith Requires Particularized Facts In Re Citigroup, Inc. Shareholder Derivative Litig; Plaintiff must show directors knew not discharging fiduciary obligations or directors demonstrated conscious disregard for responsibilities; business-judgment rule; exculpatory clause; gross negligence.
Shareholders Are Entitled to Full Disclosure Gantler v. Stephens; Shareholder ratification applies only to circumstances where fully informed shareholder vote approves director action that does not legally require shareholder approval in order to become legally effective.
Interest and Independence are Different Orman v. Cullman; director is "interested" when he derives benefit from transaction that is not shared with other shareholders but lacks "independence" when his decision about transaction controlled directly or indirectly by another; disinterested.
Pre-Suit Demand By Shareholders In Re Infousa, Inc. Shareholders Litig; Pre-suit demand excused only if shown that a majority of the members of board of directors is either personally interested, or is so dominated by or beholden to an interested director that discretion sterilized.
Gross Negligence Is Not Bad Faith McPadden v. Sidhu; Gross negligence is conduct that constitutes reckless indifference, or actions that are without the bounds of reason, and constitutes a breach of the duty of care; bad faith; exculpatory clause.
Duty to Disclose Corporate Opportunities Burg v. Horn; The question of whether director is required to offer business opportunity to corporation before taking advantage of it is determined according to relationship between particular director and corporation; accounting; constructive trust.
Intentional Acts Circumventing Shareholder Imposed Requirements In Re Tyson Foods, Inc. Consolidated Shareholder Litig; A director who uses inside knowledge to enrich employees while avoiding shareholder-imposed requirements is not acting loyally and in good faith as a fiduciary; business-judgment rule.
Director Breach of Fiduciary Duty In Re Tyson Foods, Inc. Consolidated Shareholder Litig; Directors owe shareholders total and complete loyalty, good faith, independence, and candor; motion for judgment on the pleadings.
Director Duty to Get Best Price Lyondell Chem. Co. v. Ryan; The duty to obtain the best possible price for the shareholders arises only when the company embarks on a transaction that will result in change of control.
Defensive Actions Invoke Reasonableness Standard Mercier v. Inter-Tel (Delaware), Inc; directors' defensive actions; burden is on directors to identify legitimate corporate purpose, and show that actions reasonable relation to purpose did not preclude shareholders from exercising right to vote.
Implied Authority Dweck v. Nasser; Implied authority is agent reasonably believes he has, shown by evidence of acquiescence of the principal; actual authority; apparent agency; apparent agent; apparent authority; express agency; implied agency.
Interested Partners May Not Vote Perretta v. Prometheus Development Company, Inc; A partnership agreement provision that allows an interested partner to count its votes is manifestly unreasonable under California corporations law; limited partner; limited partnership; ratification.
Business Judgment Rule For Directors In re The Walt Disney Co. Derivative Litigation; the law presumes directors act on an informed basis, in good faith, and in the honest beliefof best interests of company; business judgment rule; derivative action; duty of good faith; fiduciary duty.
Investment Advisers Salary Not Covered By Fiduciary Duty Jones v. Harris Associates L.P.; Under section 36(b) of the Investment Company Act, a financial adviser has a fiduciary duty and owes an obligation of candor in negotiation, as well as honesty in performance, but not for negotiating own salary.
Shareholder Proposal and Proxy Solicitation AFSCME v. AIG, Inc; Proxy access bylaw shareholder proposals, which relate to election procedures in general rather than specific, upcoming elections, are non-excludable under SEC Rule 14a-8(i)(8).
Freeze-Out Remedy Brodie v. Jordan; The proper remedy for a freeze-out is to restore the minority shareholder as nearly as possible to the position she would have been in had there been no wrongdoing; close corporation; dividend; injunction.
Burden of Loss For Contributions to Partnership Kessler v. Antinora; The general rule of partnership law is that, in the absence of an agreement, the law presumes that partners and joint adventurers intended to participate equally in the profits and losses of the common enterprise.
Partner Cannot Pay Below Market Rate For Partnership Property Enea v. Superior Court; In forming a partnership, the partners obligate themselves to share the risks and benefits and carry out the enterprise with the highest good faith toward each other; fiduciary.
Partnership Agreements Can Allow Otherwise Prohibited Conducts Singer v. Singer; A partner's duty to the partnership is not violated by conduct that is specifically authorized by the partnership agreement; constructive trust.
Solicitations of Partnership's Clients Meehan v. Shaughnessy; Partners owe each other a fiduciary duty of the utmost good faith and loyalty and must refrain from acting for purely private gain; self-dealing.
Assignee Of Partnership Interest Not Automatically A Partner Rapoport v. 55 Perry Co; Partnership law provides that, subject to any contrary agreement between the partners, no person may become a member of the partnership without the consent of the other partners.
In-Kind Distribution of Partnership Assets Dreifuerst v. Dreifuerst; Unless otherwise agreed, partners who have not wrongfully dissolved the partnership have a right to wind up the partnership and force a sale of the partnership assets; partnership at will.
Actionable Misappropriation of Inside Information Securities and Exchange Commission v. Cuban; Insider trading liability under the misappropriation theory is premised on the undisclosed use of confidential information for personal benefit, in breach of a duty not to do so.
Controlling Limited Partner May be Liable Gateway Potato Sales v. G.B. Investment Co; A limited partner who is not also a general partner is not liable for the obligations of the limited partnership unless he takes part in the control of the business.
Summary Judgment Allowed If No Competent Counter Evidence KE Property Management Inc. v. 275 Madison Management Corp; A managing general partner of a limited partnership may be removed from the partnership by a limited partner if the managing partner's agent engages in fraudulent conduct.
Limited Liability Partners Kus v. Irving; Where members of a limited liability partnership share no benefit with a partner accused of misconduct, have no direct supervision or control, and have no knowledge of the partner's misconduct, they are statutorily protected.
LLPs Do Not Shield Partners From Liability To Each Other Ederer v. Gursky; New York's Partnership Law provision limiting the personal liability of partners in an LLP does not shield a general partner in a registered LLP from personal liability for breaches of the partnership's or partners' obligations to each o
LLC Manager Has Authority To Bind Taghipour v. Jerez; Under Utah law, documents that provide for the acquisition, mortgage, or disposition of property of the LLC are binding on the LLC if they are signed by a manager; limited liability company.
Statutory Inspection Rights May Be Altered By Agreement Kasten v. Doral Dental USA, LLC; Under Wisconsin\'s Limited Liability Company Act, statutory rights to inspect company records broad and subject to language contained in company's operating agreement.
Not All Transfers Of Property Are Sales Premier Van Schaack Realty, Inc. v. Sieg; Under Utah law, a sale of property is defined as the conveyance of title to the purchaser for a valuable consideration consisting of the purchase price, or contract of sale, whereby some estate in land passes.
LLC Cannot Be After The Fact Shield For Member Fraud Pepsi-Cola Bottling Co. v. Handy; Delaware law protects members and managers of an LLC from liability for obligations of the LLC solely by reason of being or acting as LLC members or managers, but not for other reasons; piercing the corporate veil.
Court May Pierce The Corporate Veil Of An LLC Kaycee Land and Livestock v. Flahive; common law doctrine of piercing the corporate veil is not abrogated by the Limited Liability Company Act and may be used against limited liability company members in appropriate cases.
Board Members May Not Withhold Notice of Meeting From A Director VGS, Inc. v. Castiel; Mangers that fail to provide notice to all board members of their intent to hold a meeting or seek consent to a written resolution violate their fiduciary duties to each other.
LLC Agreement May Define Member Duties Fisk Ventures, LLC v. Segal; Because LLCs are not creature of state but of contract, duties and obligations of the LLC members are as set forth in the LLC agreement; implied covenant of good faith and fair dealing; post hoc; sine qua non.
Question of Fact On Summary Judgment Not Allowed Anderson v. Wilder; A majority shareholder of an LLC stands in a fiduciary relationship to the minority; expulsion.
LLC Agreement Controls Disassociation Lieberman v. Wyoming.com LLC; The operating agreement of an LLC determines the rights and obligations of the members with regard to a member who has disassociated from the LLC.
Can Oust LLC Member and Continue LLC Dunbar Group, LLC v. Tignor; Only when present circumstances show that it is not reasonably practicable to carry on company's business in accord with articles of organization and any operating agreement may court order dissolution of LLC.
Assignment of Partnership Rights Bauer v. Blomfield Co.; An assignment of a partner's right, title, and interest in a partnership does not make the assignee a partner.
Dissolution of Partnership Requires Liquidation McCormick v. Brevig; In dissolution because it is no longer reasonably practicable for a partnership to carry on its business, the partnership assets must be liquidated and the net surplus in cash must be distributed to the partners.
Wind Up Of A Partnership Farnsworth v. Deaver; When a partnership is winding up, a partner with a negative balance in his or her capital account must repay that negative balance and return the account to zero.
Internal Affairs Doctrine Friese v. Superior Court; Laws that regulate securities trading do not relate to the internal affairs of a corporation, so lawsuits relating to the sales of securities are not governed solely by the state of incorporation.
Unfair Conduct In Corporate Election Portnoy v. Cryo-Cell International, Inc.; Unfair and inequitable conduct during a corporate election is a breach of fiduciary duty that can taint the election and justify its outcome being overturned.
Derivative Suits On Behalf Of Limited Liability Companies Tzolis v. Wolff; Derivative suits on behalf of limited liability companies are allowed, based on the importance of the derivative suit in corporate law, and no evidence the Legislature intended to abolish in the Limited Liability Company Law.
Dissolution Of A Limited Liability Company In the Matter of 1545 Ocean Avenue, LLC; A petitioner who seeks dissolution of an LLC must establish, in the operating agreement or articles of incorporation, that management is unable or unwilling to permit or promote the stated purpose.
Exit Provisions Of A Limited Liability Company Haley v. Talcott; Contractual provisions in an LLC agreement that provide a mechanism for a member to exit will be enforced only if they equitably effect the separation of the parties.
Business Judgment Rule Requires Good Faith Gantler v. Stephens; The business judgment rule will not apply if directors' actions are motivated by self-interest, rather than the good faith pursuit of a legitimate corporate interest.
No Exoneration For Disloyal Directors Sutherland v. Sutherland; A provision in a corporate charter that purports to exonerate directors from breach of loyalty claims is unenforceable.
Incentive Stock Option Plan In re Tyson Foods, Inc. (Tyson I); Directors may not ask for shareholder approval of an incentive stock option plan and then later to distribute shares in such a way as to undermine the objectives of that plan.
Shareholder Approved Stock Option Plan Ryan v. Gifford; The intentional violation of a shareholder approved stock option plan, coupled with fraudulent disclosures, constitutes conduct that is disloyal to the corporation and is therefore an act in bad faith.
Directors Must Favor Common Stockholders In re Trados Inc. Shareholder Litigation; When the interests of common stockholders diverge from preferred stockholders, the directors of a corporation have a duty to exercise their discretion in favor of the interests of common stockholders.
Secondary Actors Liability For Securities Fraud Pacific Investment Management Co. LLC v. Mayer Brown LLP; Attribution of false statements to a secondary actor is required in order to hold that actor liable for securities fraud under Rule 10b-5.
Securities Laws and False Statements Pugh v. Tribune Co.; A participant in a fraudulent scheme is not liable under the securities laws unless he or she had a role in preparing or disseminating false statements.
Reliance On A Failure To Disclose Affiliate Ute Citizens v. United States; When liability under Rule 10b-5 is predicated on a defendant's failure to disclose a material fact, positive proof of reliance is not a prerequisite to recovery.
Fraud Claims Must Allege Loss Metzler Investment Gmbh v. Corinthian Colleges, Inc.; A complaint for securities fraud must allege loss causation, so that the defendant is provided notice of what the relevant economic loss might be or the causal connection.
Acquisition Tender Offer By Controlling Shareholder In re Pure Resources, Inc. Shareholder Litigation; Acquisition tender offer by a controlling shareholder must be non-coercive: non-waivable majority of the minority tender condition; consummate a prompt short-form merger; no retributive threats.
Defensive Measures Against Corporate Takeovers Air Products & Chemicals, Inc. v. Airgas, Inc.; Defensive measures against takeovers are not impermissibly preclusive if they delay a bidder from obtaining control of a board as long as obtaining control in the future is realistically attainable.
Assignment of Public Debt Sharon Steel Corp. v. The Chase Manhattan Bank; Boilerplate successor obligor clauses do not permit assignment of the public debt to another party in the course of a liquidation unless to a single purchaser.
Implied Covenants In A Bond Indenture Metropolitan Life Insurance Company v. RJR Nabisco, Inc.; When there is no express covenant restricting the incurring of new debt, and no perceived direction to that end from the express covenants, the court will not imply a covenant.
Separate Counsel In Derivative Action Bell Atlantic v. Bolger; A derivative action that alleges only a breach of the duty of care, and not a breach of the duty of loyalty, does not require separate legal representation of the corporate plaintiff and the management defendants.
Cost Recovered In A Derivative Action West Hills Farms v. RCO AG Credit, Inc.; When the court requires a plaintiff in a derivative action to post a bond for the defendant's anticipated attorney's fees and costs, the defendant may not recover costs or fees greater than that bond.
Relationship Corporation and Bondholders Is Contractual Katz v. Oak Industries, Inc.; The relationship between a corporation and its bondholders is contractual in nature, and the rights and obligations of the parties will be spelled out in the documentation of that relationship.
Dividends Are At Discretion of Board Baron v. Allied Artists Picture Corporation; When and in what amounts dividends will be declared rests in the honest discretion of the directors, assuming the absence of fraud or a gross abuse of discretion.
LLC Agreement Achaian, Inc. v. Leemon Family LLC; parties to an LLC have substantial authority to shape their own affairs, and any conflicts between the LLC Act and their agreement will be resolved in favor of the agreement.
Aleynikov v. Goldman Sachs Group, Inc. Delaware corporate law authorizes the indemnification of an officer's legal expenses when the officer has been successful in the underlying proceeding, as well as the advancement of expenses in pending proceedings.
Termination of Minority Shareholder Gallagher v. Lambert; A minority shareholder in a close corporation who agrees to the repurchase of his shares upon termination of employment acquires no right against at-will discharge.
Disinterested Board Members Gordon v. Goodyear; a shareholder derivative action must state with particularity any effort made by the plaintiff to obtain the desired action from the directors and the reasons for not obtaining the action or making the effort.
Preliminary Injunction Requirements In re El Paso Corp. Shareholder Litigation; to obtain a preliminary injunction, must demonstrate (1) a reasonable probability of success on the merits, (2) will suffer irreparable harm, and (3) the balance of the equities
Dissolution By Minority Shareholders In re Kemp and Beatley, Inc.; minority shareholders may dissolve a close corporation to redress oppressive actions arising from the award of de facto dividends to all but minority shareholders.
Employment At Will Merola v. Exergen Corp.; employment at will permits termination without cause, even in a close corporation.
Minority Shareholder Rights Nixon v. Blackwell; absent specific contractual provisions, a minority shareholder is not entitled to relief from majority approved corporate actions in a closely held corporation. Elect close corporation status.
Proper Purpose Paul v. China MediaExpressHoldings, Inc.; shareholder may inspect the books and records of a corporation to investigate fraud and mismanagement, and the ability of the board to act independently and in good faith.
Dissociation From Partnership Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP; dissociation from a partnership is wrongful only if it is in breach of an express provision of the partnership agreement.
Dead Hand Provision Carmody v. Toll Brothers, Inc.; A dead hand provision in a poison pill rights plan is both invalid as ultra vires and because it constitutes a breach of fiduciary duty.
Unsigned LLC Agreement Elf Atochem North America, Inc. v. Jaffari; a limited liability company (LLC) is bound by the operating agreement signed by some members and that defines the LLC's governance and operation, even if the LLC itself did not sign.
Majority Of The Minority Vote In re MFW Shareholders Litigation; business judgment rule standard of review applies to controlling stockholder merger if procedural safeguards followed; majority of the minority stockholder approval. Going private transaction.
Deceptive Device or Contrivance S.E.C. v. Dorozhko; Computer hacking could be a deceptive device or contrivance prohibited by Section 10(b) and Rule 10b-5, regardless of whether it is accompanied by a breach of fiduciary duty.
Special Litigation Committee Boland v. Boland Trane Associates, Inc.; Although an SLC's substantive decisions are presumed reasonable, there is no presumption that the SLC was independent, acted in good faith, or followed reasonable procedures.
Doctrine of Corporate Opportunity Broz v. Cellular Information Systems, Inc.; corporate fiduciary generally must place the corporation's interests before his own, but here no valid expectancy interest and did not usurp any corporate opportunity.
Imputed Knowledge Carter v. Gugliuzzi; the knowledge of an agent acting within the scope of his or her authority is chargeable to the principal, regardless of whether that knowledge is actually communicated. Scope of employment.
Limited Liability Company Operating Agreement Elf Atochem North America, Inc. v. Jaffari; a limited liability company is bound by the operating agreement signed by some members and that defines the LLC's governance and operation, even if the LLC itself did not sign.
LLC Apparent Authority Estate of Collins v. Geist; A manager of an LLC has the apparent authority to bind the LLC when he executes in its name an instrument for carrying on, in the usual way, its business or affairs. Limited Liability Company.
Follow Corporate Bylaws Fogel v. U.S. Energy Systems, Inc.; mere congregation of a corporation's directors in same room does not necessarily result in a board meeting, and does not obviate the need for adherence to corporate bylaws and General Corporation Law.
Claim For Attorney's Fees Freedman v. Adams; when the underlying shareholder claim is invalid, so is the shareholder's claim for attorneys' fees.
LLC Fiduciary Duties Gatz Props., LLC v. Auriga Capital Corp.; Magic words like "entire fairness" or "fiduciary duties" are not required to impose fiduciary standards of conduct as a contractual matter.
Irrevocable Proxy Haft v. Haft; Under Delaware corporation law, an interest sufficient to support an irrevocable proxy must either be an interest in the stock itself or an interest in the corporation generally, such as being CEO.
Usurp Corporate Investment Opportunity In re eBay, Inc. Shareholders Litigation; The fiduciary duty of loyalty requires directors and officers to offer investment opportunities derived from corporate business to the corporation before acting on them individually. Self dealing.
Pleading Standards In re Massey Energy Company Derivative and Class Action Litigation; application of plaintiff-friendly pleading standards usually precludes a dismissal of their claims at the pleading stage.
Majority Shareholder Fiduciary Duty Jones v. H.F. Ahmanson & Co.; Majority shareholders have a fiduciary responsibility to the minority and to the corporation to control the corporation in a fair, just, and equitable manner. All shareholders must benefit proportionately.
Employee Stockholder Rights Jordan v. Duff & Phelps, Inc.; If a closely held company withholds from an employee-stockholder material information about possible increases in stock value in breach of its fiduciary duty, the employee-stockholder may be entitled to damages.
Going Private Merger Standard of Review Kahn v. M & F Worldwide Corp.; business judgment standard of review governs going private mergers with a controlling stockholder if independent special committee and informed vote of a majority of the minority stockholders.
Torts By Attorney Koutsogiannis v. BB&T; clients can be held liable for its attorney's actions taken within the scope of representation, including possible torts
Business Entity Choice Meyer v. Oklahoma Alcoholic Beverage Laws Enforcement Commission; the type of business entity chosen may affect the types of business that can be conducted by the entity if it affect the licenses the entity may obtain.
Distinct Legal Entity 3519-3513 Realty, LLC v. Law; a limited liability company and its sole member are distinct legal entities.
Managing Co-Member Fiduciary Duty Salm v. Feldstein; a managing co-member of an LLC owes the other members a fiduciary duty to make full disclosure of all material facts. Self dealing. Usurp corporate opportunity.
Director Duty of Loyalty Shocking Technologies, Inc. v. Kosowsky; a director acting in subjective good faith may nevertheless breach his duty of loyalty.
Attorney Apparent Authority Speed v. Muhanna; an attorney of record has apparent authority to enter into an agreement on behalf of his client, and the agreement is enforceable against the client by other parties.
Director Liability for Employee Misconduct Stone v. Ritter; In the absence of red flags alerting corporate directors to misconduct, good faith is measured by the directors' actions to assure that a reasonable reporting and information system exists.
Common Fund Fee Award Sugarland Ind., Inc. v. Thomas; when services provided by shareholders and their counsel result in a financial benefit to the corporation, they are entitled to a fair fee. Common fund method. Lodestart method.
Award of Attorneys' Fees Tandycrafts, Inc. v. Initio Partners; In corporate litigation, the court may order the payment of counsel fees and related expenses to a plaintiff whose efforts resulted in the creation of a common fund or the conferring of a corporate benefit.
LLC or Corporation Weinstein v. Colborne Foodbotics LLC; An LLC is distinct from a corporation and is not governed by the Colorado Business Corporation Act or case law decided thereunder.
Securities and Exchange Commission v. Edwards Investment contract. definition of securities.
Securities and Exchange Commission v. Wallenbrock Pyramid scheme.
In the Matter of Kevin Kunz Apparently separate securities offerings, single unified offering, single plan of financing made.
Securities and Exchange Commission v. GLT Dain Rauscher Securities professionals are held to a standard of reasonable prudence.
United States v. Simon Certifying a corporation's financial condition, question for the jury, fairly presented the financial condition of a corporation, generally accepted accounting priniciples, generally accepted auditing standards, material, materiality.
Gallagher v. Abbott Laboratories, Inc. Publicly traded corporations have no duty of continuous disclosure to their investors.
Affiliated Ute Citizens v. United States Affirmative fraud, rule 10-b5 violation, failure to disclose, causation, concealment, misrepresentation, reliance.
In Re Razorfish, Inc. Securities Litigation Private Securities Litigation and Reform Act of 1995, psla, appoint lead plaintiff, appoint lead counsel, securities class action, lawyer-driven litigation.
KPMG, LLP v. SEC The sec, enjoin negligent conduct resulting in securities law violations, the securities and exchange commission, evidence of past negligence, substantial likelihood of future violations of federal securities laws.
In Re WorldCom, Inc. Securities Litigation Underwriters performing a due-diligence investigation of two bond offerings by WorldCom, had a limited number of conversations with the stock issuer and its auditor, made only cursory inquiries, failed to look behind formulaic answers to questions.
In Re WorldCom, Inc. Securities Litigation Underwriters performing a due-diligence investigation of two bond offerings by WorldCom, had a limited number of conversations with the stock issuer and its auditor, made only cursory inquiries, failed to look behind formulaic answers to questions.
Asher v. Baxter International, Inc. Under the safe-harbor provision of 27A of the Securities and Exchange Act, forward-looking statements must be accompanied by meaningful cautionary statements that adequately identify important factors that could cause actual results to differ.
Asher v. Baxter International, Inc. Safe-harbor provision of 27A of the Securities and Exchange Act; fraud on the market theory; forward-looking statements must be accompanied by meaningful cautionary statements that adequately identify important risk factors.
In the Matter of W.R. Grace & Co. Officers and directors of public companies have a duty to make full disclosure as required by all SEC filings and regulations. 21(A) of the Securities and Exchange Act of 1934.
Nursing Home Pension Fund, Local 144 v. Oracle Corp. Private Securities Litigation Reform Act; the allegations in the complaint, taken together, must give rise to an inference of scienter, which requires that the defendant made false statements, knowing that they were false.
Nursing Home Pension Fund, Local 144 v. Oracle Corp. Private Securities Litigation Reform Act; Connect the inferences fraud Rule 10b-5. Allegations in the complaint, taken together, must give rise to an inference that the defendant acted with the requisite scienter of false statements, knowing.
Dura Pharmaceuticals Inc. v. Broudo Fraud on the market; In a securities fraud case, the plaintiff must establish that the defendant misrepresentations proximately caused the plaintiff economic loss.
Active or Passive Control United States v. Leonard; determining relationship includes reasonable expectation of significant investor control, and not investment contract, courts look beyond formal terms of documents circumstances surrounding relationship.; passive.
Rule 506 Exemption to 502(B)(2) Securities and Exchange Commission v. Ishopnomarkup.com, Inc; A Rule 506 exemption is not forfeited when the issuer of stock makes a good faith effort to comply with its disclosure requirements; advice of councel; exemption; good faith.
Underwriter Duty to Investors Dolphin and Bradbury, Inc. v. Securities and Exchange Commission; Because investors rely on the reputation, integrity, independence, and expertise of an underwriter, the underwriter has a obligation to investigate and disclose material facts.
Is Offering Public or Private Hyer v. Malouf; Whether an offering is public or private depends on whether the particular class of persons affected by the offering needs the protection of the 1933 Act.
Private Securities Litigation Reform Act Tellabs, Inc. v. Makor Issues & Rights, Ltd.; Private Securities Litigation Reform Act survives motion to dismiss only if reasonable person would deem inference of scienter cogent and at least as compelling as any opposing inference; scienter.
Scienter Requirements of PSLA Makor Issues & Rights, Ltd. v. Tellabs, Inc.; When inferences of scienter drawn from the plaintiffs' complaint are at least as strong as any opposing inference, the plaintiffs have successfully pled the necessary scienter.
10(b) Suits Are For Securities Only Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.; To sustain a § 10(b) cause of action, there must be "requisite causal connection between defendant's misrepresentation and a plaintiff's injury." ; causation; proximate cause; reliance.
Can Void Contract if Violates Federal Securities Laws Berckeley Inv. Group, Ltd. v. Colkitt; Under § 29(b) of the Securities Act of 1934, party may rescind contract that, when made or as performed, violates federal securities laws; convertible debenture; debenture; rescission; scienter.
Subject Matter Jurisdiction in Internation Fraud Case Morrison v. National Australia Bank, Ltd.; Subject matter jurisdiction in a fraud case exists if conduct in the United States was more than merely preparatory to fraud, and directly caused losses to foreign investors abroad; extraterritorial jurisdiction
Domestic Transaction Under Exchange Act Absolute Activist Value Master Fund Ltd. v. Ficeto; a domestic transaction takes place when irrevocable liability is incurred or title is transferred within the United States. The Exchange Act.
SEC Rulemaking Business Roundtable v. SEC; The Securities and Exchange Commission must consider efficiency, competition, and capital formation, and failure makes promulgation of the proposed rule arbitrary and capricious. Rule 14a-11.
PIPE Transactions Huppe v. WPCS Int'l Inc;A beneficial owner's acquisition of securities directly from an issuer, at the issuer's request and with the board's approval, is a "purchase" of those securities under Section 16(b).
False Statement Under Rule 10b 5 Janus Capital Group Inc. v. First Derivative Traders; For purposes of Rule 10b-5, the maker of a false statement is the person who has the ultimate authority over the statement, including content and distribution.
Duty to Make Disclosure Panther Partners, Inc. v. Ikanos Communications, Inc.; management has duty to make disclosure when a trend, demand, commitment, event, or uncertainty is both presently known and reasonably likely to have material effects on registrant.
Aiding and Abetting Proximate Causation Securities and Exchange Commission v. Apuzzo; to hold an aider and abettor liable for securities law violations, must show underlying violation that defendant knew about, provided substantial assistance, by participating, and by action.
Administaff v. New York Joint Board Joint employers, WARN Act violations, ordered a closing or layoff.
Alaska Civil Liberties Union v. State Legally marry, receipt of benefits on marital status.
Arres v. IMI Cornelius Remcor, Inc. An employee may not unilaterally disregard an employer directions despite a good faith belief.
Bammert v. Don's Super Valu, Inc. At-will employees, terminated in retaliation, wrongful discharge action, public policy exception.
Bard v. Bath Iron Works Corp. Retaliatory discharge, Whistleblowers Protection Act, threaten discriminate against an employee.
Barnhart v. Thomas Ineligible for benefits, Social Security Act, Social Security Administration.
BP, Inc. v. Alvarez Compensable time, activity integral and indispensable, Fair Labor Standards Act.
Burlington Northern & Santa Fe Ry. Co. v. White Unlawful retaliation need not be employment-related or workplace-related, Title VII anti-retaliation provision forbids retaliation, Title VII of Civil Rights Act of 1964.
Campbell v. General Dynamics Government Systems Corporation Mandatory arbitration policy, judicial forum, alternative dispute resolution, arbitration clause.
Chao v. OSHRC (Erik K. Ho) National labor market, interstate commerce, business actions, Occupational Safety and Health Act of 1970, Occupational Safety and Health Administration.
Cleary v. American Airlines Employers follow company procedures before discharging employees, wrongful discharge, implied covenant of good faith and fair dealing.
Curay-Cramer v. Ursuline Academy Religious employers not exempt from Title VII, anti-retaliation claims, religion clause, Title VII of Civil Rights Act of 1964.
Estee Lauder Cos. v. Shashi Batra Non-compete agreements enforced by injunction, employee agreement, geographical scope and duration are reasonable.
Garcetti v. Ceballos Citizen speech, public-employee speech, First Amendment, freedom of speech.
Gardner v. Loomis Armored, Inc. Terminate, discharge employee, violating company policy, imminent danger.
Greenawalt v. Indiana Department of Corrections Employer-administered psychological examinations, unconstitutional searches, The Fourth Amendment, highly personal private information, state action.
Guess v. Sharp Manufacturing of America An injury is compensable under workers compensation only if it arises out of and in the course of employment.
Hansen v. America Online, Inc. Employers ban guns from premises, infringing employees constitutional rights, right to bear arms.
Jaime v. Director, Department of Emplyment Security Employment conditions, voluntarily quit, attributable to employer, action or inaction of the employer.
Jespersen v. Harrah's Operating Co., Inc. Gender-specific employment policies, discrimination.
Lester v. Department of Employment Security Job offers accepted, refusal must be reasonable.
Lomack v. City of Newark Diversity policies, racial balance, affirmative action, equal protection, strict scrutiny, suspect classification.
New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Company ERISA does not preempt state laws, indirect economic effect on ERISA, Employee Retirement Income Security Act, health-maintenance organization.
Pennsylvania State Police v. Suders Agency principles, harassment of employees, utilize established procedures in workplace, constructive discharge, hostile-environment sexual harassment, vicarious liability.
Perry v. State Workers compensation, benefits not paid for injuries caused by knowing rule violations, explicit employment policy, course of employment.
Petty v. University of Delaware Available for work, qualified, willing, able, and ready to accept employment, no good cause to refuse.
Preston v. Wisconsin Health Fund Sex discrimination, affirmative action.
Quik'n Tasty Foods, Inc. v. Division of Employment Security Good cause, attributable to the employer, constructive discharge.
Reed v. The Great Lakes Companies, Inc. Title VII forbids intentional discrimination on the basis of ones religion, affirmative duty, reasonably accommodate any bona fide religious beliefs.
Sauerland v. Florida Unemployment Appeals Commission A single act of misconduct involving dishonesty or a critical offense may disqualify a discharged employee from receiving unemployment benefits.
Smith v. City of Jackson Disparate-impact, Age Discrimination in Employment Act, disparate treatment, age discrimination case.
Solon v. Gary Community School Coporation Employee benefits plan, unlawful age-based discrimination, Age Discrimination in Employment Act.
Springfield Rare Coin Galleries v. Mileham Customer information, confidential, restrictive covenant.
Stone Container Corp. v. Castle Compensable appliance, workers compensation insurance.
Tri-County Youth Programs, Inc. v. Acting Deputy Director of the Division of Employment & Training Sexual harassment, good cause attributable to the employer to quit, hostile environment.
Varity Corporation v. Howe Intentional representations, future of plan benefits, act of plan administration giving rise to a fiduciary duty, fiduciary receiver.
Wernsing v. Department of Human Services Equal Pay Act, equal skill, effort, and responsibility, and which are performed under similar working conditions, disparate impact, disparate treatment.
Williams v. Mohawk Industries., Inc. Civil RICO claim, pattern of racketeering activity, Racketeer Influenced and Corrupt Organizations Act.
Yanowitz v. L'Oreal USA, Inc. Protected activity under the California Fair Employment and Housing Act, retaliate against, retaliatory discharge, Whistleblower Act.
Zambrano v. Reinert States may treat seasonal employees differently for unemployment insurance purposes, Equal Protection, Rational Basis Test.
Job Applicants May Not Recover If Not Harmed Starbucks Corp. v. Superior Court; A disclaimer in a standard job application advising an applicant that he or she need not complete certain sections as provided by local law must be clear and conspicuous .
Cat's Paw Theory Staub v. Proctor Hospital; Under the cat's paw theory, discriminatory animus of non-decisionmakers can be imputed to decisionmakers only when the non-decisionmaker has a singular influence over the decisionmaker and uses that influence.
Retaliation Claim Basis Opposition Crawford v. Metropolitan Government Nashville; Under Title VII, an employee may "oppose" unlawful employment practice as required as a condition precedent to a retaliation claim even though opposition is not expressed as a discrimination claim.
Intentional Discrimination By Employer Ricci v. DeStefano; Under Title VII, before an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an unintentional disparate impact, must have a strong basis to believe disparate-impact liability.
Employers Can Prefer Certain Characteristics EEOC v. Schneider National, Inc.; An employer is free to decide that some physical and mental characteristics that do not constitute an impairment are more or less preferable and may make individual employees more or less suitable for the job.
Employer Provided Parking Is Reasonable Accomodation Lyons v. Legal Aid Society; Under the Americans with Disabilities Act and Rehabilitation Act (ADA), employers must accommodate requests that facilitate arrival and departure from workplace if no undue hardship on operation employer's business.
Fair Labor Standards Act In re Novartis Wage & Hour Litigation; Per the Fair Labor Standards Act (FLSA) overtime-pay exemption, "outside salesmen" facilitate the transfer of title to goods; "administrative employees" exercise discretion and independent judgment.
Common Law Tort Of Intrusion Hernandez v. Hillsides, Inc.; violation of common law tort of intrusion is intentional intrusion into a place, conversation, or matter plaintiff has a reasonable expectation of privacy, in a manner highly offensive to a reasonable person.
Employers May Monitor Messages Received By Employees On The Job City of Ontario v. Quon; Even when employee has reasonable expectation of privacy in workplace, government employer does not violate Fourth Amendment when it invades the employee's privacy for a legitimate work-related reason.
Employer's Customer Lists Are Confidential And Proprietary Lamorte Burns & Co. v. Walters; Specific information provided by employer to employee, in course of employment, and for sole purpose of servicing employer's customers, is legally protectable as confidential proprietary information.
Vacation Time Accrual In Chapter 11 Bankruptcy In re American Housing Foundation, Debtor; After an employer's bankruptcy case commences, an employer is only obligated to pay for unused vacation time if the right to payment is specifically expressed in its employment contract with the employee.
Pre-Petition Retiree Benefits In Chapter 11 In re A.C.E. Elevator Co., Inc.; Benefits accruing for services rendered prior to the bankruptcy petition ordinarily relate back to the date of the services but "retiree benefits" under the Bankruptcy Code have a priority claim.
Defined Contribution Plan Individual Remedies LaRue v. DeWolff, Boberg & Associates, Inc.; Although no remedy is available for individual injuries in defined contribution plan, individuals may recover for fiduciary breaches that impair the value of plan assets in the participant's individual account.
Notice Period For Mass Layoffs Gross v. Hale-Halsell Co. An employer may order a plant closing or mass layoff before the conclusion of the statutory sixty-day notice period if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable.
Impermissable Employer Questions Under the ADA Harrison v. Benchmark Electronics Huntsville, Inc. Under the Americans Disabilities Act an employer may not conduct pre-offer medical examination or make inquiries of job applicant whether applicant.
Previous Employer Duty to Disclose Negative Information Kadlec Medical Center v. Lakeview Anesthesia Associates. A person has a duty to avoid affirmative misrepresentations in referral letters and a duty to disclose omitted information if a fiduciary or confidential relationship exists or a pecuniary interest
Fiduciary Duty to Employer Rash v. J.V. Intermediate, Ltd.; unless otherwise agreed, an agent is subject to a duty to his principal to act solely for the benefit of the principal in all matters connected with his agency.
Duties of Care and Loyalty Sandvick v. LaCrosse; a partners and joint venturers both owe a duty of care and loyalty to each other.
Assumption of LLC Liability Racing Investment Fund 2000, LLC v. Clay Ward Agency, Inc.; assumption of personal liability by a member of an LLC is so antithetical to the purpose of a limited liability company that it must be stated in unequivocal terms.
Shareholder Adoption of Bylaws CA, Inc. v. AFSCME Employees Pension Plan; bylaws may be unilaterally adopted by shareholders only when they appropriately relate to corporate processes rather than substantive decisions and do not otherwise violate the law.
Exchange Of Debt Bank of New York Mellon v. Realogy Corporation; the fact that loans under credit agreements are usually funded in cash does not mean that the word "loan" cannot encompass borrowings funded otherwise.
Client Responsible For Actions of Attorney S.E.C. v. McNulty; Ordinarily, the conduct of an attorney is imputed to his client, since allowing a party to evade the consequences of the acts or omissions of his freely selected agent would be inconsistent with system of representative litigation.
Lawyer May Not Use Mistakenly Disclosed Confidential Information Rico v. Mitsubishi Motors Corp; When a lawyer inadvertently receives materials that obviously appear to be subject to attorney-client privilege or otherwise confidential and privileged, the lawyer must immediately notify the sender.
Missed Deadline Missing a deadline; what happens if a lawyer misses a deadline; how to punish somebody for missing a deadline; automated docketing software; missing a court filing deadline.
Liquidated Damages May Be In Attorney Client Agreement McQueen, Rains & Tresch LLP v. CITGO Petroleum Corp; Non-refundable retainer fees and other non-refundable provisions in attorney fee agreements will be upheld if reasonable; sophisticated client; contract is in writing; incurred expenses.
Litigation Hold To Prevent Spoilation Zubulake v. UBS Warburg LLC; Once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a litigation hold to ensure the preservation of relevant documents; spoliation.
Deadline Docketing; docket; automated docketing software; missing a deadline.
Denial of Fair Trial Due to Unfair Publicity Jovanovic v. City of New York; To prevail on a claim for denial of a fair trial due to prejudicial publicity, the plaintiff must establish (1) improper leaks; (2) in fact denied a fair trial; and (3) other remedies were not available or used to no avail.
Lawyer Liability For Misrepresentation Hoyt Properties, Inc. v. Production Resources Group, L.L.C; For an attorney statement in the course of representation to form the basis of a misrepresentation claim, the statement must be more than a legal opinion and must relate to actual facts.
Corporate Employees Do Not Have Attorney Client Privilege With Corporate Counsel In re Grand Jury Subpoena; for person seeking invoke attorney-client privilege prove client affirmatively sought become client; motion to quash; quash; subpoena duces tecum.
Missing a Deadline Missed deadlines; what happens if a lawyer misses a deadline; how to punish somebody for missing a deadline; automated docketing software; missing a court filing deadline.
Government Regulation of Candidate Speech Republican Party of Minnesota v. White; Government regulations suppress speech on basis of content must narrowly tailored to serve compelling state interest; first amendment.
Attorney Ethics Rules Reflect Public Policy Crews v. Buckman Labs. Int'l, Inc. In-house counsel may bring a common-law action for retaliatory discharge resulting compliance with Code of Professional Responsibility provision that represents a clear and definitive statement of public policy.
Simultaneous Representation of Adverse Interests The Florida Bar v. Belleville An attorney has an ethical obligation to ensure that his client does not take unfair advantage of an unrepresented adversary.
Representations By Opposing Counsel Fire Ins. Exchange v. Bell. Parties have a right to rely on the representations of opposing counsel as a matter of law.
Legal Malpractice Claims Viner v. Sweet; plaintiff in a transactional malpractice action must show that but for the alleged malpractice, it is more likely than not that plaintiff would have obtained a more favorable result; but-for causation.
Attorney Neglect Bakery Machinery & Fabrication, Inc. v. Traditional Baking, Inc.; clients are the principals, the attorney is an agent; under law of agency, principal is bound by agent's deeds, except attorney misconduct outside the scope of employment.
Attorney Client Solicitation In re Primus; when freedom of association is involved, the state must demonstrate a compelling subordinating interest, and that the means employed is closely drawn to avoid unnecessary abridgement of associational freedoms.
Deceptive Investigation United States v. Carona; the government may use deception in its investigations in order to induce suspects into making incriminating statements, even if reprensented by an attorney. California Rule 2-100.
Cooper Industries, Inc. v. Aviall Services, Inc. CERCLA authorizes contribution for environmental cleanup costs from other responsible parties only when the party seeking contribution has been sued under CERCLA 106 or 107(a). CERCLA liability; CERCLA contribution action.
Alaska Department of Environmental Conservation v. Environmental Protection Agency The EPA authority under the Clean Air Act includes the power to mandate the inclusion of emissions-control designations in pre-construction permits AND the power to determine whether the designations are in accord with the provisions of the Act.
United States v. Duke Energy Corp. When Congress mandates a specific definition of a statutory term, an agency cannot interpret the meaning of the term differently under its regulations. Only increases in per hour emissions are modifications requires preapproval.
New York v. EPA When an issue of environmental concern requires a high degree of technical expertise, the court will defer to the informed discretion of the responsible federal agency (here, the EPA).
Michigan v. EPA The EPA may consider both the health effects of pollution and the cost of abating it when determining whether a state SIP fails to comply with the Clean Air Act. One state cannot pollute a downwind state.
Appalachian Power Co. v. EPA Polluters may trade emissions allowances with other polluters in the state, but neighboring states may still petition the EPA for relief under the Clean Air Act.
Engine Manufacturers Association v. South Coast Air Quality Management District The Clean Air Act makes state standards governing or enforcing emissions limits preempted for sale or purchase of vehicles; preemption.
Rapanos v. United States Navigable waters; The phrase the waters of the United States, as used in the Clean Water Act, includes only those relatively permanent or continuously flowing bodies of water forming geographic features; wetlands are not navigable waters.
South Florida Water Management District v. Miccosukee Tribe of Indians Moving pollutants between bodies of water may not require a permit. The Clean Water Act requires a permit before a pollutant may be discharged into navigable waters.
Lingle v. Chevron, U.S.A., Inc. A plaintiff seeking to challenge a government regulation as an uncompensated taking of private property may proceed only by alleging a physical taking, a total regulatory taking, a Penn Central taking, or a land-use exaction.
Department of Transportation v. Public Citizen Environmental Assessment; when an agency has no ability to prevent a certain effect, the agency cannot be considered a legally relevant cause of such effect; so under NEPA, the agency need not consider these effects in its EA.
Norton v. Southern Utah Wilderness Alliance Administrative Procedures Act allows federal courts to compel agency action unlawfully withheld and unreasonably delayed only for claims involving a specific agency action—a rule, order, license, sanction, or relief—required of agency by law.
EPA Has Discretion Regarding Standards Natural Resources Defense Council v. EPA; he Clean Air Act only mandates that residual risk standards provide an ample margin of safety to protect public health, and the EPA is free to determine that existing technology-based standards are ample.
CERCLA Liability Burlington Northern & Santa Fe Railway Co. v. United States; Mere knowledge that spills and leaks occur after the sale of a chemical product is insufficient for concluding the seller "arranged for" disposal of hazardous chemical for CERCLA liability.
Apportion Liability Burlington Northern & Santa Fe Railway Co. v. United States; CERCLA does not mandate joint and several liability; scope of liability must be determined from traditional and evolving principles of common law.
CERCLA Cost Recovery Mechanisms United States v. Atlantic Research Corp; CERCLA § 107(a)(4)(B) provides Potentially Responsible Parties (PRPs) with a cause of action to recover, from other PRPs, costs voluntarily incurred in cleaning up a contaminated site; contribution.
EPA Waiver of Preemption Central Valley Chrysler-Jeep, Inc. v. Goldstene; If the California motor vehicle emissions regulations are granted a waiver by the EPA to the Clean Air Act, enforcement is not prevented by the doctrine of conflict preemption or by express preemption.
Net Increase In Emmissions Measured Annually or Hourly Environmental Defense v. Duke Energy Corp; A Clean Air Act permit is required for any physical change in, or change in the method of operation of, a major stationary source that would result in a significant net emissions increase of any pollutant.
No Trading of Pollution Credits North Carolina v. EPA; EPA is not properly exercising its duty under the Clean Air Interstate Rule unless it is promulgating a rule that achieves something measureable toward the goal of prohibiting sources within one state from affecting another state.
Fill Material Is Not a Pollutant Coeur Alaska, In c. v. Southeast Alaska Conservation Council; The Army Corps of Engineers has the power to issue permits for the discharge of dredged or fill material under 33 U.S.C. § 1344(a).
NHTSA Cannot Ignore Global Warming Concerns Center for Biological Diversity v. National Highway Traffic Safety Administration; NHTSA has a duty to assess environmental impacts, including impact on climate change, of rules; enviornmental impact statement.
Endangered Speciies Act National Ass'n of Home Builders v. Defenders of Wildlife; Endangered Species Act § 7(a)(2)'s application limited to actions in which discretionary federal involvement or control, and thus it does not apply in the context of mandatory EPA actions.
Greenhouse Gasses Are Pollutants Massachusetts v. EPA Greenhouse gasses are pollutants that may be regulated by the Environmental Protection Agency (EPA).
Swierkiewicz v. Sorema, S.A. Discrimination complaints,.state a prima facie case, evidentiary standard for trial, not a rule of pleading.
M.K. v. Tenet Federal Rule of Civil Procedure 18 provides for unrestricted joinder of claims against an opposing party, severence.
M.K. v. Tenet Federal Rule of Civil Procedure 20(a) permits joinder of plaintiffs if all claims arose out of the same transaction or occurrence and share common questions of law or fact, permissive joinder.
Too, Inc. v. Kohl's Department Stores, Inc. Contribution, implead, impleader, indemnity, indemnification, third-party complaint.
Probable Cause Brendlin v. California; fruit of the poisonous tree; officers did not have probable cause to stop vehicle, passenger was seized and evidence discovered as result was inadmissible.
In Re Petition of Sheila Roberts Ford Rule 27, authorize pre-complaint discovery, file a verified complaint.
Cummings v. General Motors Corp. Federal Rule of Civil Procedure 26(a), automatically disclose all documents and tangible evidence on which it intends to rely at trial, dislosure, motion to compel discovery, protective order.
Polycast Technology Corp. v. Uniroyal, Inc. parties may depose non-party witnesses, deposition, testimony, protective order.
Wilson v. Olathe Bank Movants, protective order, federal rule of civil procedure 30(b)(2), record a deposition by nonstenographic means and is given the choice of the method of recording, absent annoyance, embarrassment, oppression, and undue burden or expense.
In Re Auction Houses Antitrust Litigation A contract may form the basis of a discovery obligation under the federal rules of civil procedure, interrogatory.
Zubulake v. UBS Warburg LLC Expense and burden of certain discovery requests may be shifted to the requesting party, discoverable matter includes both paper and electronic documents.
Battle v. Memorial Hospital at Gulfport Deposition testimony of an unavailable witness may be introduced at trial, continuance, unavailability.
Velez v. Awning Windows, Inc. Rule 56(f), timely respond to a motion for summary judgment, sanctions.
Nick v. Morgan's Foods, Inc. Sanctioned, attorney transgressions, preserve the integrity of the judicial process, sanctions.
International Ore & Fertilizer Corp. v. SGS Control Services, Inc. appellate courts, cross appeal requirement, appellate record.
Semtek International, Inc. v. Lockheed Martin Corp. Time-barred, longer statutory period, claim-preclusive effect of a judgment on the merits in a federal diversity action, claim preclusion, res judicata, statute of limitations.
In Re African-American Slave Descendants Litigation courts may order mandatory nonbinding mediation, alternative dispute resolution.
Attorney Conflict of Interest Larson v. American Family Mutual Ins. Co.; an attorney's failure to sue an insurance company because he wanted to work there landed him in the same lawsuit.
General Jurisdiction Perkins v. Benguet Consolidated Mining Co.; exercise general jursidiction gives court authority to hear all claims at place of defendant's domicile or place of service, without showing connection between specific claims and forum state.
Purchases Alone Do Not Confer Jurisdiction Helicopteros Nacionales de Colombia, S.A. v. Hall; buying products from a different state does not expose buyer to court jurisdiction unless sales resulted in other connections.
In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation; Supplemental jurisdiction; 28 U.S.C. 1367; if federal court has jurisdiction over a federal claim, it has supplemental jurisdiction over state claims so related to original jurisdiction that they form part of the same case or controversy.
Supplemental Jurisdiction Szendry-Ramos v. First Bancorp; no supplemental jurisdiction (formerly ancillary jurisdiction or pendent jurisdiction) if plaintiff's state law claims substantially predominate over the federal claims or raise complex or novel issues of state law.
Short And Plain Statement of the Claim Bell Atlantic Corp. v. Twombly; sufficient factual allegations required for Fed. R. Civ. P. 8(a)(2) short and plain statement of the claim showing that pleader is entitled to relief, give the defendant fair notice of claim and grounds upon which it rests.
Prisoners Must Exhaust Remedies Jones v. Bock; prisoners must exhaust their remedies through the prison system before bringing a lawsuit.
Spoliation of Evidence of Airbag Defect Silvestri v. General Motors Corp.; sanctionable spoliation is destruction or material alteration of evidence or failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation; manufacturer opportunity to inspect
Unconscionability Doctrine for Employment Agreement Ferguson v. Countrywide Credit Industries, Inc.; procedural and substantive elements of unconscionability required to render a contract unenforceable; arbitration clause; FAA Federal Arbitration Act.
Pre-Dispute Arbitration Agreements Are Enforceable Carter v. Countrywide Credit Industries, Inc.; FLSA disputes may be arbitrated under the Federal Arbitration Act (FAA) absent grounds that exist at law or in equity for the revocation of any contract.
Harmless Error Admitting Hearsay Evidence Harnden v. Jayco, Inc.; summary judgment testimony usually form of an affidavit or sworn statement even if a court's consideration of inadmissible evidence is in error, such error is harmless it if does not affect any party's substantial rights.
Collateral Estoppel Kovach v. District of Columbia; doctrine of res judicata, or claim preclusion; final judgment on the merits precludes relitigation between the same parties concerning the same factual transaction.
Federal Question Jurisdiction Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing; federal forum for federal tax litigation sufficiently substantial for exercise of federal question jurisdiction; federal title law; division of labor between state and federal courts
Failure To Warn Lawsuit United Oil Co. v. Parts Associates, Inc.; may obtain discovery regarding any matter, not privileged, relevant to claim or defense; other lawsuits regarding similar products relevant to a defendant's failure to warn; indemnify; indemnity agreement.
Spoilation and Discovery Obligations Zubulake v. UBS Warburg LLC; corporate counsel has duty to communicate discovery obligations so all relevant information is discovered, retained, and produced; once duty to preserve attaches, identify all sources of discoverable information.
Amount In Controversy Requirement Exxon Mobil Corp. v. Allapattah Services; class action, if named plaintiff meets requirement, supplemental jurisdiction over claims in same case or controversy even if claims for less than jurisdictional amount for diversity jurisdiction; Article III.
Jurisdiction From Non-Interactive Passive Websites Pebble Beach Co. v. Caddy; Due process is satisfied when the defendant has performed some act or consummated some transaction within the forum or has otherwise purposefully availed himself of the privileges of conducting business in the forum.
Federal Question Jurisdiction Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing; The national interest in providing a federal forum for federal tax litigation is sufficiently substantial to support the exercise of federal question jurisdiction.
Short and Plain Statement of Even A Fraud Claim Denny v. Carey; Rule 9(b)'s requirement of pleading fraud with particularity must be harmonized with Fed. R. Civ. P. 8's requirement of short and plain statement of the plaintiff's claim that is simple, concise, and direct; on information and belief.
Voluntary Participation Before Magistrate Constitutes Consent Roell v. Withrow; When a party has signaled consent to the magistrate judge's authority to hear a case through actions rather than words, there is little value in strict insistence on an express consent requirement.
Courts May Use Non-Court Personnel In re Peterson; The Seventh Amendment does not prohibit the introduction of new methods for determining what facts are in issue, nor new rules of evidence.
McDonnell Douglas Test Reeves v. Sanderson Plumbing Products, Inc; A discrimination plaintiff's case may be sufficient to submit to the jury if consists of a prima facie case of discrimination and sufficient evidence that defendant's proffered explanation was merely a pretext.
Jurors Can Sometimes Question Witnesses Securities and Exchange Commission v. Koenig; Just as questions from the bench can provide insight that helps lawyers make a stronger case, so too can questions from the jury help lawyers tailor their presentations; motion in limine.
Jurors Can Reconcile Inconsistent Verdicts Duk v. MGM Grand Hotel, Inc; Where the jury is still available, a district court's decision to resubmit an inconsistent verdict for clarification is within its discretion; comparative negligence; contributory negligence.
Rule 60(d) Cause Of Action Marcelli v. Walker; The elements of a Rule 60(d) cause of action include (1) a judgment that, in equity and good conscience, ought not be enforced; (2) a good defense to the cause of action on which the judgment is founded; (3) fraud, accident.
Final Judgment Rule Usually Applies Will v. Hallock; Collateral order requirements (1) conclusively determine the disputed question, (2) resolve an important issue completely separate from the merits of the action, and (3) be effectively unreviewable on appeal; collateral order doctrine.
Rule Against Nonparty Preclusion Exceptions Taylor v. Sturgell; The rule against nonparty preclusion is subject only to certain recognized exceptions: (1) a nonparty may agree to be bound by a judgment, (2) certain substantive relationships..; virtual representation; virtual representation doctrin
Contracts May Designate Agent For Receiving Service National Equipment Rental, Ltd. v. Szukhent; a contractually designated agent's prompt acceptance and transmittal to named defendants of a summons and complaint, pursuant to authorization contained in the contract, constitutes adequate service.
Adding Related Companies To A Complaint Goodman v. Praxair, Inc; Under Federal Rule of Procedure 15(c), an amendment that changes the party against whom a claim is asserted relates back to the date of the original pleading under certain limited conditions such as related companies.
Federal Courts May Hear State Law Claims Joined to Federal United Mine Workers v. Gibbs; The exercise of pendent jurisdiction is within the sound discretion of the trial court; primary boycott; secondary boycott; supplemental jurisdiction.
Ancillary Jurisdiction Requires Complete Diversity Owen Equipment and Erection Company v. Kroger; plaintiff in diversity case cannot rely on ancillary jurisdiction to permit amendment to complaint to bring claim against non-diverse third-party defendant; complete diversity; diversity jurisdiction.
Court May Not Change Statutory Time Limits Bowles v. Russell; Time limits for filing a notice of appeal are jurisdictional in nature, and the untimely filing of notice, even if filed in reliance on a district court order, deprives the court of appeals of jurisdiction; equitable; habeas corpus.
Interlocutory Appeals Involving Injunctive Relief Are Appealable Carson v. American Brands, Inc; An appeal as of right may be taken from interlocutory orders of federal district courts granting, continuing, modifying, refusing, or dissolving injunction; consent decree; interlocutory.
Partial Judgments Are Not Final For Purposes Of Appeal Nystrom v. TREX, Inc; Interlocutory appeals are within court's discretion, and will be granted only when court certifies that each ruling presented for appeal involves a controlling question of law as to which there is substantial difference of opinion.
Nicotine Addicts Not Entitled To Class Treatment Castano v. American Tobacco; A district court must conduct a rigorous analysis of the Rule 23 prerequisites before certifying a class; sui generis.
Suppressing Speech Not The Least Restrictive Alternative Ashcroft v. ACLU; statute that suppresses a substantial amount of protected speech is unconstitutional if less restrictive alternatives exist to further the governmental objective; content-based restriction; preliminary injunction.
Attorney Filing Frivolous Case Is Subject To Monetary Sanctions Chaplin v. Du Pont Advance Fiber Sys; Under Federal Rule of Civil Procedure 11, a complaint must not be presented for an improper purpose, such as to harass or to cause unnecessary delay or cost of litigation; contain claims warranted by existing law.
Compulsory Counterclaim Podhorn v. Paragon Group, Inc; A defendant's claims against a plaintiff must be asserted as a counterclaim if arise out of the transaction or occurrence and do not require the presence of third parties over whom the court lacks jurisdiction.
Discovery Request Challenge Moss v. Blue Cross and Blue Shield of Kansas, Inc; The burden of proving that a challenged discovery request is relevant is on the party who makes the request, while proving that the request is unduly burdensome rests with the party making the objection.
Duty To Maintain All Material Evidence Teague v. Target Corp; Spoliation is the destruction or material alteration of evidence or the failure to preserve property for another\'s use as evidence in pending or reasonably foreseeable litigation; mitigation-of-damages doctrine.
Cost-Shifting For Discovery Quinby v. WestLB AG; A court may shift the cost of restoring and searching for relevant information in an electronic form when the party who converts the data into an inaccessible format should have reasonably anticipated a need to produce that data.
The Hague Convention or FRCP Société Nationale Industrielle Aérospatiale v. United States District Court; Hague Convention is not exclusive means for obtaining evidence located abroad; comity; mandamus.
Summary Judgment Standard Scott v. Harris; When opposing parties tell two different stories, and one is blatantly contradicted by the record so that no reasonable jury could believe it, a court should not adopt that version for purposes of ruling on a motion for summary judgment.
Domicile Is Determined By Entire Course of Conduct Ochoa v. PV Holding Corp; When determining a party's domicile, the controlling factors are the party's actual place of residence and the real intention of remaining there as disclosed by the party's entire course of conduct.
Minimal Diversity Is Required For Federal Jurisdiction Passa v. Derderian; The Multiparty, Multiforum Trial Jurisdiction Act (MMTJA) requires federal courts to abstain when substantial majorities of all plaintiffs and of the principal defendants are residents of a single state.
State Class Action Lawsuits Preston v. Tenet Healthsystem Memorial Medical Center, Inc; The Class Action Fairness Act (CAFA) creates a narrow exception to federal jurisdiction and allows the discretionary remand of purely local actions.
Rule 23 Class Certification Requirement For Settlement Amchem Products, Inc. v. Windsor; Settlement is relevant to the certification of a class; however, the class unity requirements of Fed. R. Civ. P. 23 remain the dominant concern.
State a Claim Ashcroft v. Iqbal; pleading; facts to support claim; insufficient pleading.
Preclusion Brent Taylor, Petitioner v. Robert A. Sturgell, Acting Administrator, Federal Aviation Administration, et al.; rule against nonparty preclusion; nonparties are rarely bound by earlier judgments in similar cases.
Cruel and Unusual Punishment Brown v. Plata; expand interpretation; judicial system takes an active role in the state prison system.
Duty to Warn C.A. Hardy, et al. v. Johns-Manville Sales Corporation, et al.; not all asbestos manufacturers are liable in every asbestos related personal injury suit.
Seizure of Property Connecticut v. Doehr; pre-hearing seizure; only exigent circumstances justify a pre-hearing seizure.
Jurisdiction Case Goodyear Dunlop Tires Operations, S.A., v. Brown et ux.; sporadic, unrelated contacts are not enough for general jurisdiction.
Electronic Discovery Helmert v. Butterball, LLC; e-discovery; unduly burdensome electronic discovery request.
Jurisdiction J. McIntyre Machinery, Ltd. v. Nicastro; purposeful contact with state is required to trigger jurisdiction.
Relation Back Krupski v. Costa Crociere S.P.A; amend pleading; relation back hinges on the knowledge of the party to be added, not the party seeking amendment.
Joinder Lopez v. City of Irvington; joinder of claims; sever claims; a single transaction may encompass multiple occurrences.
Class Action Jurisdiction Phillips Petroleum Co. v. Shutts; minimum contacts are not required for absent class action plaintiffs.
Federal Rules Shady Grove Orthopedic Assoc. v. Allstate Ins. Co.; diversity case; federal procedure that does not alter the rules for deciding a claim will control.
Appointed Counsel Turner v. Rogers; appointed attorney; civil contempt case may not require appointed counsel even if incarceration may be ordered.
Injunction U.S. v. New York Times; prior restraints on the publication of government information are unlikely when there is no threat to security.
Gender Discrimination Class Action Wal-Mart Stores, Inc. v. Dukes; Walmart sex discrimination; class actions require a common claim that can be resolved with one determination.
General Jurisdiction Out of State Goodyear Dunlop Tire Operations, S.A. v. Brown; General jurisdiction involves continuous corporate operations within a state; sporadic sales are not sufficient contacts with a forum state.
Nerve Center Test Hertz Corporation v. Friend; Diversity Jurisdiction; a corporation's nerve center is its principal place of business for purposes of diversity jurisdiction.
Fair Housing Act Swanson v. Citibank; racial discrimination in house appraisal; state a claim that is plausible to survive a motion to dismiss for failure to state a claim.
Audiotape Evidence Coble v. City of White House; Police audiotapes are not as conclusive as videotapes; corroborating evidence.
Federal Rules Control Shady Grove Orthopedic Association v. Allstate Insurance Co.; Rule 23 Class Action; Federal procedure that does not alter the rules for deciding a claim will control in diversity cases.
Rebuttal Evidence Bias v. Advantage Intern., Inc.; withstand motion for summary judgment; rebuttal evidence must cast doubt on credibility of testimony by using specific facts.
Contention Interrogatories Cable & Computer Technology, Inc. v. Lockheed Saunders, Inc.; Rule 33 states that an interrogatory is not objectionable because it asks for an opinion or contention that relates to fact or the application of law to fact.
Internet Contact Jurisdiction Community Trust Bancorp, Inc. v. Community Trust Financial Corp.; online services; continuous interaction with forum state supports jurisdiction.
Defective Consent to Removal Davis v. City of Shreveport Police Dept.; All properly joined and served defendants must join in the notice of removal or otherwise consent to the removal or the removal is defective.
Amount in Controversy Calculation Freeland v. Liberty Mut. Fire Ins. Co.; to support diversity jurisdiction, amount in controversy is the value of the consequences that may result from the litigation.
Malpractice is a State Law Claim Gunn v. Minton; legal malpractice cases do not arise under federal law even when the underlying case involved a controversy over the application of federal law.
Diversity Jurisdiction Not for Aliens H.K. Hullin International Trade Co., Ltd. v. Kevin Multiline Polymer, Inc.; No diversity exists in suits between resident and nonresident aliens.
A Deposition is a Deposition Tatman v. Collins; Discovery depositions may be introduced at trial; Federal Rules of Civil Procedure make no disctiction between discovery depositions and trial depositions.
Arbitration Agreements are Enforceable AT&T Mobility LLC v. Concepcion; Federal Arbitration Act will preempt state laws on the unconscionability of contracts if those laws single out arbitration and make private agreements to arbitrate unenforceable.
Interpleader Paragon Molding Ltd. v. Safeco Insurance Company; Interpleader exists to resolve inconsistent claims against designated assets based on mutually exclusive theories; resolve claims to the same funds and assets.
Preliminary Injunction Against Public Interest Winter v. Natural Resources Defense Council, Inc.; When ruling on a request for a preliminary injunction, a court must consider the consequences to the public interest of granting the request; great deference to the military.
Appearance of Bias Matters Caperton v. A.T. Massey Coal Co.; Appearance of risk of actual judicial bias may require a judge to recuse himself from consideration of a particular case.
Corporate Fraud Think outside the box.
Car Accident Car accidents lawsuit; liability for a auto accident.
Meet Half Way Read the fine print; negotiation concession; give and take in a negotiation.
Binding Arbitration Binding arbitration clause; binding mandatory arbitration; American Arbitration Association; binding arbitration provision; binding vs non binding arbitration; ADR; arbitration or mediation or negotiation.
Sleeping Pill Disclaimer Disclaimers; legal disclaimer; medical warning labels.
Mimes Court reporter cartoon.
Clarifications Innuendo; pay close attention to legal drafting for alternative meanings.
Soul Negotiation Selling your soul to the devil.
America's Most Wanted Cartoon. Be cool.
Divorce Mediation Divorce cartoon.
Quorum Board member arrested.
Prenuptual Agreements Prenups; antenuptual contract; cold feet, wedding cartoon.
Question Authority Bad legal advice.
Admission of Liability General settlement agreemet; legal effect of saying sorry.
Lying Under Oath Swear on the Bible.
Father's Day Cartoon Environmental law and lawsuit, pollution, Clean Air Act, Clean Air standards.
Stupid Criminal Dumb crimes.
Computer Crime Federal cybercrime laws.
Successful Appeal A defense win isn't necessarily a defendant win.
Street Smarts Negotiation in the real world; never accept a first offer.
Bored Court Reporter Court reporter cartoon.
Spam Lawsuit Spammer legal troubles.
Cameras in the Courtroom Court tv cartoon; allowing press access to trials.
St. Peter Cartoon Pearly gates; judgment day; purgatory.
Ten Commandments Cartoon Loophole, eye of the beholder.
Income Tax Federal income tax law, rules and procedure; IRS; taxes; tax code; tax forms; 1040; efile; tax filing instructions; Internal Revenue Service.
Refused to Negotiate Refuse negotiations; over my dead body.
Jury Duty Cartoon Law and Order cartoon; celebrity trial; mug shots; celebrity mugshot; celebrity crime photo; celebrity justice photo.
Making Connections It's who you know.
Why Bother With Divorce? End their marriage.
Corporate Corruption Cartoon Morally bankrupt; Chapter 13; Chapter 7.
Pouting Dissenter Appellate judges tease dissenter; dissenting judge.
Election Law Voting cartoon; electronic voting; Bush v. Gore; contested election; election cartoons; election lawsuit cartoon; voting case; hanging chad; disputed election count; judges vote.
Doctor Testimony Expert witness fees, witnesses.
Ineffective Assistance of Counsel Partial innocence.
Opening Statement Jurors cartoon; length of trials; sequester; jury cartoons.
Judge Judge cartoon; judge and jury; petit jury; hung jury; jury trial; jury duty; jury selection process.
Concise Closing Closing statement, summation.
Juror Intellect Jury of your peers cartoon.
Above the Law Get away with murder.
Assisted Suicide Cartoon Slick lawyer; euthanasia; euphamism; frame the issue.
Arbitrary Juries Jury cartoon; problems with juries.
Thinking About Death Estate planning cartoon; wills; trust attorneys.
Trustee Trust company; trustee responsibilities; successor trustee; trustee fees; trustee will; trustee services; personal representative; trustee job.
Trust Plan Inheritance tax; heirs; inherit; living trust; trust amendment; trust agreement; estate planning; legacy; revocable trusts; appropriate age to inherit.
Jury Selection Cartoon Kicking jurors; voir dire.
Bar Review Courses Bar review classes; bar exam; BARBRI; New York bar review; Texas bar review; California bar review.
Study for the Bar Bar exam; passing the bar; Tiger Mom; bar prep.
Bar Exam Bar exam cartoons; bar results.
Time Sheets Billable hour; hourly billing.
Alternative Dispute Resolution ADR cartoons; negotiations cartoon.
Contested Will Inheritance cartoon; estate gift; contest the will; disputed will.
Young Lawyer Disclaimers cartoon; begin legal practice.
Office Hell Cartoon Attorney stress; unhappy lawyer; job from hell; purgatory; church cartoon.
Busy Lawyers No free time; time pressure cartoon.
Frosty the Snowman Imminent death planning.
Bar Meetings Bar meeting cartoons.
Warrantless search Warrantless searches cartoon.
Christmas Card Holiday cartoon; Merry Christmas cartoo, minimum billable hours.
Happy New Year Cartoon Attorney greeting card.
Wish You a Happy New Year Lawyer greeting card.
Trusts Live On Trust survival.
Unemployed Lawyers Law firm unemployment; lawyer salaries cartoon.
Expert Witnesses Expert fees.
Bad Advice Original sin image; zero tolerance policy; Constitutional rights cartoon.
Internal Revenue Code IRS cartoons; tax cartoon.
Reading the Will Read the will cartoons.
Leading Question Ask leading questions.
Restaurant Release Mandatory liability waiver cartoons; releases.
Settle This Out Of Court Settling a case; settle your case.
Restraining Order Ineffective restraining orders.
Billable Exercise Billable time; time to exercise; busy schedule cartoon.
Mousetrap Cartoon Right to an attorney; call my lawyer; custody; custodial interrogation; need a lawyer.
Valentine's Day Cartoon Funny Valentine's Day image picture.
Plastic Surgery Lawsuit Total release; medical release cartoon; medical malpractice cartoons.
Motion Denied Gravestone cartoons; bad pun; bad puns.
Litigator Interview Hiring a lawyer; interviewing for a litigation job cartoon; references; personnel; human resources.
Law School Rankings New law school graduate; funny law school class cartoon.
Graduation Cartoon Funny graduation cartoons; starting real life; new lawyer; young lawyer; associate; recent graduate.
Terrorism Response FBI cartoons.
Optimistic Plaintiff Litigation happy.
Litigation Cost Cocktail party conversation.
Legal Expenses Opportunity cost; time cost.
Dog Cartoon Pet cartoons; negotiate; negotiations; negotiation; settlement conference; ADR.
Love the Law Why go into the law?
Frivolous Lawsuits Sue anyone and everyone.
Litigation Experience Experienced litigator.
Spam Legislation Anti-spam legislation; CAN-SPAM.
Crime Cartoon Funny lawyer joke; judge joke.
Killing on Wall Street How to deliver bad news.
Juvenile Delinquent Cartoon Juvenile delinquency; underage crime.
Wrongful Death Case Wrongful death lawsuits.
Workaholic Partner material.
Boyfriend Material Tax lawyers cartoon.
New Year's Resolution Cartoon New Year's funny.
Life Insurance Dumb criminals news; life insurance fraud; what is insurance fraud; stupid criminals; dumb crimes; stupid crimes; dumbest criminals; stupidest crooks;
White Collar Crime Stupid criminal.
Felon Pickup line cartoon.
Ineffective Assistance Disappointed convict.
Corporate Crime Embezzlement cartoons.
Tax Lawyer Award Award ceremony; funny awards cartoons.
Billable Hour The billable hour cartoons; billable hours.
Patent Litigation Budgets Patent busting cartoon; funny patent.
Not Afraid of Divorce Lawyers at a bar cartoons.
Liability Waiver Liability Waivers; funny disclaimers cartoons.
Hate Spam Funny criminal motive cartoon.
Nonjudgmental Judge Avoiding decision-making cartoons.
Judge's Indecision Decide case cartoon; judicialindecision.
Topic of Expert Testimony Experts cartoons.
Courtroom Surprise Cartoon Court strategy.
Divorce and Bankruptcy Financial effect of divorce funny image; lawyer advertising cartoon.
Opening Statement Cartoon Murder trial cartoons image.
Estate Plan Update estate plan; update living trust; pour over will; funding powers; certification of trust; funding instructions; trust transfer documents; trustee; trustmaker disability panel; contest provision; amendment to declaration of trust;
Retainer Agreement Sample retainer agreement form; legal retainer agreements; retainer fee agreement; attorney retainer contract; lawyer retainer agreement requirements.
Environmental Regulations Federal environmental regualtions; environmental laws; cost to business asscoiated with following environmental regulations and laws and trade theory evidence; EPA; toxic dumping; Envirnmental Protection Agency.
Ethics Professional ethics; ethics lawyer; lawyer ethics; legal ethics issues; attorney substance abuse and drug addiction; attorney ethics violation; ABA Model Rules of Professional Conduct; lawyer legal ethics; Mandatory Continuing Legal Education.
Time Management Personal life time management; work home balance; how to balance work and family; too much work or too little work; keeping up the billable hours; overworked.
Business Development Law firm marketing for attorneys; law firm business development strategy; legal marketing ideas; attorney marketing ideas.
Marketing Strategy Legal marketing; law firm marketing and business development; business development strategy; legal marketing and advertising ethics; attorney marketing strategy.
Probative Value Prejudicial effect; relevance; relevant evidence; whether the prejudicial effect outweighs the probative value; probative value versus the predjudicial effect.
Law School Acceptance to law school acceptance; don't go to law school; law school admissions test; LSAT; applying to law school; admission to law school.
Managing Partners Law firm managing partner salary; becoming managing partner; stressed out lawyers.
Legal Fee Legal fees; lawyer percentage fee; contingent fee for attorneys; contingency fee agreement; legal retainer agreement.
Rainmaking Increase billable hours; increasing billable hours for lawyers; attorney marketing and business development; rainmaking partner; partnership track; partner material.
Estate Planning Last will and testament; wealth protection; living trust; estate planning forms; estate planning trust; administration of trust; the common trust; resignation of trustee; replacement of trustee; trustee's investment powers.
Opposing Counsel Ethics Ethics opinion; ethical obligations of a lawyer; ethical obligation to opposing counsel; ethical duty to opposing attorney; ethically permissable; sexual relationship with opposing counsel.
Living Trust Pour over will; funding powers; certification of trust; funding instructions; trust transfer documents; trustee; trustmaker disability panel; contest provision; amendment to declaration of trust.
Make a Will Write a will; draft a will; writing a will; draft trust documents; trust plan; last will and testament; how to make a will.
Donation to Charity Donate to charity; planned giving; charitable donation; give to charity in your will or trust when you die.
Family Foundation Foundation board of directors; board of the foundation; Planned giving; charitable giving; family charitable foundation.
Donation Request Requests for donation; tax deductible donations; donation request letter; how to decide on a charity; too many charities requesting a donation; donor fatigue.
Litigator Litigator salary; litigator job; aggressive litigator; litigator jokes.
Filing Deadline Court filing deadline; deadline for filing motions; deadline for briefs; deadline calendar; filing date calendar; pretrail motion deadlines.
Business Lawyer Deal lawyer; transactional attorney; corporate lawyer; corporate attorney; managing partner; business attorneys; deal attorneys.
Engagement Letter Sample engagement letter; CPA engagement letters; lawyer letter of engagement; tax engagement letter; accounting; consulting.
Multitasking Golf cartoon; multitask; time pressure; quality time for oneself; excuse to play golf; golf excuses; why play golf; get ahead in business by playing golf.
Paralegal Best paralegal; staffing decisions; how to get good paralegal.
Eve of Trial Paralegal program; paralegal gift.
Paralegals Lawyer of the year usually has the best paralegals.
Hire a Paralegal Paralegal assistant to help with paperwork and research.
New Paralegal Paralegal certification and first paralegal job; paralegal certificate.
Lawyer or Paralegal Becoming a paralegal has other job benefits.
Paralegal Work Paralegal research assistants save attorneys' time.
Paralegal Careers A career as a paralegal; paralegal association.
Paralegal Job Job security for a paralegal; paralegals job description.
Paralegal Services What does a paralegal do; paralegal job description.
Paralegal Career How many hours do paralegals work?
What Is A Paralegal Lawyers need paralegals.
Paralegal School Paralegal programs; paralegal training; paralegel colleges; paralegal courses online;
Paralegal Position Lawyers argue over who getst the best paralegal.
Paralegal Degree Paralegal job offer; paralegal salary.
How To Be a Paralegal Attorneys need paralegals for a lot of reasons.
Paralegal Positions Paralegals in court.
Paralegal Employment Work deadline; urgent work project; emergency filing deadline.
Paralegal Jobs Work ethic; call in sick; workaholic; hard working employee.
Professor Grade papers; how to grade papers; how to grade a paper; grading papers; how to grade students; buried in exams to grade; buried in papers to grade.
Tenure Track Professor cartoon; law school professor; how to get tenure; make tenure.
Docket Automated docketing software; deadline reminders; court deadline; docket clerk; court date; docketing; federal court docket.
Circumstantial Evidence Evidence of drug sales.
Defense Strategy Courtroom Tactics; defense tactic; frame the issue.
Justice System Judge admonishing defense counsel; admonish defense counsel.
Alleged Until Convicted Innocent until proven guilty; guilty until proven innocent.
First Offense Prior cartoon; prior offenses.
Negotiation Mistake Mediation mistakes.
Zone of Agreement ZOPA; no zone of possible agreement in negotations; mediators; mediation; three little pigs; wolf.
Getting To Yes By Saying No Difficultion negotiation; positional bargaining; positional negotiation; Fisher and Ury; principled negotiation; non-adversarial bargaining; negotiation tactics; negotiation skills; negotiation strategies; negotiaiton techniques.
Bluff Bluffing; negotiate from a position of strength.
ADR Cartoon Alternative dispute resolution; negotiation skills workshop.
Negotiating Salary Offers Negotiate a higher starting salary; negotiating a salary package; negotating job offer; negotiate salary increase; salary and benefits.
Negotiation Negotiation tactics; negotiation skills; negotiation strategies; negotiaiton techniques; positional bargaining; positional negotiation; Fisher and Ury.
Tough Negotiation Difficult negotiations; negotiation strategy.
Marbury v. Madison Judiciary act, power to declare unconstitutional, appellate jurisdiction, mandamus, original jurisdiction.
Church Group Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez; discrimination at public university; First Amendment; expressive activity; pretext.
Goodridge v. Department of Public Health Same-sex partners are entitled to the benefits, liabilities, and obligations of civil marriage; gay rights; due process; equal protection; Massachusetts constitution.
Texas v. Johnson Burning the American flag, freedom of expression, first amendment, symbolic speech.
Purient Interests Roth v. United States; When an average person applying contemporary community standards feels that the dominant theme, taken as a whole, appeals to purient interests, the government can regulate the material as obscene. Pornography.
Political Question Doctrine Massachusetts v. Environmental Protection Agency, states can sue over global warming, case or controversy requirement. Environmental attorney. Damage to the environment.
City of Renton v. Playtime Theaters, Inc. Zoning ordinances may target secondary effects of speech without offending the first amendment, free speech, content based restriction.
Bowers v. Hardwick Fundamental right to engage in sodomy, homosexual conduct.
Detain Aliens Demore v. Kim; aliens may be detained pending removal deportation.
Brown v. Board of Education Separate but equal doctrine, public education, violates the fourteenth amendment, tangibly equal resources and facilities, segregation.
Bush v. Gore Constitutional standards apply to recounts, clear standards, determine voter intent, recount of votes.
Griswold v. Connecticut Right to privacy, marital relationship, contraceptives, penumbra, zone of privacy.
Hamdi v. Rumsfeld Citizen "enemy combatant" has due process right to contest his detention, non detention act.
Lawrence v. Texas Texas sodomy statute law, private consensual sexual conduct.
Plessy v. Ferguson Separate but equal accommodations, racial inferiority, the fourteenth amendment, separate but equal doctrine.
San Antonio v. Rodriguez Appropriations among school districts, comparative wealth, education is not a fundamental right.
Shelley v. Kraemer Judicial enforcement of racially restrictive covenants constitutes state action, fourteenth amendment.
Washington v. Glucksberg Laws prohibiting physician assisted suicide, terminally ill, mentally competent, patients in extreme pain, right to die.
Gonzales v. Raich Medical marijuana, cancer, terminally ill, prescription morphine.
Kelo v. New London Fifth amendment, eminent domain just compensation, public purpose, takings of private property, private economic development.
Cooper v. Aaron School desegregation, Brown v. Board of Education, supremacy clause.
Loving v. Virginia Interracial marriage, equal protection.
Yick Wo v. Hopkins Equal protection clause of the fourteenth amendment prohibits racial discrimination.
Washington v. Davis Disparate impact; disparate treatment.
Moose Lodge No. 107 v. Irvis Private club; state action.
Edmonson v. Leesville Concrete Company, Inc. Peremptory challenge; Batson challenge, state action, voir dire, exlude black jurors.
City of Richmond v. J.A. Croson Company Racial quota; strict scrutiny, remedial plan.
Adarand Constructors, Inc. v. Pena Affirmative action; strict scrutiny, race based compensation incentive, state actor.
Shaw v. Reno Gerrymandering; reapportionment; strict scrutiny; voting rights act, odd shaped voting districts.
Railway Express Agency, Inc. v. New York Equal protection; rational basis test.
Frontiero v. Richardson Sex suspect classification, similarly situated members of different sexes.
Craig v. Boren Intermediate scrutiny, gender based classifications.
United States v. Virginia Public university gender classification requires exceedingly persuasive justification.
City of Cleburne v. Cleburne Living Center Quasi suspect classification.
Romer v. Evans Equal protection clause; homosexual rights, state action.
Baehr v. Lewin Prohibition on same sex marriage; gay rights.
Palko v. Connecticut Fifth amendment; double jeapordy clause; concept of ordered liberty.
Adamson v. California Right against self incrimination.
Skinner v. Oklahoma ex rel. Williamson Forced sterilization violate due process.
Lochner v. New York Police power. The Fourteenth Amendment guarantees an individual the right to make a contract affecting his or her personal business.
Penn Central Transportation Company v. City of New York Eminent domain clause; takings clause, landmark, payment of just compensation.
Lucas v. South Carolina Coastal Council Eminent domain clause; takings clause, nuisance, regulation, payment of just compensation.
Tahoe Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency Moratorium on develepment as eminent domain clause; takings clause, payment of just compensation.
Reynolds v. Sims Reapportionment; dilution of representation, equal protection clause.
Edgewood Independent School District v. Kirby Public school expenditures among districts must be equal.
Saenz v. Roe Privileges and immunities clause; welfare benefits, length of residency.
Meyer v. Nebraska Liberty interests, teach english only.
Poe v. Ullman Actual controversy, actual dispute, declaratory judgment, nullification, per legem terrae, ripeness.
Roe v. Wade Complete ban on abortions violates the right to privacy, state, abortion laws, viable zone of privacy.
Planned Parenthood of Southeastern Pennsylvania v. Casey Restrictions on abortions cannot unduly interfere with a woman's right to choose, judicial bypass, substantive due process, undue burden test.
Board of Regents v. Roth Due process, contract rights, property interests, procedural due process.
Mathews v. Eldridge A hearing, termination of social security disability benefits, terminating disability benefits; administrative procedures, due process, entitlement.
R.A.V. v. City of Saint Paul Fighting words may be prohibited, ordinance, target race, color, creed, religion, or gender violates the first amendment, content based restriction, defamation, fighting words, libel.
Abrams v. United States The first amendment does not protect speech aimed at influencing the american public against the war the government is trying to wage.
Brandenburg v. Ohio Speech advocating social change is protected by the first amendment, speech that advocates violence but does not incite immediate use of force or violence.
New York Times Company v. Sullivan A public official may receive damages only for malicious libel, showing of actual malice, defamation.
Bartnicki v. Vopper Illegally obtained information, matter of public significance, chilling effect, intervenor.
Miller v. California Distribution of obscene material, the first amendment, sexually explicit material, prurient interest, lacks serious literary, artistic, political, or scientific value, obscenity, pornography.
Cohen v. California Vulgar speech does not disturb the peace, offensive speech.
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council The first amendment protects some commercial speech, flow of commercial information.
Buckley v. Valeo Contributions to political campaigns are protected as speech, limits on campaign contributions, limits on campaign expenditures, the first amendment.
United States v. Grace The first amendment prohibits denying access to a traditional public forum, sidewalks, forums for public expression, designated public forum.
Ward v. Rock Against Racism Noise ordinances advance a substantial government goal, limit speech, protect a legitimate government interest, content based, foreclose alternate avenues of communication; least restrictive intrusive.
International Society for Krishna Consciousness, Inc. v. Lee An airport terminal is not a public forum, regulations prohibiting solicitation for donations and religious leafleting.
Rust v. Sullivan Funding, abortion counseling programs, violate the first amendment.
Legal Services Corporation v. Valazquez Federal grant money, challenge welfare laws, the first amendment, legal assistance, welfare recipients.
Hazelwood School District v. Kuhlmeier Schools may exercise editorial control over student speech in school sponsored activities, the first amendment.
Madsen v. Womens Health Center, Inc. Injunction, the first amendment protection, narrowly tailored, prior restraint.
Board of Airport Commissioners v. Jews for Jesus, Inc. Overbreadth doctrine, a resolution that prohibits all conduct or speech protected by the first amendment is unconstitutional.
Board of Directors of Rotary International v. Rotary Club of Duarte Private association, denial of membership to women, unruh act to the california rotary clubs, the right of expressive association, the first amendment.
Employment Division Department of Human Resources v. Smith Free exercise clause, unemployment benefits, peyote, unemployment compensation, state criminal statute, religious ritual.
Everson v. Board of Education Government reimbursement to facilitate transportation of students to school does not violate the establishment clause.
Lee v. Weisman Prayers at commencement exercises violate the first amendment, state endorsement of religion.
Zelman v. Simmons Harris School voucher program, religious affiliated schools, vouchers to parents, not violate the establishment clause of the first amendment.
McCulloch v. Maryland Congress power to enact legislation to carry out its powers, constitutional authority, pass legislation, establish a national bank that is exempt from state taxing powers. necessary and proper clause.
Gibbons v. Ogden The constitution's grant of authority to regulate commerce among the states must necessarily include the ability to regulate navigation; commerce clause; dormant commerce clause; supremacy clause.
United States v. Darby Intrastate components of interstate commerce fall within the commerce clause, ability to regulate certain intrastate activities.
Heart of Atlanta Motel v. United States Racial discrimination has an economic impact and so may be regulated by congress under the commerce clause.
United States v. Lopez Enact school gun possession laws, connected with interstate commerce, congressional interference in a purely local concern.
The Civil Rights Cases The civil rights act was intended to protect the legal and civil rights of all citizens. civil rights civil rights act.
Jones v. Alfred H Meyer Company Congress has the authority to prohibit private discrimination in order to give full effect to the provisions of the thirteenth amendment.
Katzenbach v. Morgan State voting requirements cannot conflict with federal provisions, federal voting rights act. supremacy clause.
City of Rome v. United States Congress has the right to prohibit unintended effects of practices that do not alone violate the 15th amendment, prohibit voting practices, discriminatory purpose, discriminatory effect when applied.
City of Boerne v. Flores The religious freedom restoration act (rfra) exceeds congress' power under the fourteenth amendment and violates principles necessary to maintain separation of powers and a federal state balance.
United States v. Morrison Congress may not regulate non economic, violent criminal conduct based solely on an assertion that the conduct has a negative impact on interstate commerce.
South Dakota v. Dole Congress may condition payments of federal funds to states on their passage of laws restricting alcohol sales, spending power, twenty first amendment.
Missouri v. Holland Treaties, superior to state laws, federal laws and regulations enacted pursuant to a validly entered treaty take precedence over the laws of the individual states.
Garcia v. San Antonio Metropolitan Transit Authority State and local government employers are subject to the FLSA, application of the Fair Labor Standards Act to local government employers does not violate the tenth amendment.
New York v. United States Congress cannot impose a regulatory process on the individual states in violation of the tenth amendment, forcing individual states to comply with nationwide regulations.
Printz v. United States Congress may not compel state and local law enforcement officers to administer the brady act, federal law that requires a particular action by a state or local officer.
Gibbons v. Ogden States may not exercise regulatory power delegated to congress simply because congress has failed to act, absence of congressional action to regulate commerce.
City of Philadelphia v. New Jersey Restrict the flow of waste, landfills, states may not regulate commercial activity within their borders in such a way as to favor state interests. Dormant commerce clause.
Kassel v. Consolidated Freightways Corporation State regulations having a direct impact on interstate commerce must be justifiable as a safety concern.
United Building and Construction Trades Council of Camden County v. Mayor and Council of Camden Municipal ordinances that discriminate based on local residency may violate the privileges and immunities clause, municipal residency requirements have interstate effect.
Youngstown Sheet and Tube Company v. Sawyer The Steel Seizure Case Presidential authority must be explicit, president, specific constitutional provisions, there is no inherent executive authority, executive order.
United States v. Nixon Executive privilege does not shield the president from the judicial process, recognized claim of privilege, due process considerations, criminal trial, executive immunity, in camera inspection, speech or debate clause.
Immigration and Naturalization Service v. Chadha Three branches of government; grant of executive authority cannot be overridden by a congressional veto, once congress has acted to vest authority in an administrative agency, it cannot act to overturn the action of that agency in the absence of further l
Clinton v. New York The line item veto violates the constitution, line item veto act, virtual amendment of congressional acts by the president, delegation doctrine.
Bowsher v. Synar Sequestration, budget appropriations cannot be delegated to a legislator the delegation of executive functions to a legislative administrator violates the constitutionally imposed doctrine of separation of powers.
Morrison v. Olson The appointments clause of the constitution permits congress to delegate to the courts the ability to appoint special prosecutors who are inferior officers. Independent counsel.
Ex Parte McCardle Congress has constitutional authority to regulate the appellate jurisdiction of the federal courts and the supreme court. Repeal.
Baker v. Carr Apportioned; apportionment; guaranty clause of the constitution, judicially resolving an otherwise political question, political right; the equal protection clause, judicial question.
Nixon v. United States Nonjusticiable, impeachment of a federal judge, U.S. Senate, sole authority; judicial review, judicial participation.
Allen v. Wright Case or controversy requirement, cognizable controversy, redress, confer standing, satisfy the federal standing requirement, present injury.
Lujan v. Defenders of Wildlife Injury in fact and redressability must be established even under a federal statute conferring a private cause of action, private right of action, standing, personal injury, public, injury in fact. Injury to the environment.
Friends of the Earth, Inc. v. Laidlaw Enviornmental Services TOC, Inc. Plaintiff residents in the area of South Carolina's North Tyger River had standing to sue an industrial polluter against whom various deterrent civil penalties were being pursued.
Ashcroft v. American Civil Liberties Union Harmful internet content, least restrictive alternative to protect minors, suppresses a substantial amount of protected speech, unconstitutional, less restrictive alternatives exist.
Ashcroft v. The Free Speech Coalition Overbreadth doctrine, speech restrictions prohibiting a substantial amount of protected speech are overbroad and unconstitutional, child pornography, obscenity.
Board of Trustees University of Alabama v. Garrett States are not liable under the ada the americans with disabilities act, liable for employment discrimination, disability. eleventh amendment, equal protection, sovereign immunity.
Brentwood Academy v. Tennessee Secondary School Athletic Association Private associations can be state actors, state action, close nexus, challenged action, seemingly private behavior.
Brown v. Legal Foundation of Washington Iolta accounts are not takings requiring just compensation. Just compensation is measured by the property owner's loss rather than the government's gain.
Bush v. Gore Constitutional standards apply to recounts. In the absence of clear standards to determine voter intent, a recount of votes cannot be permitted.
City of Littleton Colorado v. Z.J. Gifts Licensing scheme implicating first amendment interests must provide for "prompt judicial review" of any administrative denial of a license.
Easley v. Cromartie Legislative determinations, district boundary challenges, legislatively drawn boundarie, legitimate political objectives, traditional districting principles.
Elk Grove Unified School Dist. V. Newdow Federal courts abstain from resolving state domestic relations issues, religious education, abstention, standing.
Engel v. Vitale Organized prayers in public schools are unconstitutional, the establishment clause of the first amendment, compose official prayers, religious program carried on by the government.
Florida Lime and Avocado Growers, Inc. v. Paul, Director, Dept. of Agriculture of California Conflict preemption requires impossible compliance with both federal and state regulations.
Grutter v. Bollinger Educational diversity is a compelling state interest, racial classifications, narrowly tailored, strict scrutiny.
Hamdi v. Rumsfeld Individual due process rights must be balanced against national security, citizen detainee, classification as an enemy combatant, habeas corpus, war power.
Lawrence v. Texas Regulation of sexual expression violates the fundamental right of privacy, state laws criminalizing homosexual relations violate substantive due process. Sodomy.
Locke v. Davey Public funding of religious instruction justifies scholarship restrictions, the free exercise clause, state financed religious instruction, establishment clause.
Lorillard Tobacco Company v. Reilly Federal cigarette advertising regulations preempt conflicting state regulations, congress expressly preempts state or local action, conflicting state regulation must yield to federal law, supremacy clause.
Lorillard Tobacco Company v. Reilly2 Restrictions on commercial speech are not subject to strict scrutiny.
Nevada Department of Human Resources v. Hibbs The FMLA; state governments are liable for money damages for interfering or restraining state employees exercise of their rights under the Family and Medical Leave Act of 1993; family leave.
Nguyen v. Immigration and Naturalization Service Gender based classification, basic biological differences between men and women factor into an equal protection analysis, substantially related to achieving an important governmental objective.
Palazzolo v. Rhode Island Eminent domain, inverse condemnation, just compensation, ripeness, taking, environmental concerns justify limitations on development, when a regulation denies all economically beneficial or productive use of property.
Palmore v. Sidoti Custody determinations, potential racial bias against the child, courts may not use private racial bias as a justification for official court action.
Pierce County Washington v. Guillen Congress may regulate intrastate activity that affects interstate commerce, the commerce clause, instrumentalities of interstate commerce.
Republican Party of Minnesota v. White Judicial impartiality is not a compelling enough interest to justify suppressing candidates views, government regulations that supress speech on the basis of its content must be narrowly tailored, first amendment.
Sabri v. United States Spending clause, appropriate federal funds for the general welfare, facial challenge, necessary and proper clause, spending power.
Shaw v. Murphy Prison officials have discretion to restrict prisoners speech, restrictions on prisoner's communication mst be "reasonably related to legitimate penological interests."
Silveira v. Lockyer The collective rights interpretation of the second amendment is affirmed; right to maintain an effective state militia and does not establish an individual right to own or possess firearms for personal use, right to bear arms.
Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers Administrative action conflicting with clear statutory language is not entitled to deference, administrative authority; commerce clause.
State Farm Mutual Automobile Insurance Company v. Campbell Punitive damages awards must be weighed against the compensatory damages; reprehensibility of the defendant's conduct, disparity between actual harm caused and amount of the punitive damages awarded. bad faith, supersedeas bond.
Tennessee v. Lane Title ii of the ada is a valid exercise, abrogate the state's eleventh amendment immunity, congress must have unequivocally expressed its intent; americans with disabilities act.
Thomas and Windy City Hemp Development Board v. Chicago Park District Content based restriction, prior restraint, requiring permits for all public assemblies does not infringe on the freedom of speech, content neutral regulation of access to public property, provides adequate standards.
United States v. American Library Association, Inc. Libraries do not violate the first amendment by blocking pornography, censor.
United States v. Seeger Religion, the test of whether a belief "in a relation to a supreme being", sincere and meaningful, occupies a place in the life of its possessor parallel to that filled by the orthodox belief in god.
Vieth v. Jubelirer Political gerrymandering claims are not justiciable, no judicially discoverable and manageable standards for resolving the issues presented, nonjusticiable political question, justiciability.
Virginia v. Black Burning a cross, violates the first amendment, state statute banning cross burning with the intent to intimidate another person, free expression, prima facie evidence.
Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton Freedom of speech includes the right to disseminate religious views at private residences; requiring a permit, door to door activities on private residential property.
Whitman v. American Trucking Association, Inc. Delegation doctrine; executive action involves a certain degree of administrative discretion; intelligible principle; legislative power; separation of powers.
Gratz v. Bollinger A point system emphasizing minority status violates equal protection; university admissions policies; take race into account, affirmative action; reverse discrimination.
Rogers v. Lodge Discriminatory at large voting schemes are unconstitutional; multimember districts violate the fourteenth amendment; motivated by a discriminatory purpose.
McCleskey v. Kemp forthcoming
Mobile v. Bolden At-large system violate Amendments Fourteen or Fifteen or the Voting Rights Act on if there is discriminatory intent.
Village of Arlington Heights v. Metropolitan Housing Development Corporation Disproportionate impact; equal protection violation; proof of intentional or purposeful discrimination; disparate impact; invidious discrimination; zoning.
Hill v. Colorado Confrontational speakers; unwilling recipients; a reasonable restriction on the time, place, and manner of protected speech does not violate the first amendment; content-based restriction; forum.
Martin v. Hunter's Lessee Martin v. Hunter's Lessee, the Unites States Supreme Court is the singular revising authority to control discordant state court judgments and harmonize them.
Desegratation Laws Cooper v. Aaron.
Commerce Power Gibbons v. Ogden.
Commerce Clause Hammer v. Dagenhart [The Child Labor Case], prohibiting the use of the facilities of interstate commerce to effect an intended evil.
Medical Marijuana Gonzales v. Raich, medicinal marijuana violates federal drug laws under the commerce clause powers.
Dormant Commerce Clause C&A Carbone, Inc. v. Clarkstown, ordinance that discriminates against interstate commerce in favor of local business or investment is per se invalid, unless municipality demonstrates it has no other means to advance a legitimate local interest.
United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, limits C&A Carbone, Inc v. Clarkstown holding regarding waste management activities by governments.
Barriers to Interstate Trade Violate the Commerce Clause Baldwin v. G.A.F. Seelig, Inc., Barriers to commercial traffic between states, direct or indirect, violate the Commerce Clause when purpose and effect of such barriers is to suppress or mitigate the consequences of competition between states.
Hamdan v. Rumsfeld Accused terrorists hearings before regular tribunals, military commissions.
Kelo v. City of New London Eminent domain, just compensation, public purpose, takings of private property for use by other private citizens pursuant to a carefully considered economic development plan intended for a public purpose are valid under the Fifth Amendment.
Partial Birth Abortion Ban Gonzales v. Carhart, woman's health, late term abortions.
Racial Balancing Strict Scrutiny Parents Involved in Community Schools v. Seattle School District, all racially based state action must pass strict scrutiny, even if the asserted purpose is racial balancing.
Federal Election Commission v. Wisconsin Right to Life Federal Election Commission v. Wisconsin Right to Life, Bipartisan Campaign Reform Act, corporations may sponsor issue oriented ads advertisements prior to an election.
Ten Commandments Displays Establishment Clause McCreary County v. ACLU of Kentucky, ten commandments displays in county courthouses violate the first amendment establishment clause.
Ten Commandments on State Capitol Grounds Van Orden v. Perry, The mere fact that an object has some religious significance does not automatically mean that it runs afoul of the Establishment Clause.
Constitutional Interpretation District of Columbia v. Heller; Words and phrases in the Constitution are to be interpreted according to their normal and ordinary meanings as understood when the provision in question was adopted; second amendment.
Taxpayer Standing to Challenge Executive Branch Actions Hein v. Freedom from Religion Foundation; Taxpayers have standing to bring Establishment Clause challenges to a federal expenditure only if that expenditure is made pursuant to an explicit congressional authorization; establishment clause.
Congressional Regulation of Intrastate Commerce Gonzales v. Raich; Medical marijuana; Prescription marijuana; THC; Congress may regulate intrastate activity if there is a rational basis for concluding that the activity may have a substantial effect on interstate commerce; necessary and proper clause.
A State May Be Sued for Some ADA Violations United States v. Georgia; The enforcement power in the Fourteenth Amendment gives Congress the power to create a private right of action for violations of the Amendment; Americans with Disabilities Act; sovereign immunity.
Suspension Clause Boumediene v. Bush; If the privilege of habeas corpus is to be denied, Congress must act in accordance with the requirements of the Suspension Clause; ultra vires.
Dormant Commerce Clause Laws United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority; Laws that favor government operations, but that treat all private businesses equally, do not violate the Commerce Clause; dormant commerce clause.
Tobacco Litigation Philip Morris U.S.A. v. Williams; An award of punitive damages based on a desire to punish the defendant for harming persons not before the court is an unconstitutional taking of property without due process.
Race Based Classifications are Subject to Strict Scrutiny Johnson v. California; All racially based classifications imposed by the government are subject to strict scrutiny, including classifications made by prison authorities.
Regulation of Abortion Gonzales v. Carhart; Laws that place restrictions on abortion that express respect for the life of the unborn are valid, if laws do not unduly burden a woman's right to obtain an abortion; as-applied challenge; overbreadth doctrine; void for vagueness.
Right to Vote Allows ID Checks Crawford v. Marion County Election Board; Evenhanded restrictions on the right to vote that are related to voter qualifications and that protect the integrity and reliability of the electoral process are valid.
Restraining Order Violation Town of Castle Rock v. Gonzales; An individual who has obtained a restraining order against another does not have a constitutionally protected property interest in the enforcement when there is probable cause to believe it was violated.
On Campus Recruiting Rumsfeld v. Forum for Academic & Institutional Rights, Inc; Conditioning the receipt of federal funds on allowing military recruiters to have access to a college campus does not violate the First Amendment; freedom of association.
Campaign Contribution Limits Must Be Reasonable Randall v. Sorrell; Limits on campaign contributions may not be set so low as to magnify the advantages of incumbency and prevent a candidate from raising sufficient funds to mount an effective campaign; stare decisis.
Public Employees' Work Related Speech Not Protected Garcetti v. Ceballos; Public employees who speak as a part of their official duties are not protected from employer discipline by the First Amendment; brady material.
Accomodating Religious Practices Is not Establishment Cutter v. Wilkinson; The Religious Land Use and Institutionalized Persons Act is a permissible accommodation of religion that does not violate the Establishment Clause; free exercise clause.
Compelling State Interest Test Parents Involved in Community Schools v. Seattle School Dist. The Fourteenth Amendment prevents states from according differential treatment to American children on the basis of their race; compelling state interest test; Equal Protection Clause.
Batson Challenge Hernandez v. New York; A policy of striking all who speak a given language, without regard to the particular circumstances of the trial or the individual responses of the jurors, may be a pretext for racial discrimination; peremptory challenge.
Same-Sex Gay Marriage Legal In California In re Marriage Cases; gay rights; impermissible to treat gay individuals and same-sex couples any differently than heterosexual individuals and opposite-sex couples; compelling-state-interest-test; strict scrutiny; suspect class.
Freedom of Expression Virginia v. Black; A state statute banning cross burning with the intent to intimidate another person is not unconstitutional, but the establishment of criminal intent from the prohibited act itself violates the First Amendment; content-based restriction.
Soft Money Contribution Cannot Circumvent Campaign Contribution Limits McConnell v. Federal Election Commission; Congress has a legitimate interest in curbing undue influence on an officeholder's judgment, as well as the appearance of such influence; quid pro quo.
Establishment Clause v. Free Exercise Clause Locke v. Davey; Although the Establishment Clause and the Free Exercise Clause are often in tension, there is room for play in the joints between them.
FMLA Is Legal Nevada Department of Natural Resources v. Hibbs;State governments are liable for money damages for interfering or restraining state employees' exercise of their rights under the Family and Medical Leave Act of 1993.
Standing Requirements for Environmental Claims Massachusetts v. EPA; For standing, a litigant must ordinarily demonstrate it has suffered concrete and particularized injury that is either actual or imminent, fairly traceable to defendant, and a likelihood that a favorable decision would redress injury
Enemy Combatant Rights to Habeas Corpus Boumediene v. Bush; In cases of undue delay, federal courts may entertain an enemy combatant's habeas corpus petition even before the Combatant Status Review Tribunal has had a chance to review his status.
Redressability And Immediacy Massachusetts v. EPA; Standing; A litigant Congress has accorded a procedural right to protect his concrete interests (right to challenge agency action unlawfully withheld) can assert that right without meeting standards for redressability and immediacy.
Corporations' Political Speech is Protected Citizens United v. Federal Election Commission; The government may not suppress political speech on the basis of the speaker's corporate identity.
Right To Keep and Bear Arms McDonald v. City of Chicago Individual self defense is the central component of the Second Amendment right to keep and bear arms and is deeply rooted in the nation's history and tradition. Heller analysis.
State Imposed Term Limits U.S. Term Limits v. Thornton. State term limits for its federal representative is contrary to the democratic maxim that the people should choose whom they please; is inconsistent with the Framers' vision of a uniform national legislature.
The Child Labor Case Hammer v. Dagenhart [The Child Labor Case]. The commerce power includes the power to regulate by prohibiting the use of the facilities of interstate commerce to effect an intended evil, but it is not a means to prohibit the evil itself.
Commerce Clause Can Reach Intrastate Labor Practices NLRB v. Jones & Laughlin Steel Corporation. Congressional power to protect interstate commerce is not limited to transactions which are an essential part of the flow of interstate commerce; can use against activities that merely burden or obstruct.
Tax Statutes Bailey v. Drexel Furniture Co. (The Child Labor Tax Case). The presence of extensive penalizing features, indicating a primary purpose to regulate, may render a tax statute constitutionally invalid.
The Taxing Power United States v. Butler. The Taxing Power may not be used to purchase compliance with a regulation that Congress has no power to enact.
The Spending Power South Dakota v. Dole. The constitutional limitations on Congress when exercising its spending power are less than the limits on its authority to regulate directly such as through the Commerce Power.
War Powers Woods v. Cloyd W. Miller Co. Congress' War Power may continue after hostilities have ended in order to remedy problems brought on by the conflict.
The Selective Exclusiveness Test Cooley v. Board of Wardens. The Commerce Clause does not block state regulation of local subject matter, but blocks any state commercial regualtion dealign with a national subject matter.
Stream Of Interstate Commerce Philadelphia v. New Jersey. The Commerce clause protects other States from efforts by one State to isolate itself in the stream of interstate commerce from a problem shared by all, such as garbage.
Least Restrictive Means Test Dean Milk co. v. Madison. A health and safety ordinance that discriminates against interstate commerce will be invalid if reasonable and adequate non-discriminatory alternatives are available.
Market Participant Doctrine South Central Timber Development, Inc. v. Wuunicke. Although state owned businesses may favor resident purchasers, they may not attach conditions to the sale of products that will burden interstate commerce.
Least Discriminatory Means H.P. Hood and Sons v. DuMond. Laws limiting access to in state resources will be invalidated unless the state identifies a valid, nonprotectionist purpose for the law that cannot be achieved through less discriminatory means.
Privileges And Immunities Clause United Building and Construction Trades Council v. Mayor and Council of Camden. A law that survives Commerce Clause scrutiny throught the market participant exception may be subject to the Privileges and Immunities Clause of the Constitution.
Preemption Under The Supremacy Clause Pacific Gas and Electric v. State Energy Resources Conservation and Development Commission; Preemption cases depend on how the court charcterizes the purposes of the state statute and the controlling federal statute. Supremacy Clause.
Claims Against Foreign Governments Dames and Moore V. Regan; The President has the power to suspend pending claims against foreign governments where such action is necessary to the resolution of a major foregin policy dispute and where Congress has acquiesced.
Line Item Veto Act Clinton v. City of New York; Use of Line Item Veto Act to cancel spending for a budget item violates the Constitution by permitting the virtual amendment of Congressional acts by the President.; delegation doctrine.
Presidential Immunity Clinton v. Jones; A sitting President does not enjoy temporary immunity from all civil lawsuits for his unofficial acts.
Early Fifth Amendment Case Barron v. Mayor and city Council of Baltimore; Early Supreme Court cases held that the Fifth Amendment does not apply to the states. In this case, the Constitution does not compel just compensation.
Slaughter-House Cases Slaughter-House Cases; The 13th Amendment and 14th Amendment are to be read narrowly to apply only to former slaves and African-Americans. Procedural guarantees are not yet applicable to the states.
Lochner Era Lochner v. New York; A law that infringes on freedom in the marketplace and freedom of contract is unconstitutional if it does not bear a reasonable relation to a legitimate governmental purpose.
Price Controls Nebbia v. New York; Court relaxes its scrutiny of the permissible purposes of economic regulation. Here, price controls on milk that are nondiscriminatory and bear a reasonable relation to a proper legislative purpose are constitutional.
Economic Regulation Williamson v. Lee Optical; Economic regulation is constitutional if there exists some hypothetical rationale for the legislation.
Land Use Regulation As A Taking Pennsylvania Coal Co. v. Mahon; A land use regulation that severely restricts land use rights can constitute a taking, which is unconstitutional unless just compensation is paid by the government.
The Contracts Clause Home Building And Loan Association v. Blaisdell; Supreme Court looses restraints imposed by Contract Clause in time of economic emergency so state can legislatively alter remedies for the collection of debts if reasonably related to a public purpose.
Race Based Admissions to State Schools Regents of University of California v. Bakke; Admissions programs of state schools may achieve diversity in the studenty body by considering the race of its applicants among other factors. Affirmative Action; Racial Quota System.
Equal Protection Requires Plausible Reasons U.S. Railroad Retirement Board v. Fritz; A federal statute does not violate equal protection if Congress could have had a ratoinal reason for treating similarly situated people differently in social or economic regulations.
Poll Taxes Harper v. Virginia State Board of Elections; Poll taxes or voter wealth as a precondition for voting are unconstitutional.
Voting Restrictions In School District Elections Kramer v. Union Free School District No. 15; Restriction of voting in school district election to parents and property owners or lessors is a violation of equal protection.
Gerrymandering Davis v. Bandemer; Courts will review political gerrymandering controversies. For a violation of equal protection must prove both intentional discrimination against an identifiable political group and an actual discriminatory effect on that group.
Appeal of Termination of Parental Rights M.L.B. v. S.L.J.; Equal Protection prohibits States from denying an appeal to a party whose parental rights are terminated just because she cannot afford to pay for the required trial transcript. Must provide the transcript for indigent party's appeal.
Civil Rights Cases Racial discrimination by purely private acts of private individuals will not violate the thirteenth amendment or fourteenth amendment. State Action; Quasi-public employment; badges and incidents of slavery.
State Action Jackson v. Metropolitan Edison Co.; State action may be found in a private party's action only if is a sufficient connection between the state and the challenged action, something more than just a connection between the state and private party.
Conspiracy to Violate Constitutional Rights United States v. Guest; Equal Protection can punish state officers and agents and their conspirators to prevent individuals from exercising constitutional rights. May punish private actors who conspire to violate individuals' civil rights.
Gender Motivated Violence United States v. Morrison; Contress may not remedy the bias against victims of gender-motivated violence under the Fourteenth Amendment.
Clear And Present Danger Test Schenck v. United States; The Constitution permits the punishment of speech when the words are used in such circumstances and are of such a nature as to create a clear and present danger. Freedom of Speech. 1917 Espionage Act.
Speech Criticizing A Law Doesn't Break It Masses Publishing Co. v. Patten; Speech criticizing a law may not be punished as encouraging the violation of the law unless the full meaning of the expression directly counsels or advises others to violate the last as it stands.
Limits of the Clear and Present Danger Test Gitlow v. New York; The clear and present danger test does not apply to state laws where the state legislature has determined pursuant to police powers that certain kinds of utterances involve a danger of substantive evil. Due Process Clause.
Clear And Present Danger Test Case Whitney v. California; A state may pursuant to police powers punish utterances or joining a group inimical to the public welfare as inciting crime, disturbing the public peace, or threatening the unlawful overthrow of organized governments.
Clear And Present Danger Standard Dennis v. United States; When speech or publication creates a clear and present danger of attempting or accomplishing a crime, government may restrict that speech and a convict relying on the speech and press.
Incitement To Riot Feiner v. New York; When a public speaker passes the bounds of argument or persuasion and undertakes incitement to riot, police may stop the speaker from speaking, even if it means suppression of the speaker's ideas.
Obscenity Miller v. Calfornia; Statutes barring obscenity must be drawn in enough detail to allow producers of obscenity to structure their conduct to comply with the law.
Obscenity Laws Paris Adult Theatre I v. Slaton; States can restrict obscenity in order to protect the public's interest in order and morality, even when the material is not available to minors or unconsenting adults.
The First Amendment American Booksellers Association v. Hudnut; The First Amendment's interest in promoting free speech outweighs the possibility that an injury may occur as a result of the speech. State may not declare one perspective right and silence opponents.
Indecent Words Regulation By The FCC FCC v. Pacifica Foundation; Indecent words not used to express political or social opinions can, in the broadcast media, be left unprotected by the First Amendment and thereby be restricted by the government.
Minors Access To Pornography Reno v. American Civil Liberties Union; Laws regulating the access of minor to indecent and sexually-explicit content must be written in such as way that they do not infringe upon the rights of adults to access the same material.
Commercial Speech Central Hudson Gas v. Public Service Commission; Restrictions on commercial speech must serve a substantial government interest, restrict speech in the most limited way possible, and must not restrict speech unrelated to the government interest.
Commercial Speech Restrictions 44 Liquormart, Inc. v. Rhode Island; Government may not restrict non-misleading commercial speech when its objective can be achieved through a different, only slightly more difficult-to-implement means.
Permitted Free Speech Regulations United States v. O'Brien; A governmental regulation may restrict speech if the goal is unrelated to the suppression of free speech, and the incidental restriction on alleged First Amendment freedoms is no greater than essential to legitimate interest.
Time Place and Manner Restrictions Members of City Council v. Taxpayers for Vincent; An incidental restriction on expression is justified as a reasonable regulation of time, place or manner of expression so long as the restriction is narrowly-tailored to serve significant government intere
Symbolic Speech Expression Clark v. Community for Creative Non-Violence; Symbolic expression is subject to reasonable time, place and manner restrictions if without reference to the content of the regulated speech, narrowly-tailored and leave ample alternative communication.
Public Employee Speech Connick v. Myers; When a public employee speaks not as a citizen but as an employee upon matters of personal interest, and that speech may cause disruption in the employee's office, the First Amendment usually does not protect.
Prior Restraints On The Press Near v. Minnesota; One of the chief purposes of the constitutional guarantee of freedom of the press is the prevention of impositions of prior restraints on the press.
The Pentagon Papers New York Times Company v. United States; Prior restraints on expression are presumptively unconstitutional, and will only be permitted when the government meets the heavy burden of showing that the restraint is justified.
Right of Free Association NAACP v. Alabama; Curtailment by the state of the fundamental right of free association will be found unconstitutional unless it is show to be necessary to the achievement of a compelling government interest.
Freedom of Association Shelton v. Tucker; Abridging the right to freedom of association must be pursued by the most narrow means possible.
Least Restrictive Means for Personal Liberties Gibson v. Florida Legislative Investigation Committee; Impinging on the right of free association, free speech, press and petition requires convincing showing of substantial relationship between restriction and overriding and compelling state interest.
Litigation as Political Expression NAACP v. Button; When litigation is used as a form of political expression the government may limit it only if there is a compelling state interest.
Reporters Must Testify Before Grand Jury Branzburg v. Hayes; The First Amendment freedom of the press does not protect news reporters from the obligation to testify before a grand jury.
Taxes Can Violate Free Speech Minneapolis Star and Tribune Co. v. Minnesota Commissioner of Revenue; Differential treatment of the press causes a presumption of a purpose to suppress expression, so subject to strict scrutiny. Here a tax was struck down.
Freedom of Religion Church of the Lukumi Babalu Aye v. City of Hialeah; Laws that restrict freedom of religious practice that are not of general application must be narrowly tailored to achieve an important and compelling governmental objective.
Free Exercise of Religion Sherbert v. Verner; Denial of government funded benefits because of religious reasons to a person who is otherwise eligible unconstitutionally infringes on their right to free exercise of religion.
Religious Neutral Laws Employment Division, Department of Human Resources v. Smith; Generally applicable, religion-neutral laws that have the effect of burdening a particular religious practice need no be justified by a compelling governemental interest.
Public School Accomodation of Religion Zorach v. Clauson; When a public school accommodates religious practice, without supporting or promoting it in any way, such accomodation does not violate the Establishment Clause of the First Amendment.
School Prayer Lee v. Weisman; Including religious or religion related topics in official public school functions is coercive in nature so violates the Establishment Clause of the First Amendment.
Teaching Religion in Schools Edwards v. Aguillard; A law that promotes a particular religious doctrine in the public schools violates the Establishment Clause of the First Amendment.
Governmental Action And Establishment Clause Lynch v. Donnelly; Governmental action that has either the purpose or effect of endorsing or disapproving a particular religion is in violation of the Establishment Clause of the First Amendment.
School Voucher And Tax Deductions Meuller v. Allen; Provision of a neutrally applicable tax credit to parent of children attending elementary and secondary schools, whether public or private, sectarian or secular, to cover educational expenses does not violate the Establishment Clause.
Morse v. Frederick Do public schools have a First Amendment right to keep students from exhibiting a message advocating drug use at a school-sponsored event supervised by faculty? School principal was liable under the Civil Rights Act for disciplining a student.
Gonzales v. Carhart Nebraska partial birth abortion statute violated the Federal Constitution, as interpreted in Planned Parenthood of Southeastern Pa. v. Casey and Roe v. Wade.
ACA National Federation of Independent Business v. Sebelius; Obamacare; Affordable Care Act; Commerce Clause; health insurance; healthcare; individual mandate; minimum coverage; pre-existing conditions; premiums; Chief Justice Roberts.
Obamacare National Federation of Independent Business v. Sebelius; Affordable Care Act; ACA; Taxation Clause; Congress authority to levy taxes; health insurance; healthcare; individual mandate; minimum coverage; pre-existing conditions; premiums.
Affordable Care Act National Federation of Independent Business v. Sebelius; Obamacare; Medicaid expansion; Spending Clause; Congress spending power; Medicaid funding; health insurance; healthcare; individual mandate; pre-existing conditions; premiums.
Immigration Law Arizona v. United States; Federal law preempts state law on immigration and alien registration laws; SB 1070; deportation; preemption; Congress Supremacy Clause; Uniform Rule of Naturalization.
Campaign Finance Arizona Free Enterprise Club's Freedom Club PAC v. Bennett; Arizona Citizens Clean Elections Act; matching funds substantially burdens protected political speech without serving a compelling state interest and violates the First Amendment.
Censorship Brown v. Entertainment Merchants Association; First Amendment rights for minors; strict scrutiny; violent video games; free speech; parental advisory; guardians; restriction; violence rating.
DNA Evidence District Attorney's Office for the Third Judicial District v. Osborne; exonerating DNA testing; no post-conviction constitutional right to access DNA evidence; due process.
Political Speech Holder v. Humanitarian Law Project; Free Speech; First Amendment; prohibiting provision of material support to foreign terrorist organizations does not ban pure political speech or prohibit independent advocacy or expression.
Religious Monument Pleasant Grove City, Utah v. Summum; park is a traditional public forum, but the display of a monument is not expression to which forum analysis applies, and instead is a form of government speech not subject to Free Speech strict scrutiny.
Vicious Speech Snyder v. Phelps; First Amendment; public concern; hate speech; homophobia; anti-gay slurs; public property protesters; picketers
Dog Fight United States v. Stevens; First Amendment; dog fighting video legal; free speech; overbreadth doctrine; animal cruelty.
Civil Commitment United States v. Comstock; Necessary and Proper Clause; confinement; mentally ill, sexually dangerous prisoners detained beyond the date of release; hold pedophile; child molestation; sentencing; Adam Walsh Child Protection and Safety Act.
Criminal Libel Beauharnais v. Illinois; libel is not a constituionally protected speech; Free Speech; "clear and present danger" instruction to jury not required; racism; racist petition; slander.
Freedom Of Expressive Association Boy Scouts of America v. Dale; BSA allowed to discriminate against homosexuals; gay or lesbian scout leader; First Amendment expressive associational right; freedom of expressive association; Eagle Scout; morally straight; LGBT.
Fighting Words Chaplinsky v. New Hampshire; name-calling, epithets, personal abuse are not protected by the First Amendment; Constitution will not protect fighting words or hate speech; incite violence.
Adult Business Zoning City of Los Angeles v. Alameda Books, Inc.; zoning ordinance prohibiting adult businesses to be in close proximity; adult book store; adult video; also applies to strip clubs.
Content Based Regulation of Speech Collin v. Smith; neo-Nazi group may parade through Holocaust survivor town; Free Speech; peaceful expression of unpopular or racist views; ACLU; content-based restriction legislation.
Dred Scott Dred Scott v. Sandford; slave could not become a citizen by living in the North; Constitution did not apply to the enslaved black African race; purchase freedom offer refused; diversity jurisdition.
Content Based Restriction Erznoznik v. Jacksonville; content restriction; First Amendment; time, place, and manner restriction; drive-in movie; obscenity; offensive speech; appeals to a prurient interest in sex; Free Speech.
New York Times Standard Gertz v. Robert Welch, Inc.; defamation; libel; freedom of speech; freedom of press; public figure; public official; public interest; private individual; defamatory falsehood; First Amendment; Free Speech.
Terrorist Free Speech Holder v. Humanitarian Law Project; prohibiting the provision of material support to foreign terrorist organizations does not ban pure political speech or prohibit independent advocacy or expression of any kind; it prohibits material support; Free Speech;
Private Parade Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston; private group parade in public place; discrimination based on sexual orientation; Free Speech; First Amendment; expression.
Parody Public Figure Hustler Magazine v. Falwell; public figure or public official may not recover for intentional infliction of emotional distress due to parody publication without actual malice; Free Speech; First Amendment; invasion of privacy.
Child Pornography Law New York v. Ferber; adult books and adult videos with children are not protected by the First Amendment or Free Speech; no redeeming value and obscenity standard does not apply; sexual exploitation of minors.
Phone Sex Regulations Sable Communications, Inc. v. FCC; pornography on telephone; sex talk; sexual messages; prurient interest; explicit; indecent; obscene; FCC regulations; Free Speech; First Amendment.
Stolen Valor Act United States v. Alvarez; crime to falsely claim having received military decorations or medals; no exception to the First Amendment or Free Speech for false statements; content-based restrictions require most exacting scrutiny.
Farming Interstate Commerce Wickard v. Filburn; Agricultural Adjustment Act; interstate commerce applies to home grown foods; Congress can regulate food consumed by grower.
Adult Theater Zoning Young v. American Mini Theatres; local ordinance zoning adult business; First Amendment; Free Speech; offensive speech; sexual content; obscenity; indecency.
Ban on Same Sex Marriage Perry v. Brown; Proposition 8; the U.S. Constitution requires a legitimate reason for the passage of a law that treats different classes of people differently; descrimination against gays and lesbians is not a legitimate purpose.
Constitutional Law Rosenberger v. Rector and Visitors of the University of Virginia; Viewpoint-based distinctions in public spending violate the First Amendment; Establishment Clause.
Miller-El v. Dretke Peremptory challenge; juror discrimination; racial discrimination; Batson v. Kentucky, Johnson v. California.
Adamson v. California The fifth amendment's protection against self incrimination; state prosecutions; through the fourteenth amendment.
Arizona v. Fulminante Harmless error rule; admission of a coerced confession; warrant re-trial; stare decisis.
Bell v. Cone Death penalty; capital punishment; death row; actions of defense counsel are presumed reasonable; capital offense; defense attorney; defense strategy.
Berkemer v. McCarty Custodial interrogation; noncustodial interrogation; ordinary traffic stops do not give rise to a need for miranda warnings.
Board of Education v. Earls Suspicionless drug testing of public school students involved in extracurricular activities is a reasonable; special needs analysis.
Douglas v. California Indigent defendants are entitled to counsel for the first appeal as of right; ex parte; in forma pauperis.
Faretta v. California Sixth amendment; defendant has the right to represent himself at trial, as long as his decision to do so is voluntary and intelligent. pro se.
Florida v. Bostick Bus searches are not necessarily an unreasonable restraint on a passenger s freedom; randomly; an individual's freedom to leave.
Gideon v. Wainwright Right to counsel; state court felony defendants are entitled to counsel; indigent defendants charged with felonies in state court proceedings have the right to have counsel appointed for them.
Horton v. California Warrantless seizure of evidence of a crime found in plain view should not be prohibited by the fourth amendment, plain view" doctrine.
Lisenba v. California Coerced confession was allowed in death penalty case.
Mapp v. Ohio All evidence obtained by unreasonable searches and seizures in violation of the fourth amendment is inadmissible in state court; overrules wolf v. colorado; stare decisis.
Maryland v. Buie Protective sweep of a dwelling is valid pursuant to a lawful arrest; reasonable suspicion that there is some danger; protective sweeps.
Maryland v. Craig The confrontation clause; protect a child witness from trauma; testifying in the physical presence of the defendant, ensures the reliability of the evidence; rigorous adversarial testing; essence of effective confrontation; cross examination.
Michigan v. Long Terry frisk of an automobile for weapons; search of the passenger compartment; reasonable belief, based on specific and articulable facts and the rational inferences; gain immediate control of weapons.
Miranda v. Arizona Custodial interrogation; duress; exculpatory evidence; inculpatory evidence; miranda rule; right against self incrimination; defendants must be informed of their rights prior to interrogation; used against the defendant at trial; right to remain silent.
Missouri v. Hunter Concurrent sentence; cumulative sentence; same offense; defendants may be sentenced in a single trial under mutltiple statutes proscribing the same conduct; cumulative punishment.
North Carolina v. Butler Express waiver; implied waiver; waiver of counsel; waiver may also be inferred by the words or conduct of the suspect.
Oregon v. Mathiason Miranda warnings are not required in noncustodial interrogations; custodial setting; custodial interrogation.
Spano v. New York Confessions obtained by relentless questioning and plays for sympathy violate due process; police pressure; not voluntary.
Strickland v. Washington Ineffective assistance of counsel; Yarborough v. Gentry; reversal of a conviction or sentence; deficiency was prejudicial to the defense; mitigating circumstance.
Terry v. Ohio Police may stop and frisk someone reasonably believed to have committed a crime; reasonable suspicion that a suspect has committed a crime or is about to commit a crime; detain him briefly for questioning; carrying a dangerous weapon.
United States v. Arvizu Reasonable suspicion is based on all the surrounding circumstances; totality of the circumstances surrounding a stop.
United States v. Dougherty Jury nullification remains an important component of american justice; prerogative of the jury after considering the facts and law presented.
United States v. Dunnigan Sentences may be enhanced based on perjury; sentence enhancement; defendant's right to testify on his or her own behalf; sentencing guidelines.
United States v. Goba Risk of flight; detained pre trial; pretrial detention is justified if the court finds that no conditions imposed on the defendant will assure the defendant's appearance and the safety of the community.
United States v. Salamone Challenge for cause; striking jurors for cause on the basis of their nra membership was an abuse of discretion; impartial.
United States v. Mendenhall If a reasonable person would believe she was free to leave, there was no seizure a person is seized when, in light of the circumstances, a reasonable person would have believed that she was no longer free to leave. Seizure.
Warden v. Hayden Police may conduct a warrantless search of a building when in hot pursuit; exigency.
Weeks v. United States Obtaining evidence without a search warrant may violate the exclusionary rule amendment; the fourth amendment forbids federal officers from obtaining evidence through unreasonable searches and seizures.
Wong Sun v. United States Fruit of the poisonous tree doctrine; independent source rule; prophylactic; evidence that is so attenuated from the original unlawful conduct as to dissipate the taint is admissible.
Palko v. Connecticut Double jeopardy, fifth amendment prohibition does not apply to the states through the fourteenth amendment, only rights implicit in the concept of ordered liberty are applicable to the states through the fourteenth amendment.
Wolf v. Colorado Due process, fourth amendment, unreasonable searches and seizures, exclusion of all evidence obtained by an unreasonable search is not required by due process .
Duncan v. Louisiana Sixth amendment right to a jury trial for criminal defendents is incorporated to the states by the fourteenth amendment.
United States v. Leon Exclusionary rule limited by good faith exception, evidence seized by law enforcement acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate is admissible, even if found unsupported by probable cause.
Pennsylvania Board of Probation and Parole v. Scott Exclusionary rule does not apply at parole revocation hearings, evidence seized in violation of fourth amendment unreasonable search and seizure prohibition may be introduced.
Katz v. United States Wiretap in public phone booth violates fourth amendment, right of privacy protects all communications that a person does not knowingly expose to the public.
California v. Greenwood Trash on curb may be searched without a warrant, warrantless search allowed since there is no reasonable expectation of privacy.
Florida v. Riley Surveillance from airspace above a residence does not constitute a search for which a warrant is required under the fourth amendment.
United States v. Karo Seizure of property requires meaningful interference with a possessory interest; installing a beeper in a container before possession is not a seizure.
Kyllo v. United States Thermal imaging to obtain evidence from a private residence is a search; use of a device not used by the general public to obtain evidence emanating from the interior of a residence constitutes a search.
United States v. White Electronic surveillance evidence obtained with informant consent is admissible; a person bears the risk that communications with another regarding criminal activities will be transmitted, electronically or otherwise, to government agents.
Zurcher v. Stanford Daily Freedom of the press; the press is not immune from a valid search warrant; a warrant may issue to search any property, regardless of whether the occupant is suspected of a crime.
Spinelli v. United States Probable cause; informant must have reliable knowledge of the subject matter of his tip in order for a search warrant based on the tip to be valid.
Illinois v. Gates Corroboration veracity; probable cause for a warrant resulting from an anonymous informant's tip is based on the totality of the circumstances; probable cause is not a mechanical, technical concept.
Maryland v. Pringle Reasonable suspicion establishes probable cause; lawful arrest; motion to suppress.
Maryland v. Garrison Good faith factual mistakes do not invalidate an otherwise valid search warrant; police officers have lattitude in executing valid search warrants.
Richards v. Wisconsin Knock and announce; police must knock and announce their presence prior to executing a search warrant unless they demonstrate reasonable suspicion that it would be dangerous or futile or would result in destruction of evidence of the crime.
United States v. Watson Exigent circumstances; felony arrests may be made solely on the basis of probable cause, without a warrant; statue authorizing warrantless felony arrests is constitutional.
United States v. Robinson Search incident to lawful arrest; police may search arrestee for weapons or evidence regardless of insignificance of arrest; protective search.
Whren v. United States Pretextual stop; police stops need only be supported by probably cause; temporary detention of a motorist who the police have probable cause to believe has committed a civil traffic violation is consistent with the fourth amendment.
Atwater v. City of Lago Vista Warrantless arrest permitted even for a misdemeanor or infraction punishable only by a fine; if an officer has probable cause to believe that a person has committed a very minor criminal offense, the officer may arrest that person without a warrant.
Tennessee v. Garner Deadly force to prevent felony suspect's escape violates fourth amendment unless officers have probable cause to believe that the suspect presents a threat to the life or safety of the officers or others.
Payton v. New York Arrest warrant is required to arrest a person in his or her home.
Chimel v. California Immediate reach search permitted pursuant to a lawful arrest; the police may conduct a search of any area within the immediate reach of the accused criminal.
Vale v. Louisiana Search incident to lawful arrest does not include the search of a house when the arrest occurred outside of the house; search must be substantially contemporaneous with the arrest and confined to the immediate vicinity of the arrest.
California v. Carney Homeless living in vehicle still subject to the automobile vehicle search exception to the warrant requirement; warrantless searches of readily movable vehicles are not unreasonable when probable cause supports the search.
Thornton v. United States Police officer may search vehicle incident to lawful arrest once probable cause exists to arrest recent occupant of vehicle who had access to interior of vehicle. search
Knowles v. Iowa Officer may not search vehicle incident to citation.
California v. Acevedo Police may search automobile and containers within it if they have probable cause to believe contraband or evidence is contained therein. Stare decisis.
Wyoming v. Houghton Police officers with probable cause to search car may inspect passengers belongings found in car that are capable of concealing object of search.
Colorado v. Bertine Routine inventory search is not criminal investigation and does not require warrant or probable cause.
Florida v. J.L. Anonymous tip that does not bear any indicia of reliability does not justify a stop and frisk search.
Illinois v. Wardlow Flight from police is not indicative of wrongdoing, but it is certainly suggestive of such.
Florida v. Royer When officers have reasonable suspicion that person has committed crime or is about to commit crime, they may temporarily detain individual for questioning no longer than necessary to serve purposes of stop.
United States v. Drayton There is no seizure of person if police officer does not do anything to suggest to reasonable person that he or she is not free to terminate encounter.
United States v. Place Police dog; drug dog sniff luggage; K-9 dog; investigative detention; when officer's observations lead him reasonably to believe that luggage contains narcotics, officer may detain luggage briefly to investigate circumstances that aroused his suspicion. C
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls Suspicionless drug testing of public school students involved in extracurricular activities is reasonable means of furthering schools interest in preventing and deterring drug use. special needs analysis.
Schneckloth v. Bustamonte Individual need not be informed that he has right to refuse consent to search before his consent to search will be considered voluntary. Sine qua non.
Illinois v. Rodriguez If law enforcement officers have reason to believe individual giving consent to search has authority over premises to be searched, then entry will be validated even if it is later determined that person did not have authority to consent. Resident.
United States v. Russell Entrapment defense prohibits law enforcement officers from instigating criminal act by persons otherwise innocent in order to lure them to its commission and punish them. Entrapment predisposition.
Jacobson v. United States Predisposition to broad range of conduct does not demonstrate predisposition to commit specific acts falling within that range.
Betts v. Brady Fourteenth amendment does not command state court to appoint counsel to represent criminal defendant in every case. due process incorporation sixth amendment.
Alabama v. Shelton Indigent misdemeanor defendant is entitled to appointed counsel at criminal trial when suspended sentence of imprisonment may later be enforced upon revocation of probation. Misdemeanor probation suspended sentence.
Ross v. Moffitt Criminal defendant does not have constitutional right to appointed counsel to assist in pursuing discretionary appeal in state court or petition for certiorari in supreme court of united states. discretionary review.
Ashcraft v. Tennessee Constitution does not permit conviction based on coerced confession.
Watts v. Indiana Relentless, systematic police questioning producing confession violates due process clause. due process inquisition.
Massiah v. United States Sixth amendment prohibits government interrogation of defendant after indictment outside presence of counsel. Sixth amendment.
Escobedo v. Illinois Right to counsel. when police investigation is no longer general inquiry into unsolved crime but focuses on particular suspect in police custody, must allow opportunity to consult with lawyer or warn of absolute constitutional right to remain silent.
Yarborough v. Alvarado Whether suspect is in custody under miranda is determined objectively by how reasonable person in the suspect's situation would understand ability to terminate questioning and leave custody.
Rhode Island v. Innis For purposes of Miranda, interrogation occurs when police either expressly question suspect in custody or engage in any actions or dialogue that police should know is reasonably likely to elicit incriminating response from suspect.
Illinois v. Perkins Miranda warnings are not required when the suspect is unaware that he is speaking to a law enforcement officer and gives a voluntary statement; incriminating statement.
Minnick v. Mississippi When counsel is requested, interrogation must cease, and officials may not reinitiate interrogation without counsel present, whether or not accused has consulted with his attorney.
New York v. Quarles Miranda warnings are not required before police question a suspect in custody about imminent matters related to public safety. Exigeny.
United States v. Patane Nontestimonial evidence obtained as a result of a defendant s voluntary statement given without the benefit of miranda warnings need not be excluded at the defendant's trial; fruit of the poisonous tree doctrine.
Missouri v. Seibert Incriminating statements initially made before miranda warnings are given are not admissible simply because they are repeated after proper warnings are given.
Moran v. Burbine Absent coercion, a defendant's waiver made with a full understanding of his rights is valid as a matter of law.
Dickerson v. United States Congress may not legislatively supersede court decisions interpreting and applying the constitution. Prophylactic stare decisis.
Chavez v. Martinez The fifth amendment right against self incrimination does not attach until criminal proceedings have been initiated.
Brewer v. Williams I The right to the assistance of counsel can be waived only by the knowing relinquishment of that right. Express waiver; habeas corpus; implied waiver.
Kuhlman v. Wilson When police take no direct action to solicit incriminating statements, but merely listen to voluntary statements made by an accused, the right to counsel is not violated. Informant.
United States v. Wade An in court identification of a defendant by a witness must be excluded from evidence if it is based solely on a pretrial identification that was obtained without notice to and participation by defense counsel. Exclusionary rule lineup.
Kirby v. Illinois The right to counsel does not attach until the initiation of formal judicial proceedings. Showup.
Manson v. Brathwaite An unnecessarily suggestive pretrial identification of the defendant need not be excluded if, under the totality of the circumstances, it is sufficiently reliable.
Boyd v. United States The compulsory production of private books and papers subject to forfeiture compels owner to be witness against himself and is equivalent to an unreasonable search and seizure. Fourth amendment; right against self incriimination.
United States v. Dionisio Fourth amendment protects individuals from unreasonable search and seizure of all evidence in which they have reasonable expectation of privacy. civil contempt; investigative grand jury.
United States v. Mandujano Miranda warnings do not apply to grand jury investigations. perjury; right against self incrimination.
Kastigar v. United States The government may compel witness testimony under statutory immunity against the use of his testimony and all derivative evidence against him in a criminal case. Immunity transactional; immunity use.
Fisher v. United States The fifth amendment does not prevent compelled disclosure of client materials disclosed to an attorney where the materials would not be privileged in the hands of the client. Attorney client privilege.
United States v. Hubbell The privilege against self incrimination protects against being compelled to provide information to a grand jury about the existence of sources of potentially incriminating evidence. Independent counsel; subpoena duces tecum; ad testificandum.
United States v. Salerno Preventative detention of criminal defendant does not violate substantive due process under fifth amendment nor constitute excessive bail under eighth amendment if clear and convincing evidence defendant presents threat to safety of community.
United States v. Armstrong To go forward on a claim of selective prosecution based on race, the claimant must produce evidence that similarly situated offenders of a different race could have been prosecuted but were not. Discovery.
United States v. Batchelder Identical substantive criminal statutes do not offend due process by establishing different sentencing provisions available upon conviction. Sentence.
Untied States v. Goodwin Due process does not prohibit a prosecutor from adding more severe or additional charges against a defendant after the defendant requests a trial by jury.
Coleman v. Alabama Because preliminary hearings are a critical stage of prosecution, defendants are entitled to the assistance of counsel. bind over grand jury; harmless error; preliminary hearing; right to counsel.
Vasquez v. Hillery Racial discrimination in the selection of the grand jury requires dismissal of the defendant's conviction. Discrimination; equal protection; habeas corpus; harmless error; stare decisis.
Costello v. United States Grand jury indictments may be issued based solely on hearsay evidence. Hearsay indictment.
Barker v. Wingo For speedy trial claims, courts must apply balancing test of conduct of both prosecution and defendant, including length of delay, reason for delay, defendant's assertion of his right, and prejudice to defendant. Habeas corpus; sixth amendment.
Doggett v. United States Lengthy delays between indictment and trial caused by the government negligence violates the sixth amendment right to a speedy trial. prejudice presumption; statute of repose.
United States v. Lovasco To prosecute a defendant following investigative delay does not deprive him of due process, even if his defense might have been somewhat prejudiced by the lapse of time. Due process; indictment.
Williams v. Flordia The fifth amendment privilege against self incrimination is not violated by a requirement that a defendant provide notice of an alibi defense and disclose his alibi witnesses to the prosecution prior to trial. Protective order.
United States v. Bagley Government failure to assist defense by disclosing impeachment evidence of witnesses is constitutional violation if it deprived defendant of fair trial; material if suppression undermines confidence in outcome. Exculpatory evidence; harmless error.
Pennsylvania v. Ritchie The nondisclosure of even privileged records violates due process and threatens fundamental fairness in the trial process. compulsary process clause; confrontation clause; due process in camera.
Bordenkircher v. Hayes It is not vindictive exercise of prosecutor's discretion, and therefore not violation of due process, to carry out threat to reindict defendant on more serious charges if defendant does not plead guilty to original offense charged. Recidivist.
Santobello v. New York When a plea of guilty has been entered in consideration of a promise made by a prosecutor, the prosecutor must fulfill that promise. Plea bargain.
Mabry v. Johnson A voluntary and intelligent plea of guilty made by an accused person, who has been advised by competent counsel, may not be collaterally attacked. Concurrent sentence; consecutive sentence; specific performance.
United States v. Benchimol Each party must comply with the precise terms of a plea agreement.
United States v. Ruiz The constitution does not require disclosure of impeaching information about witness testimony before entry of a guilty plea. Downward departure; sentencing guidelines.
Boykin v. Alabama A waiver of constitutional rights through a guilty plea must be voluntarily and willingly made. Plea waiver.
Henderson v.Morgan A guilty plea is not knowingly and intelligently made, and therefore not voluntarily made, if the defendant did not receive adequate notice of the offense to which he pleaded guilty. Collateral attack.
North Carolina v. Alford a court may not enter a judgment upon a plea of guilty unless it is satisfied that there is a factual basis for the plea.alford plea; nolo contendere.
Blanton v. City of North Las Vegas The right to trial by jury attaches when a crime carries a maximum jail term of six months or more or the legislature otherwise classifies the offense as serious. Petty offense; probation.
Burch v. Louisiana When a jury consists of six members, its verdict must be unanimous.
Carter v. Jury Commission The constitution does not forbid states to prescribe relevant qualifications for their jurors. Fair cross section requirement; jury.
Taylor v. Louisiana A petit jury must represent a fair cross section of the community to ensure a defendant's right to trial by an impartial jury under the sixth amendment. Jury wheel; petit jury venire.
Turner v. Murray A capital defendant accused of an interracial crime is entitled to have prospective jurors informed of the race of the victim and questioned on the issue of racial bias. capital offense; death penalty; death sentence; voir dire.
Lockhart v. McCree The constitution does not prohibit the removal for cause in a capital case of prospective jurors opposed to the death penalty and unable to impose it if necessary. Bifurcated trial.
J.E.B. v. Alabama ex rel. T.B. Peremptory challenges on the basis of gender violate the equal protection clause.
Murphy v. Florida In order for media coverage to infect a trial with unfairness, a juror's preconceived notions of guilt or innocence must prevent him or her from rendering a verdict based on the evidence presented in court. impartial jury.
Gentile v. State Bar of Nevada Pure political speech is protected under the first amendment absent a legitimate government interest in its suppression. First amendment.
Chandler v. Florida Publicized trials are not per se a due process violation. due process; prejudice; sequestration.
Press-Enterprise Co. v. Superior Court Press Enterprise II The qualified first amendment right of access to criminal proceedings applies to preliminary hearings that function similarly to criminal trials.
Rompilla v. Beard Even when capital defendant family members and defendant himself say no mitigating evidence, lawyer must make reasonable efforts to obtain and review prosecution evidence of aggravation at sentencing phase of trial. Prejudice.
Florida v. Nixon Counsel's failure to obtain the defendant's express consent to a strategy of conceding guilt in a capital trial does not render counsel's assistance ineffective when it is reasonable under the circumstances.
Wheat v. United States The sixth amendment does not afford a defendant the right to chosen counsel when a conflict of interest may arise.
Mickens v. Taylor When counsel represents successive defendants with a potential conflict of interest, a defendant must demonstrate that a conflict existed that affected the outcome of his case. Habeas corpus.
Illinois v. Allen Confrontation clause. a defendant can lose his right to be present at trial if, after warning by the judge, he conducts himself in a manner so disorderly, disruptive, and disrespectful of the court that trial cannot be carried on with him in courtroom.
Crawford v. Washington Sixth amendment confrontation clause demands, for an out of court statement to be admitted into evidence, the witness must be unavailable and defendant must have prior opportunity to cross examine the declarant. Cross examination; hearsay.
Richardson v. Marsh The confrontation clause is not violated by the admission of a nontestifying codefendant confession, with proper limiting instruction, when the confession is redacted to eliminate defendant name and any reference to her existence. Redaction.
Davis v. Alaska The confrontation clause requires that a defendant be afforded a meaningful opportunity to cross examine a witness against him concerning potential bias or motive. Juvenile delinquent.
Griffin v. California Under the fifth amendment, a prosecutor may not comment on a defendant s decision not to testify at his trial and the court may not instruct the jury that the defendant's silence is evidence of his guilt. Bifurcated trial; self incrimination clause.
Rock v. Arkansas The per se exclusion of all hypnotically refreshed testimony without regard to its reliability in a particular case is arbitrary and does not further a legitimate state interest.
Taylor v. Kentucky Jury instructions; extrajudicial factors; proper instruction; presumption of innocence; lack of evidentiary value of an indictment; reasonable doubt; voir dire.
Darden v. Wainwright Improper prosecutorial comments do not require reversal of a conviction unless they so infected the trial with unfairness as to make the resulting conviction a denial of due process. Closing argument.
Herrera v. Collins Defendant's actual innocence based on newly discovered evidence is insufficient basis for challenging conviction on habeas review unless independent constitutional violation exists. Clemency.
Ashe v. Swenson The fifth amendment protection against double jeopardy bars trial of an acquitted defendant on another charge unless the prior acquittal was based on evidence other than that involved in the second prosecution. Double jeopardy clause.
United States v. Dixon Person who has been held in criminal contempt for committing criminal offense may not be criminally prosecuted for committing underlying offense if prosecution for the criminal offense does not require proof of different facts. Criminal contempt.
Heath v. Alabama Under the dual sovereignty doctrine, the double jeopardy clause does not bar successive prosecutions for the same conduct by two states. autrefois; convict; dual sovereignty doctrine.
Hudson v. United States A penalty will implicate the double jeopardy clause only if there was a legislative intent that the penalty be criminal in nature and if the statutory scheme is so punitive as to make the remedy criminal. Civil penalty.
Arizona v. Washington Granting a mistrial over a defendant's objection when the prosecutor proves that there was a manifest necessity for the mistrial does not violate the double jeopardy clause.
Oregon v. Kennedy If a defendant's request for a mistrial is granted, retrial is barred only if the mistrial was due to prosecutorial conduct that was intended to provoke a mistrial.
United States v. Scott Retrial after the dismissal of a prosecution is barred only when the case was dismissed because the evidence was legally insufficient to support a conviction.
Burks v. United States The double jeopardy clause bars retrial of a defendant whose conviction was reversed on appeal based on insufficient evidence to sustain a conviction. Insanity defense.
United States v. Grayson A judge may consider a defendant's false trial testimony when setting a sentence, as long as the sentence falls within the statutory limits. Sentencing guidelines.
Mitchell v. United States A plea of guilty is not a waiver of the privilege against self incrimination at sentencing, and a sentencing judge may not draw an adverse inference from a defendant silence. Colloquy.
Blakely v. Washington A judge may not increase a sentence beyond the maximum allowed for an offense based on facts not proven at trial or admitted as a part of the guilty plea. Determinate sentence; indeterminate sentencing.
McCleskey v. Kemp In order to challenge a death sentence on the basis of racial discrimination, a defendant must show either a discriminatory purpose in his case or a discriminatory purpose in enacting or maintaining the death penalty. Venire.
Roper v. Simmons The eighth amendment prohibits imposing the death penalty for crimes committed by a minor.
Stack v. Boyle Under the eighth amendment, bail must be reasonably fixed to ensure a defendant will appear at trial based on the specific facts of the crime charged and not the character of the crime. Excessive bail.
Powell v. Alabama A criminal defendant in state court must be given ample opportunity to retain counsel before trial, and, if none is retained, an attorney must be appointed to represent him or her. Right to counsel.
Brown v. Mississippi Confessions supporting a conviction must be obtained through interrogation not violating the defendant due process rights under the fourteenth amendment.
Smith v. Maryland An individual assumes the risk of disclosure of information knowingly conveyed to a third party. Pen register.
Lo-Ji Sales, Inc. v. New York A warrant must particularly describe the things to be seized, and items not specifically listed on the search warrant may not be seized. Obscene.
Welsh v. Wisconsin Privacy in the home should not be violated via warrantless searches relative to minor offenses, even if evidence may be lost or destroyed.
New York v. Belton When a suspect is arrested in his vehicle, the interior of the car and any containers in it can be searched pursuant to the lawful arrest.
Chambers v. Maroney If have probable cause to believe automobile contains articles that they may be entitled to seize, may search the vehicle pursuant to lawful arrest, without warrant, or impound vehicle into police custody to search at later time. Fruits of the crime.
United States v. Chadwick A search warrant is required to search personal property of an arrestee at the point where the property to be searched comes under the exclusive dominion of police authority. Inherently dangerous.
California v. Acevedo Police can search an automobile and all containers in it when they have probable cause to believe contraband is contained somewhere within the automobile. Stare decisis
Arizona v. Hicks The plain view doctrine may not be used to justify warrantless searches or seizures of a dwelling, which require probable cause.
United States v. Matlock Voluntary consent of any joint occupant of a residence to search the premises jointly occupied is valid against the co-occupant, permitting evidence discovered in the search to be used against the latter at a criminal trial.
Dunaway v. New York Police may not subject a suspect to custodial interrogation unless they have probable cause to believe a crime has been committed.
California v. Hodari D. An arrest requires either physical force or submission to the assertion of authority. Yield submission.
Alabama v. White An anonymous tip received by police and not completely corroborated can be used as the basis for a terry stop as long as a significant portion of the tip is verified.
Michigan v. Long Search of passenger compartment of automobile is permissible if officer has reasonable belief, based on specific and articulable facts and rational inferences from facts, that suspect is dangerous and may gain immediate control of weapons.
Michigan Department of State Police v. Sitz Police may set up temporary sobriety checkpoints and stop each car coming through to look for signs of intoxication.
Rakas v. Illinois To sustain a fourth amendment challenge, a defendant must establish a legitimate expectation of privacy in the areas searched or in the items seized. Seizure standing.
Minnesota v. Carter Residential visitors, who are on the premises for only a short time and who claim no connection to the host other than to transact business, have no legitimate expectation of privacy in the premises under the fourth amendment. Curtilage.
Silverthorne Lumber Company v. United States Fruit of the poisonous tree doctrine; independent source rule; the fourth amendment prohibits use of evidence obtained by an illegal search and seizure, and evidence obtained as a result of that constitutional violation unless independent source.
Murray v. United States Independent source doctrine applies to both evidence obtained for the first time during independent lawful search, and also to evidence initially discovered during, or as consequence of unlawful search, but later discovered independently.
Lisenba v. California A voluntary confession does not violate due process when used to convict a defendant of a capital crime.
Colorado v. Connelly A confession obtained from a person suffering from undetected mental illness is not a deprivation of due process in the absence of police misconduct.
Bram v. United States An involuntary confession is not admissible as evidence against the accused by virtue of the fifth amendment privilege against self-incrimination. Right against self incrimination.
Edwards v. Arizona Right against self incrimination; right to counsel. accused who expresses a desire to deal only through counsel does not waive that right merely by responding to further police-initiated questioning unless accused initiates further communication.
Michigan v. Jackson An accused who requests the appointment of counsel at arraignment is permitted under the sixth amendment to consult with that counsel during any custodial interrogation by the police, absent waiver by the accused.
McNeil v. Wisconsin The sixth amendment right to counsel is offense-specific, and invocation of such right does not also invoke the right to counsel under the fifth amendment, which is not offense-specific.
Sherman v. United States An entrapment defense must be sustained when the criminal conduct arises from the inducement of law enforcement officers, not the intention of the defendant.
Stovall v. Denno A showup, rather than a traditional lineup, used for identification of an accused violates the accused due process rights when it is unnecessarily suggestive under the totality of the circumstances.
Blackledge v. Perry Criminal defendant due process rights are violated if the prosecutor charges defendant with a more serious crime after defendant exercises statutory right to challenge conviction for less serious offense arising from the same conduct.
United States v. Williams Exculpatory evidence. a criminal defendant in federal court is not entitled to a dismissal of the indictment because the prosecutor failed to present to the grand jury substantial exculpatory evidence.
Ohio v. Reiner Despite a claim of innocence, the fifth amendment protection against self-incrimination is available to all those who have reasonable cause to apprehend danger from a direct answer. Transactional immunity.
Arizona v. Youngblood The failure of the police to preserve potentially useful evidence is not a denial of due process of law unless the defendant can show bad faith on the part of the police. Exculpatory evidence.
State v. Reldan Joinder of offenses; severance. no need for severance exists until a defendant makes a convincing showing that he has both important testimony to give concerning one count and a strong need to refrain from testifying on the other.
Nix v. Whiteside Perjury; criminal defendant is not deprived of the effective assistance of counsel when his lawyer admonishes him not to give perjured testimony and threatens to disclose to the court any false testimony the defendant may give.
Scott v. Illinois Under the sixth amendment, no indigent defendant may be sentenced to imprisonment unless the state has provided him with appointed counsel.
Godinez v. Moran The standard for determining whether a defendant is competent to waive the right to counsel and to enter a guilty plea is the same as the standard for determining whether the defendant is competent to stand trial.
Brady v. United States A guilty plea is not involuntary merely because it was entered into to avoid the possibility of the death penalty. voluntary; knowingly; coerced.
United States v. Brechner A prosecutor is not bound by promises made pursuant to a cooperation agreement if the defendant does not fulfill his agreed promises. Misrepresentation.
McMann v. Richardson If defendant plea of guilty is based on reasonably competent advice, it is intelligent plea not open to attack on the ground defendant counsel may have misjudged admissibility of defendant confession. habeas corpus.
Ham v. South Carolina The fourteenth amendment requires a state trial judge to explore racial prejudices of prospective jurors to ensure a fair, impartial jury. Voir dire.
People v. Newton When a prospective juror harbors preconceived notions of defendant guilt that cannot be set aside by consideration of the evidence, the juror must be dismissed for cause to ensure an impartial jury. Voir dire.
United States v. Thomas When the evidence discloses any possibility that a juror views arise from the sufficiency of government evidence, disqualification must be denied. peremptory challenge; batson challenge; strike in camera.
Olden v. Kentucky Under the sixth amendment, a defendant is entitled to confront witnesses against him, which includes the right of cross-examination. Confrontation clause.
Idaho v. Wright The admission at trial of hearsay statements does not violate confrontation clause as long as declarant is unavailable and statements are sufficiently reliable, based either on firmly rooted hearsay exception or other showings of trustworthiness.
Cruz v. New York When a non-testifying codefendant confession incriminating defendant is not directly admissible against defendant, the confrontation clause bars its admission at their joint trial, even if the jury is instructed not to consider it against the defendant.
Gray v. Maryland The use of blanks or deleted references in a redacted confession of a co-defendant may not be offered against a defendant at a joint trial, even with a limiting instruction. Redaction.
United States v. Burr The sixth amendment right to compel witnesses includes the right to compel production of documents within the witness' possession. Subpoena duces tecum.
Taylor v. Illinois The per se exclusion of evidence knowingly disclosed in violation of discovery rules does not violate the compulsory process clause. subpoena; offer of proof.
Williams v. New York Imposition of death sentence for murder in the first degree is not void under due process clause solely because trial court considered additional information from probation department and other sources. Pre sentence investigaton.
McMillan v. Pennsylvania Right to a jury trial is not violated by pennsylvania mandatory minimum sentencing act. may impose minimum upon finding, by a preponderance of the evidence, of certain facts. Defendant possessed a firearm during enumerated offense.
North Carolina v. Pearce In imposing new sentence upon defendant whose original sentence has been set aside, trial judge may consider events subsequent to first trial and may impose sentence that is greater or less than original sentence.
Texas v. McCullough The due process clause of the fourteenth amendment bars increased sentences on retrial that are motivated by vindictiveness on the part of the sentencing judge. Presumption.
Mistretta v. United States Sentencing guidelines are constitutional, amounting to neither an excessive delegation of legislative power nor a violation of the separation of powers principle. Indeterminate sentence.
United States v. Harrington Sentencing guidelines often produce harsh results that are patently unfair because they fail to take into account individual circumstances.
United States v. Dunnigan Sentence enhancement for the defendant perjury at trial is not unconstitutional to the extent it does not undermine a defendant right to testify on his or her own behalf. Sentencing guidelines.
Koon v. United States An appellate court should not review a district court sentencing departure decision de novo but instead should ask whether the sentencing court abused its discretion. Downward departure from sentencing guidelines.
Fong Foo v. United States A judgment of acquittal, even if based on error, is a final judgment that cannot be appealed. Writ of mandamus; double jeopardy.
Downum v. United States If an impaneled jury is discharged because the prosecution witness is unavailable, double jeopardy applies to bar the impaneling of a second jury and a new trial. Impanel.
Illinois v. Somerville The manifest necessity requirement, which authorizes granting a mistrial in a criminal case and precludes the defendant from successfully raising a plea of double jeopardy, is met when the indictment is insufficient to charge a crime. Impanel.
Blockburger v. United States Continuing offense; separate and distinct offenses, even if of the same nature, do not constitute a continuing offense, such as two sales of narcotics to the same purchaser, but at different times. The narcotics act penalizes each individual sale.
Brown v. Ohio Double jeopardy. a conviction of a lesser-included offense precludes a subsequent prosecution for the greater offense even though the two actions occurred several days apart.
Harris v. Oklahoma When the conviction of a greater crime cannot be had without conviction of a lesser crime, the double jeopardy clause bars prosecution for the lesser crime after conviction for the greater crime.
Bartkus v. Illinois Autrefois. successive federal and state prosecutions do not violate the fifth amendment s double jeopardy clause. Sovereignty.
Jackson v. Virginia A review of the sufficiency of the evidence to support a criminal conviction requires a determination as to whether the record evidence could reasonably support a finding of guilt beyond a "reasonable doubt" standard.
Teague v. Lane Procedural rules usually do not apply retroactively. new constitutional rules of criminal procedure will not be applicable to those cases that have become final before the new rules are announced. Ratio decidendi.
Wainwright v. Sykes Contemporaneous objection rule. absent a showing of cause and prejudice attendant to a state procedural waiver, a federal habeas corpus review of a waived objection to the admission of a confession at trial is barred. Coram nobis.
Smith v. Murray A habeas corpus petition should be dismissed if, in the absence of any cause or prejudice, the underlying constitutional claim was not first raised in a state proceeding on direct appeal.
City of Indianapolis v. Edmond Highway checkpoints are unconstitutional when used for ordinary law enforcement purposes to advance a general interest in ordinary crime control.
Hector (A Slave) v. State Coerced confession offered under the influence of pain are inadmissible; torture; interrogation; court must decide whether a confession was voluntary.
Chavez v. Martinez Qualified immunity does not apply to deprivation of constitutional rights; coercive police interrogation resulting in statements not used at trial violates Constitution only if interrogator's conduct shocks the conscience.
Chavez v. Martinez Self-incrimination impossible when there is no trial; violation of right against self-incrimination occurs only when one is compelled to be a witness against himself in a criminal case.
Oregon v. Elstad Fruit of the poisonous tree doctrine aplies to Fourth amendment, not Fifth Amendment; although Miranda requires the suppression of an un-warned admission, the admissibility of any subsequent statement turns on whether it was made voluntarily.
Hoffman v. United States Fifth Amendment applies to grand jury testimony; privilege against self-incrimination may be invoked if there is a possibility that the answers sought would have a tendency to incriminate the witness.
Ineffective Assistance of Counsel in Death Penalty Case Rompilla v. Beard; capital defendant and family say no mitigating evidence, but defense lawyer must make reasonable efforts to obtain and review prosecution evidence of aggravation at sentencing phase of trial; death penalty.
Sixth Amendment Right to Representation of Counsel United States v. Gonzalez-Lopez; wrongful denial of the right to counsel of the defendant's choosing is a structural error (fundamental error) not subject to harmless-error review; pro hac vice.
Suspicionless Searches of Parolees Samson v. California; evidence seized in a suspicionless search of a parolee is admissible under the Fourth Amendment.
Voluntary Statements to Government Informant Admissable Hoffa v. United States; Fourth Amendment protections from unreasonable searches and seizures extend to hotel rooms, but statements voluntarily made to informant are not inadmissible.
Entrapment Defense Sherman v. United States; repeated requests to commit a crime and pleas for sympathy establish entrapment; if defendant's criminal conduct arises from the inducement of law enforcement officers, not the intention of the defendant.
Police Searches Of Network Computers Require Warrant United States v. Heckenkamp; absent clear warnings, connecting a personal computer to a computer network does not relinquish an otherwise objectively reasonable expectation of privacy; warrantless search.
Warrantless Search of Sealed, Opaque Container Unreasonable United States v. Villarreal; individuals have a reasonable expectation that their letters and other sealed containers will not be opened by government agents without a warrant when they are surrendered to a carrier.
Pen Register Smith v. Maryland; recovering telephone numbers with pen register not a search; individuals assume the risk of disclosure of information they knowingly convey to a third party.
Federal Wiretapping Laws United States v. Turk; replaying of legally recorded conversations does not constitute an illegal aural interception; aural acquisition.
Employer Listening to Private Employee Telephone Conversations Deal v. Spears; Title III of the Omnibus Crime Control and Safe Streets Act of 1996 creates exception to civil liability for aural interception during business use of a telephone extension; scope of exception limited to the business purpose.
United States v. Resendiz-Ponce United States v. Resendiz-Ponce; indictments need not ordinarily plead specific conduct by the defendant to be constitutional.
Shackled Defendant Before Jury Deck v. Missouri; the constitution prohibits the use of visible shackles during the penalty phase of a criminal trial unless the use is justified by an essential state interest specific to the defendant on trial.
Sixth Amendment Confrontation Clause and Taped Testimony Crawford v. Washington; out-of-court statements are inadmissible into evidence if defendant has no opportunity to cross-examine speaker, unless witness is unavailable and defendant has prior opportunity to cross-examine the declarant; hearsay.
Search of Vehicle Incident to Arrest Arizona v. Gant; Police may search vehicle incident to recent occupant's arrest only if arrestee is within reaching distance of passenger compartment at time search or reasonable to believe vehicle contains evidence offense of arrest; stare decisis.
School Search of Student Property Safford Unified School District #1 v. Redding; school search permissible if scope of measures adopted is reasonably related to objectives of search and not excessively intrusive; in loco parentis; qualified immunity.
Search of Incident to Mistaken Arrest Herring v. United States; The exclusionary rule is not an individual right and applies only where it results in appreciable police deterrence; respondeat superior.
Defendant Consent to Unrepresented Interrogation Montejo v. Louisiana; A criminal defendant's consent to police-initiated interrogation cannot be presumed involuntary simply because the court previously appointed a lawyer to represent him; preliminary hearing.
Sentencing Judges May Consider Various Factors Kimbrough v. United States; Under Booker, the cocaine Guidelines, like all other Sentencing Guidelines, are advisory only.
Appellate Court Review of Sentencing Rita v. United States; An appellate court may apply a non-binding presumption that a sentencing court's imposition of a within-Guidelines sentence is reasonable; presumption.
Issue Preclusion Analysis for Double Jeapardy Yeager v. United States; Although acquittals may preclude retrial on counts on which the same jury hangs, the consideration of hung counts has no place in the issue preclusion analysis for double jeopardy purposes; hung jury.
Scope of Vehicle Search Incident to Arrest Arizona v. Gant; Police may search vehicle incident to recent occupant's arrest only if arrestee is within reaching distance of passenger compartment at time of search and reasonable to believe vehicle contains evidence of offense of arrest.
Knock and Announce Rule Waiting Time Hudson v. Michigan; exclusionary rule not apply suppress evidence obtained in violation knock-and-announce rule; exclusionary rule; fruit-of-the-poisonous-tree-doctrine; inevitable discovery rule; no-knock search warrant.
Waiving Right to Counsel Post Indictment Patterson v. Illinois; Whatever warnings suffice for Miranda's purposes will also be sufficient to safeguard the right to counsel in the context of post-indictment questioning; indict; sixth amendment.
Can Impeach with Inadmissable Evidence Kansas v. Ventris; An informant's testimony, elicited in violation of the Sixth Amendment, is admissible to challenge the defendant's inconsistent testimony at trial; impeach.
Fruit of the Poisonous Tree When a vehicle is stopped at a traffic stop, the passenger as well as the driver is seized within the meaning of the Fourth Amendment for search and seizure.
Fourth Amendment Bond v. United States; search warrant is required before police can physically manipulate items.
Knock and Announce United States v. Banks; Fourth Amendment; officers knocked and announced and then forcibly entered after reasonable suspicion of exigency had ripened.
Grand Jury United States v. Awadallah; a grand jury may issue an arrest warrant.
Totality of the Circumstances United States v. Arvizu; reasonable suspicion is based on the totality of the circumstances.
Reasonable Cause United States v. Knights; consent to future searches is a permitted condition of probation.
Search Warrant Illinois v. McArthur; a person may be kept out of his home while the police obtain a search warrant.
Special Needs Search Ferguson v. City of Charleston; drug test of a pregnant woman in a doctor's office is not a special needs search.
Checkpoints Illinois v. Lidster; traffic checkpoints may be part of a criminal investigation.
Hacking Computers Is Not Wiretapping United States v. Steiger; computer hacking is not wiretapping; Stored Communications Act, the Wiretap Act.
Compulsion of Testimony McKune v. Lile; limiting inmate privileges is not compution of testimony. Fifth Amendment. Right to remain silent. Miranda.
Criminal Procedure Fellers v. United States; the Fifth Amendment and Sixth Amendment have different tests for admissibility. Missouri v. Frye.
Right to Counsel Texas v. Cobb; the Sixth Amendment right to counsel only attaches to the offense charged.
Jurisdictional Defect United States v. Cotton; failure to state the amount of drugs in an indictment is not a jurisdictional defect.
Minimum Sentence Enhancement Harris v. United States; fact that increase a minimum sentence do not need to be proven beyond a reasonable doubt.
Trial Strategy Wiggins v. Smith; trial strategy must be supported by reasonable investigation.
Authority to Detain Padilla v. Rumsfeld; Congress must provide authority to detain someone on US soil.
Ineffective Assistance of Counsel Massaro v. United States; ineffective assistance claims may be raised collaterally.
Attachment of Right To Counsel Rothgery v. Gillespie County. A criminal defendant's initial appearance before a judicial officer triggers the attachment of the Sixth Amendment right to counsel. Brewer v. Williams and Michigan v. Jackson.
Reasonably Effective Assistance of Counsel Harrington v. Richter; An unreasonable application of federal law is different from an incorrect application. State courts must be given some leeway. Strickland v. Washington. Strickland standard.
Right to Counsel Class Action Hurrell-Harring v. State of New York; class action permitted as state must provide legal representation to indigent criminal defendants at all critical stages of the proceedings against them.
Fourth Amendment Search United States v. Jones; the definition of a Fourth Amendment "search" evolves with advances in technology. GPS. Karo. Katz.
Exigent Circumstances Rule Kentucky v. King; The exigent-circumstances rule applies only when the police do not gain entry to the premises by means of an actual or threatened violation of the Fourth Amendment.
Fourth Amendment Email Protection United States v. Warshak; email is subject to the Fourth Amendment so will protect an individual's privacy interest. A search warrant is necessary. Katz. Miller. Jackson.
Age as Miranda Custody Factor J.D.B. v. North Carolina; A child's age properly informs the Miranda custody analysis because children may not feel free to terminate interrogation.
Presumption of Involuntariness Maryland v. Shatzer; a break in custody ends the presumption of involuntariness established by Edwards v. Arizona.
Invoke Miranda Rights Berghuis v. Thompkins; a suspect invoking his Miranda rights must do so unambiguously.
Joinder of Criminal Charges State v. Pereira; joinder of offenses; joinder of criminal charges with multiple offenses is proper when the offenses charged are of similar character or are based on the same act or transaction or parts of a common scheme or plan.
Pretrial Publicity Skilling v. United States; For purposes of obtaining a fair trial, it is sufficient if the jurors can lay aside their impressions or opinions and render a verdict based on the evidence presented in court.
Double Jeopardy Clause Renico v. Lett; trail judge is entitled to deference in declaring a mistrial due to jury deadlock.
Federal Habeas Standard Harrington v. Richter; when the state court's decision is unaccompanied by explanation, the petitioner's burden must be met by showing there was no reasonable basis for the state court to deny relief.
Exclusionary Rule Davis v. United States; deterrent effect of exclusionary rule; deter Fourth Amendment violations by police and law enforcement; Arizona v. Gant.
Reject Plea Bargain Lafler v. Cooper; Ineffective assistance of counsel; malpractice; Strickland standard; Strickland prejudice; federal habeas relief; false promise; bad attorney; reject plea offer.
Communicate Plea Bargain Missouri v. Frye; ineffective assistance of counsel; communicate plea offer; Strickland standard; Strickland prejudice.
Eyewitness Identification Perry v. New Hampshire; suppress evidence of eyewitness identification; overly suggestive; police standing with suspect; reliability of identification; Due Process.
Duty to Disclose Material Evidence Smith v. Cain; Brady Rule; the prosecutor violates right to due process if it withholds evidence that is favorable to the defense and material to guilt or punishment.
Duty to Disclose Exculpatory Evidence United States v. Agurs; Brady Rule; prosector must disclose material evidence, but does not have to disclose entire case file; Due Process.
Selective Prosecution United States v. Armstrong; claim of selective prosecution based on race; claimant must produce evidence that similarly situated offenders of a different race could have been prosecuted but were not.
Curtilage Florida v. Jardines; The curtilage of the house enjoys the same protection from unreasonable searches as the home itself; drug sniffing dogs are agents of the state for Fourth Amendment analysis.
Miranda Warnings Florida v. Powell; Although the four warnings Miranda requires are invariable, there are no specific words that must be used to adequately convey them.
Cheek Swab Maryland v. King; taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, is a legitimate police booking procedure and is reasonable under the Four Amendment. DNA cheek swab.
Strickland Padilla v. Kentucky; a criminal defense attorney fails to provide effective assistance if the attorney misleads a noncitizen client regarding the removal consequences of a conviction. Strickland Sixth Amendment right to counsel.
Inffective Assistance of Counsel Standard Premo v. Moore; The Sixth Amendment requires reasonable competence in representing the accused, but substantial deference must be afforded to counsel's judgment. Habeas relief standard. Supress confession.
Daniel M'Naughten Dog is upset because police officer thinks he has culpability but the cat does not.
People v. Bowen Gazelle tells lion that charging at him constitutes an attempt on his life.
People v. Taylor Getaway car driver worries about his accomplices committing felony murder in liquor store.
State v. Whitmarsh Gay rights; same sex marriage; sodomy laws; dog refuses sex with cat.
United States v. Bergman Elderly man argues for no custody time since he will not be a recidivist.
United States v. Escamilla Firearm accidentally goes off while pointed at a man during an argument.
Commonwealth v. Poindexter In the absence of a statutory definition of the elements of a crime, a court must resort to the common law for guidance; sodomy.
Locke v. State Oral sex performed upon a woman constitutes a crime against nature; due process clause.
Locke v. Rose A statute is void for vagueness if it fails to specify the conduct punishable thereunder such that the defendant lacks fair warning that his conduct violates the statute. Habeas corpus; per curiam; opinion; vagueness doctrine; void for vagueness.
Rose v. Locke Vagueness doctrine; void for vagueness. Court broad construction of a state criminal statute provides fair notice that statutory language will encompass conduct related to that forbidden by the statute.
Wilson v. State Ex post facto law. A statute may not be retroactively enforced against conduct that was not illegal at the time it was committed.
State v. Mullen Absent legislative intent indicating otherwise, repeal or amendment of statute prior to criminal defendant prosecution that renders conduct engaged in by defendant no longer criminal bars further prosecution; deterrence; retribution; savings clause.
Perkins v. State of North Carolina Cruel and unusual punishment is an evolving doctrine and depends on the prevailing societal views of the relative punishment afforded to a specific crime. Habeas corpus; ineffective assistance of counsel; nolo contendere.
Pierce v. Commonwealth Home rule ordinance. Local municipalities may not enact local legislation directly conflicting with state statutes establishing a comprehensive scheme for criminal punishment.
Regina v. Cunningham Maliciously requires a showing that the defendant acted with an actual intent to cause the particular kind of harm done or that the particular kind of harm might result from his actions. Malicious; malicious act.
State v. Rocker Indecent exposure can be established by an inference of the defendant's general intent to be seen by the public.
Ford v. State Transferred intent is inapplicable to offenses requiring the specific intent to inflict specific harm upon a specific individual; assault; general intent.
Smallwood v. State Merely exposing another to the risk of contracting HIV does not establish intent to kill; attempt; specific intent.
Sandstrom v. Montana Jury instructions that, by conclusive presumption or misleading directions, shift the burden of proof on an essential element of the crime to the defendant violate the Due Process Clause. Burden of production; burden of persuasion.
United States v. Jewell One acts knowingly not only with positive knowledge, but also with an awareness of a high probability that a fact exists; actual knowledge; wilfull blindness.
Barnes v. United States When common sense and experience suggest defendant must have known or been aware of a high probability of existence of a fact, the jury may infer his knowledge as element of crime charged. Inference; knowing.
State v. Hazelwood Application of simple negligence standard in criminal proceedings does not violate Due Process Clause; governmental interests deterring similar future conduct outweigh infringement personal freedom. Criminal negligence; strict liability.
State v. Larson Recklessness is conscious and unjustifiable disregard of substantial risk that offender's conduct may cause certain result or may be of certain nature. Reckless disregard.
State v. Cushman When, by statute, recklessness is established without existence of actual danger, defendant may not escape liability because he was without power to cause danger to his victim. Reckless; reckless endangerment.
State v. Stepniewski Strict liability. Due process does not require intent to violate the law as element of the crime.
State v. Sexton Evidence of the mistaken belief relates to whether the State has failed to prove the essential mental element of the crime beyond a reasonable doubt. Mistake of fact; reckless.
People v. Marrero Mistake of law does not relieve a defendant from criminal liability unless it negates the mental element required for conviction.
State v. Caddell Unconsciousness is an affirmative defense requiring defendant to prove beyond reasonable doubt that mental element of crime is negated by his unconsciousness. Burden of persuasion; burden of production; insanity; mens rea; voluntary.
People v. Gory Possession requires knowingly exercising immediate and exclusive control over an object. Willful.
Wheeler v. United States Constructive possession of controlled substance is established when the defendant is knowingly in a position or has the right to exercise dominion or control over it, and has some appreciable ability to guide its destiny.
County Court of Ulster County v. Allen Permissive presumption is constitutional if there exists a rational connection between the proof and the facts presumed. Possession.
State v. Williquette Omission to act by one under a legal duty to do so is sufficient for criminal liability if it is a substantial factor in bringing about the consequences prohibited by statute. Child abuse; information.
Hughes v. State Unborn fetus is a human being within the meaning of the state homicide statute. Born alive rule; manslaughter; misdemeanor manslaughter.
Mullaney v. Wilbur Malice afterthought. Due Process Clause requires the prosecution to prove beyond a reasonable doubt the absence of heat of passion when it is at issue in a homicide prosecution. Habeas corpus; manslaughter; mens rea; murder.
Patterson v. New York Heat of passion. Due process does not require the prosecution to disprove all affirmative defenses that may be available to defendant, so long as it has proven guilt beyond a reasonable doubt. manslaughter; murder.
People v. Washington Heat of passion is determined by the standard of an ordinary, reasonable person without consideration of unique individual characteristics.
People v. Berry Cooling-off period. Voluntary manslaughter is the unlawful killing of a human being, without malice, upon a sudden quarrel or in the heat of passion.
State v. Guthrie Premeditation. To establish first-degree murder, premeditation must be proved by evidence that defendant considered his decision to kill for some period of time before act of killing. Deliberate first- degree murder; intent; second-degree murder.
Hyam v. Director of Public Prosecutions One who, with full knowledge of the dangers involved, deliberately exposes a person to danger of death or bodily injury is liable for murder upon death of victim. Homicide; malice afterthought; manslaughter; murder.
State v. Goodseal Felony murder must be based on an underlying felony that is inherently dangerous to human life. Felony-murder rule.
State v. Rose Causation. Criminal conviction for manslaughter must be based on the actions that cause the victim's death. reasonable doubt.
Kibbe v. Henderson Causation; habeas corpus; intervening cause; second-degree murder; superseding cause. Failure to instruct the jury on a material element of the prosecution's case violates the defendant's due process rights.
Regina v. Blaue One who inflicts an injury upon another that results in death cannot avoid liability because the victim could have taken better care of himself or herself. Diminished capacity; intervening cause; manslaughter; murder; superseding cause.
Gregg v. Georgia Death penalty is not cruel and unusual punishment under appropriate circumstances. Bifurcated trial.
Pate v. Robinson Under state law, a defendant must be afforded a hearing to determine his competency to stand trial when evidence suggests the defendant may have suffered from insanity at the time the crime was committed. Incompetency.
Jackson v. Indiana Fourteenth Amendment; pending criminal charges; insufficient basis for applying lesser procedural or substantive safeguards to prior civil commitment than otherwise afforded similarly situated persons. Civil commitment; incompetency; insanity.
United States v. Brawner Model Penal Code criminal defendant not responsible for actions result of a mental disease or defect if lacks substantial capacity either to appreciate criminality or make conduct conform requirements law. Insanity defense; mental illness.
State v. McVey Diminished responsibility defense not applicable to general intent crimes. Insanity defense; diminished capacity; specific intent defense.
Powell v. Texas Chronic alcoholics are not afforded a constitutional defense against criminal liability. Actus reus; cruel and unusual punisment; intoxication; mens rea; public intoxication; voluntary intoxication.
United States v. Moore Drug addiction is not a common law defense to criminal charges of drug possession. Addict; drug addict; mens rea.
Montana v. Egelhoff Due Process Clause does not require a state to consider evidence of voluntary intoxication to negate the mental element of a crime. Mens rea; specific intent.
City of Minneapolis v. Altimus Defendant who is mentally deficient due to involuntary intoxication is relieved of criminal responsibility if he is left temporarily insane. Mens rea; pathological intoxication.
State v. Q.D. Infancy defense to the capacity to understand the wrongfulness of minor's actions applies to juvenile adjudications and may be rebutted only by clear and convincing evidence. Criminal capacity; minority.
United States v. Peterson Castle doctrine; no retreat rule. Self-defense must be in response to an actual or reasonably perceived unlawful and immediate threat of deadly force by another and must reasonably relate to the threat faced.
Bechtel v. State Expert testimony concerning battered woman syndrome is relevant to the reasonableness of actions done in self-defense.
Law v. State Justifiable homicide; justification; mitigating circumstance; necessity. If lawful occupant of house maintains reasonable apprehension that unlawful intruder will commit murder robbery burglar rape, then occupant justified using necessary force.
Bishop v. State Homeowner may not use a mechanical device in defense of his property when he is not present in the home and is therefore incapable of developing a reasonable belief that the intruder entered with the intent to commit a felony. Justification.
Tennessee v. Garner Deadly force; Fourth Amendment. Officers may not use deadly force to prevent the escape of a felony suspect unless officer has probable cause that suspect presents a threat to the life or safety of the officer or others. Seizure.
State v. Hobson Resisting arrest. Common-law rule permitting an arrestee to resist forcibly an unlawful arrest must be abolished, absent unreasonable police force.
State v. Wilder Assault; child endangerment; child abuse. To trigger criminal liability resulting from parental discipline, physical harm must cause more than minor pain or temporary marks and be grossly deviate from reasonable person.
State v. Warshow Necessity defense requires an emergency situation not caused by the criminal actor, requiring otherwise criminal action to avoid an imminent risk of death or injury.
United States v. LaFleur One under pressure of unlawful threat of harm from another, commits what would otherwise be crime may, under some circumstances justified by act but duress does not mitigate murder to voluntary manslaughter. Mitigating; circumstance.
Washington v. Glucksberg Right to commit suicide is not a fundamental liberty interest entitled to protection under Fourth Amendment. Consent; euthanasia; substantive due process.
State v. Hiott Defense of consent is not available to a participant in an unlawful contest that violates public policy.
State v. Garoutte State compromise statute applies equally to high misdemeanors as to simple misdemeanors in the absence of legislative clarification. Misdemeanor manslaughter.
State v. Alston Consent; rape. Defendant can be guilty of raping someone with whom he has engaged in a consensual sexual relationship.
State v. Thompson Intercourse is considered to be without consent if the victim is compelled to engage in intercourse under a threat of force or fear of imminent death or bodily harm. Threat; probable cause.
People v. Evans Sexual intercourse that is achieved by fraud or trickery is not considered rape.
Jones v. State Force necessary to sustain a rape conviction can be inferred from the circumstances if it is reasonable to conclude the attacker was willing to use force. Constructive; implied.
People v. Liberta Husband can be convicted of raping his own wife.
Owens v. State Statutory rape. Law protects children under the age of fourteen from sexual conduct, regardless of whether the offender intended to engage in the act with one under the age of fourteen or whether the victim consented to the act.
Director of Public Prosecutions v. Morgan If a man believed a woman was consenting to the intercourse and would not have attempted it but for that belief, he cannot be found guilty of rape. Specific intent.
People v. Harris Person commits an attempt-type offense when, with intent to commit a specific offense, he does any act that constitutes a substantial step toward the commission of that offense. Attempted murder.
In Re Smith Attempt requires specific intent to commit a particular crime, and a direct ineffectual act done towards its commission. Effective assistance of counsel; habeas corpus; ineffective assistance of counsel; kidnapping preparation.
Regina v. Eagleton Under the last act rule, actions constitute attempt to commit crime if actions are the last act required to accomplish the crime. false pretenses; intent.
People v. Rizzo Attempt to commit a crime must be established by acts that so proximate to commission of crime that there is a reasonable probability crime would have been committed but for timely interference. Legal impossibility; preparation; robbery.
People v. Orndorff Acts in preparation to commit future crime do not constitute attempt if actor abandons act before committing crime. preparation; test.
Commonwealth v. Skipper Preparation to commit a future crime does not constitute an attempt if the actor can abandon the act before committing the crime. Prison breach.
People v. Bowen Overt act can only be found under unequivocal circumstances that corroborate the felonious intent. Attempt; larceny.
United States v. Thomas Legal impossibility is not defense in court-martial proceeding when the defendants committed the necessary criminal acts with the intent to commit crime. Attempt; rape.
People v. Staples Actions in furtherance of crime are not mere preparation so long as they are substantial step toward commission of crime. Attempt; burglary.
United States v. James Express agreement between the parties does not need to be proved in order to prove conspiracy.
State v. St. Christopher Inchoate offense; meeting of the minds. Person cannot be guilty of conspiracy when the only person with whom he has conspired or agreed has feigned agreement.
Mitchell v. State One can conspire to commit second-degree murder, even though premeditation is not an element of that crime. Deliberation.
People v. Lauria In order to make supplier of goods or services a participant in a criminal conspiracy to use goods or services for illegal purpose, the supplier must have knowledge illegal use and intent further illegal use. Felony; misdemeanor; probable cause.
United States v. Feola Assailant does not need to be aware that victim is federal officer in order to be held criminally liable for conspiracy to commit assault on federal officer engaged in performance of his official duties.
Shaw v. Director of Public Prosecutions Common law provides that it is a crime to corrupt public morals, and one who aids another in doing so can be found guilty of conspiracy to corrupt public morals. Corruption.
Ventimiglia v. United States Legal impossibility. Alleged conspirators can be punished even if the objective of the conspiracy cannot be achieved, though the conspirators mistakenly believe it can. Taft-Hartley Act [labor management relations act].
Braverman v. United States Single agreement to commit one or many crimes can only be punished as one conspiracy.
Kotteakos v. United States Multiple parties who conspire with same individual for same unlawful act to be performed on separate occasions cannot be held liable for one general conspiracy.
United States v. Bruno Chain conspiracy; wheel conspiracy. If group of smugglers, distributors, and retailers work together to import and sell drugs, agreement and cohesive network creates conspiracy including each person involved in distribution chain.
United States v. Michelena-Orovio Chain conspiracy. Conviction for conspiracy may be upheld based on only one single act from which knowledge and participation may be inferred.
Grunewald v. United States If principal objectives of conspiracy are accomplished, a subsidiary conspiracy to conceal cannot be implied from circumstantial evidence indicating conspiracy kept secret and that conspirators took steps to cover up crime to avoid detection.
Iannelli v. United States Double-jeopardy clause. Person can be separately convicted of both conspiracy to commit a crime and commission of that crime even if that person is the only party to the agreement who participated in the substantive offense.
People v. Lubow One who solicits another to engage in conduct constituting a crime can be held criminally liable for solicitation of that crime.
Hicks v. United States In order to be guilty of aiding and abetting, defendant must have intended to advise or assist another with criminal act. Aid and Abet.
Bailey v. United States In order to be guilty of aiding and abetting another with the commission of a crime, the defendant must have voluntarily associated himself with the endeavor. Directed verdict; perpetrator.
Bogdanov v. People Complicity liability for criminal behavior of another exists if the defendant aids, abets, or advises other person in committing criminal offense of which he had knowledge and that was actually committed. Strict liability.
State v. Gladstone Defendant is guilty of aiding and abetting another if he consciously acted in accordance or association with the principal to accomplish the crime. Conspiracy nexus.
People v. Marshall Alleged accomplice's accountability rests on his level of complicity in the misconduct, because guilt for criminal behavior must be based on personal behavior. Involuntary manslaughter; principal.
State v. Diaz Conspirator may be liable for criminal offenses committed by co-conspirator if those offenses were within scope of conspiracy, are in furtherance of conspiracy and reasonably foreseeable as natural consequence of conspiracy. Co-conspirator.
United States v. Carter Voluntary participation in one felonious act makes person liable for any other criminal acts that naturally flow from his participation. Felony murder.
People v. Kessler If defendant assists another in planning or commission of criminal offense, he is legally responsible for any criminal act that other person does in furtherance of planned criminal act. Acquiescence.
People v. Taylor Collateral estoppel bars retrial of issue decided previous trial if issues tried at both trials are identical, previous trial resulted judgment on merits and party against whom collateral estoppel assessed was party or was in privity with party at first t
United States v. Bryan Duped principal need not be convicted of substantive offense in order for another defendant to be convicted of aiding and abetting. Averment; criminal intent.
State v. Adams Renunciation. Defendant may successfully assert the renunciation defense only if he has voluntarily and actively rejected the planned offense.
State v. Cota Person who would otherwise be guilty as an accomplice because of assistance or encouragement is not guilty if the crime is defined so that participation by another is inevitably incident to its commission. Complicity; directed verdict.
State v. Beaudry Vicarious liability. Employer is vicariously liable for the criminal acts of its employees committed within the scope of their employment.
State v. Akers Parents cannot be held vicariously criminally liable for their children's criminal offenses. Exception.
Commonwealth v. Beneficial Finance Co. Corporation may be held criminally responsible for the acts of its agents if the corporation placed the agent in a position in which he has enough authority to act on behalf of the corporation in handling that particular corporate business.
United States v. Park Corporate officers can be held personally criminally liable for a corporation's acts. Interstate commerce.
Stephens v. State Person is an accessory after the fact if he renders assistance with the intent to help a criminal avoid detection and arrest.
Holland v. State Misprision of felony, the common law providing that the bare failure of a person with knowledge of the commission of a felony must bring the crime to the attention of the proper authorities, is not a part of Florida substantive law.
Ewing v. California Conviction felony grand theft under three-strikes law not grossly disproportionate and does not violate Eighth Amendment prohibition cruel unusual punishment. Deterrence, deterrent punishment; proportionality; recidivism; rehabilitation; retribution.
Ewing v. California b Deterrence, deterrent punishment; proportionality; recidivism; rehabilitation; retribution. Felony grand theft under three-strikes law is not grossly disproportionate, not violate the Eighth Amendment prohibition on cruel and unusual punishment.
Apprendi v. New Jersey Due process considerations of Fifth Amendment, applied to states through Fourteenth Amendment, requires an increase in maximum prison sentence to be based on facts found by jury beyond a reasonable doubt. Evidentiary hearing; hate crime.
People v. Newton Individual may not be charged with violating law when he has done no voluntary act to commit it. Habeas corpus.
Martin v. State Statute prohibiting intoxicated persons from appearing in any public place is not violated when intoxicated individual involuntarily taken into public; violation presumes that the public appearance was voluntary. Involuntary.
Robinson v. California Status crime. It is unconstitutional, as cruel and unusual punishment, to prosecute a defendant for a crime based not on any voluntary act, but on his or her status or illness.
Johnson v. State Delivering an illegal drug by way of the blood passing through the umbilical cord is not a violation of the statutory prohibition against delivery by an adult of a controlled substance to minor. Quash.
Chicago v. Morales Fair warning; void for vagueness. Ordinance that seeks to impose criminal penalties for conduct by vaguely defined violations deemed to have been committed in discretion of law enforcement officers denies due process.
Lambert v. California Law requiring registration of felon contravenes due process when person charged with violating the requirement had no reason to know of registration requirement.
Regina v. Faulkner Recklessness. Having the intent to commit a specific crime does not serve to establish the intent to commit a second crime that occurs by accident. Reckless.
Regina v. Prince It is not a defense to the crime of taking an underage girl that the defendant thought the girl was not underage when the statute does not make knowledge of the girl's age an element of the crime. Assizes.
Cheek v. United States Good-faith belief that the tax laws did not impose a duty on him to file returns or pay taxes did not have to be objectively reasonable in order to be considered as a defense by the jury. Willfullness.
Commonwealth v. Twitchell Statute insulating parents from prosecution for neglect of child welfare laws cannot avoid prosecution for involuntary manslaughter; parents permitted to assert affirmative defense reasonably relied Attorney General opinion. Parens patriae.
Stephenson v. State If victim commits suicide during course of kidnapping, defendant may not avoid responsibility for death by establishing that victim took poison voluntarily and caused her own death. Kidnap.
People v. Kevorkian Right to die laws; euthanasia; terminally ill; advance directives. Phyician assisted suicide is not murder, it is assisted suicide, a common-law felony in absence of statute that specifically prohibits assisting suicide.
People v. Beardsley Absent legal duty, the law may not hold one responsible for a death resulting from the reckless or negligent actions of the victim himself or herself. Moral duty.
Francis v. Franklin Shifting the burden of proof on an essential element of a criminal case back to the defendant violates the Due Process Clause. Inference; intent; resonable doubt; rebuttable; presumption.
Commonwealth v. Welansky Wanton or reckless conduct is intentional conduct, which may be either act of commission or omission when have duty to act, that involves high likelihood substantial harm will result to another. Involuntary manslaughter; manslaughter; willful.
State v. Williams Conviction for statutory manslaughter requires showing of negligence that causes the death of another.
Mayes v. The People Malice may be implied when defendant actions were done without regard for the consequences of his or her actions. Mischief; murder; natural life; plaintiff in error.
State v. Martin But-for-test; felony murder; felony murder rule. Felony murder if death is during commission of violent felony, death not too remote, accidental, or occurrence dependent volitional act another. Aggravated arson.
Tison v. Arizona Felony-murder rule; simpliciter. Reckless indifference to innocent life, shown by participating in the events leading up to and following a murder, makes the death sentence constitutionally permissible.
Atkins v. Virginia Execution of mentally retarded person is unconstitutionally cruel and unusual punishment. deterence; retribution.
State v. Leidholm battered-woman syndrome. In claim of self-defense, defendant conduct is evaluated according to what she in good faith honestly believed and had reasonable ground believe necessary protect defendant from death or great bodily injury.
The Queen v. Dudley & Stephens Necessity does not justify killing another person who poses no danger. Assize.
People v. Unger Necessity defense; compulsion; duress; eighth amendment; justification; justification defense. Prisoner may escape to avoid harm if did not cause situation and reasonably believed actions necessary to avoid greater injury than escape.
State v. Hunter Compulsion is not a defense to homicide charge unless charge is felony murder. Felony murder rule.
People v. Serravo Applying statutory definition of insanity, right and wrong are measured by existing societal standards of morality rather defendant's personal and subjective understanding of illegality of act. Insane; insanity defense; not guilty by reason of insanity.
Smith v. State Irresistable impulse test. Person is not responsible for criminal conduct if at time act was committed mental disease or defect caused lack of capacity to appreciate wrongfulness of conduct or conform his conduct to law. Substantial capacity.
People v. Lubow Proof of the crime of solicitation is complete upon proof of the communication; it does not require an overt act in furtherance nor does it even require proof of delivery of the solicitation to the intended target; criminal solicitation.
State v. Ochoa Person is an aider and abettor if he shares the criminal intent of the principal and acts in concert with the principal; Abet; accesory; aid and abet; incite; riot.
State v. Etzweiler Accomplice will be liable only for crimes that he or she intended to facilitate. Negligent homicide.
State v. Verive Conviction for conspiracy requires an agreement to commit a criminal act and some overt act in furtherance of the conspiracy. Corroboration; double jeopardy clause; immunity; perjury.
United States v. Diaz Participant in a conspiracy is criminally liable for all acts that are done by other members in furtherance of the conspiracy and that are reasonably foreseeable as a necessary consequence of the unlawful agreement.
State v. Christy Pontiac-GMC, Inc. Corporation may be convicted of specific-intent crime when agent of corporation takes illegal acts in furtherance of the corporate business interests; alter ego; commercial crime; corporate crime; legal fiction; specific intent; swindle.
Commonwealth v. McIlwain School Bus Lines Corporation may be held criminally liable for vehicular homicide when the definition of person in the homicide statute extends beyond that of natural person. Ultra vires.
United States v. Hilton Hotel Corp. Corporation cannot disown the criminal acts of its agents simply by making it company policy not to break the law; to do so would permit a corporate defendant to avoid responsibility for illegal conduct it actually condoned. Sherman antitrust act.
Commonwealth v. Mitchneck Failing to pay money to a creditor under an agreement to pay the debt of another does not constitute fraudulent conversion, since the money at issue never belonged to the creditor; conversion novation.
Rex v. Chisser Taking goods without paying for them is treated as a felony even though the store clerk voluntarily handed the merchandise to the customer for inspection as part of an anticipated transaction. Felleo amimo incohate.
The King v. Pear If one rents property under false pretenses and fails to return it at the end of the lease time, and instead sells the property and keeps the money, he has committed a felony.
State v. Smith Defendant may not be convicted rape if words and conduct of complainant justify reasonable belief that complainant consented. affirmative defense; general intent; mistake of fact; preponderance of the evidence; reasonable doubt; specific intent.
In the Interest of M.T.S. Sexual assault consists of any act of sexual penetration done without the affirmative and freely given permission of the victim. Juvenile delinquency.
Boro v. People Consent to an act of sexual intercourse will bar prosecution for rape, even when consent was obtained by fraud, if victim knew that she was consenting to an act of sexual intercourse. Fraud in the factum; fraud in the inducement; prohibition.
Commonwealth v. Fischer Reasonable mistake of fact regarding a victim's consent is not a defense to a rape charge. Mens rea.
State v. Guthrie First Degree Murder; intent to kill must last for more than an instant; murder in the first degree consists of an intentional, deliberate, and premeditated killing, which means that the killing occurs after a period of time of prior consideration.
Attorney General for Jersey v. Holley Provocation defense is akin to self defense; would a person having ordinary powers of self-control commit same crime as defendent given gravity of provocation? Evidence of the alcoholism or intoxication of defendant should not be considered.
People v. Howard Felony murder; accidental death during police chase is not felony muder; but murder can be committed without malice if the killing occurs during the commission of an inherently dangerous felony.
People v. Wilhelm Rape shield; evidence of victim's sexual conduct with a third party is irrelevant to the issue of whether she consented to sexual intercourse with the defendant; public, provocative displays may or may not be admissible in rape trials.
Clark v. Arizona Mott Rule; mental illness short of insanity does not bear on mens rea according to Arizona state Mott Rule; court will not allow evidence of a mental disorder short of insanity as bearing on a defendant's capacity to form specific intent.
Latimer v. The Queen Mercy killing is murder; for defense of necessity to apply, there must be an urgent situation of clear and imminent peril, no reasonable legal alternative to disobeying the law, and proportionality between the harm inflicted and the harm avoided.
People v. Robertson Felony murder instruction not proper when underlying felony is integral part of the homicide; shooting to scare off burglars can result in a murder conviction.
Juvenile Court Reasonable Doubt In Re Winship, In juvenile court, guilt of criminal charges must be proven beyond a reasonable doubt.
General Deterrence and Sentencing United States v. Milken, individual deterrence, general deterrence, punishment, retribution, and rehabilitation, appropriate criminal sentence.
The Sentencing Reform Act United States v. Gementera, judge force convict to declare crime in public, The Sentencing Reform Act affords courts broad discretion in fashioning conditions of supervised release reasonably related to nature and circumstances of offense.
Criminal Laws on Homosexuality Lawrence v. Texas, state laws criminalizing homosexual relations violate substantive due process.
Common Law Misdemeanors Commonwealth v. Mochan, misdemeanors may arise under state common law, acts against the public morality, Lawrence v. Texas, homosexuality.
Fair Warning In Legislation McBoyle v. United States, legislation must be drafted in such a way as to give citizens fair warning of what conduct is encompassed within the statute, ejusdem generis.
The Rule of Lenity United States v. Dauray, The rule of lenity requires that ambiguities in a criminal statute be resolved in the defendant's favor, noscitur a socis.
Mens Rae B (A Minor) v. Director of Public Prosecutions, Absent legislative direction, the common law presumes that an accused's honest belief that negates the requisite mens rea of the crime is a valid defense.
M.C. v. Bulgaria Essential element of the crime of rape is lack of consent.
People v. Hall Ski accident, Whether a risk of death is substantial and unjustifiable must be determined based on the circumstances of each case.
Hines v. State Felonies that create a foreseeable risk of death under the circumstances are inherently dangerous, justifying the felony-murder rule.
People v. Burton The underlying felony sufficient to trigger the felony-murder rule must involve an independent felonious purpose, lesser included offense.
Atkins v. Virginia The execution of a mentally retarded person is "cruel and unusual punishment" and therefore violates the Eighth Amendment.
United States v. McDermott A conspiracy requires a unity of unlawful purpose between two or more individuals.
People v. Goetz Self defense, The reasonableness of a belief in the need to use force is determined according to an objective standard, taking into account the circumstances or situation faced by the defendant.
Clark v. Arizona Mens rae, under Arizona's Mott rule, a court will not allow evidence of a mental disorder short of insanity as bearing on a defendant's capacity to form specific intent.
Linda R. S. v. Richard D. A plaintiff must have a sufficient stake in the outcome of a case to maintain standing.
Inmates of Attica Correctional Facility v. Rockefeller Selective prosecution, courts are reluctant to interfere with prosecutorial discretion.
United States v. Armstrong In selective-prosecution claims based on race, in order to obtain discovery, the claimant must produce preliminary evidence that similarly situated offenders of a different race could have been prosecuted but were not.
Brady v. United States A guilty plea is not involuntary merely because it was entered into to avoid the possibility of the death penalty.
Bordenkircher v. Hayes It is not a vindictive exercise of a prosecutor's discretion, and therefore not a violation of due process, to reindict a defendant on more serious charges if the defendant does not plead guilty to the original offense charged.
Williams v. New York Pre-sentence investigation, imposition of death sentence for murder in the first degree is not void under the Due Process Clause solely because trial court, before imposing sentence, considered additional information from probation department.
United States v. Thompson Downward departure, under federal sentencing guidelines, courts may order a downward departure from the sentencing guidelines based on extraordinary family circumstances.
Blakely v. Washington Determinate sentence, indeterminate sentence, sentencing guidelines, imposition of a sentence outside the statutory range based on facts never admitted nor put before a jury deprives a criminal defendant of his Sixth Amendment rights.
Ewing v. California Three strikes law, Eighth Amendment's prohibition on cruel and unusual punishment, deterrence, proportionality, recidivism, rehabilitation.
Uses or Carries Firearm in Drug Trafficing Crime Muscarello v. United States; The word "carry," in ordinary sense includes carrying in car neither basic purpose nor legislative history 18 U.S.C. § 924(c)(1) supports circumscribing scope word "carry" by applying "on the person" limitation; lenity.
Knowingly Commit Each Element of Offense Flores-Figueroa v. United States; Courts ordinarily read a phrase in a criminal statute that introduces the elements of a crime with the word "knowingly" as applying that word to each element of the offense; identity theft.
But-For-Cause of Injury People v. Rideout; For a defendant's conduct to constitute the proximate cause of an injury, the victim's injury must be a direct and natural result of the defendant's actions; but-for-cause.
Liability For Ownership of Vicious Dogs People v. Knoller; Malice, to satisfy the elements of second-degree murder, requires a defendant's awareness of the risk of death to another; objective; subjective.
Felony in Felony Murder Must Not Be Integral Part Of The Homicide People v. Smith; second-degree felony murder conviction cannot stand when in it is based on a felony that is an integral part of the homicide and the evidence produced by the prosecution shows it to be an offense included in fact within homicide.
Mayberry Instruction Must Have Evidence of Mistaken Belief People v. Williams; trial court must give instruction on mistaken belief to consent to intercourse in rape case only when the defense is supported by substantial evidence sufficient to deserve consideration by jury.
Evidence of Intoxication Is Admissable Sometimes United States v. Veach; Intoxication, whether voluntary or involuntary, may preclude the formation of specific intent and thus serve to negate the mens rea element of specific-intent crimes; field sobriety test.
Insanity May Be Proved By Perponderance Of The Evidence Perez v. Cain; In a federal habeas proceeding, the standard is whether, after viewing evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.
Accomplice Liability Requires Act, Not Mere Presence State v. V.T; Passive behavior, such as mere presence or even continuous presence, absent evidence that the defendant affirmatively did something to instigate, incite, embolden, or help others in committing a crime, is not accomplice liability.
Withdrawing From Consipiracy Requires Affirmative Act State v. Formella; An individual is criminally liable for the conduct of another when he acts as an accomplice by promoting or facilitating, or by aiding, or agreeing or attempting to aid, another person in planning or committing the offense.
Mental Illness Evidence Does Not Bear On Mens Rea Clark v. Arizona; The defendant appealed from his murder conviction, arguing that evidence of his mental illness should have been considered with regard to his ability to form the necessary mens rea.
Discipline or Child Abuse Willis v. State; parent has fundamental right to direct his or her child's upbringing, which includes the right to use reasonable or moderate physical force to control the child's behavior.
Taylor Overruled People v. Superior Court; doctrine of "nonmutual collateral estoppe" should not be applied in criminal cases.
Factors Determining If In Possession of Drugs Smith v. State; Several factors, no one of which is conclusive, determine if defendant was "in possession" of drugs: proximity, in plain view, indicia of mutual use and enjoyment, and ownership or possessory interest in location where discovered.
Involutarily Commit Sexual Predators Kansas v. Hendricks; Where a civil commitment statute does not seek retribution or deterrence, it does not establish punitive criminal proceedings necessary to uphold double jeopardy and ex post facto claims.
Felony Murder Rule People v. Cavitt; The felony-murder rule requires both a causal relationship and a temporal relationship between the underlying felony and the act resulting in death.
Honest Services Fraud United States v. Rybicki; To establish honest services fraud under 18 U.S.C. § 1346, the evidence must show (1) a scheme or artifice to defraud; (2) for depriving another ofhonest services...; bribery; conflict of interest; kickback; self-dealing behav
Perjury By Implication Not Allowed Bronston v. United States; To support a perjury conviction, a witness must actually willfully state a material matter that he does not believe to be true.
Exculpatory-No Doctrine Brogan v. United States; A "false statement" under 18 U.S.C. § 1001 includes any false statement knowingly and willfully made within the jurisdiction of a federal agency, encompassing even a mere false denial of criminal wrongdoing.
Obstruction Of Justice United States v. Aguilar; utterance of false statement to investigating agent—who may or may not testify before a grand jury—does not constitute an endeavor to interfere with the due administration of justice; corruptly; obstruction of justice.
Attorneys Are Officers Of the Court United States v. Cueto; Otherwise lawful conduct violates 18 U.S.C. § 1503 if employed with corrupt intent to interfere, obstruct, or impede the due administration of justice.
Document Destruction Policies Not Obstruction of Justice Arthur Andersen LLP v. United States; One knowingly corruptly persuades another person with intent to cause that person to withhold documents from, or alter documents for use in, an official proceeding only when conscious of wrongdoing.
Three Strikes James v. United States; Attempted burglary, as defined by Florida law, is a violent felony under ACCA Armed Career Criminal Act; three strikes.
Failure to Alleviate Risk Commonwealth v. Levesque; criminal liability is possible for failure to alleviate risk that the defendant created.
Juvenile Rehabilitation Graham v. Florida; convicted juveniles must be give a reasonable chance at rehabilitation.
Breach of Duty Jones v. United States; must establish a duty before breach of duty can support a criminal conviction.
Viability Standard for Fetus Keeler v. Superior Court; viability of the embryo was not the standard for human being in California in the 1970's.
Death Penalty for Child Rape Kennedy v. Louisiana; court says child rape not heinous enough for the death penalty; disproportionate.
Attempted Murder People v. Stone; an attempt to kill anyone is an attempted murder.
Question of Possession State v. Barger; new technology complicates questions of possession sufficient to establish criminal liability.
Withdrawing From Complicity Requires Affirmative Act State v. Formella; withrawal from consipiracy requires an affirmative act and communication to the other consipirators is helpful.
Signing With A Fictitious Name United States v. Moore; signing for an express mail delivery with a fictitious name violates federal law.
Good Faith Mistake of Fact Commonwealth v. Sherry; wheter a reasonable good-faith mistake of fact as to consent is a defense to the crime of rape;
Reasonable Man Test Director of Public Prosecutions v. Camplin; the reasonable man standard is a person having the power of self-control to be expected of an ordinary person of the same sex and age as the accused.
Unjustified Risk Taking People v. Moore; defendant's driving created a sufficiently high probability of death for a second-degree murder conviction; the defendant was subjectively aware of the risk from prior DWI (driving while intoxicated).
Continuous Conspiracy Pinkerton v. United States; When there is a continuous conspiracy, and no evidence of affirmative action to establish withdrawal, as long as the partnership in crime continues, the partners act for each other.
Defense of Habitation State v. Boyett; entry to home not required for defense of habitation, but habitation defense not applicable if victim was fleeing.
Substantial Factor Test Valazquez v. State; but-for test and substantial factor test to determine liability as cause in fact; must also be the proximate cause or no liability.
Accomplice Liability Commonwealth v. Roebuck; An accomplice is accountable for contributing to criminal conduct to the degree his culpability equals what is required to support liability of a principal actor.
Second Degree Murder People v. Chun; felony murder; assualtive felony that is inherently dangerous to life; second degree murder; felony murder rule; drive by shooting; accomplice liability.
Honest Services Fraud Doctrine Skilling v. United States; bribery and kickbacks are honest services fraud, but conflict of interest is not.
Probation for Corporate Defendants United States v. Guidant; A term of probation is appropriate for corporate defendants to hold them accountable and serve the public interests.
Presumptive Sentence United States v. Deegan; A sentence within the guidelines range is accorded a presumption of reasonableness.
Sentencing Guideline Range United States v. Bernard Madoff; While the court must give the sentencing guideline range fair and respectful consideration, it is not bound by it and must make an individualized sentencing assessment.
Economic Stimulus Checks Recession fighting, uncle sam, deficit spending.
Housing Bailout Easy credit, lending standards, due diligence.
Foreclosure Cartoon Walking Away, underwater, negative equity.
House Under Water Silver lining, optimist.
Sovereign Wealth Fund SWF Chinese power, economic growth, borrowing from China.
FDIC Takeover of the bank on Friday, shelia blair, banking crisis, insolvent banks.
Election Year Politics Housing bail out, save from foreclosure, Fannie Mae, Freddie Mac.
Consumer Spending Consumption based economy, good consumer.
Real Estate Blogs Housing bubble blogging, bubble bloggers.
Quarterly Earnings Report Bad earnings announcement, quarterly loss, declining income and increasing expenses.
Real Estate Cartoon Previous valuation, inflated values, appraise for, appraisal.
Real Estate Always Goes Up Permabull, NAR, National Association of Realtors.
Sell real estate. Buyer remorse.
Talk Up The Market Press spin, deny everything.
Market Reality Reintroduction of risk, reckless lending practices, loan officer layoffs.
Qualify For A Loan Stricter underwriting standards, increased due diligence.
Investment Dervivatives CDOs, tranches, MBS, mortgage backed securities.
Bad Loans Loose underwriting standards.
Fannie Mae and Freddie Mac Cartoon Bail outs, GSEs, moral hazards, liquidity.
Rating Agencies Downgrade ratings, Moodys, S&P, Fitch.
Bailouts At Taxpayer Expense Government causing high housing prices.
Wall Street Welfare Too big to fail, ensuring liquidity, corporate welfare.
apparent agency vicarious liability Roessler v. Novak; a principal may be held liable for the acts of an agent if the principal permits the appearance of authority in the agent. Independent contractor.
res ipsa loquitur States v. Lourdes Hospital; doctrine of res ipsa loquitor; factfinder; draw an inference of negligence; kind that ordinarily does not occur absent negligence.
economic loss rule 532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.; adjoining landowners; purely economic losses; construction defects.
Proximate Cause Doe v. Manheimer; a negligent act is the legal cause of a plaintiff's injury only if the injury would not have occurred without the act, and if the negligent act was a substantial factor in producing the plaintiff's injury.
the firefighter's rule Levandoski v. Cone; the firefighter's rule does not bar recovery from a tortfeasor who is neither a landowner nor a person in control of the premises; invitee; licensee.
Website Owner Liability For Visitor Posts Carafano v. Metrosplash.com, Inc.; a website host is not liable for false information posted by a visitor as a publisher or speaker; invasion of privacy; defamation; right of publicity.
Fair Use Parody Winter v. DC Comics; copyright; the first amendment; appropriation of a likeness; more than merely copying the likenes; right of publicity claim; significant transformative elements; value of work does not derive primarily from celebrity's fame; fair use;
Premises Liability Waiver Agreement Dalury v. S-K-I Ltd. An exculpatory agreement requiring skiers to release a ski resort operator from liability for injuries sustained on the property is void as contrary to public policy.
Chain Of Causation Virden v. Betts and Beer Constr. Co.. Defendant's conduct is the proximate cause of a plaintiff's injury only if injury would not have occurred but for the defendant's conduct and was a substantial factor. But-for cause; substantial factor test.
Proximate Cause Only If Foreseeable Hebert v. Enos. Summary judgment is appropriate if the plaintiff's injuries were not a foreseeable result of the defendant's negligence.
Liability for Tree Damage Michalson v. Nutting. A landowner is at liberty to use his land, and all of it, to grow trees and is not liable for damage caused by the natural and reasonable extensions of boughs and penetration of roots over and into adjoining property.
Workers' Compensation Specific Intent Rainer v. Union Carbide Corp. An employer acts with deliberate intention, so the employee's injury is excepted from workers' compensation exclusivity, only when it determines to injure an employee and uses some means appropriate to that end.
National Childhood Vaccine Injury Act Pafford v. Secretary of Health & Human Servs. Under the National Childhood Vaccine Injury Act, a plaintiff may demonstrate causation only by proving that a vaccine was both a but-for cause and a substantial factor in causing her injury.
National Child Doe a/k/a Twist v. TCI Cablevision The First Amendment protects the defendant's expressive speech against a plaintiff's right of publicity claim if newsworthy, but not if for profit.
Federal Tort Claims Act United States v. Olsen. The Federal Tort Claims Act authorizes civil actions against the United States under circumstances in which a private person would be liable under the law of the place where the act or omission occurred.
Driver's Duty to Passengers Pipher v. Parsell; when the actions of a passenger that interfere with the driver's safe operation of his vehicle are foreseeable, the failure to prevent such conduct may be a breach of the driver's duty to other passengers or the public.
Damage Limits in Maritime Cases Exxon Shipping Co. v. Baker; In maritime cases, compensatory and punitive damages should be limited to a 1:1 ratio.; malice; remittur.
Stepparent Immunity for Negligent Supervision Zellmer v. Zellmer; Because a stepparent standing in loco parentis has a common law duty to support and educate a child to the same extent as a biological parent, he or she is also entitled to parental immunity for negligent supervision.
Immunity Statutes and Damages Limits Cannot Deny Meaningful Remedy Clarke v. Oregon Health Sciences University; The Remedy Clause of the Oregon Constitution provides that, although the legislature may change a remedy or procedure, it cannot deny a remedy entirely.
Family Car Doctrine Malchose v. Kalfell; The family car doctrine imposes liability on a vehicle owner for negligent operation of that vehicle with the owner's express or implied consent, for purposes of the business or pleasure of the owner's family; negligent entrustment.
The Medical Devise Amendments Prempt State Law Riegel v. Medtronic, Inc.; The Medical Device Amendments preempt state requirements that are different from, or in addition to, any requirements applicable to a medical device under federal law; preemption.
Juries May Impose Higher Warning Standards than the FDA Wyeth v. Levine; Where it is not impossible for a drug manufacturer to comply with both state and federal law, common law claims do not stand as an obstacle to the accomplishment of Congress's purposes in the Food, Drug and Cosmetic Act.
Security Guards May Pursue Fleeing Suspects Peters v. Menard, Inc; A merchant and its agents are immune from liability for actions taken while attempting to detain a person, including off-premises pursuit of that person, if reasonable cause to believe person violated the shoplifting law.
Standard Negligency Jury Instruction Bjorndal v. Weitman; person negligent if person fails exercise reasonable care measured by what reasonable person acting with ordinary prudence would do under the same or similar circumstances including emergencies.
Violation of Statute May Be Negligence Per Se O'Guin v. Bingham County; to replace a common law duty of care with a duty of care from a statute or regulation, the statute or regulation must clearly define the required standard of conduct, be intended to prevent the same type of harm.
No Nominal Damages in Negligence Actions Right v. Breen; when the action sounds in negligence, no purpose would be served by a nominal damages award; exemplary damages.
Proximate Cause in Negligence Action Hale v. Ostrow; negligence claim requires proof by preponderance of evidence of both causation in fact and proximate causation; both generally involve questions of fact for jury unless uncontroverted facts or all reasonable inferences; but-for-cause.
Superceding Cause of Injury Delaney v. Reynolds; When an intervening occurrence was foreseeable, the causal chain of events remains intact and the defendant's original negligence remains a proximate cause of the plaintiff's injury; intervening cause; superseding cause.
Schools Have a Duty to Protect Students Christensen v. Royal School District No. 160; Contributory fault may not be assessed against thirteen-year-old child based on failure to protect from sexual abuse when defendant stands in special relationship to child and has duty to protect child.
Assumption of Risk in Sports Avila v. Citrus Community College District; Primary assumption of risk arises when as matter of law and policy defendant owes no duty to protect a plaintiff from particular harms; demurrer.
Hospital Liability for Discharging Unstable Patients Lewellen v. Schneck Medical Center; A hospital must provide appropriate medical screening within emergency department; the patient may not be discharged until he has received stabilizing treatment or has been appropriately transferred.
Sovereign Immunity under FTCA United States v. Olson; FTCA requires a court to look to state law on the liability of private entities, not public entities, when assessing the government's liability in activities that private persons do not perform; discretionary function.
Discretionary Function Exception to Government Liability Whisnant v. United States; Because removing an obvious health hazard is a matter of safety rather than policy, the government's alleged failure to do so is not protected under discretionary function exception.
Duty to Aid Strangers Podias v. Mairs; common law has persistently refused to impose on strangers a moral obligation to aid another human being who is in danger but an exception exists for failure to render assistance when social policy justifies imposition of duty to act.
Remedy for Breach of Contract is not Tort Action Spengler v. ADT Security Services, Inc; under Michigan law action for an action in tort to arise out of a breach of contract, the act complained of must constitute (1) a breach of duty separate and distinct from the breach of contract, and (2) active negl
No Duty to Warn Unless a Special Relationship Iseberg v. Gross; An affirmative duty to warn or protect against the criminal conduct of a third party may be imposed on one for the benefit of another only if there exists a special relationship between them; agency; agent; principle.
Wrongful Death Action by Adult Children Weigel v. Lee; Compensable damages in wrongful death actions specifically include both economic and non-economic damages, the latter of which include mental anguish, emotional distress, and loss of consortium damages; survival action.
Liability for Hiring An Incompetent Contractor Puckrein v. ATI Transport, Inc; to prevail against principal for hiring incompetent contractor plaintiff must show contractor was incompetent, unskilled perform job for which hired, the harm arose due to incompetence and principal knew incompetent.
Design Defect Merck & Co. v. Garza; Courts should allow a party to present the best available evidence and only then should determine from a totality of the evidence, considering all factors, whether there is legally sufficient evidence to support judgment.
Workers' Compensation Injury Requirements Wait v. Traveler's Indemnity Co. of Illinois; to recover under Tennessee Workers' Compensation Act, injury must both arise out of and occur in the course of an employee's employment.
Student Acting Under Doctor Authority Does Not Commit Battery Mullins v. Parkview Hospital, Inc; In order to state a claim for battery, the plaintiff must show that the defendant acted intending to cause a harmful or offensive contact with the plaintiff.
Res Ipsa Loquitur in Med Mal Sides v. St. Anthony's Medical Center. A plaintiff in a medical malpractice case can use res ipsa loquitur theory where the plaintiff offers a medical expert's opinion that the injury would not have occurred in the absence of negligence by the defendant.
Foreseeability Is A Fact Question A.W. v. Lancaster County School District 0001. Questions of foreseeability in the context of determining whether an alleged tortfeasor's duty to take reasonable care has been breached must be decided by the finder of fact. Avoid Jury Trial.
Loss of Chance In Medical Malpractice Matsuyama v. Birnbaum. When a physician's negligence reduces or eliminates the patient's prospects for achieving a more favorable medical outcome, the physician has harmed the patient and is liable for damages. Wrongful Death Action.
Direct Loss In Tort In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. If reasonably foreseen that an act may cause harm, tortfeasor is liable for damages, regardless of whether type and extent of damages are reasonably foreseeable.
Contract of Adhesion Hanks v. Powder Ridge Restaurant Corp. The law disfavors contracts that relieve a person from his own negligence. An agreement violates public policy if it adversely affects the public interest. Liability waiver.
Learned Intermediary Doctrine State v. Karl. Manufacturers of prescription drugs are subject to the same duty to warn consumers about the risks of their products as other manufacturers.
Lead Paint Case State of Rhode Island v. Lead Industries Association, Inc. A public nuisance is an unreasonable interference with a right common to the general public by a person or persons with control over the instrumentality alleged to have created the nuisance.
Stealing Electronic Records Thyroff v. Nationwide Mutual Insurance Co. Electronic records are subject to the common law tort of conversion.
Economic Loss Rule Affiliated FM Ins. Co. v. LTK Consulting Services, Inc.; The economic loss rule, a doctrine that has attempted to describe the dividing line between the law of torts and the law of contracts, should not be treated as a bright line rule.
Slip and Fall Damages Averyt v. Wal-Mart Stores, Inc.; Where the jury's damages award is supported by the evidence, a reviewing court will not reverse it.
No Joint and Several Liability Board of County Commissioners of Teton County v. Bassett; each defendant in a case is liable only to the extent of that defendant's proportion of the total fault in Wyoming.
No Claim for Emotional Distress Catron v. Lewis; an action for negligent infliction of emotional distress must show either (1) reasonably foreseeably "bystander" victim based on an intimate familial relationship, or (2) a "direct victim" because was within the zone of danger.
Duty Based on Public Policy Diaz v. Phoenix Lubrication Service, Inc.; an actor whose conduct has not created a risk of physical harm to another has no duty of care to the other unless there is some other affirmative basis for the existence of a duty.
New Damages Trial Dillon v. Frazer; new damages trial if verdict is so grossly inadequate or excessive as to shock the conscience and clearly indicates passion, caprice, prejudice, partiality, corruption, or some other improper motive.
NTMVSA Doomes v. Best Transit Corp.; the National Traffic and Motor Vehicle Safety Act includes a savings clause stating that compliance with a motor vehicle safety standard does not exempt liability at common law. Premeption Doctrine.
Abnormally Dangerous Activity Dyer v. Maine Drilling & Blasting, Inc.; an abnormally dangerous activity is subject to liability for harm to the person, land, or chattels of another from the activity, even if has exercised the utmost care to prevent the harm. Strict Liability.
No Duty to Assist Estate of Cilley v. Lane; Maine law does not impose a general obligation to protect others from harm not created by the actor.
Shopkeeper's Privilege Gortarez v. Smitty's Super Valu, Inc.; A merchant with reasonable cause may detain in a reasonable manner and for a reasonable time any person suspected of shoplifting for questioning or summoning a law enforcement officer.
Market Share Liability Theory Hymowitz v. Eli Lilly & Co.; Under the market share liability theory, liability will be apportioned to each defendant according to its share of the market for the product giving rise to the plaintiff's injuries.
Open and Obvious Doctrine Kentucky River Medical Center v. McIntosh; a possessor of land is not liable to invitees for physical harm caused by an activity or condition whose danger is known or obvious, unless should have anticipated despite knowledge or obviousness.
Substantial Factor Test for Causation Lasley v. Combined Transport, Inc.; factual cause exists if someone examining the event without regard to legal consequences would conclude that the allegedly faulty conduct or condition in fact played a role in its occurrence.
Discovery Rule Lincoln Electric Co. v. McLemore; A plaintiff's cause of action accrues at the point at which he discovered, or by reasonable diligence should have discovered, the injury. Statute of limitations.
Intervening Acts Marcus v. Staubs; a tortfeasor whose negligence is a substantial factor in bringing about injuries is not relieved from liability by the intervening acts of third persons if those acts were reasonably foreseeable by the original tortfeasor.
Computing Punitive Damages Mathias v. Accor Economy Lodging, Inc.; there are no definitive rules establishing a precise methodology for computing punitive damages.
Vicarious Liability Mavrikidis v. Petullo; when a person engages a contractor, who conducts an independent business by means of his own employees, he is not liable for the negligent acts of the contractor.
Loss of Chance Doctrine Mohr v. Grantham; treating the loss of chance as a cognizable injury permits plaintiffs to recover for the loss of an opportunity for a better outcome. But for causation. Substantial Factor Test.
Parental Immunity Doctrine Neel v. Sewell; claims of negligent supervision are properly viewed as involving the exercise of reasonable parental authority over a child, and are thus barred by parental immunity.
Intervening Cause Pohl v. County of Furnas; an intervening cause cuts off a tortfeasor's liability only when it is not foreseeable; tthe new and independent conduct of a third person is itself the proximate cause of the injury and breaks the causal connection.
Sudden Emergency Doctrine Posas v. Horton; The fact that the actor is not negligent after the emergency arises does not preclude his liability for tortious conduct that produced the emergency.
Feres Doctrine Purcell v. United States; under the Feres doctrine, the government is not liable under the FTCA for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.
Qualified Immunity Sama v. Hannigan; Qualified immunity shields government officials performing discretionary functions (medical care here), from liability for civil damages if conduct does not violate clearly established statutory or constitutional rights.
Risk Standard Thompson v. Kaczinski; a actor's liability is limited to those physical harms that result from the risks that made the actor's conduct tortious. The scope of liability issue is fact intensive as to foreseeability.
Self Defense for Physical Harm Only Touchet v. Hampton; mere words, even though designed to excite or irritate, cannot excuse a battery. The privilege of self-defense is based on the prevention of harm to the actor, not on the desire for retaliation or revenge.
Child Liability in Tort Van Camp v. McAfoos; A child cannot be held liable in tort without some allegation of negligence or wrongful conduct on his or her part.
Implied Preemption Vreeland v. Ferrer; if federal law does not expressly preempt state law, preemption may be inferred only if scheme of federal regulation is sufficiently comprehensive to reasonably infer Congress left no room for supplementary state regulation.
Landlord Duty to Tenants Ward v. Inishmaan Assocs. Ltd. Partnership; Generally speaking, landlords have no duty to protect tenants from criminal attack by third parties.
Online Defamation Blumenthal v. Drudge; Under the Communications Decency Act, no provider or user of interactive computer service treated as publisher or speaker of information provided by another content provider for tort liability. ISP. Internet Service Provider.
Market Share Liability Rule Sindell v. Abbott Laboratories; when the precise defendant cannot be identified through no fault of the plaintiff, liability may be apportioned based on the share of the market held by each negligent manufacturer. Summers v. Tice.
Online Writings are Defamatory Varian Medical Systems, Inc. v. Delfino; written defamatory communications published by means of the Internet are properly characterized as libel, not slander. No prior restraint.
The statute of frauds Cloud Corp. v. Hasbro, Inc.; the statute of frauds does not require that a contract itself be in writing, only that there is adequate documentary evidence of its existence and its essential terms.
covenant not to compete Lake Land Employment Group of Akron v. Columber; no new consideration; noncompete agreement; continued employment of an at-will employee is sufficient consideration to support an agreement not to compete; employment at will.
Arbitration Agreement Washington Mutual Finance Group v. Bailey; illiteracy does not make an arbitration agreement unconscionable.
extrinsic evidence Interform Co. v. Mitchell; outside evidence; extrinsic evidence will be admitted to show the true intent of the parties to a contract; complete and exclusive statement of the agreement; bill of lading.
Nelson v. Elway Merger clauses bar extrinsic evidence integration clauses preclude the introduction of extrinsic evidence to prove the existence of prior agreements. Integration clause.
Jungmann & Co., Inc. v. Atterbury Brothers, Inc. All contractual conditions must be performed before bringing an action for breach a party may not recover on a contract unless that party can show that it has performed all of the conditions required of it. condition precedent condition subsequent.
Rouse v. United States Assumption of another s obligation is also assumption of that person s rights a party who assumes the obligation of another is entitled to raise the same defenses as would have been available to the person whose obligation is assumed.
Slattery v. Wells Fargo Armored Service Corp. Pre-existing duty rule; The performance of an existing duty does not amount to the consideration necessary to form a contract.
McMahon Food Corp. v. Burger Dairy Co. An accord and satisfaction requires good faith and is a contractual method of discharging a debt; the accord is the agreement; satisfaction is the execution of the agreement.
In re the Marriage of Witten Divorcing couples must agree on the use of frozen embryos; agreements entered into at the time of in vitro fertilization are enforceable.
T.F. v. B.L. Same-sex parents duty to provide child support; gay rights; no parenthood by contract; agreements attempting to create parental relationships are unenforceable as against public policy.
Coppola Enterprises, Inc. v. Alfone Breach of real estate contract for sale of land or building; breachor cannot gain from breach; breachor becomes trustee for original vendee.
Egerer v. CSR West, LLC hypothetical cover-- buyer recovers from the seller the difference between the contract price and what he would have had to pay for substitute goods if he had bought them at market price at the time of breach; UCC 2-713.
Valentine v. General American Credit, Inc. Mental distress damages not recoverable by person discharged in breach of an employment agreement; mental anguish damage.
Kutzin v. Pirnie The law abhors forfeitures; Restatement Second of Contracts 374(1); holding all or part of a deposit as a penalty rather than as compensation for injury; buyer is entitled to restitution.
Mayol v. Weiner Companies, Ltd. Objective meaning of contract terms controls; if misunderstanding regarding contractual terms, meaning applied is that of person less at fault for the misunderstanding.
Foxco Industries, Ltd. v. Fabric World, Inc. Trade group standards are admissible to clarify contracts; the uniform commercial code UCC makes admissible evidence of course of dealing, usage of trade and course of performance to explain or supplement the terms of any writing.
Wagenseller v. Scottsdale Memorial Hospital Wrongful termination; at-will employment doctrine states an employee may be terminated for cause, or even without cause, but not for bad cause.
Chateau Des Charmes Wines Ltd. v. Sabate USA Inc. Statements on international shipping invoices do not alter the original agreement; the United Nations Convention on Contracts for the International Sale of Goods UNCCISG.
Specht v. Netscape Communications Corp. Online agreements must be obvious to user; a consumer's clicking on a download button does not communicate assent to contractual terms if offer did not make clear to the consumer that clicking on download button would signify assent.
Register.com, Inc. v. Verio, Inc. internet contracts do not all require clicking on I Agree; silence or inaction may operate as acceptance of contract terms when an offeree takes the benefit of offered services with a reasonable opportunity to reject.
Donovan v. RRL Corp. Mistakenly advertised prices may not be binding on seller; a mistake of fact is a mistake, not caused by neglect of a legal duty on part of the person making the mistake, consisting of an unconscious ignorance or forgetfulness of material fact.
Alamance County Board of Education v. Bobby Murray Chevrolet, Inc. Doctrine of commercial impracticability is a high standard; performance is not excused unless seller has employed all due measures to assure himself that his source of supply will not fail.
Scarpitti v. Weborg Restrictive covenants benefit homeowners as third party beneficiaries.
Clapp v. Orix Credit Alliance, Inc. Contractual rights may be assigned, but not contract obligations; exception (1) materially change duties of other party, (2) materially increase burden or risk imposed or (3) materially impair that party's chances of obtaining return performance.
Koch v. Construction Technology, Inc. Conditions precedent are not favored in contract law so require clear language; pay when paid clauses.
Oral Promise as Contract Basis Hawkins v. McGee; words that constitute a promise may be the basis of a contract.
Bayliner Marine Corp. v. Crow Statements that do not relate to the particular item purchased, or that merely commend the quality of goods, do not create express warranties.
Punitive Damages in Contract White v. Benkowski; Punitive damages may not be recovered for breach of contract nominal damages: pecuiniary damages punitive damages.
Noncompete Agreement Lake Land Employment Group of Akron, LLC v. Columber; continuation of at-will employment relationship is sufficient consideration for the employee's agreement.
New Contract Terms in Packaging Hill v. Gateway 2000, Inc.; terms contained inside a package may become part of the contract; shrink wrap agreement; click wrap.
The Statute of Frauds C.R. Klewin, Inc. v. Flagship Properties, Inc.; oral contract with indefinite duration is outside of the Statute of Frauds.
Statute of Frauds for Sale of Real Property Richard v. Richard; oral contract to convey real estate, part performance, possession of the property, making improvements, payment of a substantial part of the purchase price, done in reliance on the agreement.
Written Confirmation of Oral Contract St. Ansgar Mills, Inc. v. Streit; question of fact of the jury as to reasonableness of time for receipt of written confirmation.
Central Ceilings, Inc. v. National Amusements, Inc Novation; a promise to pay a debt owed by another is not within the Statute of Frauds if the leading object of the promise is to confer some benefit on the promisor.
Greenfield v. Philles Records, Inc. Extrinsic evidence to interpret a contract or add terms may not be considered if the agreement on its face is reasonably susceptible of only one meaning.
Extrinsic Evidence on Parties Intent Trident Center v. Connecticut General Life Ins. Co; parties intent controls over the written word.
Parole Evidence Colfax Envelope Corp. v. Local No. 458-3M; rescission allowed based on mutual misunderstanding, not ambiguous term.
Warranty of Merchantability Koken v. Black & Veatch Construction, Inc.; breach of reasonable expectations of an ordinary user or consumer; objective standard.
Implied Warranty of Fitness for a Particular Purpose Lewis v. Mobil Oil Corporation; buyer relies on the seller expertise in supplying the proper product.
Warranty Disclaimers South Carolina Electric and Gas Co. v. Combustion Engineering, Inc.; buyers must have notice of warranty disclaimers.
Actual Damages for Contract Breach Doe v. Great Expectations; contract that violates statutory requirements results in actual damage award.
Consumer Class Action Lawsuits Scott v. Cingular Wireless; consumer protection laws; procedural unconscionability, substantive unconscionability, unconscionable.
Surrogacy Contracts In the Matter of Baby M; surrogate mother agreements; illegal and invalid if involve the payment of money to a woman who irrevocably agrees to bear child and turn it over to another party.
Equitable Remedy and Specific Performance Campbell Soup Co. v. Wentz; uniqueness of goods depends on value to purchaser; subjective standard; not an objective standard.
Specific Performance Morris v. Sparrow; equity will grant specific performance of a contract for the sale of chattels if there are special and peculiar reasons money damages are inadequate.
Third Party Beneficiary of a Contract Rathke v. Corrections Corporation of America, Inc.; the required intent to benefit that third-party may be manifested by a promise to render performance directly to the third-party.
Third Party Beneficiaries Verni v. Cleveland Chiropractic College; strong presumption contract executed for sole benefit of the parties; terms must directly and clearly express the intent to benefit the third-party; additur.
Assignee Rights Same As Assignor Delacy Investments, Inc. v. Thurman & Re/Max Real Estate Guide, Inc.
Gratuitous Promises Unenforceable Jara v. Suprema Meats, Inc.; without bargained-for exchange, even written agreement unenforceable ; bilateral contract; lack of consideration.
Unilateral Contract Sufficient Consideration Browning v. Johnson; detriment suffered by the promisee at promisor request, and as the price for the promise, is sufficient consideration.
Oral Promise to Make a Gift Congregation Kadimah Toras-Moshe v. DeLeo; detrimental reliance or consideration makes enforceable; promisee must act in reliance or unenforceable.
Promissory Estoppel Blinn v. Beatrice Community Hospital and Health Center, Inc.; promisee reliance on the promise must be reasonable and foreseeable, even if the promisor did not intend to be bound; detrimental reliance; unilateral contract.
Statute of Frauds Professional Bull Riders, Inc. v. AutoZone, Inc.; contracts must be in writing if technically CANNOT be performed in one year.
Statute of Frauds if Part Performance Sullivan v. Porter; part performance doctrine gives specific performance if induced by the other party misrepresentations, which may include acquiescence or silence.
Damages: Expectancy, Reliance, Restitution Glendale Federal Bank, FSB v. United States; if a reasonable probability of damages can be clearly established, uncertainty as to the amount will not preclude recovery, and the court duty is to make a fair and reasonable approximation.
Implied-In-Fact Contract Wrench, LLC v. Taco Bell Corp.; conversion; misappropriation; unfair competition.
Start of Performance as Acceptance of Offer Scoular Co. v. Denney; Acceptance of a contract offer is defined as words or conduct that, when objectively viewed, manifests an intent to accept the offer; UCC; Uniform Commercial Code.
Mirror Image Rule DTE Energy Technologies, Inc. v. Briggs Electric, Inc.; different terms in an acceptance ordinarily do not become a part of the contract; UCC; Uniform Commercial Code.
Gap Filler in Contracts Griffith v. Clear Lakes Trout Co., Inc.; destruction of contracts based on uncertainty;
Statute of Frauds Defense 168th and Dodge, LP v. Rave Reviews Cinemas, LLC; even implied in fact contrs, implied in law contracts and promissory estoppel claims are subject to the statute of frauds defense.
Reformation and Mutual Mistake OneBeacon America Insurance Co. v. Travelers Indemnity Company of Illinois; reformation fixes a mistaken writing, not a mistaken agreement; scrivener's error.
Severance of Illegal Provision of Contract Broadley v. Mashpee Neck Marina, Inc.; courts sever illegal contract terms; reformation does not apply; boilerplatej contracts; contracts of adhesion; unconscionable contracts; public policy.
Assignment of a Legal Malpractice Claim Gurski v. Rosenblum and Filan, LLC; public policy considerations prohibit assigning claim to adversary.
Merger Clause Suburban Leisure Center, Inc. v. AMF Bowling Products, Inc; merger clauses do not impact prior agreements covering different subjects; merger clause, integration clause; parol evidence rule.
Non-Disclosure Agreement Narrowly Construed ConFold Pacific, Inc. v. Polaris Industries, Inc.; unambiguous contract language must be enforced as it is written; extrinsic evidence.
Insurance Policy Contract Interpretation In re Katrina Canal Breaches Litigation; an insurance policy is a contract between the parties and should be construed using the general rules of contract interpretation; ejusdem generis, expressio unius est exclusio alterius, noscitur a sociis.
Insurance Coverage Against Terrorist Attacks Omni Berkshire Corp. v. Wells Fargo Bank, N.A; demanding insurance coverage for terrorism is reasonable post-9/11.
Non-Conforming Goods, Cure Executory Contract Dynamic Machine Works, Inc. v. Machine & Electrical Consultants, Inc.; buyer may retract extension of time to cure defect unless the retraction unjust due to seller's material change of position in reliance on the waiver.
Change In Law Excuses Contract Performance Centex Corporation v. Dalton; foreseeability; impossibility; impracticability; quantum meruit; non-occurrence a basic assumption.
Wholesale Value as Measure of Damages Illinois Central R.R. Co. v. Crail; common law remedy for contract damages is wholesale rather than retail value.
Reliance Damages Calculation L. Albert & Son v. Armstrong Rubber Co.
Hadley v. Baxendale Rule Globe Refining Co. v. Landa Cotton Oil Co.; consequential damages for breach of contract are those reasonably supposed to be in the contemplation of the parties at the time the contract is made.
New Business Rule Damages for Lost Profits MindGames, Inc. v. Western Publishing Co.; the "new business" rule and Hadley v. Baxendale don't say that damages for lost profits are never recoverable.
Assumpsit on a Quantum Meruit Stark v. Parker; voluntarily quitting a job ahead of schedule may terminate the obligation of payment.
Contractual Penalties Muldoon v. Lynch; contract damages ought to be compensatory and commensurate with the damages suffered; forfeiture clause; liquidated damages penalty clause.
Liquidated Damages Clause Not A Penalty Samson Sales, Inc. v. Honeywell, Inc.; liquidated damages are not a penalty when: (1) damages uncertain in amount and difficult to prove; (2) contract as a whole not unconscionable, unreasonable, and disproportionate (3) damages consistent.
Prohibitory Injunction Lumley v. Wagner; specific performance denied; power to order affirmative injunction; enjoin.
Promissory Estoppel or Bargained-For Exchange Ricketts v. Scothorn; a promise not supported by consideration may be enforceable if induced promisee to rely on it to detriment; estoppel quid pro quo.
Promissory Estoppel First National Bank of Logansport v. Logan Mfg. Co.; reliance damages; promisor who induces substantial change in position by promisee in reliance on promise is estopped to deny enforceability of the promise.
Carlill v. Carbolic Smoke Ball Co. nundum pactum; unilateral offer; gratuitous offer; firm offer rule; performance of conditions for reward offered in advertisement accepts offer, creating a contract for payment of the reward.
Contracts Must Include all Essential Terms Sun Printing & Publishing Association v. Remington Paper and Power Co., Inc.; The court is not at liberty to revise an agreement while attempting to construe it.
Contracts Enforced According to Their Terms W.W.W. Associates, Inc. v. Giancontieri; if terms of a contract are set out in a clear, complete document, writing enforced according to its terms, without reference to outside evidence regarding what the parties really intended.
Special Meaning of a Contract Term Frigaliment Importing Co. v. B.N.S. International Sales Corp.; the party advocating special meaning for a contractual term has burden of proving that the special meaning was intended by both parties.
Knock Out Rule and UCC Gap Filler Richardson v. Union Carbide Indus. Gases, Inc.; conflicting contract terms fall out and are replaced to the extent necessary by Uniform Commercial Code gap-filler provisions.
Laidlaw v. Organ The fact that a party is under no duty to disclose a fact does not excuse that party from making a false disclosure.
At Will Employment Termination Dore v. Arnold Worldwide, Inc.; at-will employment may be terminated by the employee or employer at any time, with or without cause.
Unconscionable Contract Williams v. Walker-Thomas Furniture Co; an installment contract that denies the buyer a meaningful choice and contains unfair terms is unenforceable; doctrine of unconscionability.
Contractual Duty Of Good Faith Market Street Associates Ltd. Partnership v. Frey; a contracting party cannot be allowed to use its own breach to gain an advantage by impairing the rights that the contract confers on the other party.
Breach of Trivial Condition of Contract Jacob & Youngs v. Kent; a trivial, innocent omission will not always be a failure of a condition that causes forfeiture of the contract.
Perfect Tender Rule Printing Center of Texas, Inc. v. Supermind Pub. Co.; a buyer may reject goods that do not conform to the contract in each and every respect.
Lumley v. Gye Tortious interference with contractual relations; inducement of breach of contract.
Tortious Interference With Prospective Economic Advantage Della Penna v. Toyota Motor Sales, U.S.A., Inc.; established contracts merit greater protection than potential contracts.
Consultant's Privilege J.D. Edwards & Co. v. Podany; an advisor may offer good-faith advice to a client without fear of liability should the client act on that advice to the harm of a third person.
In re Katrina Canal Breaches Litigation Flood exclusions are applied to levee failures in insurance policy agreements.
Retraction of Extension of Time to Cure Defect Dynamic Machine Works, Inc. v. Machine & Electrical Consultants, Inc.; buyer may retract unless material change of position by seller in reliance on the waiver of time to deliver.
Defective Goods Fitl v. Strek. Whether a seller received notification of a defect in goods is a factual question and depends upon unfarily prejudicing: allowing the seller to correct the defect, prepare for negotiation and litigation, and protect against stale claims.
Revocation of Acceptance Waddell v. L.V. R.V. A buyer may revoke acceptance of goods when a nonconformity impairs the value of the goods to the individual buyer, taking into account the needs and circumstances of the individual buyer. Revocation.
Bank Check Processing Standards Valley Bank of Ronan v. Hughes. The U.C.C. establishes a bank's standard of care for the processing of checks but does not preempt common law tort claims regarding communications about the processing of checks. Mutual Mistake.
Check Forgery or Check Alteration Wachovia Bank, N.A. v. Foster Bancshares, Inc. When there is doubt as to whether an instrument has been forged or merely altered, the court will assume that the instrument was altered. Presentment Warranty.
Banks Must Use Due Care Travelers Cas. & Sur. Co. of America v. Wells Fargo Bank N.A. A bank or other institution that receives a check for deposit has a duty to exercise due care to make sure that the depositor is the intended recipient of the funds. Subrogate.
Borrower Representations In re Troupe. Representations made by a debtor in a purchase-money security agreement regarding the intended use of the collateral will be binding on the debtor and will determine whether the collateral is for business or personal purposes.
Security Interest Border State Bank of Greenbush v. Bagley Livestock Exchange, Inc. A security interest may attach if the debtor has rights in the collateral, but there is no requirement that the debtor own the collateral. Conversion.
Security Interests On Title Metzger v. Americredit Financial Services, Inc. A buyer of goods, who gives value for the goods and receives them after the certificate of title is issued, takes the goods free of a security interest perfected in another jurisdiction.
Commercially Unreasonable Sale R & J of Tennessee, Inc. v. Blankenship-Melton Real Estate, Inc. The determination of whether a sale of collateral was commercially reasonable requires a consideration of the totality of the circumstances surrounding the sale.
Secured Party Coxall v. Clover Commercial Corp. A secured party may not recover a deficiency judgment if sale of the collateral was commercially unreasonable, but the debtor may recover damages for the creditor's failure to comply with legal requirements for a sale.
Essential Terms Academy Chicago Publishers v. Cheever; valid contract; parties must agree to all essential terms; it is not the court's job to rewrite an agreement to make it a valid contract.
Legal Issues with IVF A.Z. v. B.Z.; Prior agreements to enter into familial relationships should not be enforced against individuals who subsequently reconsider their decisions. IVF agreement. In Vitro Fertilization.
Forum Selection Carnival Cruise Lines, Inc. v. Shute; a reasonable forum selection clause constitutes consent to be sued in the forum state.
Agreement to Negotiate in Good Faith Copeland v. Baskin Robbins U.S.A.; an agreement to agree is unenforceable but an agreement to negotiated in good faith is enforceable.
Promissory Estoppel Garwood Packaging Co. v. Allen & Co., Inc.; salesmanship; mere puffery does not form basis for promissory estoppel claim.
IVF Consent Agreements Kass v. Kass; IVF consent agreements may be enforced even if circumstances have changed.
Arbitration Clause Nagrampa v. MailCoups, Inc.; contract terms take it or leave it; one-sided arbitration provisions are not enforceable.
In Court Agreement Powell v. City of Newton; parties must abide by in court agreement, even if the agreement is unsigned.
Offer and Acceptance Power Paragon, Inc. v. Precision Technology USA, Inc.; purchase order constitutes offer and shipment of the product constitutes acceptance
Unilateral Mistake SCI Minnesota Funeral Services, Inc. v. Washburn-McReavy Funeral Corp.; unilateral mistake is not enough for a court to order rescission or reformation.
Conversion of Goods Admiralty Island Fisheries, Inc. v. Millard Refrigerated Services, Inc.; limitation of liability in a warehouse receipt will limit liability, unless the damage was from the the warehouse's conversion of the goods to its own use.
Fraudulent Transfer Aptix Corp. v. Quickturn Design Systems, Inc.; A transfer is fraudulent if made with the actual intent to hinder, delay, or defraud a creditor; loan was a fraudulent transfer. Badges of Fraud.
Apparent Authority Azur v. Chase Bank, USA; Unauthorized use of a credit card is use of the card by someone without actual, implied, or apparent authority to make charges, and from which the cardholder receives no benefit.
Price Setting Casserlie v. Shell Oil Co.; claim for bad faith price setting; a price in an open price contract is set in good faith if it is commercially reasonable and nondiscriminatory; disparate pricing between jobbers and dealers is not evidence of discrimination
U.C.C. Central Washington Refrigeration, Inc. v. Barbee; Uniform Commercial Code; indemnity actions are governed by separate statute of limitation; implied right of indemnity; separate equitable cause of action; UCC.
Altering the U.C.C. Cincinnati Ins. Co. v. Wachovia Bank, Natl. Assn.; A bank is strictly liable for paying an unauthorized check unless the bank and the customer agree otherwise; subrogation; forged check.
Wire Transfer Experi-Metal, Inc. v. Comerica Bank; authenticity of payment orders must be verified pursuant to a comercially reasonable security procedure; unauthorized wire transfer order.
Lost Check Fifth Third Bank v. Jones; A check is taken for an obligation when it is given as payment, without regard to the payee's internal procedures; missing check; deed of trust.
Lease or Sale Gibraltar Financial Corp. v. Prestige Equipment Corp.; court must consider economic reality of transaction to detemine whether it was a lease or a sale subject to a security agreement.
Security Interest Helms v. Certified Packaging Corp.; security interest includes the proceeds from a recovery for decreased value of collateral, and not for loss of use of the collateral; destroyed property; damaged property.
Stated Income Loan In re Dixon Ford; stated income mortgage; holder in due course; mortgage application fraud; loan application altered income stated.
Financing Statement Search In re John\'s Bean Farm of Homestead, Inc.; bankruptcy; wrong name; computer search string; incorrect identification of a debtor on a financing statement is seriously misleading.
Mere Puffery In re Toshiba America HD DVD Marketing and Sales Practices Litigation; express warranty is not created by mere puffery; a statement about future performance may create express warranty if it is an affirmation or representation. performance.
Buyer In Ordinary Course In re Western Iowa Limestone, Inc.; buyer in the ordinary course of business may take constructive possession of goods; BOC; free of security interest.
Perfected Status In re Wild West World, L.L.C., Debtor; bankrupcty; notice to creditors; claimed security interest requires timely filing in order to obtain perfected status.
Cross-Collateral In re Zaochney; A dragnet clause or cross-collateralization clause that provides that collateral in one transaction will be security for other obligations is enforceable.
Fraudulent Conveyance James H. Rice Co. v. McJohn; A fraudulent transfer of propoerty to avoid debt will be set aside; fraudulent conveyance of asset is null and void; levy.
Economic Loss Doctrine Lincoln Co. v. Detroit Diesel Corp. General Insurance; breach of warranty; no exception to the economic loss doctrine for damages to a defective product when an inherent defect makes the product unreasonably dangerous.
Duty to Investigate Lindholm v. Brant; Andy Warhol; Red Elvis; usual or customary practices; reasonable commercial standards of fair dealing; authority to convey title; good faith; fraud and embezzlement.
Breach of Warranty Mydlach v. DaimlerChrysler Corp.; Magnuson-Moss Warranty Act; breach of warranty claim; statute of limitations; repair claims do not accrue upon delivery of the product.
U.C.C. Filler Northrop Corp. v. Litronic Industries; mirror image rule; common law mirror image rule does not apply to U.C.C. contracts; U.C.C. filler used when materially different terms in offer and acceptance.
Statutes of Repose Peters v. Riggs Natl. Bank, N.A.; Equitable tolling does not apply to statutes of repose; statute of limitation; the time limit can be shortened by contract or mutual agreement.
Premises Liability Flippo v. Mode O'Day Frock Shops of Hollywood; implied warranty of merchantability; defect that attaches itself to product is not product defect or breach of warranty.
Third Party Beneficiary Contract Basic Capital Management, Inc. v. Dynex Commercial, Inc.; benefit to third party must be written in the contract; court will not create a third party beneficiary contract by implication; no implied contract for third party.
Prevention Doctrine Berry v. Time Insurance Co.; implied covenant of good faith and fair dealing; duty of good faith; duty to prevent injury.
Oral Promise Blinn v. Beatrice Community Hosp. and Health Center, Inc.; promissory estoppel; at-will employee; wrongful termination of employment.
Expectation Damages Dynalectric Co., Inc. v. Clark & Sullivan Constructors, Inc.; promissory estoppel; general contractor; subcontractor; reliance damages; restitution damages.
Calculation of Damages Edge Group WAICCS LLC v. Sapir Group LLC; specific performance; accurate calculation of damages; damages determination.
Incorporation by Reference Grandis Family Partnership, Ltd. v. Hess Corp.; arbitration agreement incorporated by reference; independent document.
Binding Agreement Grosvenor v. Qwest Corp.; multiple notices to internet user of specific contractual terms of use may cause binding agreement.
Four Corners Rule Hemenway v. Peabody Coal Co.; The meaning of a contract must be found within its four corners; four corners rule.
Doctrine of Avoidable Consequences In re WorldCom, Inc.; the duty to mitigate damages bars recovery for losses suffered by a non-breaching party that could have been avoided by reasonable effort and without the risk of substantial loss or injury.
Undue Influence Kelly v. Provident Life & Accident Insurance Co.; Undue influence is persuasion that tends to be coercive in nature and that overcomes the will without convincing the judgment.
Statute of Frauds Exception Kolkman v. Roth; an exception to the statute of frauds applies in cases of promissory estoppel.
Construction Defect Damages Landis v. William Fannin Builders, Inc.; damages in an action for breach of a construction contract is the cost to repair the deficient work; economic waste doctrine.
Oral Promise Unenforceable Marmer v. Kaufman; Oral promises are unenforceable for lack of consideration where the promisor receives no benefit by enforcement of the promise and the promisee suffers no legal detriment.
Repudiation Mobil Oil Exploration & Producing Southeast, Inc. v. U.S.; if a party repudiates a contract, the other party is entitled to restitution for any benefit he has conferred on the repudiating party by way of part performance or reliance.
Condition Precedent Moore Bros. Co. v. Brown & Root, Inc.; prevention doctrine is if a promisor prevents or hinders fulfillment of a condition to his performance, the condition may be waived or excused.
Agreement to Arbitrate Rent-A-Center v. Jackson; The Federal Arbitration Act puts arbitration agreements on equal footing with other contracts, and requires courts to enforce them according to their terms; unconscionability challenges.
Online Agreements Specht v. Netscape Communications Corp.; clicking on a DOWNLOAD button does not communicate assent to contractual terms if the offer did not make clear; inquiry notice; constructive notice.
Doctrine of Promissory Estoppel Stewart v. Cendant Mobility Services Corp.; a promise that the promisor should reasonably expect to induce action or forbearance and does is binding if injustice can be avoided only by enforcement of the promise.
Material Breach of Contract Strouth v. Pools by Murphy and Sons, Inc.; A material breach of a contract by one party justifies the other party's termination of the agreement. Substantial performance doctrine.
Mutual Mistake Tracy v. Morell; even when there is no fraud, there may be mutual mistake; where both parties share a common false assumption about a vital fact upon which their bargain is based, the transaction may be avoided.
Right to Walk Away United Rentals, Inc. v. RAM Holdings, Inc.; When the examination of extrinsic evidence does not lead to an obvious, objectively reasonable conclusion, the court may apply the forthright negotiator principle.
Extrinsic Evidence on Indefinite Term Vohs v. Donovan; A contract is not enforceable if an essential term is indefinite or a promise to perform is illusory, but may enforce if extrinsic evidence makes more definite and the promise to perform less illusory.
Disgorgement Watson v. Cal-Three, LLC; When the breaching party's wrongdoing is intentional or substantial, recovery of the breaching party's profits may be granted. Expectancy damages; lost profit damages.
Doctrine of Impossibility YPI 180 N. LaSalle Owner, LLC v. 180 N. LaSalle II, LLC; the doctrine of impossibility of performance excuses performance if objectively impossible due to destruction of the subject matter of the contract or by operation of law.
Contract Amendment Beneficial National Bank, U.S.A. v. Obie Payton; when the parties' original agreement specifically permits amendments, new terms may be added rather than just changes existing terms.
Contract Acceptance Online Cairo, Inc. v. Crossmedia Services, Inc.; when a benefit is offered subject to stated conditions, and the offeree takes the benefit with knowledge of the terms of the offer, the taking constitutes acceptance of the terms.
Liquidated Damages in Consumer Contracts Cellphone Termination Fee Cases; Liquidated damages provisions in consumer contracts are presumed void, and the burden is on the proponent of such clauses to rebut that presumption.
Preliminary Injunction Contract Term Ed Bertholet & Associates, Inc. v. Ed Stefanko; Contract provisions requiring the issuance of an injunction are not binding on the trial court; granting or denying a preliminary injunction rests within the trial court's equitable discretion,
Letters of Intent Empro Manufacturing Co., Inc. v. Ball-Co Manufacturing, Inc.; an agreement that is made subject to a later agreement is not sufficiently definite to be a binding contract.
Stale Debt First Hawaiian Bank v. Jack Zukerhorn; A new promise by the debtor to pay his debt, whether or not then barred by the applicable statute of limitations, binds the debtor for a new limitations period.
Detrimental Reliance Frank Dixon v. Wells Fargo Bank, N.A.; promissory estoppel will be applied when the promisor makes a promise that the promisee reasonably and foreseeably relies on to his or her detriment.
Federal Arbitration Act Hall Street Associates, L.L.C. v. Mattel, Inc.; The FAA provides the exclusive grounds for expedited vacatur and modification of arbitration awards. These grounds are extreme such ascorruption, fraud, partiality, misconduct, etc.
As Is Clause Lenawee County Board of Health v. William and Martha Messerly; as-is clause may defeat grant of rescission for mutual mistake relating to a basic assumption that materially affects the parties' agreed performance.
Gift is Not Consideration Pennsy Supply, Inc. v. American Ash Recycling Corp.; The bargain theory of consideration does not actually require that the parties bargain over the terms of the agreement; rather, a promise and a reciprocal conventional inducement.
Double Indemnification Peter Kossian v. American National Insurance Co.; Under the equitable doctrine of unjust enrichment, one party should not be indemnified twice for the same loss.
Damages for Tortious Interference with Contract Rite Aid Corp. v. Lake Shore Investors; damages for tortious contractual interference may include pecuniary loss of the benefits of the contract; consequential losses; emotional distress and actual harm to reputation, and punitive damages.
Contractual Basis for Arbitration Stolt-Nielsen S.A. v. AnimalFeeds International Corp.; A party may not be compelled under the FAA to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so. Federal Arbitration Act.
Material Alteration of Contract Bayway Refining Co. v. Oxygenated Marketing & Trading A.G.; the burden of proving that additional terms would be a material alteration of the contractual obligation is on the party who objects; surprised party.
Part Performance Beaver v. Brumlow; if oral contract not enforceable under the Statute of Frauds has been performed to such an extent it would be inequitable to deny enforcement, may bar the Statute of Frauds defense; part performance; specific performance.
Adequate Assurances By-Lo Oil Co. v. ParTech, Inc.; The mere fact that performance is to become due is not reasonable grounds for insecurity. Between merchants, the reasonableness of the grounds will be determined by commercial standards.
Supplementary Terms C. Itoh & Co. (America) Inc. v. Jordan Int'l Co.; The terms of a contract are the writings of the parties, along with supplementary terms incorporated by operation of law; gap-filler provisions of Article Two of the U.C.C.; additional terms.
Multiple Writings Crabtree v. Elizabeth Arden Sales Corp.; Statute of Frauds does not require single writing; multiple writings ok if linked by a reference within them to the same subject matter or transaction. Signed and unsigned writings may be read together.
Implied Covenant of Good Faith and Fair Dealing De La Concha of Hartford, Inc. v. Aetna Life Insurance Company; breach of the implied covenant of good faith and fair dealing implies actual or constructive fraud, design to mislead or deceive, or neglect or refusal to fulfill contractual obligation.
Extrinsic Evidence Allowed Delta Dynamics, Inc. v. Arioto; Extrinsic evidence (parol evidence) will be admitted to explain an ambiguous term. Competing contract interpretations.
Third Party Beneficiary Not Explicit Detroit Institute of Arts Founders Society v. Rose; A contract may create an obligation to a third-party without containing express language creating that obligation. Incidental benefit to third party not enough.
Infancy Doctrine Douglass v. Pflueger Hawaii, Inc.; the general rule that contracts entered into by minors are voidable does not apply in the employment context.
Induce Detrimental Reliance Drennan v. Star Paving Co.; A promise the promisor should reasonably expect to induce action or forbearance of a definite and substantial character and that does is binding if neccessary to avoid injustice.
Forebearance as Consideration Dyer v. National By-Products, Inc.; Forbearance to assert a claim or defense that proves to be invalid is consideration if the forbearing party believes that the claim or defense may fairly be determined to be valid.
Moral Obligation is not Consideration Harrington v. Taylor; A humanitarian act performed voluntarily is not sufficient consideration for a promise.
Puffery is not Fraud Speakers of Sports v. ProServ; A promise that is intended as aspirational, and that a reasonable person in the position of the promisee would understand as an expression of hope, is not an enforceable commitment.
Lack of Knowledge Specht v. Netscape Communications Corp.; offeree is not bound by inconspicuous contractual provisions if contractual nature of document is not obvious, even if apparent manifestation of consent. Constructive notice; inquiry notice; arbiration.
Requirement Contracts Consideration Structural Polymer Group, Ltd. v. Zoltek Corp.; the implied obligation of good faith in requirements contracts is enough to avoid finding a contract null and void due to an illusory promise.
Unilateral Mistake Avoidance Sumerel v. Goodyear Tire & Rubber Co.; If an offer contains a material mistake that was known by the other party, or the other had reason to know of it, the party who made the mistake has the power to avoid the contract.
Mailbox Rule United States Life Insurance Company v. Wilson; the common-law rule providing that acceptance of an offer is effective when it is sent will apply to electronic transactions that resemble traditional paper transactions.
Detrimental Reliance Promissory Estoppel Wright v. Newman; If the promises in connection with an invalid and unenforceable contract wrongfully cause a party to forgo a valuable legal right to his detriment, and promisor waives the right to repudiate the contract, the contract is enforceable.
Nonconforming Tender Bartus v. Riccardi; seller may substitute a conforming tender if he had reasonable grounds to believe that the nonconforming tender would be accepted and he seasonably notifies the buyer of his intention to substitute conforming tender.
Guardianship Kenai Chrysler Center, Inc. v. Denison; Guardianship proceedings are treated as providing public notice of the ward's incapacity, even though the other party to a particular transaction may have no knowledge or reason to know of the guardianship.
Penalty Clause Damages Lake River Corp. v. Carborundum Co.; liquidated damages clauses are enforceable but penalty damages clauses are not enforceable.
Repudiate a Contract Rocheux Int'l of N.J. v. U.S. Merchants Fin. Group; whether one party repudiated a contract or provided adequate assurance of future performance are questions of fact that must be decided by the trier of fact based on commercial standards.
Third Party Beneficiary Standing Sisney v. State; a contract made expressly for the benefit of a third person may be enforced by that person, but only when the intent to make the contract inure to the benefit of the third party is clearly manifest.
Four Corners Exception Beanstalk Group, Inc. v. AM General Corp.; A contract will not be interpreted literally if doing so would produce absurd results. The parties are presumed to be rational persons pursuing rational ends.
Shrinkwrap Agreement DeFontes v. Dell, Inc.; Arbitration is a matter of contract and a party cannot be required to submit to arbitration unless agreed. Under the UCC, contracts for the sale of goods may be formed in any manner sufficient to show agreement.
Reward Offer Acceptance Glover v. Jewish War Veterans of United States; No contract is formed when one acts consistently with the terms of an offer of a reward, but without knowing of the offer, because there is no intention to accept the offer.
Reward for Police Officers Gray v. Martino; Public policy and sound morals alike forbid that public officers should demand or receive, for services performed in the discharge of their official duties.
Clickwrap Agreement Hancock v. American Telephone & Telegraph, Inc.; When customers are given notice of the terms and conditions of a contract via a clickwrap agreement and must affirmatively manifest assent by clicking I Agree, the clickwrap agreements is valid.
Windfall Damages H-W-H Cattle Co., Inc. v. Schroeder; Under the Uniform Commercial Code, a buyer has two options when the seller fails to deliver: (1) the buyer may "cover" by making a good faith substitute purchase; or (2) recover damages for non-delivery.
Prevention Doctrine Rule Johnson v. Coss; the prevention doctrine operates as an exception to the general rule than one has no duty to perform under a contract containing a condition precedent until the condition occurs.
Moral Obligation as Consideration Mills v. Wyman; A promise based only on a moral obligation is made without consideration and not enforceable.
Inconspicuous Warranty Disclaimers Moscatiello v. Pittsburgh Contractors Equipment Co.; The implied warranty of merchantability can be excluded from a contract only if the word "merchantability" is used and the language of the disclaimer is conspicuous.
Illusory Promise Office Pavilion S. Florida, Inc. v. ASAL Prods., Inc.; Words of "promise" that by their terms make the putative promisor's performance optional do not constitute a promise at all and are not consideration for the return promise.
Promise to Impregnate Perry v. Atkinson; there is no cause of action for the fraudulent breach of a promise to impregnate. Certain sexual conduct and interpersonal decisions are, on public policy grounds, outside the realm of tort liability.
Extrinsic Evidence to Show Context Sanders v. FedEx Ground Package System, Inc.; The implied covenant of good faith and fair dealing protects the reasonable expectations of the parties to a contract arising from its terms, and may be shown by extrinsic evidence.
Good Faith Obligation Seggebrush v. Stosor; the implied covenant of good faith and fair dealing includes a prohibition on cheating on the contract terms.
Pre-Contractual Misrepresentations Snyder v. Lovercheck; a perpetrator of fraud cannot close the lips of his innocent victim by getting him blindly to agree in advance not to complain against it as a matter of public policy.
Implied in Law Contract Vertex, Inc. v. City of Waterbury; unjust enrichment requires (1) that the defendants were benefited, (2) that the defendants unjustly did not pay the plaintiffs for the benefits, and (3) that the failure of payment was to the plaintiffs' detriment.
Moral Obligation is Consideration Webb v. McGowin; a moral obligation is sufficient consideration for a subsequent promise if the promisor has received a material benefit, even if the promisor had no original duty or liability.
Moral Obligation from Material Benefit Webb v. McGowin; the law recognizes a distinction between a promisor's moral obligation that results from a feeling of ethical obligation and one that results from conferring a material benefit to the promisor.
Conduct as Contract Waiver Wisconsin Knife Works v. National Metal Crafters; under the Uniform Commercial Code, an attempt at contract modification that does not satisfy a contractual requirement that modifications be in writing can operate as a waiver.
Commissioner v. Banks Damages, including contingent fee amounts, are taxable income to litigants; a taxpayer may not anticipatorily assign the income to avoid tax liability for the income. Agent assignment contingent fee ordinary income principal.
King v. Commissioner Noncustodial parents; dependency exemption deduction; lived apart from his child; last six months, receives more than half of his support from his parents during the year; custodial parent signs a written declaration.
Churchill Downs, Inc. v. Commissioner Costs of invitation-only events used to publicize the kentucky derby are entertainment expenses; deductions for activities generally considered entertainment are limited to fifty percent, unless objectively integral to taxpayer business or occupation.
Substitute For Ordinary Income Doctrine Womack v. Commissioner; Under the substitute-for-ordinary-income doctrine, when a party receives a lump-sum payment for what otherwise would have been received, at a future time, as ordinary income, that lump sum payment isordinary income.
Money Subject to Repayment Contingency Is Not Gross Income Westpac Pacific Food v. Commissioner; Cash advances in exchange for volume purchase commitments, subject to pro rata repayment if the volume commitments are not met, are not gross income when received; accrual basis.
Property Settlement In Divorce Is Not A Taxable Event Young v. Commissioner; A transfer of property is "incident to a divorce," and is thus a nontaxable event, if it is related to the cessation of the marriage; basis; nonrecognition rule.
Taxes On Lottery Winnings Watkins v. Commissioner; under the substitute-for-ordinary-income doctrine, lump sum payments received in exchange for future time ordinary income is ordinary income because not for increased value of income-producing property.
Taxability of Student Income Mayo Foundation for Medical Education and Research v. United States. Chevron analysis, not National Muffler analysis, applies in student income tax cases and social security tax issue. Chevron Deference.
Hobby Loss Rule Engdahl v. Commissioner. When a taxpayer engages in an activity with the bona fide purpose of turning a profit, losses incurred from that activity are fully deductible. Horse breeding. Deductibility of business losses.
Sale Or Exchange Bloomington Coca-Cola Bottling Co. v. Commissioner; The presence of a small amount of cash, to adjust certain differences in value of the properties exchanged, does not necessarily prevent the transaction from being considered an exchange.
Acquisition Indebtedness Sophy v. Commissioner; The limitations on the amounts that may be treated as acquisition and home equity indebtedness with respect to a qualified residence are properly applied on a per-residence rather than per-person basis.
Goodridge v. Department of Public Health Same-sex partners are entitled to the benefits, liabilities, and obligations of civil marriage; gay rights; due process; equal protection; Massachusetts constitution.
Licari v. Blackwelder Real estate brokers must disclose prospective purchasers and not engage in self-dealing as fiduciaries, act in good faith, and disclose all information that is or may be material to their clients' rights and interests.
Jones v. Lee Loss of the bargain rule; when buyers refuse to perform, seller damages are purchase price minus market value of the property at time of breach. Compensatory damages, earnest money, punitive damages, rescission, specific performance.
Kutzin v. Pirnie Party in breach is entitled to restitution of any contractual deposit for benefit conferred by part performance or reliance in excess of loss caused by breach. Forfeiture clause, liquidated damages, penalty clause, restitution, specific performance.
Domain Names are Intangible Property Kremen v. Cohen & Network Solutions, Inc.; a domain name registrar may be liable for conversion of a registered name; bailee; bailment; third-party beneficiary; trespass to chattels.
No Injuction for Emails Sent By Employer Intranet Intel Corp. v. Hamidi; trespass to chattels does not encompass an electronic communication that neither damages the recipient computer nor impairs its functionality.
Constructive Trust Popov v. Hayashi; Barry Bonds history-making home run baseball sold to satisfy competing fans' claims; legally cognizable pre-possessory interest in abandoned property constitutes a qualified right to possession; cause of action for conversion.
Adverse Possession Marengo Cave Co. v. Ross; subterranean use of property not open and notorious; the statute of limitations; actual, visible, notorious, exclusive, continuous, under a claim of ownership hostile to owner of legal title and world at large; quiet title action
Riparian Rights Orr v. Mortvedt; neighboring property owners can section off a man-made lake for their own use.
Eminent Domain Kelo v. City of New London; takings of private property for use by other private citizens pursuant to a carefully considered economic development plan intended for a public purpose are valid under the Fifth Amendment if pay just compensation.
Shareholder Tenant Challenge to Residential Cooperative Corporation 40 West 67th Street Corp. v. Pullman; Levandusky established standard of review analogous to corporate business judgment rule for shareholder-tenant challenge to decision of residential cooperative corporation; declaratory judgment; ejectment.
Common Law Right of Privacy White v. Samsung Electronics America, Inc.;The common law right of privacy prohibits the appropriation of one's identity, regardless of the means employed.;copyright; fair use; parody; right of privacy; right of publicity.
Waste by Life Tennant Woodrick v. Wood; If a life tenant destroys a structure on the property, but such destruction does not decrease the value of the property, the remainder interest is not harmed and no actionable waste occurs; waste.
Control from the Grave Estate of Feinberg; control from the grave trust; deceased controlling using trust document. A testamentary disposition that does not discourage marriage or encourage divorce is not void as against public policy.
Attorney Fees Estate of Stevenson; estate administrator; contingency fee agreement; greedy lawyers.
Beneficiary Designation Change beneficiary designations; Lincoln Life and Annuity Company of New York v. Caswell; life insurance benficiary designation controls over will.
How to Change a Will Revoking will; Ward-Allen v. Gaskins; destroy will; original will; new will; old will.
Draft a Will Nunnenman v. Estate of Grubbs; change a will; change benficiary; designate beneficiary.
Change Beneficiary Designation QDRO; Beneficiary designations; Kennedy v. Plan Administrator for DuPont Savings and Investment Plan; divorced spouse retirement benefits; ERISA.
Fiduciary Liability Trustee liability; administrator liability; executor liability; beneficiary lawsuit.
Community Property Estate of Borghi; Separate property or community property.
Professional Trustee McGinley v. Bank of America, N.A.; trustee fiduciary duties may be modified by the trustor.
Designation of Beneficiary Araiza v. Younkin; changing beneficiary; living trust; totten trust.
Contest a Will Estate of Ellis; charitable giving; give to charity instead of family.
Revoke Will Gushwa v. Hunt; revoke will; some states require a revocatory act to be done on an original of the will.
Probate Oliva-Foster v. Oliva; second marriages may create problems for children of the first marriage; conditions under which a destroyed or revoked will may be revived.
Frivilous Lawsuits Rudnick v. Rudnick; litigious beneficiaries; attorney fees.
Draft Will Morse v. Sharkey; plain language; a court will give effect to the intent of the drafter of a will as indicated in the plain language of the will itself.
Spendthrift Trust Estate of Gist; Medicaid payments owed to state after death of beneficiary of spendthrift trust
Intestate In re Estate of Burden; children born in and out of wedlock may share equally in the estate if the parent held out the child as his own.
Demand for Accounting Johnson v. Johnson; trust agreement cannot eliminate trustee's fiduciary duties.
Removal of Trustee Kappus v. Kappus; court discrection to remove executor or trustee.
Creditor of a Spendthrift Trust Broadway National Bank v. Adams; A creditor of a trust beneficiary is not entitled to payment of the trust income by assignment by the beneficiary, or otherwise directly from the trustee, if the terms of the trust prohibit such action; spendthrift trust.
Gay Marriage Ban Varnum v. Brien; gay rights; a statute restricting civil marriage to a man and a woman violates the equal protection clause of the Iowa constitution.
Lender Unfair Trade Practice Commonwealth v. Fremont Investment & Loan; lender commits an unfair trade practice when it makes adjustable rate home mortgage loans and reasonably knows borrower will default if not refinanced after introductory interest rate period expires.
Public Right to Beach Access Raleigh Avenue Beach Association v. Atlantis Beach Club; public's right to enjoy shore below mean high water mark may require free access to shore across private property and public access to upland dry sand areas of said property.
Federal Religious Land Use and Institutionalized Persons Act of 2000 Guru Nanak Sikh Society of Yuba City v. County of Sutter; Local land use regulations require individualized assessments of proposed uses of property that impose substantial burdens on religious exercise.
Environmental Impact of Zoning Amendments Fisher v. Giuliani; Review of agency determination of zoning amendment and environmental impact is limited to deciding if agency took hard look identified relevant areas environmental concern and made reasoned statement of basis.
Patent Act Diamond v. Chakrabarty; The language employed in the Patent Act is given broad application, such that a micro-organism that is the product of human ingenuity, as opposed to nature, is patentable. Property Law.
Public Policy Eyerman v. Mercantile Trust Co.; Although public policy evades precise definition, senseless destruction of property serving no good purpose is held in disfavor. Property Law.
Copyrightable Feist Publications, Inc. v. Rural Telephone Service Co.; Facts are not generally copyrightable, although compilations of facts may be. For copyright protection, the work must be original to the author. Even a slight amount of creativity will suffice.
Fair Use Doctrine Harper & Row Publishers, Inc. v. Nation Enterprises; The prepublication use of verbatim excerpts from an as-yet unpublished work does not constitute fair use. Copyright Act. Property Law.
Abandonment of Personal Property Hawkins v. Mahoney; The presumption or inference of intent to abandon one's property, based solely on the acts of the owner, is a rebuttable presumption. Property Law.
Takings Analysis Koontz v. St. Johns River Water Management District; Fifth Amendment right to just compensation for property the government takes when owners apply for land-use permits; land use permit applicants are especially vulnerable. Property Law.
Public Trust Doctrine Matthews v. Bay Head Improvement Association; The public's ability to exercise its rights under the public trust doctrine includes the right to pass across the upland beach. Property Law.
Foreclosure Requirements U.S. Bank Natl. Assn. v. Ibanez; One who sells under a power of sale must strictly adhere to its terms; holder of the mortgage; mortgagor; mortgagee; holder of the note. Property Law.
Constructive Eviction Village Commons, LLC v. Marion County Prosecutor's Office; tenant is relieved of obligation to pay rent if landlord deprives tenant of possession and beneficial use and enjoyment of any part of demised premises by eviction. Property Law.
Federal Common Law American Electric Power Co. v. Connecticut; The Clean Air Act and the Environmental Protection Agency action authorized by the Act displace private rights of action against greenhouse-gas emitters. EPA.
Endangerment Finding Coalition for Responsible Regulation v. EPA; EPA endangerment finding for greenhouse gas emissions from vehicles supported by substantial record evidence, EPA obligated to issue greenhouse gas emissions standards. Endangerment evaluation.
The Transport Rule EME Homer City Generation, L.P. v. EPA; The Transport Rule is inconsistent with federal law; "good neighbor policy" imposes upon states an excess obligation to reduce downwind emissions; Federal Implementation Plans (FIPs).
Endangered Species Act Friends of Blackwater v. Salazar; Endangered List recovery plan need not be strictly satisfied before a species may be delisted pursuant to the factors of the Endangered Species Act (ESA).
Clean Water Act Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc.; transfer of polluted water between two parts of the same body of water is not discharge of pollutants under the CWA. Clean Water Act.
Agency Action Sackett v. EPA; The Administrative Procedure Act provides for judicial review of final agency action for which there is no other adequate remedy in a court. APA,
Takings Clause Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection; The Takings Clause protects property rights as they are established under state law, which is none here due to doctrine of avulsion. Takings analysis.
Tanner v. United States Juror testimony may not be used to impeach verdict unless testimony relates to outside influence that affected jury; impeachment of verdict; voir dire.
United States v. James Evidence that directly corroborates witness credibility is admissible, even if evidence relates to facts not known to witness; harmless error; indian country; material evidence; relevant evidence.
Cox v. State Evidence that is relevant only if another fact is proven will be admitted if court concludes that reasonable jury could make the required finding of fact with the evidence before it.
State v. Bocharski Relevant evidence should not be admitted if the only effect of evidence would be to inflame jury; felony murder rule.
United States v. James Evidence that is unfairly prejudicial to either party should be excluded; aiding and abetting; manslaughter.
United States v. Myers Evidence of flight is admissible to show consciousness of guilt only if sufficient to support inferences from defendant behavior to the defendant flight, to consciousness of guilt of crime charged, to actual guilt. circumstantial evidence.
People v. Collins Statistical evidence will not be admitted unless it has a foundation in evidence and statistical theory, and it must not distract the jury from its duty to weigh the evidence on the issue of guilt. Foundational evidence.
United States v. Jackson Exclusion of evidence may be conditioned on stipulation that acknowledges the truth of part of excluded evidence; probative value