SUPREME COURT UPDATE 2013-2014 TERM

by

Robert B. Fitzpatrick, Esq.Robert B. Fitzpatrick, PLLCUniversal Building South

1825 Connecticut Avenue, N.W. Suite 640

Washington, D.C. 20009-5728(202) 588-5300

(202) 588-5023 (fax)fitzpatrick.law@verizon.net (e-mail)

http://www.robertbfitzpatrick.com (website)

DISCLAIMER OF ALL LIABILITY AND RESPONSIBILITY

THE INFORMATION CONTAINED HEREIN IS BASED UPON SOURCES BELIEVED TO BE ACCURATE AND RELIABLE – INCLUDING SECONDARY SOURCES.  DILIGENT EFFORT WAS MADE TO ENSURE THE ACCURACY OF THESE MATERIALS, BUT THE AUTHOR ASSUMES NO RESPONSIBILITY FOR ANY READER’S RELIANCE ON THEM AND ENCOURAGES READERS TO VERIFY ALL ITEMS BY REVIEWING PRIMARY SOURCES WHERE APPROPRIATE AND BY USING TRADITIONAL LEGAL RESEARCH TECHNIQUES TO ENSURE THAT THE INFORMATION HAS NOT BEEN AFFECTED OR CHANGED BY RECENT DEVELOPMENTS.

 THIS PAPER IS PRESENTED AS AN INFORMATIONAL SOURCE ONLY. IT IS INTENDED TO ASSIST READERS AS A LEARNING AID; IT DOES NOT CONSTITUTE LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. IT IS NOT WRITTEN (NOR IS IT INTENDED TO BE USED) FOR PURPOSES OF ASSISTING CLIENTS, NOR TO PROMOTE, MARKET, OR RECOMMEND ANY TRANSACTION OR MATTER ADDRESSED; AND, GIVEN THE PURPOSE OF THE PAPER, IT MAY OMIT DISCUSSION OF EXCEPTIONS, QUALIFICATIONS, OR OTHER RELEVANT INFORMATION THAT MAY AFFECT ITS UTILITY IN ANY LEGAL SITUATION. THIS PAPER DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE AUTHOR AND ANY READER. DUE TO THE RAPIDLY CHANGING NATURE OF THE LAW, INFORMATION CONTAINED IN THIS PAPER MAY BECOME OUTDATED.  IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM AND/OR RELATED TO THE USE OF THIS MATERIAL.

KEY DECISIONS(AND COMING DECISIONS)

Heimeshoff v. Hartford Life & Accident Ins. Co.,134 S. Ct. 604 (Dec. 16, 2013)

(Statute of Limitations)

• On appeal from Heimeshoff v. Hartford Life & Accident Ins. Co., 496 Fed. Appx. 129 (2d Cir. 2012)

Atl. Marine Constr. Co. v. U.S. Dist. Ct.,134 S. Ct. 568 (Dec. 3, 2013)

(Forum Selection Clause)

• On appeal from In re Atl. Marine Constr. Co., Inc., 701 F.3d 736 (5th Cir. 2012)

Petrella v. Metro-Goldwyn-Mayer, Inc.,No. 12-1315, 2014 U.S. LEXIS 3311 (Jan. 21,

2014)(Laches)

• On appeal from Petrella v. Metro-Goldwyn-Mayer, Inc., 695 F.3d 946 (9th Cir. 2012)

Burrage v. United States134 S. Ct. 881 (Nov. 12, 2013)

(Causation)

• On appeal from United States v. Burrage, 687 F.3d 1015 (8th Cir. 2012)

Tolan v. Cotton,188 L. Ed. 2d 895 (May 5, 2014)

(Summary Judgment)

• On appeal from Tolan v. Cotton, 713 F.3d 299 (5th Cir. 2013)

Susan B. Anthony List v. Driehaus,No. 13-193, 2014 U.S. LEXIS 5169 (June 16, 2014)

(First Amendment)

• On appeal from Susan B. Anthony List v. Driehaus, 525 Fed. Appx. 415 (6th Cir. 2013)

Lexmark Int’l, Inc. v. Static Control Components, Inc., 134 S. Ct. 1377 (Mar. 25, 2014)

(Lanham Act)

• On appeal from Static Control Components, Inc. v. Lexmark Int’l, Inc., 697 F.3d 387 (6th Cir. 2012).

Spokeo, Inc. v. Robins, No. 13-1339 (cert. pending)(Standing)

• On appeal from Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014)

Riley v. California,Nos. 13-132, 212, 2014 U.S. LEXIS 4497 (June 25,

2014)(4th Amendment – Cell Phones)

• On appeal from People v. Riley, No. S209350, 2013 Cal. LEXIS 3714 (Cal. May 1, 2013); and United States v. Wurie, 728 F.3d 1 (1st Cir. 2013).

Bond v. United States,No. 12-158, 2014 U.S. LEXIS 3988 (Nov. 5, 2013)

(Treaty Power)

• On appeal from United States v. Bond, 681 F.3d 149 (3d Cir. 2012)

Lane v. Franks,No. 13-483, 2014 U.S. LEXIS 4302 (June 19, 2014)

(First Amendment Retaliation)

• On appeal from Lane v. Cent. Ala. Cmty. Coll., 523 Fed. Appx. 709 (11th Cir. 2013)

Lawson v. FMR LLC,134 S. Ct. 1158 (Mar. 4, 2014)

(Sarbanes-Oxley Retaliation)

• On appeal from Lawson v. FMR LLC, 670 F.3d 61 (1st Cir. 2012)

NLRB v. Noel Canning,No. 12-1281, 2014 U.S. LEXIS 4500 (June 26,

2014)(Recess Appointments)

• On appeal from Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013)– Noel Canning, No. 19-CA-32872,

2012 NLRB LEXIS 61, 358 NLRB No. 4 (NLRB Feb. 8, 2012)

Schuette v. Coalition to Defend Affirmative Action,188 L. Ed. 2d 613 (Apr. 22, 2014)

(Affirmative Action)

• On appeal from Coalition to Defend Affirmative Action v. Regents of the Univ. of Mich., 701 F.3d 466 (6th Cir. 2012)

Burwell v. Hobby Lobby Stores, Inc.,Nos. 13-354, 356, 2014 U.S. LEXIS 4505 (June

30, 2014)(First Amendment - Religion)

• On appeal from Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013)

• Consolidated with Conestoga Wood Specialties Corp. v. Sec’y HHS, 724 F.3d 377 (3d Cir. 2013)

Harris v. Quinn,No. 11-681, 2014 U.S. LEXIS 4504 (June 30, 2014)

(First Amendment – Compelled Representation)

• On appeal from Harris v. Quinn, 656 F.3d 692 (7th Cir. 2011)

Northwest, Inc. v. Ginsberg,134 S. Ct. 1422 (Apr. 2, 2014)

(Implied Covenant of Good Faith & Fair Dealing)

• On appeal from Ginsberg v. Northwest, Inc., 695 F.3d 873 (9th Cir. 2012)

Martin v. Blessing,134 S. Ct. 402 (Nov. 18, 2013) (cert. denied)

(Class Certification, Standing)

• On appeal from Blessing v. Sirius XM Radio Inc., 507 Fed. Appx. 1 (2d Cir. 2012)

• Alito, J., Concurring:– “It seems quite farfetched to

argue that class counsel cannot fairly and adequately represent a class unless the race and gender of counsel mirror the demographics of the class. Indeed, if the District Court’s rule were taken seriously, it would seriously complicate the appointment process and lead to truly bizarre results.”

Mt. Holly v. Mt. Holly Gardens Citizens in Action, Inc.,134 S. Ct. 636 (Nov. 15, 2013) (cert. dismissed)

(Fair Housing Act)

• On appeal from Mt. Holly Gardens Citizens in Action, Inc. v. Mt. Holly, 658 F.3d 375 (3d Cir. 2011)

• Writ of Certiorari dismissed pursuant to Supreme Court Rule 46.1.

Tex. Dept. of Hous. and Cmty. Affairs v. The Inclusive Cmtys. Project, Inc., No. 13-1371 (cert.

pending)(Disparate Impact Claim Under Fair Housing Act)

• On appeal from Inclusive Cmtys. Project, Inc. v. Tex. Dept. of Hous. And Cmty. Affairs, 747 F.3d 275 (5th Cir. 2014)

Marek v. Lane, 134 S. Ct. 8 (Nov. 4, 2013) (cert. denied)

(Federal and State Privacy Laws)

• On appeal from Lane v. Facebook, Inc., 696 F.3d 811 (9th Cir. 2012)

• Chief Justice Roberts wrote a statement discussing cy pres.

Sandifer v. U.S. Steel Corp.,134 S. Ct. 870 (Jan. 27, 2014)

(FLSA Donning/Doffing)

• On appeal from Sandifer v. United States Steel Corp., 678 F.3d 590 (7th Cir. 2012)

Miss. ex rel Hood v. AU Optronics Corp., 134 S. Ct. 736 (Jan. 14, 2014)

(Class Action Fairness Act / Mass Action)

• On appeal from State ex rel. Hood v. AU Optronics Corp., 701 F.3d 796 (5th Cir. 2012).

Fifth Third Bancorp v. DudenhoefferNo. 12-751, 2014 U.S. LEXIS 4495 (June 25,

2014)(ERISA Fiduciary Duties)

• On appeal from Dudenhoefer v. Fifth Third Bancorp., 692 F.3d 410 (6th Cir. 2012)

Executive Benefits Ins. Agency v. Arkison, 134 S. Ct. 2165 (June 9, 2014)

(Bankruptcy)

• On appeal from Exec. Benefits Ins. Agency v. Arkison (In re Bellingham Ins. Agency), 702 F.3d 553 (9th Cir. 2012)

United States v. Quality Stores, Inc., 134 S. Ct. 1395 (Mar. 25, 2014).

(Taxation of Severance Payments)

• On appeal from United States v. Quality Stores, Inc., 693 F.3d 605 (6th Cir. 2012)

Hon. Jerry E. SmithU.S. Court of Appeals

Fifth Circuit

Hon. Bernice B. DonaldU.S. Court of Appeals

Sixth Circuit