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Decisions
Writers: Please start putting your Decisions only in this folder and Cert.Granted in the other. Please ignore the sub-categories until they are deleted. Thanks.
Hall v. United States
Bankruptcy Law: Under 11 U.S.C. § 1222(a)(2)(A), federal income tax liability resulting from individual debtors' sale of their farm during the course of a Chapter 12 bankruptcy is not "incurred by the estate" and thus not dischargeable.
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Chaidez v. United States
Criminal Procedure: Whether the rule announced in Padilla v. Kentucky—that an attorney provides ineffective assistance of counsel in violation of the Sixth Amendment by failing to inform a criminal defendant that a guilty plea carries a risk of deportation—applies retroactively to persons whose convictions were already final.
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United States v Home Concrete & Supply LLC.
Administrative Law: 26 U.S.C. §6501(e)(1))(A), which extends the period for detecting mistakes in tax returns from 3 years to 6 years only applies to complete omissions. It does not apply to basic understatements which lead to a smaller taxable gross income.
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Wood v. Milyard
Habeas Corpus: Courts of appeals have authority to raise a forfeited timeliness defense sua sponte in exceptional cases, but the court of appeals abused its discretion when it dismissed petitioner’s habeas petition as untimely because the state had deliberately waived the statute of limitations defense.
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Mohamad v. Palestinian Authority
Tort Law: The Tortured Victims Protection Act's authorization of a suit against an "individual" only extends liability to natural persons and not to non-sovereign organizations.
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Kappos v. Hyatt
Patents: A patent applicant’s ability to introduce new evidence in a civil 35 U.S.C. § 145 claim is limited only by the Federal Rules of Evidence (FRE) and the Federal Rules of Civil Procedure (FRCP). The district court is to review new evidence concerning a disputed question of fact de novo taking into account the administrative record of the Patent and Trade Office (PTO) as well as the new evidence.
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Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S
Administrative Law: The Hatch-Waxman Act's counterclaim provision allows generic drug manufacturers to seek an FDA order requiring changes by the patent holder both to approved uses of the drug and to corrections of the patent's scope.
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Filarsky v. Delia
42 USC § 1983: A private individual temporarily retained by the government is entitled to seek qualified immunity from a §1983 suit.
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Kirtsaeng v. John Wiley & Sons, Inc.
Copyright: Whether the Copyright Act's "first sale doctrine" freely permits resale of foreign works legally purchased overseas and imported into the United States as the Third Circuit has held, or if such works can only be resold after the copyright holder explicitly approves the sale as the Second Circuit has held, or if they can only be resold after the copyright holder approves an earlier sale as the Ninth Circuit has held.
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Rehberg v. Paulk
Criminal Procedure: A grand jury witness is entitled to the same absolute immunity from a § 1983 suit as a trial witness.
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