Walden v. Fiore

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Walden v. Fiore

Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment – Ronald Mann

Argument analysis: Sorting out a thorny statute-of-limitations question in False Claims Act case – Mark Walsh

Argument preview: Justices to tackle partisan gerrymandering … again – Amy Howe

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Conference of March 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-574	9th Cir.	Nov 4, 2013 Tr.Aud.	Feb 25, 2014	9-0	Thomas	OT 2013

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the respondents in this case.

Holding: When the conduct of the defendant, a Georgia police officer, occurred entirely in Georgia, the mere fact that his conduct affected plaintiffs with connections to Nevada does not authorize jurisdiction over him in Nevada.

Judgment: Reversed, 9-0, in an opinion by Justice Thomas on February 25, 2014.

Opinion analysis: The boundaries of specific jurisdiction (William Baude)
Argument analysis: An attempt to find a narrow ground of agreement (William Baude)
SCOTUS for law students (sponsored by Bloomberg Law): Gambling on personal jurisdiction (Stephen Wermiel)
Argument preview: Where can a federal agent be sued? (William Baude)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Nov 6 2012	Petition for a writ of certiorari filed. (Response due December 10, 2012)
Nov 30 2012	Order extending time to file response to petition to and including January 9, 2013.
Jan 4 2013	Order further extending time to file response to petition to and including January 24, 2013.
Jan 24 2013	Brief of respondents Gina Fiore, and Keith Gipson in opposition filed.
Feb 6 2013	DISTRIBUTED for Conference of February 22, 2013.
Feb 6 2013	Reply of petitioner Anthony Walden filed. (Distributed)
Feb 25 2013	DISTRIBUTED for Conference of March 1, 2013.
Mar 4 2013	Petition GRANTED.
Mar 7 2013	Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the petitioner.
Mar 12 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Mar 25 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 28, 2013.
Mar 25 2013	The time to file respondents' brief on the merits is extended to and including July 26, 2013.
May 28 2013	Joint appendix filed. (Statement of costs received)
May 28 2013	Brief of petitioner Anthony Walden filed.
May 31 2013	Brief amicus curiae of Charles W. Adams filed.
Jun 3 2013	Brief amici curiae of New England Legal Foundation and Associated Industries of Massachusetts filed.
Jun 4 2013	Brief amicus curiae of the United States filed.
Jun 4 2013	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jun 4 2013	Brief amicus curiae of Federal Law Enforcement Officers Association filed.
Jun 4 2013	Brief amici curiae of Alabama, et al. filed.
Jul 26 2013	Brief of respondents Gina Fiore and Keith Gipson filed.
Jul 29 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 2 2013	Brief amicus curiae of Workers' Injury Law & Advocacy Group filed.
Aug 19 2013	CIRCULATED..
Aug 20 2013	SET FOR ARGUMENT on Monday, November 4, 2013.
Aug 26 2013	Reply of petitioner Anthony Walden filed. (Distributed)
Sep 24 2013	Record from U.S.C.A for 9th Circuit is electronic and located on PACER.
Sep 24 2013	Record from U.S.D.C. for District of Nevada is electronic and located on PACER.
Oct 7 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 4 2013	Argued. For petitioner: Jeffrey S. Bucholtz, Washington, D. C.; and Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Thomas C. Goldstein, Washington, D. C.
Feb 25 2014	Judgment REVERSED. Thomas, J., delivered the opinion for a unanimous court.
Mar 31 2014	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment – Ronald Mann

Argument analysis: Sorting out a thorny statute-of-limitations question in False Claims Act case – Mark Walsh

Argument preview: Justices to tackle partisan gerrymandering … again – Amy Howe
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
On Tuesday, the justices released their opinions in three cases: Air and Liquid Systems Corp. v. DeVries, Nielsen v. Preap and Washington State Department of Licensing v. Cougar Den Inc.
There is a possibility of opinions on Wednesday.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices heard oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices hear oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
- BNSF Railway Company v. Loos A railroad’s payment to an employee for working time lost due to an on-the-job injury is taxable “compensation” under the Railroad Retirement Tax Act.
- Fourth Estate Public Benefit Corp. v. Wall-Street.com Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.
- Rimini Street Inc. v. Oracle USA Inc. A federal district court’s discretion to award “full costs” to a party in copyright litigation pursuant to 17 U. S. C. §505 is limited to the six categories specified in the general costs statute codified at 28 U. S. C. §§1821 and 1920.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 51

Cases decided 24

Summary reversals 4

Merits cases granted to date 74

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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Cases argued	51
Cases decided	24
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference