Civil Procedure – LexRoll.com

BANISTER v. DAVIS, 590 U.S. 504

Issues: Antiterrorism and Effective Death Penalty Act of 1996, Civil Procedure, Habeas Corpus

140 S.Ct. 1698 (2020)590 U.S. 504 Gregory Dean BANISTER, Petitioner, v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division. No. 18-6943.Supreme Court of United States. Argued December 4, 2019.Decided June 1, 2020. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. Filings: Petitioner’s Opening Brief Respondent’s […]

BARTON v. BARBOUR, 104 U.S. 126 (1881)

Issues: Bankruptcy Court's Jurisdiction, Bankruptcy Law, Subject Matter Jurisdiction

104 U.S. 126 (1881) BARTON v. BARBOUR. Supreme Court of United States. Mr. Saul S. Henkle for the plaintiff in error. Mr. Linden Kent, contra. HEADNOTES Equity The determination by a court of equity, according to its own course and practice, of issues of fact growing out of the administration of trust property in its […]

LUCKY BRAND DUNGAREES, INC. v. MARCEL FASHIONS GROUP, INC., 590 U.S. ___ (2020)

Issues: Collateral Estoppel, Intellectual Property, Res Judicata, Trademarks

140 S.Ct. 1589 (2020) LUCKY BRAND DUNGAREES, INC., et al., Petitioners, v. MARCEL FASHIONS GROUP, INC. No. 18-1086.Supreme Court of United States.Argued January 13, 2020.Decided May 14, 2020.On Writ of Certiorari to the United States Court of Appeals for the Second Circuit. SUMMARY In Lucky Brand Dungarees v. Marcel Fashions Grp., Inc., Lucky Brand used a […]

ROMAN CATHOLIC ARCHDIOCESE OF SAN JUAN, PUERTO RICO v. ACEVEDO FELICIANO, 589 U.S. ___ (2020)

Issues: Civil Procedure, Subject Matter Jurisdiction

140 S.Ct. 696 (2020) 589 U.S. ___ ROMAN CATHOLIC ARCHDIOCESE OF SAN JUAN, PUERTO RICO v. Yali ACEVEDO FELICIANO, et al. No. 18-921.Supreme Court of United States. Decided February 24, 2020. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF PUERTO RICO. Counsel Paul D. Clement, Kirkland & Ellis LLP, Attorney for Petitioner, […]

RITZEN GROUP, INC. v. JACKSON MASONRY, LLC, 589 U.S. ___ (2020)

Issues: Appeals, Bankruptcy Law

140 S.Ct. 582 (2020) 589 U.S. ___ RITZEN GROUP, INC., Petitioner, v. JACKSON MASONRY, LLC. No. 18-938.Supreme Court of United States. Argued November 13, 2019.Decided January 14, 2020. Counsel: James K. Lehman, Columbia, SC, for the petitioner. Griffin S. Dunham, Nashville, TN, for the respondent. Vivek Suri, for the United States as amicus curiae, by […]

McDONOUGH v. SMITH, 588 U.S. ___ (2019)

Issues: 1983 Claim, Statute of Limitations, Statutes of Limitations

139 S.Ct. 2149 (2019) Edward G. McDONOUGH, Petitioner v. Youel SMITH, Individually and as Special District Attorney for the County of Rensselaer, New York, aka Trey Smith. No. 18-485.Supreme Court of United States. Argued April 17, 2019.Decided June 20, 2019.ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. Counsel […]

VIRGINIA HOUSE OF DELEGATES v. BETHUNE-HILL, 587 U.S. ___ (2019)

Issues: Civil Procedure, Standing to Sue

139 S.Ct. 1945 (2019) 587 U.S. ___ VIRGINIA HOUSE OF DELEGATES, et al., Appellants v. Golden BETHUNE-HILL, et al. No. 18-281.Supreme Court of United States. Argued March 18, 2019.Decided June 17, 2019.ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Morgan L. Ratner for the United States as amicus curiae, […]

HOME DEPOT U. S. A., INC. v. JACKSON, 587 U.S. ___ (2019)

Issues: Civil Procedure, Class Actions, Removal from State Court to Federal Court

139 S.Ct. 1743 (2019) 587 U.S. ___ HOME DEPOT U. S. A., INC., Petitioner. v. George W. JACKSON. Supreme Court of United States. Argued January 15, 2019. Decided May 28, 2019. No. 17-1471. Syllabus: Citibank, N. A., filed a debt-collection action in state court, alleging that respondent Jackson was liable for charges incurred on a […]

COCHISE CONSULTANCY, INC. v. UNITED STATES, 587 U.S. ___ (2019)

Issues: False Claims Act (FCA), Statute of Limitations

139 S.Ct. 1507 (2019) COCHISE CONSULTANCY, INC., et al., Petitioners v. UNITED STATES, EX REL. Billy Joe HUNT. No. 18-315.Supreme Court of United States.Argued March 19, 2019.Decided May 13, 2019. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. Counsel: Theodore J. Boutrous, Jr., Los Angeles, CA, for the […]

LAMPS PLUS, INC. v. VARELA, 587 U.S. ___ (2019)

Issues: Arbitration Clause, Civil Procedure, Class Actions, Federal Arbitration Act

139 S.Ct. 1407 (2019) 587 U.S. ___. LAMPS PLUS, INC., et al., Petitioners, v. Frank VARELA. Supreme Court of United States. No. 17-988. Argued October 29, 2018. Decided April 24, 2019. Syllabus In 2016, a hacker tricked an employee of petitioner Lamps Plus, Inc., into disclosing tax information of about 1,300 company employees. After a […]

REPUBLIC OF SUDAN v. HARRISON, 587 U.S. ___ (2019)

Issues: Civil Procedure, Foreign Sovereign Immunities Act (FSIA), Service of Process

REPUBLIC OF SUDAN, Petitioner, v. RICK HARRISON, ET AL. No. 16-1094.Supreme Court of the United States. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. Argued November 7, 2018.Decided March 26, 2019.Christopher M. Curran, White & Case LLP, Attorney for Petitioner, Republic of Sudan. Andrew C. Hall, Hall Lamb […]

FRANK v. GAOS, 586 U.S. ___ (2019)

Issues: Civil Procedure, Class Actions

586 U.S. ___ (2019) 139 S.Ct. 1041 Theodore H. FRANK, et al., Petitioners v. Paloma GAOS, Individually and on Behalf of All Others Similarly Situated, et al. No. 17-961.Supreme Court of United States. March 20, 2019. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Kassra P. Nassiri, Nassiri […]

RIMINI STREET, INC. v. ORACLE USA, INC., 586 U.S. ___ (2019)

Issues: Civil Procedure, Copyrights, Costs to Prevailing Party, Intellectual Property

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary […]

NUTRACEUTICAL CORPORATION v. LAMBERT, 586 U.S. ___ (2019)

Issues: Appeals, Appeals, Civil Procedure

SUPREME COURT OF THE UNITED STATES _________________ No. 17?1094 _________________ NUTRACEUTICAL CORPORATION, PETITIONER v. TROY LAMBERT ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [February 26, 2019] Syllabus No. 17?1094. Argued November 27, 2018?Decided February 26, 2019 Respondent Troy Lambert filed a class action in federal court alleging […]

NEW PRIME INC v. OLIVEIRA, 586 U.S. ___ (2019)

Issues: Arbitration Clause, Civil Procedure, Employment Law, Federal Arbitration Act

HENRY SCHEIN, INC. v. ARCHER AND WHITE SALES, INC., 586 U.S. ___ (2019)

Issues: Arbitration Clause, Federal Arbitration Act

GASPERINI v. CENTER FOR HUMANITIES, INC., 518 U.S. 415 (1996)

Issues: Civil Procedure, Diversity Jurisdiction, Erie Doctrine, Seventh Amendment

518 U.S. 415 (1996) GASPERINI v. CENTER FOR HUMANITIES, INC. No. 95-719.United States Supreme Court. Argued April 16, 1996.Decided June 24, 1996. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Headnotes CONSTITUTIONAL LAW — Right to Jury Trial. Diversity case — Application of state damages law.?? New York law controlling excessive […]

UNITED STUDENT AID FUNDS, INC. v. ESPINOSA, 559 U.S. 260 (2010)

Issues: Bankruptcy Law, Chapter 13 Bankruptcy, Civil Procedure, Judgments

130 S.Ct. 1367 (2010) 559 U.S. 260 UNITED STUDENT AID FUNDS, INC., Petitioner, v. Francisco J. ESPINOSA. Supreme Court of United States. No. 08-1134. Argued December 1, 2009. Decided March 23, 2010. Headnotes BANKRUPTCY Discharge of Student Loan Debt Absent Required Finding of Adversary Proceeding — Void Judgments. In a Chapter 13 proceeding, a bankruptcy […]

HALL v. HALL, 584 U.S. ___ (2018)

Issues: Appeals, Civil Procedure, Consolidation of Actions

TANIGUCHI v. KAN PACIFIC SAIPAN, LTD., 566 U.S. 560 (2012)

Issues: Civil Procedure, Costs to Prevailing Party

132 S.Ct. 1997 (2012) Kouichi TANIGUCHI, Petitioner, v. KAN PACIFIC SAIPAN, LTD., dba Marianas Resort and Spa. No. 10-1472.Supreme Court of United States. Argued February 21, 2012.Decided May 21, 2012. Headnotes COURT INTERPRETS ACT. “[C]ompensation of interpreters” — Costs Available to Prevailing Parties — Document Translation Costs. Because “interpreter” ordinarily means someone who translates orally […]