Search : U.S. Supreme Court : Civil Procedure : From 10/01/06 To 07/01/07
Number of summaries found: 27
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| Court: | U.S. Supreme Court |
| Topic: | Civil Procedure, Communications Law, Constitutional Law, Corporation & Enterprise Law, Elections, Tax-exempt Organizations |
| Title: | Fed. Election Comm'n v. Wisconsin Right to Life, Inc. |
| Date: | 06/25/07 |
| Case Number: | 06-969, 06-970 |
| Summary: | In an action brought by a nonprofit corporation, Wisconsin Right to Life (WRTL), seeking declaratory and injunctive relief and alleging that the Bipartisan Campaign Reform Act section 203's prohibition on corporate election communications was unconstitutional as applied to certain ads, summary judgment for WRTL on its challenge is affirmed. |
| Court: | U.S. Supreme Court |
| Topic: | Civil Procedure, Constitutional Law, Government Law |
| Title: | Hein v. Freedom from Religion Found. |
| Date: | 06/25/07 |
| Case Number: | 06-157 |
| Summary: | In an action brought claiming that conferences held as part of the President's Faith-Based and Community Initiatives program violated the Establishment Clause of the First Amendment, a circuit court's decision reversing a dismissal of the action is reversed as the circuit court erred in holding that the plaintiffs had standing as taxpayers because the conferences at issue were paid for with money appropriated by Congress. |
| Court: | U.S. Supreme Court |
| Topic: | Civil Procedure, Corp. Governance, Corporation & Enterprise Law, Evidence, Manufacturing, Securities Law |
| Title: | Tellabs, Inc. v. Makor Issues & Rights, Ltd. |
| Date: | 06/21/07 |
| Case Number: | 06-–484 |
| Summary: | In the context of private securities fraud actions and the pleading requirements of the Private Securities Litigation Reform Act (PSLRA) intended to check abusive litigation, to qualify as "strong" within the intendment of section 21D(b)(2), an inference of scienter must be more than merely plausible or reasonable -- it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent. |
| Court: | U.S. Supreme Court |
| Topic: | Antitrust & Trade Regulation, Civil Procedure, International Law |
| Title: | Powerex Corp. v. Reliant Energy Servs. |
| Date: | 06/18/07 |
| Case Number: | 05-85 |
| Summary: | When a district court remands a properly removed case because it nonetheless lacks subject-matter jurisdiction, the remand is covered by 28 U.S.C. section 1447(c), and is thus shielded from review by section 1447(d). Further, when a district court relies upon a ground that is colorably characterized as subject-matter jurisdiction, 1447(d)'s bar on appellate review applies. In an appeal arising from suits brought in California state courts against various companies in the California energy market, alleging that they had conspired to fix prices in violation of California law, a court of appeals judgment finding inter alia that it was not precluded from reviewing substantive issues of law that preceded a remand order is vacated in part, as section 1447(d) barred appellate consideration of petitioner's claim that it is a foreign state for purposes of the Foreign Sovereign Immunities Act (FSIA). |
| Court: | U.S. Supreme Court |
| Topic: | Antitrust & Trade Regulation, Banking Law, Civil Procedure, Securities Law |
| Title: | Credit Suisse Sec. (USA) LLC v. Billing |
| Date: | 06/18/07 |
| Case Number: | 05-1157 |
| Summary: | In a suit brought by a group of investors alleging that petitioners-investment banks, acting as underwriting firms, violated antitrust laws when they formed syndicates to help execute initial public offerings (IPOs) for hundreds of technology-related companies, a court of appeals' decision reversing dismissal of the complaints is reversed as federal securities law implicitly precludes the application of the antitrust laws to the conduct alleged in the case. |
| Court: | U.S. Supreme Court |
| Topic: | Civil Procedure, Criminal Law & Procedure, Habeas Corpus |
| Title: | Bowles v. Russell |
| Date: | 06/14/07 |
| Case Number: | 06-5306 |
| Summary: | The timely filing of a notice of appeal in a civil case is a jurisdictional requirement, and case law precedent setting forth the "unique circumstances" doctrine is overruled to the extent the cases purported to authorize an exception to a jurisdictional rule. In a habeas case in which a district court purported to extend petitioner's time for filing an appeal beyond the period allowed by statute, dismissal of petitioner's appeal for lack of jurisdiction is affirmed where petitioner's untimely notice, even though filed in reliance upon the district court's order, deprived the circuit court of jurisdiction. |
| Court: | U.S. Supreme Court |
| Topic: | Civil Procedure, Environmental Law, Government Law, Military Law |
| Title: | US v. Atlantic Research Corp. |
| Date: | 06/11/07 |
| Case Number: | 06-562 |
| Summary: | In the context of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which allows private parties to recover expenses associated with cleaning up contaminated sites, CERCLA section 107(a) provides so-called potentially responsible parties (PRPs) with a cause of action to recover costs from other PRPs. |
| Court: | U.S. Supreme Court |
| Topic: | Antitrust & Trade Regulation, Civil Procedure, Government Law, Manufacturing |
| Title: | Watson v. Philip Morris Cos., Inc. |
| Date: | 06/11/07 |
| Case Number: | 05-1284 |
| Summary: | In the context of the federal officer removal statute, the fact that a federal regulatory agency directs, supervises, and monitors a company's activities in considerable detail does not bring that company within 28 U.S.C. section 1442(a)(1)'s scope so as to permit removal of the action from state court to federal court. |
| Court: | U.S. Supreme Court |
| Topic: | Attorney's Fees, Civil Procedure, Civil Rights, Constitutional Law, Government Law, Remedies |
| Title: | Sole v. Wyner |
| Date: | 06/04/07 |
| Case Number: | 06–531 |
| Summary: | In the context of attorney's fee awards in private actions brought under 42 U.S.C. section 1983 and other specified measures designed to secure civil rights, prevailing party status does not attend achievement of a preliminary injunction that is reversed, dissolved, or otherwise undone by the final decision in the same case. |
| Court: | U.S. Supreme Court |
| Topic: | Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Health Law, Per Curiam |
| Title: | Erickson v. Pardus |
| Date: | 06/04/07 |
| Case Number: | 06-7317 |
| Summary: | In a prisoner's 42 U.S.C. section 1983 suit alleging his constitutional protections against cruel and unusual punishment were violated by prison officials' termination of a treatment program for his liver condition that they had previously commenced, the Supreme Court grants review on his petition for certiorari and vacates dismissal of the action where the court of appeals' holding that petitioner's allegations were "conclusory" departed in a stark a manner from the pleading standard mandated by the Federal Rules of Civil Procedure. |