568 U. S., PART 1

Lefemine v. Wideman, 568 U. S. 1 ___ (2012) (per curiam)

R001; No. 12-168; 11/5/12. Plaintiff—who secured a permanent injunction barring police from imposing sanctions on him for carrying certain signs during public demonstrations, but who received no monetary damages—was a “prevailing party” under the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U. S. C. §1988.

United States v. Bormes, 568 U. S. 1 ___ (2012)

R002; No. 11-192; 11/13/12. The Little Tucker Act does not waive the Federal Government’s sovereign immunity with respect to damages actions filed for violations of the Fair Credit Reporting Act.

Nitro-Lift Technologies, L. L. C. v. Howard, 568 U. S. 1 ___ (2012) (per curiam)

R003; No. 11-1377; 11/26/12. The Oklahoma Supreme Court failed to apply the Federal Arbitration Act’s policy favoring arbitration when it declared the noncompetition agreements in two employment contracts null and void rather than leaving that determination to the arbitrator in the first instance.

Arkansas Game and Fish Comm’n v. United States, 568 U. S. 1 ___ (2012)

R004; No. 11-597; 12/4/12. Government-induced flooding temporary in duration gains no automatic exemption from inspection under the Fifth Amendment’s Takings Clause.

Kloeckner v. Solis, 568 U. S. 1 ___ (2012)

R005; No. 11-184; 12/10/12. A federal employee who claims that an agency action appealable to the Merit Systems Protection Board violates an antidiscrimination statute listed in 5 U. S. C. §7702(a)(1)—such as Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act of 1967—should seek judicial review in district court, not the Federal Circuit, regardless whether the MSPB decided her case on procedural grounds or on the merits.

Ryan v. Valencia Gonzales, 568 U. S. 1 ___ (2013)

R006; No. 10-930; 1/8/13. Neither 18 U. S. C. §3599 nor 18 U. S. C. §4241 provides a state prisoner a right to suspension of his federal habeas proceedings when he is adjudged incompetent.

Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc., 568 U. S. 1 ___ (2013)

R007; No. 11-460; 1/8/13. The flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a “discharge of a pollutant” under the Clean Water Act.

Already, LLC v. Nike, Inc., 568 U. S. 1 ___ (2013)

R008; No. 11-982; 1/9/13. Nike’s covenant not to enforce its Air Force 1 trademark against competitor Already or any affiliated entity based on Already’s existing footwear designs or any future “colorable imitations” moots Already’s action to have the Air Force 1 trademark declared invalid.

Smith v. United States, 568 U. S. 1 ___ (2013)

R009; No. 11-8976; 1/9/13. Smith, who was charged with criminal conspiracy pursuant to 21 U. S. C. §846 and 18 U. S. C. §1962(d), bears the burden of proving the defense of withdrawal from the conspiracy.

Lozman v. Riviera Beach, 568 U. S. 1 ___ (2013)

R010; No. 11-626; 1/15/13. Petitioner’s floating home is not a “vessel” under 1 U. S. C. §3 for purposes of admiralty jurisdiction.

Sebelius v. Auburn Regional Medical Center, 568 U. S. 1 ___ (2013)

R011; No. 11-1231; 1/22/13. Title 42 U. S. C. §1395oo(a)(3)’s 180-day limit on the time Medicare providers have to appeal reimbursement decisions to the Provider Reimbursement Review Board is not “jurisdictional”; the Secretary of HHS’s regulation—which permits the Board to extend that limit, for good cause, up to three years—is a permissible interpretation of §1395oo(a)(3).

Chafin v. Chafin, 568 U. S. 1 ___ (2013)

R012; No. 11-1347; 2/19/13. The return of a child to a foreign country pursuant to an order under the Hague Convention on the Civil Aspects of International Child Abduction does not render an appeal of that order moot.

Bailey v. United States, 568 U. S. 1 ___ (2013)

R013; No. 11-770; 2/19/13. Petitioner Bailey’s detention at a point beyond the immediate vicinity of his apartment while it was being searched by police was not permissible under Michigan v. Summers, 452 U. S. 692, as a detention incident to the execution of a search warrant.

FTC v. Phoebe Putney Health System, Inc., 568 U. S. 1 ___ (2013)

R014; No. 11-1160; 2/19/13. Respondent hospital authorities—which are substate governmental entities—are not immune from antitrust liability under the state-action doctrine because the Georgia law that created them and gave them general corporate powers, including the power to acquire hospitals, does not clearly articulate and affirmatively express a state policy to permit acquisitions that substantially lessen competition.

Florida v. Harris, 568 U. S. 1 ___ (2013)

R015; No. 11-817; 2/19/13. Training and testing records presented in court supported a drug-detection dog’s reliability and respondent failed to undermine that showing; therefore, the police officer had probable cause to search respondent’s truck despite the fact that the officer did not keep full records of his dog’s field performance.