Nken v. Holder, 556 U. S. 2 ___ (2009)
R047; No. 08-681; 4/22/09. Traditional stay factors, rather than the demanding standard
set forth in 8 U. S. C. §1252(f)(2) for the issuance of injunctions, govern a court of appeals’
authority to stay an alien’s removal from this country pending the court’s review of the
removal order.
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Cone v. Bell, 556 U. S. 2 ___ (2009)
R048; No. 07-1114; 4/28/09. The Tennessee courts’ procedural rejection of Cone’s claim of
unlawful suppression of evidence under Brady v. Maryland, 373 U. S. 83, does
not bar federal habeas review of the claim’s merits; although the suppressed evidence was not
material to Cone’s first-degree murder conviction, the lower federal courts erred in failing
to assess the cumulative effect of that evidence with respect to Cone’s capital sentence.
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FCC v. Fox Television Stations, Inc., 556 U. S. 2 ___ (2009)
R049; No. 07-582; 4/28/09. The FCC’s revised policy finding that the federal ban on broadcasting
“any . . . indecent language,” 18 U. S. C. §1464, sometimes applies to indecent expletives even
when the offensive words are not repeated is neither “arbitrary” nor “capricious” within the
meaning of the Administrative Procedure Act, 5 U. S. C. §706(2)(A).
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Dean v. United States, 556 U. S. 2 ___ (2009)
R050; No. 08-5274; 4/29/09. Title 18 U. S. C. §924(c)(1)(A)(iii), which mandates
a 10-year mandatory minimum sentence “if [a] firearm is discharged” in the course of a violent or
drug trafficking crime, requires no separate proof of intent, applying whether the gun is
discharged on purpose or by accident.
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Kansas v. Ventris, 556 U. S. 2 ___ (2009)
R051; No. 07-1356; 4/29/09. Respondent’s incriminating statement to an informant planted in
his jail cell, concededly elicited in violation of the Sixth Amendment, was admissible to impeach
his inconsistent testimony at trial.
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Burlington N. & S. F. R. Co. v. United States, 556 U. S. 2 ___ (2009)
R052; No. 07-1601; 5/4/09. Under the Comprehensive Environmental Response,
Compensation, and Liability Act, petitioner Shell Oil Company is not liable for the contamination
at an agricultural chemical distribution facility, and the District Court reasonably apportioned
petitioner railroads’ share of the site’s remediation costs at 9%.
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Arthur Andersen LLP v. Carlisle, 556 U. S. 2 ___ (2009)
R053; No. 08-146; 5/4/09. The Sixth Circuit had jurisdiction to review the denial of petitioners’
request for a stay under §3 of the Federal Arbitration Act; a litigant who was not a party to the
arbitration agreement may invoke §3 if the relevant state contract law allows him to enforce the
agreement.
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Carlsbad Technology, Inc. v. HIF Bio, Inc., 556 U. S. 2 ___ (2009)
R054; No. 07-1437; 5/4/09. A federal district court’s order remanding a case to state court
after declining to exercise supplemental jurisdiction over state-law claims is not a remand for
lack of subject-matter jurisdiction for which appellate review is barred by 28 U. S. C. §§1447(c)
and (d).
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Flores-Figueroa v. United States, 556 U. S. 2 ___ (2009)
R055; No. 08-108; 5/4/09. Title 18 U. S. C. §1028(a)(1)— which imposes a mandatory consecutive
2-year prison term on an individual convicted of certain predicate crimes if, during (or in relation
to) the commission of those other crimes, the offender “knowingly . . . uses, without lawful
authority, a means of identification of another person”—requires the Government to show that the
defendant knew that the means of identification at issue belonged to someone else.
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Ashcroft v. Iqbal, 556 U. S. 2 ___ (2009)
R056; No. 07-1015; 5/18/09. Respondent 9/11 detainee’s complaint alleging that petitioner
federal officials subjected him to harsh confinement conditions as a matter of policy on account
of his religion, race, and/or national origin fails to plead sufficient facts to satisfy the
requirements of Federal Rule of Civil Procedure 8, as interpreted in Bell Atlantic Corp.
v. Twombly, 550 U. S. 544.
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AT&T; Corp. v. Hulteen, 556 U. S. 2 ___ (2009)
R057; No. 07-543; 5/18/09. An employer does not necessarily violate the Pregnancy
Discrimination Act when it pays pension benefits calculated in part under an accrual rule,
applied only prior to the PDA, that gave less retirement credit for pregnancy leave than for
medical leave generally; because AT&T;’s pension payments accord with a bona fide seniority
system’s terms, they are insulated from challenge under §703(h) of Title VII of the Civil
Rights Act of 1964.
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Montejo v. Louisiana, 556 U. S. 2 ___ (2009)
R058; No. 07-10374; 5/26/09. As applied to 42 U. S. C. §1983 claims, a New York law that divests the
State’s general jurisdiction courts of their jurisdiction to hear damages suits filed by prisoners against
state correction officers violates the Supremacy Clause.
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Haywood v. Drown, 556 U. S. 2 ___ (2009)
R059; No. 07-1529; 5/26/09. Michigan v. Jackson, 475 U. S. 625, which forbid police to
initiate interrogation of a criminal defendant once he invoked his Sixth Amendment right to counsel at an
arraignment or similar proceeding, should be and now is overruled.
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Abuelhawa v. United States, 556 U. S. 2 ___ (2009)
R060; No. 08-192; 5/26/09. Using a telephone to make a misdemeanor drug purchase does not
“facilitat[e]” felony drug distribution in violation of 21 U. S. C. §843(b), which prohibits “us[ing] any
communication facility in . . . facilitating” certain drug felonies.
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Bobby v. Bies, 556 U. S. 2 ___ (2009)
R061; No. 08-598; 6/1/09. The Double Jeopardy Clause does not bar the Ohio courts from conducting
a full hearing on whether Bies qualifies as a mentally retarded offender who cannot be executed
under Atkins v. Virginia, 536 U. S. 304, because of their
earlier determination, under the pre-Atkins standard, that his mental
retardation qualified as a mitigating factor.
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CSX Transp., Inc. v. Hensley, 556 U. S. 2 ___ (2009) (per curiam)
R062; No. 08-1034; 6/1/09. In affirming the trial court’s refusal to give fear-of-cancer jury
instructions in this Federal Employers’ Liability Act suit alleging that petitioner railroad had negligently
caused respondent employee to contract asbestosis at work, the Tennessee Court of Appeals misread and
misapplied Norfolk & Western R. Co. v. Ayers, 538 U. S. 135.
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Republic of Iraq v. Beaty, 556 U. S. 2 ___ (2009)
R063; No. 07-1090; 6/8/09. Iraq is no longer subject to suit in federal court pursuant to
the terrorism exception to foreign sovereign immunity, now repealed, that had been codified
at 28 U. S. C. §1605(a)(7).
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Caperton v. A. T. Massey Coal Co., 556 U. S. 2 ___ (2009)
R064; No. 08-22; 6/8/09. In a case in which the West Virginia Supreme Court of Appeals
reversed a $50 million verdict, due process required recusal of a justice who had received
campaign contributions in an extraordinary amount from the board chairman and principal
officer of the corporation found liable for the damages.
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United States v. Denedo, 556 U. S. 2 ___ (2009)
R065; No. 08-267; 6/8/09. Article I military courts have jurisdiction to entertain
coram nobis petitions to consider allegations that an earlier
judgment of conviction was flawed in a fundamental respect.
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United States ex rel. Eisenstein v. City of New York, 556 U. S. 2 ___ (2009)
R066; No. 08-660; 6/8/09. Because the United States declined to intervene in this
privately initiated False Claims Act action, it was not a “party” to the litigation for
purposes of either 28 U. S. C. §2107 or Federal Rule of Appellate Procedure 4; therefore,
petitioner’s notice of appeal was untimely, as it should have been filed within the
Rule’s 30-day period, not the extended 60-day period when the United States is a party.
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Boyle v. United States, 556 U. S. 2 ___ (2009)
R067; No. 07-1309; 6/08/09. An association-in-fact “enterprise” under the Racketeer
Influenced and Corrupt Organizations Act must have a “structure,” but the pertinent jury
instruction need not be framed in the precise language petitioner proposes, i.e.,
as having “an ascertainable structure beyond that inherent in the pattern of racketeering
activity in which it engages.”
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Indiana State Police Pension Trust v. Chrysler LLC, 556 U. S. 2 ___ (2009)
R068; No. 08A1096; 6/9/09. Applications for stay of Chrysler sale denied, and temporary
stay vacated.
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