552 U. S., PART 2

LaRue v. DeWolff, Boberg & Associates, Inc., 552 U. S. 2 ___ (2008)

R015; No. 06-856; 2/20/08. Although §502(a)(2) of the Employee Retirement Income Security Act of 1974 does not provide a remedy for individual injuries distinct from plan injuries, it does authorize recovery for fiduciary breaches that impair the value of plan assets in a participant’s individual account.

Danforth v. Minnesota, 552 U. S. 2 ___ (2008)

R016; No. 06-8273; 2/20/08. Teague v. Lane, 489 U. S. 288, does not constrain the authority of state courts to give broader effect to new constitutional rules of criminal procedure than is required by that opinion.

Riegel v. Medtronic, Inc., 552 U. S. 2 ___ (2008)

R017; No. 06-179; 2/20/08. The pre-emption clause in the Medical Device Amendments of 1976, 21 U. S. C. §360k(a), bars common-law claims challenging the safety or effectiveness of a medical device marketed in a form that received premarket approval from the Food and Drug Administration.

Preston v. Ferrer, 552 U. S. 2 ___ (2008)

R018; No. 06-1463; 2/20/08. When parties agree to arbitrate all questions arising under a contract, the Federal Arbitration Act supersedes state laws lodging primary jurisdiction in another forum, whether judicial or administrative.

Rowe v. New Hampshire Motor Transp. Assn., 552 U. S. 2 ___ (2008)

R019; No. 06-457; 2/20/08. The Federal Aviation Administration Authorization Act of 1994, 49 U. S. C. §14501(c)(1)—which prohibits States from enacting any law “related to” a motor carrier “price, route, or service”—pre-empts two provisions of a Maine tobacco law that regulate the delivery of tobacco to customers within the State.

Sprint/United Management Co. v. Mendelsohn, 552 U. S. 2 ___ (2008)

R020; No. 06-1221; 2/26/08. The Tenth Circuit erred in concluding that the District Court applied a per se rule to exclude evidence of age discrimination against other employees not “similarly situated” to respondent and thus improperly engaged in its own analysis of the relevant factors under Federal Rules of Evidence 401 and 403, rather than remanding the case for the District Court to clarify its ruling.

Federal Express Corp. v. Holowecki, 552 U. S. 2 ___ (2008)

R021; No. 06-1322; 2/27/08. For a filing to be deemed a “charge” alleging unlawful discrimination under the Age Discrimination in Employment Act of 1967, it must contain the information required by the implementing regulations, i.e., an allegation of discrimination and the name of the charged party, and must be reasonably construed as a request for the Equal Employment Opportunity Commission to take remedial action to protect the employee’s rights or otherwise settle a dispute between the employer and the employee.

Boulware v. United States, 552 U. S. 2 ___ (2008)

R022; No. 06-1509; 3/3/08. A taxpayer accused of criminal tax evasion may claim that a corporate distribution is an untaxable return of capital—which would leave the Government unable to establish the tax deficiency required for conviction—without producing evidence that, when the distribution occurred, either he or the corporation intended a return of capital.

Warner-Lambert Co. v. Kent, 552 U. S. 2 ___ (2008)

R023; No. 06-1498; 3/3/08. Judgment affirmed by equally divided Court.

Washington State Grange v. Washington State Republican Party, 552 U. S. 2 ___ (2008)

R024; No. 06-713; 3/18/08. Washington State’s primary law—which provides that candidates must be identified on the primary ballot by their self-designated party preference; that voters may vote for any candidate; and that the two top votegetters for each office, regardless of party preference, advance to the general election—does not on its face impose a severe burden on state political parties’ First Amendment rights.

Snyder v. Louisiana, 552 U. S. 2 ___ (2008)

R025; No. 06-10119; 3/19/08. The trial judge in petitioner’s capital murder trial committed clear error in rejecting the claim that the prosecution exercised its peremptory challenge against juror Brooks based on race, in violation of Batson v. Kentucky, 476 U. S. 79.

Medellín v. Texas, 552 U. S. 2 ___ (2008)

R026; No. 06-984; 3/25/08. Neither the International Court of Justice’s Avena decision that the U. S. violated the Vienna Convention on Consular Relations by failing to inform 51 Mexican state-court defendants of their Convention rights nor the President’s Memorandum stating that the U. S. would “discharge its international obligations” under Avena “by having State courts give effect to the decision” constitutes directly enforceable federal law that pre-empts state limitations on the filing of successive habeas petitions.

Hall Street Associates, L. L. C. v. Mattel, Inc., 552 U. S. 2 ___ (2008)

R027; No. 06-989; 3/25/08. The grounds set forth in the Federal Arbitration Act, 9 U. S. C. §§10, 11, for prompt vacatur and modification of arbitration awards are exclusive for parties seeking expedited review under the Act.

New Jersey v. Delaware, 552 U. S. 2 ___ (2008)

R028; No. 134, Orig.; 3/31/08. The 1905 Compact between New Jersey and Delaware did not secure to New Jersey exclusive jurisdiction over all riparian improvements commencing on its shores of the Delaware River; rather, the two States have overlapping authority to regulate riparian structures and operations of extraordinary character extending outshore of New Jersey’s domain into territory over which Delaware is sovereign.