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SUPREME COURT UPDATE 2013-2014 TERM

SUPREME COURT UPDATE 2013-2014 TERM. by Robert B. Fitzpatrick, Esq. Robert B. Fitzpatrick, PLLC Universal Building South 1825 Connecticut Avenue, N.W. Suite 640 Washington, D.C. 20009-5728 (202) 588-5300 (202) 588-5023 (fax) fitzpatrick.law@verizon.net (e-mail)

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SUPREME COURT UPDATE 2013-2014 TERM

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  1. SUPREME COURT UPDATE 2013-2014 TERM by Robert B. Fitzpatrick, Esq. Robert B. Fitzpatrick, PLLC Universal Building South 1825 Connecticut Avenue, N.W. Suite 640 Washington, D.C. 20009-5728 (202) 588-5300 (202) 588-5023 (fax) fitzpatrick.law@verizon.net (e-mail) http://www.robertbfitzpatrick.com (website)

  2. DISCLAIMER OF ALL LIABILITY AND RESPONSIBILITY THE INFORMATION CONTAINED HEREIN IS BASED UPON SOURCES BELIEVED TO BE ACCURATE AND RELIABLE – INCLUDING SECONDARY SOURCES.  DILIGENT EFFORT WAS MADE TO ENSURE THE ACCURACY OF THESE MATERIALS, BUT THE AUTHOR ASSUMES NO RESPONSIBILITY FOR ANY READER’S RELIANCE ON THEM AND ENCOURAGES READERS TO VERIFY ALL ITEMS BY REVIEWING PRIMARY SOURCES WHERE APPROPRIATE AND BY USING TRADITIONAL LEGAL RESEARCH TECHNIQUES TO ENSURE THAT THE INFORMATION HAS NOT BEEN AFFECTED OR CHANGED BY RECENT DEVELOPMENTS. THIS PAPER IS PRESENTED AS AN INFORMATIONAL SOURCE ONLY. IT IS INTENDED TO ASSIST READERS AS A LEARNING AID; IT DOES NOT CONSTITUTE LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. IT IS NOT WRITTEN (NOR IS IT INTENDED TO BE USED) FOR PURPOSES OF ASSISTING CLIENTS, NOR TO PROMOTE, MARKET, OR RECOMMEND ANY TRANSACTION OR MATTER ADDRESSED; AND, GIVEN THE PURPOSE OF THE PAPER, IT MAY OMIT DISCUSSION OF EXCEPTIONS, QUALIFICATIONS, OR OTHER RELEVANT INFORMATION THAT MAY AFFECT ITS UTILITY IN ANY LEGAL SITUATION. THIS PAPER DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE AUTHOR AND ANY READER. DUE TO THE RAPIDLY CHANGING NATURE OF THE LAW, INFORMATION CONTAINED IN THIS PAPER MAY BECOME OUTDATED.  IN NO EVENT WILL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM AND/OR RELATED TO THE USE OF THIS MATERIAL.

  3. Decided Cases

  4. Atl. Marine Constr. Co. v. U.S. Dist. Ct.,134 S. Ct. 568 (Dec. 3, 2013) (Forum Selection Clause) On appeal from In re Atl. Marine Constr. Co., Inc., 701 F.3d 736 (5th Cir. 2012)

  5. Burrage v. United States134 S. Ct. 881 (Nov. 12, 2013) (Causation) On appeal from United States v. Burrage, 687 F.3d 1015 (8th Cir. 2012)

  6. Heimeshoff v. Hartford Life & Accident Ins. Co.,134 S. Ct. 604 (Dec. 16, 2013) (Statute of Limitations) On appeal from Heimeshoff v. Hartford Life & Accident Ins. Co., 496 Fed. Appx. 129 (2d Cir. 2012)

  7. Ray Haluch Gravel Co. v. Cent. Pension Fund of the Int’l Union of Operating Eng’rs & Participating Employers,134 S. Ct. 773 (Dec. 9, 2013) On appeal from Cent. Pension Fund of Int’l Union of Operating Eng’rs & Participating Emp’rs v. Ray Haluch Gravel Co., 695 F.3d 1 (1st Cir. 2012) (Attorneys’ Fees)

  8. Sandifer v. U.S. Steel Corp.,134 S. Ct. 870 (Jan. 27, 2014) (FLSA Donning/Doffing) On appeal from Sandifer v. United States Steel Corp., 678 F.3d 590 (7th Cir. 2012)

  9. Sprint Commc’ns Co. v. Jacobs,134 S. Ct. 584 (Dec. 10, 2013) (Younger Abstention) On appeal from Sprint Commc’nsCo., L.P. v. Jacobs, 690 F.3d 864 (8th Cir. 2012)

  10. Walden v. Fiore,No. 12-574, 2014 U.S. LEXIS 1635 (Feb. 25, 2014) (Personal Jurisdiction) On appeal from Fiore v. Walden, 688 F.3d 558 (9th Cir. 2012)

  11. Cases Pending Decision

  12. Harris v. Quinn,134 S. Ct. 48 (Oct. 1, 2013) (Cert. Granted) (First Amendment – Compelled Representation) On appeal from Harris v. Quinn, 656 F.3d 692 (7th Cir. 2011)

  13. Lane v. Franks,187 L. Ed. 2d 848 (Jan. 17, 2014) (Cert. Granted) (First Amendment Retaliation) On appeal from Lane v. Cent. Ala. Cmty. Coll., 523 Fed. Appx. 709 (11th Cir. 2013)

  14. Lawson v. FMR LLC,133 S. Ct. 2387 (May 20, 2013) (Cert. Granted) (Sarbanes-Oxley Retaliation) On appeal from Lawson v. FMR LLC, 670 F.3d 61 (1st Cir. 2012)

  15. Schuette v. Coalition to Defend Affirmative Action,133 S. Ct. 1633 (March 25, 2013) (Cert. Granted) (Affirmative Action) On appeal from Coalition to Defend Affirmative Action v. Regents of the Univ. of Mich., 701 F.3d 466 (6th Cir. 2012)

  16. Sebelius v. Hobby Lobby Stores, Inc.,134 S. Ct. 678 (Nov. 26, 2013) (Cert. Granted) (First Amendment - Religion) On appeal from Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013) Consolidated with Conestoga Wood Specialties Corp. v. Sec’y HHS, 724 F.3d 377 (3d Cir. 2013)

  17. United States v. Quality Stores, Inc.,134 S. Ct. 49 (Oct. 1, 2013) (Cert. Granted) (Taxation of Severance Payments) On appeal from United States v. Quality Stores, Inc., 693 F.3d 605 (6th Cir. 2012)

  18. Pending Petitions for Certiorari

  19. Delaware Coalition for Open Gov’t, Inc. v. Strine,No. 13-869, Petition for Cert. Filed Jan. 21, 2014 (First Amendment Experience & Logic Test) On appeal from Delaware Coalition for Open Gov’t, Inc. v. Strine, 733 F.3d 510 (3d Cir. 2013)

  20. Northover v. Archuleta,No. 13-607, Petition for Cert. Filed Nov. 15, 2013 (MSPB Action) On appeal from Kaplan v. Conyers, 733 F.3d 1148 (Fed. Cir. 2013)

  21. Young v. United Postal Serv.,No. 12-1226, Petition for Cert. Filed April 8, 2013 (Pregnancy Discrimination) On appeal from Young v. United Postal Serv., Inc., 707 F.3d 437 (4th Cir. 2013) Solicitor General invited to file brief Oct. 7, 2013

  22. Petitions for Writ of Certiorari Denied / Dismissed

  23. DeJesus v. HF Mgmt. Servs., LLC,187 L. Ed. 2d 781 (Jan. 13, 2014) (Cert. Denied) (FLSA) On appeal from DeJesus v. HF Mgmt. Servs., 726 F.3d 85 (2d Cir. 2013)

  24. Landolfi v. City of Melbourne, 134 S. Ct. 239 (Oct. 7, 2013) (Cert. Denied) (USERRA) On appeal from Landolfi v. City of Melbourne, 515 Fed. Appx. 832 (11th Cir. 2013)

  25. Martin v. Blessing,134 S. Ct. 402 (Nov. 18, 2013) (Cert. Denied) (Class Certification, Standing) On appeal from Blessing v. Sirius XM Radio Inc., 507 Fed. Appx. 1 (2d Cir. 2012) Alito, J., Concurring: “It seems quite farfetched to argue that class counsel cannot fairly and adequately represent a class unless the race and gender of counsel mirror the demographics of the class. Indeed, if the District Court’s rule were taken seriously, it would seriously complicate the appointment process and lead to truly bizarre results.”

  26. Stroud v. McIntosh,187 L. Ed. 2d 786 (Jan. 13, 2014) (Cert. Denied) (Sovereign Immunity) On appeal from Stroud v. McIntosh, 722 F.3d 1294 (11th Cir. 2013)

  27. Madigan v. Levin, 134 S. Ct. 2 (Oct. 15, 2013) (Cert. Dismissed) (ADEA) On appeal from Levin v. Madigan, 692 F.3d 607 (7th Cir. 2012) Writ of Certiorari dismissed as improvidently granted.

  28. Mt. Holly v. Mt. Holly Gardens Citizens in Action, Inc.,134 S. Ct. 636 (Nov. 15, 2013) (Cert. Dismissed) (Fair Housing Act) On appeal from Mt. Holly Gardens Citizens in Action, Inc. v. Mt. Holly, 658 F.3d 375 (3d Cir. 2011) Writ of Certiorari dismissed pursuant to Supreme Court Rule 46.1.

  29. Unite Here Local 355 v. Mulhall,134 S. Ct. 594 (Dec. 10, 2013) (Cert. Dismissed) (LMRA) On appeal from Kaplan v. Conyers, 733 F.3d 1148 (Fed. Cir. 2013) Writ of Certiorari dismissed as improvidently granted Breyer, J., was joined by Sotomayor and Kagan, J.J., dissenting.

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