diff --git "a/test.csv" "b/test.csv" new file mode 100644--- /dev/null +++ "b/test.csv" @@ -0,0 +1,3233 @@ +ID,first_party,second_party,facts +TEST_0000,Salerno,United States,"The 1984 Bail Reform Act allowed the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially dangerous to other people in the community. Prosecutors alleged that Salerno and another person in this case were prominent figures in the La Cosa Nostra crime family. +" +TEST_0001,Milberg Weiss Bershad Hynes and Lerach,"Lexecon, Inc.","Lexecon Inc. was a defendant in a class action lawsuit. Under 28 USC section 1407(a), the lawsuit was transferred for pretrial proceedings to the District of Arizona. Section 1407(a) authorizes the Judicial Panel on Multidistrict Litigation to transfer civil actions with common issues of fact ""to any district for coordinated or consolidated pretrial proceedings,"" but provides that the Panel ""shall"" remand any such action to the original district ""at or before the conclusion of such pretrial proceedings."" After claims against it were dismissed, Lexecon brought suit against Milberg Weiss Bershad Hynes & Lerach and others (Milberg) in the class action lawsuit in the Northern District of Illinois. Ultimately, the Panel, under section 1407(a), ordered the case transferred to the District of Arizona. Afterwards, Lexecon moved for the Arizona District Court to remand the case to Illinois. Milberg filed a countermotion requesting the Arizona District Court to invoke section 1404(a) to ""transfer"" the case to itself for trial.Ultimately, the court assigned the case to itself and the Court of Appeals affirmed its judgment. +" +TEST_0002,"No. 07-582 Title: Federal Communications Commission, et al.","Fox Television Stations, Inc., et al.","In 2002 and 2003, Fox Television Stations broadcast the Billboard Music Awards, an annual program honoring top-selling musicians. During the broadcasts, one musician used an explicative in his acceptance speech, and a presenter used two expletives. The Federal Communications Commission (FCC), although it had previously taken the position that such fleeting and isolated expletives did not violate its indecency regime, issued notices of liability to Fox for broadcasting the profane language. The FCC argued that previous decisions referring to ""fleeting"" expletives were merely staff letters and dicta and did not accurately represent its position on the matter. Fox appealed the FCC sanctions to the U.S. Court of Appeals for the Second Circuit. +The Second Circuit held that the FCC's liability order was ""arbitrary and capricious"" under the governing Administrative Procedure Act because the FCC had completely reversed its position on fleeting expletives without giving a proper justification. The Second Circuit also failed to find any evidence that the expletives were harmful. +" +TEST_0003,Harold Kaufman ,United States,"During his trial for armed robbery of a federally insured savings and loan association, Harold Kaufman admitted to the crime but unsuccessfully claimed insanity. He was convicted and the U.S. Court of Appeals for the Eighth Circuit affirmed. Kaufman then filed a post-conviction motion in district court challenging the evidence that proved his sanity. He alleged that the evidence was unlawfully seized in violation of the Fourth Amendment. The district court denied relief, holding that unlawful search and seizure was not an available attack in post-conviction proceedings. The Eighth Circuit affirmed. +" +TEST_0004,Berger,Hanlon,"In 1993, a magistrate judge issued a warrant authorizing the search of Paul and Erma Berger's Montana ranch for evidence of the taking of wildlife in violation of federal law. Later, a multiple-vehicle caravan consisting of government agents and a crew of photographers and reporters from CNN proceeded to the ranch. In executing the warrant, the federal officers allowed the media crew to accompany and observe them. Subsequently, the Berger's filed suit, asserting that the officials, special agents of the United States Fish and Wildlife Service and an assistant United States attorney, had violated their rights under the Fourth Amendment. The District Court concluded that the officials were entitled to qualified immunity, as no clearly established law protecting individuals from the commercial recording of a search of their premises existed at the time. The Court of Appeals reversed. +" +TEST_0005,Air Line Pilots Association,Miller,"The Air Line Pilots Association (ALPA), a private-sector labor organization, represents pilots employed by Delta Air Lines. The collective-bargaining agreement between ALPA and Delta includes an ""agency shop"" clause that requires nonunion Delta pilots to pay ALPA a monthly service charge for representing them. 153 Delta pilots challenged in federal-court action the manner in which ALPA calculated agency fees. Under ALPA policy pilots who object to the fee calculation may request arbitration proceedings. When 174 Delta pilots filed objections to the agency-fee calculation, the ALPA treated the objections as requests for arbitration. The arbitrator sustained ALPA's calculation. The District Court concluded that the pilots seeking to challenge the fee calculation must exhaust arbitral remedies before proceeding in court. The Court of Appeals reversed the District Court. It found no legal basis for requiring objectors to arbitrate agency-fee challenges when they had not agreed to do so. +" +TEST_0006,Traffic Stream (BVI) Infrastructure Ltd.,JPMorgan Chase Bank,"Traffic Stream (BVI) Infrastructure Ltd. is a corporation organized under the laws of the British Virgin Islands (BVI), an Overseas Territory of the United Kingdom. In 1998, Chase Manhattan Bank, now JPMorgan Chase Bank, agreed to finance certain Traffic Stream ventures, with the contract to be governed by New York law and with Traffic Stream agreeing to submit to the jurisdiction of federal courts in Manhattan. Subsequently, Chase sued Traffic Stream for defaulting on its obligations. The District Court found subject-matter jurisdiction under the alienage diversity statute, 28 USC section 1332(a)(2), which gives district courts jurisdiction over civil actions where the controversy is ""between citizens of a State and citizens or subjects of a foreign state,"" and granted Chase summary judgment. In reversing, the Court of Appeals found that, because Traffic Stream was a citizen of an Overseas Territory and not an independent foreign state, jurisdiction was lacking. +" +TEST_0007,NRG Power Marketing LLC et al.,Maine Public Utilities Commission et al.,"The Maine Public Utilities Commission along with the attorneys general of Connecticut and Massachusetts filed for petitions of review of orders of the Federal Energy Regulatory Commission (FERC). FERC approved a settlement and redesigned New England's ""capacity"" electricity market, which Maine, Connecticut, and Massachusetts were subject to, even though they were not parties to the settlement. FERC denied their request for rehearing. +On appeal to the U.S. Court of Appeals for the District of Columbia, Maine, Connecticut, and Massachusetts argued that FERC erred in finding that ""transition payments"" under the settlement should be reviewed under the ""public interest"" standard as dictated by Mobile-Sierra rather than the ""just and reasonable"" standard. The District of Columbia Circuit agreed holding that the Mobile-Sierra doctrine should not apply to non-parties to the settlement agreement. It reasoned that the Mobile-Sierra doctrine is premised on the existence of a ""voluntary contract"" between the parties. Maine, Connecticut, and Massachusetts never entered a voluntary agreement with FERC and therefore the standard was inappropriate. +" +TEST_0008,United States,Deondery Chambers,"Deondery Chambers pled guilty to being a felon in possession of a firearm in an Illinois federal court. After finding that Chambers had committed three previous crimes of violence, the judge sentenced him to 188 months in prison. The judge based his sentencing decision on the Armed Career Criminals Act (ACCA) which defines a crime of violence as any crime posing a serious risk of potential injury to another and imposes a sentencing hike on a defendant with three such convictions on his record. On appeal, Chambers argued that one of the prior convictions, for felonious escape under Illinois law, should not qualify as a crime of violence under the ACCA. +The U.S. Court of Appeals for the Seventh Circuit refused to grant Chambers relief. Finding that Chambers had ""knowingly fail[ed] to report to a penal institution"" on several occasions, the equivalent of an actual escape under Illinois law, the court affirmed his sentence. Although the court determined that its precedents compelled such a ruling, the opinion indicated that more research would be needed to determine the desirability of classifying all escapes and failures to report as crimes of violence. For the time being, however, the court perpetuated Illinois' rule that felonious escape of any kind qualifies as a crime of violence for the purposes of the ACCA. +" +TEST_0009,United States Catholic Conference,"Abortion Rights Mobilization, Inc.","Abortion Rights Mobilization, Inc. and a collection of tax-paying and tax-exempt abortion rights supporters (ARM) sued the Secretary of the Treasury, the Commissioner of Internal Revenue, the United States Catholic Conference, and the National Conference of Catholic Bishops (Conferences). ARM alleged that the Conferences participated in political activities in violation of U.S. laws governing tax-exempt organizations and that this participation created an unfair advantage over other, rule-abiding tax-exempt groups and infringed upon the plaintiffs’ ability to participate in the political process as voters. After the court granted the Conferences motion to be dismissed as parties to the suit for lack of subject matter jurisdiction, ARM sought financial documents and other information from the Conferences to support their claims against the remaining defendants. When the Conferences refused to comply, the district court held them in civil contempt. On appeal, the Conferences contended that ARM lacked standing to bring its case against the government officials and, therefore, the court did not have the power to issue the contempt citation under Article III. The U.S. Court of Appeals for the Second Circuit affirmed and held that witnesses may challenge a contempt citation only on the grounds that the issuing court lacked jurisdiction to hear the underlying dispute. +  +" +TEST_0010,Bobby Lee Holmes,South Carolina,"Bobby Lee Holmes was sentenced to death after he was convicted of murder and several other crimes. At trial, he was not permitted to introduce evidence suggesting that another person had committed the crimes. +Under South Carolina law, defendants ""seeking to present evidence of third-party guilt must [limit the evidence] to such facts as are inconsistent with his own guilt, and to such facts as raise a reasonable inference or presumption as to his own innocence."" Evidence that merely casts a bare suspicion on another person is not admissible. Using this standard, the South Carolina Supreme Court affirmed the trial court's decision not to allow the evidence. +" +TEST_0011,Department of Agriculture,"Marvin D. Horne, et al.","The Agricultural Marketing Agreement Act of 1937 (AMAA) was enacted to protect farmers from radical fluctuations in the market. The AMAA allows the Secretary of Agriculture to impose production quotas or supply limitations on products as needed. Refusal to comply with these orders can result in civil and criminal penalties. The orders only applied to ""handlers,"" those who process and package the products for distribution. The Raisin Marketing Order of 1949 created reserve-tonnage, a percentage of raisins that must be turned over the government each year. +Marvin and Laura Horne were raisin producers living in California who implemented a system to bring their raisins to market without handlers to avoid the AMAA. The Administrator of the Agricultural Marketing Service initiated an enforcement action against the Hornes for failure to comply with the orders. The Administrative Law Judge held that the Hornes should be subject to the Order under the auspices of the AMAA. The Judicial Officer affirmed the decision and held the Hornes liable. The Hornes filed for judicial review in district court, and the court granted summary judgment for the Department of Agriculture. +The United States Court of Appeals for the Ninth Circuit affirmed and held that it did not have jurisdiction to rule on the Hornes' claim that the Order violated their Fifth Amendment rights under the Takings Clause. The Court held that the Hornes must bring that claim before the Court of Federal Claims, as required by the Tucker Act. +" +TEST_0012,Centennial Savings Bank FSB,United States,"Centennial Savings Bank exchanged interests in one set of mortgage loans for another set of mortgage loans of the same market value. The mortgages were worth substantially less at the time they were exchanged than they had been at the time they were acquired, however, and Centennial reported the difference as lost income on its income tax return. In a separate set of transactions, Centennial collected early withdrawal penalties from customers who withdrew their certificates of deposit before they were scheduled. Centennial reported the early withdrawal penalties as ""income from the discharge ... of indebtedness,"" meaning that it did not need to be reported as income under 26 U.S.C. 108(a)(1)(C). +With regard to the exchanged mortgages, the IRS did not allow the deduction, ruling that the properties exchanged had not been ""materially different"" and that the exchange therefore did not actually produce a reportable loss. With regard to the withdrawal penalties, the IRS ruled that they had to be reported as income. Centennial took the issue to federal District Court, where a judge ruled for the IRS on the mortgage exchange issue but for Centennial on the withdrawal penalty one. The Fifth Circuit Court of Appeals reversed the mortgage exchange holding and upheld the withdrawal penalty holding, siding with Centennial on both issues. +" +TEST_0013,Umbehr,"Board of County Commissioners, Wabaunsee County, Kansas","Umbehr was an independent trash-hauling contractor for Wabaunsee County, Kansas. He frequently criticized the County's Board of Commissioners (the Board). When the Board voted to terminate his contract, supposedly because the Board grew tired of his constant criticisms, Umbehr filed suit against two of the Board's members. Umbehr alleged that his termination resulted from his criticisms of the Board and, therefore, infringed on his First Amendment right to freedom of speech. On appeal from the District Court's grant of summary judgment to the Board, the Tenth Circuit reversed and the Supreme Court granted Umbehr's petition for certiorari. +" +TEST_0014,UNUM Life Insurance Company of America,Ward,"UNUM Life Insurance Company of America (UNUM) issued a long-term group disability policy to Management Analysis Company (MAC) as an insured welfare benefit plan governed the Employee Retirement Income Security Act of 1974 (ERISA). The policy provides that proof of claims must be furnished to UNUM within one year and 180 days after the onset of disability. John E. Ward, a California MAC employee, became permanently disabled in May 1992. Ward informed MAC of his disability in late February or early March 1993. UNUM received proof of Ward's claim on April 11, 1994. Ward was notified that his claim was denied as untimely because his notice was late under the terms of the policy. Ward then filed suit under ERISA's civil enforcement provision to recover the disability benefits provided by the plan. Ward argued that, under California's common-law agency rule, an employer administering an insured group health plan should be deemed to act as the insurance company's agent; therefore, his notice of permanent disability to MAC, in late February or early March 1993, sufficed to supply timely notice to UNUM. The District Court rejected Ward's argument and ruled in favor of UNUM, citing ERISA's preemption clause, which states that ERISA provisions ""shall supersede ... State laws"" to the extent that those laws ""relate to any employee benefit plan."" In reversing, the Court of Appeals noted that Ward might prevail under California's ""notice-prejudice"" rule, under which an insurer cannot avoid liability although the proof of claim is untimely, unless the insurer shows it suffered actual prejudice from the delay. +" +TEST_0015,Saffold,Carey,"The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) requires a state prisoner seeking federal habeas relief to file his petition within one year after his state conviction becomes final, but excludes from that period the time during which an application for state collateral review is pending. In 1990, Tony Saffold was convicted and sentenced in California state court for murder, assault with a firearm, and robbery. Saffold filed a state habeas petition in California seven days before the federal deadline. Five days after the state trial court denied his petition, Saffold filed a further petition in the State Court of Appeal. Four and one-half months after that petition was denied, Saffold filed a further petition in the State Supreme Court, which denied the petition on the merits and for lack of diligence. The Federal District Court dismissed Saffold's subsequent federal habeas petition as untimely, finding that the federal statute of limitations was not tolled during the intervals between the denial of one state petition and the filing of the next because no application was pending during that time. In reversing, the Court of Appeals found that Saffold's petition was timely because the State Supreme Court based its decision not only on lack of diligence, but also on the merits. +" +TEST_0016,United States,United States District Court for the Eastern District of Michigan,"Investigating three people it suspected of conspiring to destroy government property and bombing a Central Intelligence Agency office, officials used electronic surveillance to record suspects' conversations. The wiretapping was conducted without a search warrant. +" +TEST_0017,"National Organization for Women, Inc.",Scheidler,"The National Organization for Women (NOW) sued a coalition of anti-abortion groups called the Pro-Life Action Network (PLAN) under the Racketeer Influenced and Corrupt Organizations (RICO) Act. N.O.W. alleged that Scheidler and other anti-abortion protesters were members in a nationwide conspiracy to obstruct women's access to abortion clinics through a pattern of racketeering activity including the actual or implied threat of violence. The District Court dismissed the suit, holding that the voluntary contributions are not proceeds of racketeering and that a ""racketeering enterprise"" must have an economic motive, a fact that NOW could not demonstrate. The Court of Appeals affirmed and the Supreme Court granted certiorari. +" +TEST_0018,Marmet Health Care Center,Brown,"These are two consolidated case involving negligence suits against nursing homes in West Virginia. In both cases, the children of nursing home patients signed an agreement with the nursing home requiring arbitration for any disputes. In both cases, the patients died under the nursing homes' care and the children sued in state court for negligence. The trial court dismissed both suits because of the arbitration agreements. The Supreme Court of West Virginia reversed, holding that the forcing arbitration for personal injury and wrongful death cases violated public policy. The court also held that the Federal Arbitration Act (FAA) did not preempt state public policy despite recent U.S. Supreme Court precedent to the contrary. +" +TEST_0019,Walter A. Rothgery,"Gillespie County, Texas","Walter Rothgery was arrested in Texas as a felon in possession of a firearm. Rothgery was taken before a judge for processing and, upon learning that seeking legal assistance would delay the proceedings, waived his Sixth Amendment right to counsel. No prosecutor was present at this hearing. Rothgery posted bail and was released, but was rearrested after a grand jury indictment several months later hiked his bail to a sum he could not afford. Throughout this entire period Rothgery continued to pursue legal counsel and only obtained such counsel approximately one week after the grand jury indictment. Rothgery's attorney produced evidence that Rothgery was in fact not a felon and he was released from custody. Rothgery brought suit against Gillespie County, TX for violating his civil rights by not appointing counsel as required under the Sixth Amendment. +Both the district court and the Fifth Circuit rejected his claim, the Fifth Circuit stating that Rothgery's Sixth Amendment rights were not implicated because no prosecutor was present at the initial hearing. In his petition for certiorari, Rothgery argued that both federal and state case law indicate that the Sixth Amendment right to counsel applies to any hearing where a defendant is advised of his rights and the charges against him, regardless of whether or not a prosecutor is present. +" +TEST_0020,Federal Power Commission,Tennessee Gas Transmission Company,"In 1959, Tennessee Gas Transmission Company filed a 7% proposed rate increase across all six of its zones with the Federal Power Commission. The rate increase was based on the expected cost of service and rate of return. The Commission imposed a five-month suspension period while hearings were conducted to determine whether the rate increase was reasonable. At the end of five months, the new rates would be applied, but they were subject to refund if the hearings found a reasonable rate lower than 7%. On August 9, 1960, the Commission found that only a 6 1/8% increase was reasonable and that Tennessee Gas must provide refunds.  +Tennessee Gas challenged the ruling by arguing that requiring a refund prior to a final determination of cost made the company unable to recoup its 6 1/8%. Because Tennessee Gas spreads its rates differently across the different zones, there are certain zones in which the refund would be greater than the value of the new rate. The United States Court of Appeals for the Fifth Circuit found in favor of Tennessee Gas. +" +TEST_0021,"Wall-Street.com, LLC, et al.",Fourth Estate Public Benefit Corporation,"Fourth Estate Public Benefit Corporation is a news organization that produces online journalism and licenses articles to websites while retaining the copyright to the articles. Wall-Street.com obtained licenses to several articles produced by Fourth Estate, and under the license agreement, Wall-Street was required to remove all of the content produced by Fourth Estate from its website before cancelling its account. However, when Wall-Street cancelled its account, it continued to display the articles produced by Fourth Estate. +Fourth Estate filed a lawsuit for copyright infringement, although it filed an application to register its allegedly infringed copyrights and the copyright office had not yet registered its claims. The district court dismissed the action, finding “registration” under Section 411 of the Copyright Act required that the register of copyrights “register the claim,” and that step had not occurred. The Eleventh Circuit affirmed. +  +" +TEST_0022,United States Patent and Trademark Office,Booking.com B.V.,"Booking.com operates a website on which customers can make travel and lodging reservations and has used the name BOOKING.COM since at least 2006. In 2011 and 2012, Booking.com filed with the U.S. Patent and Trademark Office (USPTO) four trademark applications for the use of BOOKING.COM as a word mark and for stylized versions of the mark. +Under the Lanham Act, marks must be “distinctive” to be eligible for protection, and generic terms are not distinctive. The USPTO examiner rejected Booking.com’s applications, finding that the marks were not protectable because BOOKING.COM was generic as applied to the services for which it sought registration (online hotel reservation services, among others). +The Lanham Act also allows protection for “descriptive” terms that have acquired secondary meaning, or a mental association in the minds of consumers between the proposed mark and the source of the product or service. In the alternative, the USPTO concluded that the marks were merely descriptive and that Booking.com had failed to establish that they had acquired secondary meaning as required for trademark protection. +Booking.com appealed to the Trademark Trial and Appeal Board, which affirmed the rejection of Booking.com’s applications. The Board found that BOOKING.COM was a generic term for these types of services and therefore ineligible for trademark protection. Because “booking” generically refers to “a reservation or arrangement to buy a travel ticket or stay in a hotel room” and “.com” indicates a commercial website, the Board reasoned that consumers would understand the resulting term “BOOKING.COM” to refer to an online reservation service for travel—the very services proposed in Booking.com’s applications. The district court reversed, ruling Booking.com had acquired secondary meaning. A panel of the U.S. Court of Appeals for the Fourth Circuit the district court's reversal. +" +TEST_0023,Lonnie Lee Burton,"Belinda Stewart, Superintendent, Stafford Creek Corrections Center","Burton was convicted of burglary, robbery, and rape. Under the standard state sentencing guidelines, the burglary and robbery alone warranted the maximum sentence for a single criminal event. In order to make sure the rape was punished as well, the trial judge added a consecutive sentence for the rape to the standard sentence. +Burton filed a habeas corpus petition challenging his sentence in federal court. He argued that under Blakely v. Washington, handed down after his conviction, the jury rather than the judge should have decided whether to add the extra sentence. The government argued that the holding in Blakely was a ""new rule."" Under the Court's decision in Teague v. Lane, new rules of criminal procedure do not apply retroactively. Burton countered that the relevant rule was actually established in Apprendi v. New Jersey, a decision handed down before his conviction became final. Burton also argued that even if Blakely is a new rule, it is essential for a fair trial. New rules that are essential for the fundamental fairness of trials can apply retroactively. +The Ninth Circuit Court of Appeals ruled against Burton. The Appeals Court held that Blakely was a new rule, so it could not be used by Burton in his appeal. +" +TEST_0024,"American Trucking Associations, Inc.","The City of Los Angeles, the Harbor Department of the City of Los Angeles, and the Board of Harbor Commissioners of the City of Los Angeles","In 1997, the Port of Los Angeles (""the Port"") introduced a plan to expand its cargo terminals to better accommodate its high shipping volume. Following public concern that the plan could significantly increase air pollution, the Board of Harbor Commissioners adopted a Clean Air Action Plan (""CAAP""). The CAAP aimed to reduce emissions and specifically targeted the Port's drayage truck business. Roughly 16,000 drayage trucks regularly serve the Port, transporting goods between customers and the cargo terminals. Beginning in 2008, the CAAP banned drayage trucks from the Port, unless the carriers entered into a series of concession agreements. These agreements imposed a progressive ban on older trucks and provided incentives for drayage truck operators to convert their aging fleets to cleaner trucks. +American Trucking Associations (""ATA""), a national association of motor carriers, challenged several provisions within the concession agreements and brought suit against the City of Los Angeles and its Harbor Department. ATA argued that the Federal Aviation Administration Authorization Act (""FAAA"") preempted the agreements. The FAAA Act prohibits a state from enacting any regulation related to the ""price, route, or service of any motor carrier."" ATA claimed that the concession agreements amounted to such a regulation. ATA further argued that the State could not limit a federally licensed motor carrier's access to a port. +The district court disagreed with ATA and held that none of the provisions were preempted; ATA appealed. The United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part. The appellate court determined that when the Port was acting as a market participant, rather than a market regulator, the FAAA Act did not apply. ATA appealed to the Supreme Court of the United States, which granted certiorari limited to the two questions below. +" +TEST_0025,"Jerry Weast, Superintendent, Montgomery County Public Schools, et al.","Brian Schaffer, a minor, by his parents and next friends, Jocelyn and Martin Schaffer, et ux, et al.","The parents of Brian Schaffer, a disabled child, sued their public school district under the Individuals with Disabilities Education Act (IDEA). Schaffer's parents claimed the Individualized Education Program that the school system devised for their son, and which IDEA required for each disabled student, was inadequate. The district court ruled for the Schaffers, but the Fourth Circuit reversed, holding that the lower court incorrectly assigned the burden of proof to the school system. Because IDEA was silent on whether the parents or the school system bear the burden of proof, the Fourth Circuit held, the general rule that the party initiating the suit bears that burden should be applied. +" +TEST_0026,"Cowpasture River Association, et al.","United States Forest Service, et al.","The Appalachian Trail spans over 2,000 miles, from Maine to Georgia, with approximately 1,000 miles of the Trail crossing through lands within national forests. Under the National Trails System Act, the Secretary of the Interior has the responsibility to administer the trail and that responsibility may not be transferred to any other federal agencies. The Mineral Leasing Act grants the U.S. Forest Service the authority to grant certain rights-of-way through lands in the National Forest System, but no federal agency has the authority to grant equivalent rights-of-way through lands in the National Park System. +In 2017, the Federal Energy Regulatory Commission granted Atlantic Coast Pipeline LLC (Atlantic) authorization to construct, operate, and maintain a natural gas pipeline that would cross the Appalachian Trail at points located within the George Washington and Monogahela National Forests. After a review process, the Forest Service authorized Atlantic to proceed with construction of the pipeline, finding it had authority under the Mineral Leasing Act to grant a right-of-way for the pipeline and that the pipeline “would have no long lasting impacts” on the Trail. +Cowpasture River Preservation Association and others filed a petition in the U.S. Court of Appeals for the Fourth Circuit for review of the Forest Service’s record of decision and special use permit. The court granted the petition, vacated the record of decision and special use permit, and remanded to the Forest Service. Notably, the court determined that the Forest Service lacked authority to grant the right-of-way under the Mineral Leasing Act because the Appalachian Trail is a “unit” of the National Park System. The court determined that the Mineral Leasing Act “specifically excludes” the Trail “from the authority of the Secretary of the Interior ‘or appropriate agency head’ to grant pipeline rights of way.” +The Court consolidated this case for oral argument with U.S. Forest Service v. Cowpasture River Preservation Association, No. 18-1584. +" +TEST_0027,Estate of Ahmad Uthman Shabazz and Sadr-Ud-Din Nafis Mateen,Edward O'Lone,"Ahmad Uthman Shabazz and Sadr-Ud-Din Nafis Mateen were inmates in New Jersey’s Leesburg State Prison. The prison classified inmates depending on the security risk each posed. Due to their classification, Shabazz and Mateen were assigned to a prison job outside of the main prison building and were not allowed to return to the main prison building during the workday. Because of these restrictions neither men, both of whom were practicing Muslims, were able to attend Juamu’ah, a weekly religious service held on Fridays. +The two men sued the prison and argued that the work policies infringed on their First Amendment rights to free exercise of religion. The federal district court found in favor of the prison and held that the prison policies plausibly advanced the goals of security, order, and rehabilitation. The U.S. Court of Appeals for the Third Circuit reversed the lower court’s ruling and held that the prison was required to show that there was no other reasonable method by which the inmate’s religious rights could be accommodated without creating actual security problems. +  +" +TEST_0028,Florida Star,Betty Jean Freeman,"A reporter for the Florida Star wrote and printed an article about Betty Jean Freedman’s rape, including her full name. The reporter obtained all of his information, including the victim’s name, from the police report. The police department did not restrict access to the pressroom or police reports, but there were several signs in the area instructing not to print victim’s names. The newspaper also had a policy of not printing the full names of victims. After the article ran, Freedman and her family received several threatening phone calls, and Freedman sought mental counseling and police protection. Freedman sued, claiming emotional distress. The district court found Florida Star guilty of negligence under a Florida law that prohibits publishing the name of a victim of a sexual offense in any instrument of mass communication. The court awarded Freedman compensatory and punitive damages. The district court of appeal affirmed and the Supreme Court of Florida denied review. +" +TEST_0029,Gordon,Trimble,"Section 12 of the Illinois Probate Act, while allowing legitimate children to inherit by intestate succession from either their mothers or fathers, allowed illegitimate children to inherit by intestate succession only from their mothers. Consequently, Deta Trimble, the illegitimate daughter of Sherman Gordon, was unable to inherit her father's estate when he died intestate. After losing her challenge to Section 12 in the Illinois Supreme Court, Trimble appealed to the Supreme Court. +" +TEST_0030,Thomas,Lonchar,"Larry Grant Lonchar was sentenced to death for murder nine years ago. After the affirmance of Lonchar's conviction and sentence, his sister and brother filed ""next friend"" state habeas corpus petitions. Lonchar opposed both. Lonchar then filed a state habeas corpus petition, which was dismissed. Shortly before Lonchar's scheduled execution, he filed another state habeas corpus petition. When the petition was denied, Lonchar filed an ""eleventh hour"" federal petition, his first, on the day of his scheduled execution. The District Court held that Lonchar's conduct in waiting almost nine years to file his federal petition did not constitute an independent basis for rejecting the petition and granted a stay to permit time for consideration of other grounds for dismissal raised by the State. The court had reasoned that federal Habeas Corpus Rule 9, not some generalized equitable authority to dismiss, governed the case. The Court of Appeals vacated the stay. Setting aside the Rules and traditional habeas doctrine, the court held that equitable doctrines independent of Rule 9 applied and it concluded that Lonchar did not merit equitable relief. +" +TEST_0031,American Manufacturers' Mutual Insurance Company,Sullivan,"Pennsylvania's Workers' Compensation Act (Act) provides that once an employer's liability for an employee's injury has been established, then either the self-insured employer or insurer (collectively insurers) is responsible for paying for the employee's ""reasonable"" and ""necessary"" medical treatment. In 1993, this system was amended to allow insurers to withhold payment for disputed treatments, pending the outcome of an independent utilization review. Ten employees and two organizations representing employees that had received benefits under the Act filed suit against state officials, the self-insured school district of Philadelphia, and a number of private insurance companies. Their complaint alleged that the state and private defendants, acting under color of state law, had deprived them of property in violation of due process. +" +TEST_0032,Webster Bivens ,Six Unknown Named Agents of Federal Bureau of Narcotics,"In 1965, six agents of the Federal Bureau of Narcotics forced their way into Webster Bivens’ home without a warrant and searched the premises. The agents handcuffed Bivens in front of his wife and children and arrested him on narcotics charges. Later, the agents interrogated Bivens and subjected him to a visual strip search. Bivens sued the agents for $15,000 in damages each for humiliation and mental suffering. The district court dismissed the complaint for failure to state a cause of action. The U.S. Court of Appeals for the Second Circuit affirmed. +" +TEST_0033,Virginia,Mark A. Briscoe and Sheldon A. Cypress,"This appeal is the consolidation of three separate cases that involved defendants' conviction for possession of cocaine in a Virginia state court. On appeal, the defendants argued that the admission into evidence of a certificate of analysis in the absence of testimony at trial from the person who performed the analysis and prepared the certificate, pursuant to Virginia Code Section 19.2-187, violated the Confrontation Clause of the Sixth Amendment. The Supreme Court of Virginia disagreed, holding that the provisions of Section 19.2-187 did not violate a defendant's Confrontation Clause rights. Moreover, the court held that the defendants in these cases knowingly, intelligently, and voluntarily waived their Sixth Amendment rights to confront the forensic analysts when they failed to call them as witnesses at trial. +" +TEST_0034,Olivea Marx,General Revenue Corporation,"Elenea Marx defaulted on her student loans. In September 2008, her guarantor, EdFund, a division of the California Student Aid Commission, hired the General Revenue Corporation (""GRC"") to collect on the account. That same month, a GRC agent faxed Marx's employer a form displaying basic contact information for GRC. It also left blanks for the employer to fill in information about the employee's employment status and other related information. +The Fair Debt Collection Practices Act (""FDCPA"") prohibited communications with third parties in connection with the collection of debt. It also allowed courts to award costs to prevailing defendants in actions brought in bad faith and for the purpose of harassment. Rule 54(d) of the Federal Rules of Civil Procedure, however, prevented courts from awarding courts if a statute provided otherwise. Marx sued GRC in October 2008, alleging abusive and threatening phone calls in violation of the FDCPA. She amended her complaint in March 2009 to add a claim that GRC violated the FDCPA by sending the fax to her workplace to request employment information. +The district court dismissed her complaint, holding that the fax was not a ""communication"" within the meaning of the act, and ordering Marx to pay court costs. The United States Court of Appeals, Tenth Circuit, affirmed with one dissent, holding that the fax was not a communication. The Tenth Circuit also held that the act did not prevent courts from awarding costs to prevailing defendants. Marx's petition for an en banc rehearing was denied. +" +TEST_0035,Alabama,"Ralph D. Abernathy, et al.","In 1961, the city of Montgomery, Alabama, was under martial law as a result of the riots that started when groups of Freedom Riders arrived at the Greyhound Bus Station. On May 25, 1961, a military convoy escorted Ralph D. Abernathy, an African-American pastor from Montgomery, and 10 others (both African-American and white) to the bus terminal. The group purchased tickets, and all 11 went to sit at the lunch counter. There were at least 30 people in the station and several hundred people outside who could see through the plate-glass windows to the lunch counter. Given the tense atmosphere in the city and particularly at the bus station, Colonel Poarch of the National Guard directed the Sheriff of Montgomery County to arrest the eleven men. In his opinion, their actions seemed “calculated to provoke a breach of the peace.” +Abernathy was convicted in the Circuit Court of Montgomery County on charges of disturbing the peace and unlawful assembly. He appealed the case and argued that his Fourteenth Amendment rights were violated. The Court of Appeals of the State of Alabama affirmed the conviction. The Supreme Court of Alabama denied the petition for a writ of certiorari. +" +TEST_0036,Chandler,Florida,"Two Miami Beach police officers were charged with burglarizing a local restaurant. Their trial gained much media attention. Local television stations televised a small portion of the trial, thanks to a recent Florida Supreme Court decision which permitted (with certain restrictions) electronic media to record judicial proceedings. Officers Chandler and Granger objected to the coverage and were found guilty as charged. +" +TEST_0037,McRae,Harris,"In 1965, Congress established the Medicaid program, via Title XIX of the Social Security Act, to provide federal financial assistance to states that chose to reimburse certain costs of medical treatment for needy persons. Beginning in 1976, Congress passed a number of versions of the ""Hyde Amendment"" that severely limited the use of federal funds to reimburse the cost of abortions under the Medicaid program. Cora McRae, a pregnant Medicaid recipient, challenged the Amendment and took action against Patricia R. Harris, Secretary of Health and Human Services. +" +TEST_0038,O'Sullivan,Boerckel,"After Darren Boerckel's state convictions of rape, burglary, and aggravated battery were affirmed by the Illinois Appellate Court and the Illinois Supreme Court denied his petition for leave to appeal, he filed a federal habeas corpus petition. The petition asked for relief on six grounds: (1) that Boerckel had not knowingly and intelligently waived his Miranda rights; (2) that his confession was not voluntary; (3) that the evidence against him was insufficient to sustain the conviction; (4) that his confession was the fruit of an illegal arrest; (5) that he received ineffective assistance of counsel at trial and on appeal; and (6) that his right to discovery of exculpatory material was violated. In denying the petition, the District Court found that Boerckel had procedurally defaulted his first three claims by failing to include them in his petition to the Illinois Supreme Court. In reversing and remanding, the Court of Appeals concluding that Boerckel had not procedurally defaulted those claims because he was not required to present them in a petition for discretionary review to the Illinois Supreme Court in order to satisfy 28 U. S. C. Sections 2254(b)(1), (c), the exhaustion requirement. Under the exhaustion requirement federal habeas relief is available to state prisoners only after they have exhausted their claims in state court. +" +TEST_0039,United States,Muscarello,"18 USC section 924(c)(1) subjects a person who ""uses or carries a firearm"" ""during and in relation to"" a ""drug trafficking crime"" to a 5-year mandatory prison term. In 96-1654, police officers found a handgun locked in Frank J. Muscarello's truck's glove compartment. Muscarello was transporting marijuana for sale in his truck. Muscarello argued that his ""carrying"" of the gun in the glove compartment did not fall within the scope of the statutory word ""carries."" In 96-8837, federal agents found drugs and guns in Donald Cleveland and Enrique Gray-Santana's car at a drug-sale point. The Court of Appeals, in both cases, found that the defendants had violated section 924(c)(1). +" +TEST_0040,"Michael Yarborough, Warden",Michael Alvarado,"Police interviewed Michael Alvarado, 17, without his parents at a police station about his involvement in a crime. Police neither arrested nor Mirandized Alvarado. During the interview, Alvarado confessed involvement. Based, in part, on these statements, Alvarado was convicted of second-degree murder and attempted robbery. After failed appeals in the California courts, Alvarado unsuccessfully sought a writ of habeas corpus in federal district court in California. The Ninth Circuit Court of Appeals reversed. Recognizing the ""in custody"" standard to be whether a reasonable person would feel free to end interrogation, the appeals court held that a juvenile is more likely to feel he is in custody. Because Alvarado was ""in custody,"" the Fifth Amendment required that his rights under Miranda v. Arizona (1966) be read to him. +" +TEST_0041,Dariush Elahi,Ministry of Defense and Support for Armed Forces of Islamic Republic of Iran,"In 1977, the Iranian Ministry of Defense entered into an agreement with an American defense contractor for the purchase of military equipment to be used by the Iranian Air Force. After the Iranian Revolution of 1979, the American company breached its contract with Iran and sold the equipment elsewhere. Iran requested arbitration before the International Chamber of Commerce (ICC) and received $2.8 million in damages for breach of contract. Iran then reduced the award to a judgment in the U.S. District Court for the Southern District of California. +Dariush Elahi, brought a wrongful death claim against the Iranian government alleging that Iranian agents had assassinated his brother in Paris in 1990. Elahi was awarded over $300 million in damages by the U.S. District Court for the District of Columbia. He attempted to satisfy this judgment in part by attaching the damages Iran had recovered from the previous contract dispute. Iran argued that the previous recovery was immune from attachment. The U.S. District Court for the Southern District of California held that Iran had waived its immunity from attachment by submitting to the jurisdiction of the ICC and the district court in its prior contract dispute. +The U.S. Court of Appeals for the Ninth Circuit agreed with the district court's ruling but on different grounds. The court held that Elahi could attach the Iranian judgment under Section 201(a) of the Terrorism Risk Insurance Act of 2002, which allows creditors such as Elahi to attach ""the blocked assets of [a] terrorist party."" Eschewing the jurisdiction argument relied on by the district court, the Ninth Circuit characterized Iran as a ""terrorist party"" and held that the contract judgment was a ""blocked asset"" subject to attachment. +" +TEST_0042,"Director, Office of Workers' Compensation Programs","Ingalls Shipbuilding, Inc.","After being exposed to asbestos while working for Ingalls Shipbuilding as a shipfitter, Jefferson Yates filed a claim for disability benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). While Ingalls and Yates settled, Yates also sued the manufacturers and suppliers of the asbestos products that were allegedly present in his workplace when he contracted asbestosis. Yates also settled with some of the manufacturers and suppliers he sued, each of whom required releases from Yates and his wife. Ingalls did not approve of any releases. When Yates died, his wife then filed for benefits under the LHWCA, which provides, ""If the person entitled to compensation... enters into a settlement with a third person... for an amount less than the compensation to which the person... would be entitled under this [Act], the employer shall be liable for compensation only if written approval of the settlement is obtained from the employer before the settlement is executed."" Ultimately, the Court of Appeals affirmed that at the time Mrs. Yates executed the predeath settlements, she was not a ""person entitled to compensation"" because her husband was still alive, thus her right to death benefits had not yet vested. +" +TEST_0043,"Pulse Electronics Inc., et al.",Halo Electronics,"Halo Electronics, Inc. (Halo) and Pulse Electronics, Inc. (Pulse) are both suppliers of electronic components. Halo owns three patents regarding surface mount electronic packages; Pulse designs and sells surface mount electronic packages and does its manufacturing in Asia. In 2002, Halo unsuccessfully attempted to license their patents to Pulse. In 2007, Halo sued Pulse for patent infringement. The district court held that Pulse infringed on Halo’s patents with products shipped into the United States, had induced others to infringe on products delivered outside of the U.S. but ultimately imported into the U.S. as finished products, and found that it was highly probable that Pulse’s infringement was willful. The court later found that Pulse’s infringement was not willful. The U.S. Court of Appeals for the Federal Circuit affirmed and held that there was no “willful infringement.” In determining that there was no willful infringement, the appellate court applied a rigid two-part test established in In re Seagate that required that willfulness be proven on both an objective and subjective basis. In this case, the appellate court held that the objective prong was not met. This two-part test is similar to one the Supreme Court struck down last term in Octane Fitness, LLc v. ICON Health & Fitness, which dealt with a test for awarding attorneys fees. +In the consolidated case, Stryker Corporation (Stryker) sued Zimmer, Inc. (Zimmer) over patent infringement of medical equipment. Stryker and Zimmer are both competitors in the market for pulsed lavage devices, which deliver pressurized irrigation for certain medical procedures in orthopedic medicine. Stryker holds three patents for pulsed lavage devices that it claimed Zimmer had infringed. The district court found Zimmer liable for patent infringement. The jury awarded Stryker treble damages as allowed under 35 U.S.C. § 284 on the grounds that Zimmer intentionally violated Stryker’s patents. Zimmer appealed to the U.S. Court of Appeals for the Federal Circuit, which requires that the patent-holder prove the infringement was willful to be eligible for treble damages. Therefore, the appellate court overturned the award for treble damages on the grounds that Zimmer did not intentionally violate Stryker’s patents. +" +TEST_0044,Nordlinger,Hahn,"In a statewide ballot, California residents approved the addition of Article XIIIA to their State Constitution. Article XIIIA's ""acquisition value"" provision limited property assessment value increases to two percent, if caused by changes in ownership or new construction improvements. Article XIIIA exempted two types of transfers from this reassessment limit: first, if the principal seller is 55 or older and moved to a home of equal or lower value, and second, when a transfer occurred between parents and children. One of Article XIIIA's effects is that over time the taxes of new property owners, adjusted to reflect recent values, would be substantially higher than long-term property owner's taxes. A new property owner filed suit to challenge the state constitutional amendment. +" +TEST_0045,South Dakota,Opperman,"The respondent, Donald Opperman, left his car unattended in a prohibited parking space in violation of local ordinances in Vermillion, South Dakota. He received two parking tickets from local police officers, and as a result, his vehicle was subsequently inspected and impounded. At the impound lot, a police officer observed personal items in the dashboard of the car and unlocked the door to inventory the items using standard procedures. In the unlocked glove compartment, the officer found marijuana in a plastic bag. Opperman was arrested later that day and charged with possession of marijuana. He was convicted but the Supreme Court of South Dakota reversed on appeal and concluded the search was in violation of the Fourth Amendment. +" +TEST_0046,Hohn,United States,"Arnold Hohn was convicted, among other things, of using or carrying a firearm during and in relation to a drug trafficking offense. Two years after his conviction became final, the Supreme Court decided that the term ""use"" in 18 U.S.C. Section 924(c)(1) required active employment of the firearm. Hohn filed a pro se motion under 28 U.S.C. Section 2255 to vacate his Section 942(c)(1) conviction on the ground that the evidence presented at his trial was insufficient to prove use of a firearm. While his motion was pending before the district court, Congress enacted the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which requires a Section 2255 petitioner to obtain a certificate of appealability from a circuit justice or judge before he can appeal the denial of a Section 2255 petition. 28 U.S.C. Section 2253(c)(1). The district court denied Hohn's petition and he appealed. The court of appeals treated the notice of appeal as an application for a certificate of appealability, and a three-judge panel declined to issue a certificate. Hohn then petitioned the Supreme Court for a writ of certiorari to review the denial of the certificate, seeking to invoke the Court's jurisdiction under 28 U.S.C. Section 1254(1). +" +TEST_0047,Central State Univ.,"American Assn. of Univ. Professors, Central State Univ. Chapter","To increase the amount of time that public university professors spend teaching, Ohio enacted Ohio Rev. Code Ann. section 3345.45. Central State University adopted a workload policy pursuant to section 3345.45. The university then notified its professors that it would not bargain over the issue of faculty workload. The professors' collective-bargaining agent filed a complaint seeking declaratory and injunctive relief, claiming that section 3345.45 created a class of public employees not entitled to bargain regarding their workload and that this classification violated the Equal Protection Clauses of the Ohio and United States Constitutions. In response, the state argued that achieving equal workloads was necessary to recapture the decline in teaching and that collective bargaining produced variation in workloads. The Ohio Supreme Court agreed with the professors and found that no evidence linked collective bargaining to the decline in faculty time devoted to undergraduate teaching. +" +TEST_0048,"Raul Lopez, Warden",Marvin Vernis Smith,"On December 15, 2005, Minnie Smith was found dead in the home she shared with her husband, Marvin Smith. Smith was charged with first-degree murder for the death of his wife. At the end of the trial, the prosecution asked for and received an aiding-and-abetting instruction, which would allow the jury to convict Smith even if they found that he had not delivered the fatal blow. The jury convicted Smith but did not specify which theory of guilt they adopted. The California Court of Appeal affirmed the conviction and rejected Smith's argument that he had not been given adequate notice of the possibility of the aiding-and-abetting instruction. The California Supreme Court denied Smith's petition for review. +Smith filed a petition for habeas relief. The Magistrate Judge recommended granting the relief, and the district court agreed. The U.S. Court of Appeals for the Ninth Circuit affirmed and held that Smith should have been aware that the aiding-and-abetting instruction was possible because under California law aiding and abetting the crime is part of the same substantive offense as the commission of the crime itself. However, the appellate court held that Smith's Sixth Amendment right had been violated because the prosecution had tried the case on a single theory before adding the second instruction at the very end of the trial. In reaching this decision, the appellate court relied on its own precedent, which it claimed faithfully applied Supreme Court precedent. +" +TEST_0049,District of Columbia et al.,Dick Anthony Heller,"Provisions of the District of Columbia Code made it illegal to carry an unregistered firearm and prohibited the registration of handguns, though the chief of police could issue one-year licenses for handguns. The Code also contained provisions that required owners of lawfully registered firearms to keep them unloaded and disassembled or bound by a trigger lock or other similar device unless the firearms were located in a place of business or being used for legal recreational activities. +Dick Anthony Heller was a D.C. special police officer who was authorized to carry a handgun while on duty. He applied for a one-year license for a handgun he wished to keep at home, but his application was denied. Heller sued the District of Columbia. He sought an injunction against the enforcement of the relevant parts of the Code and argued that they violated his Second Amendment right to keep a functional firearm in his home without a license. The district court dismissed the complaint. The U.S. Court of Appeals for the District of Columbia Circuit reversed and held that the Second Amendment protects the right to keep firearms in the home for the purpose of self-defense, and the District of Columbia’s requirement that firearms kept in the home be nonfunctional violated that right. +" +TEST_0050,Charles R. Kokesh,Securities and Exchange Commission,"The Securities and Exchange Commission (SEC) sued Charles Kokesh for violating federal securities law by misappropriating funds from four business development companies. The district court found in favor of the SEC and ordered that Kokesh pay $34.9 million for “the ill-gotten gains causally connected” to Kokesh’s violations. On appeal, Kokesh argued that this “disgorgement” order is barred by the five-year statute of limitations on this type of claim because the SEC brought its action more than five years after the claims accrued. The U.S. Court of Appeals for the Tenth Circuit affirmed the lower court’s ruling. The appellate court held that the five-year statute of limitations did not apply to this case because the ordered payment was remedial rather than punitive in nature. The goal of disgorgement is not to punish a wrongdoer for illegal activity, but rather to return to the rightful owner whatever profits the wrongdoer gained in the course of the illegal activity. Therefore, a disgorgement payment may be ordered so long as the amount “reasonably approximates the ill-gotten gains causally connected to the Defendant’s violations.” +" +TEST_0051,Federal Deposit Insurance Corporation,Philadelphia Gear Corporation,"Orion Manufacturing Corporation (Orion) was a customer of Philadelphia Gear Corporation (PG). To provide a guarantee of payment to PG, Orion obtained a letter of credit for the benefit of PG from Penn Square Bank, N.A. (Bank). If Orion failed to pay an invoice to PG for at least 15 days, PG could draw upon that line of credit, up to $145,200. This type of credit line, meant to guarantee payment to a seller, is referred to as a standby letter of credit. To back up that line of credit, Orion executed an unsecured promissory note in favor of the Bank. This note is referred to as a backup letter of credit. Nothing was due on the backup letter of credit unless PG presented drafts on the standby letter of credit. Thus the backup letter was a contingent promissory note. The Bank did not credit any account of Orion's in exchange for the note, and did not treat its own assets as increased by its acceptance of the note. In 1982, the Bank was declared insolvent and the Federal Deposit Insurance Corporation (FDIC) was appointed its receiver. PG presented drafts on the standby letter of credit for goods delivered before the Bank's insolvency, but the FDIC returned them unpaid. PG sued the FDIC, claiming that the standby letter of credit was an insured deposit under the definition of ""deposit"" set forth at 12 U.S.C. Section 1813(l)(1), and that PG was therefore entitled to $100,000 in deposit insurance. +" +TEST_0052,Michael H. Boulware,United States,"Michael H. Boulware founded a coffee and bottled water company known as Hawaiian Isles Enterprises. As his company became profitable in 1987, he began transferring money – a total of $4.5 million – from his company to his mistress. Seven years later, in the midst of a divorce, his mistress refused to return the money when asked, contending that it was a gift. A Hawaii court eventually held that the woman had been holding the money in constructive trust for the company's benefit. Seven years after that, the federal government indicted Boulware for failing to pay taxes on the disputed funds as well as $6 million more that he had received from the company. Boulware argued that under the ""return of capital"" rule, holding that when unprofitable companies distribute money to shareholders, the money is considered a nontaxable return of capital up to the shareholder's basis in the stock, he owed no taxes. The Ninth Circuit rejected that argument. +" +TEST_0053,McLaughlin,United States,"In the morning of July 26, 1984, Lamont McLaughlin and a companion, both wearing stocking masks, entered a bank in Baltimore. McLaughlin displayed a handgun and ordered everyone in the bank to put his hands up and not to move. While McLaughlin remained in the lobby area holding the gun, his companion placed about $3,400 in a brown paper bag. A police officer apprehended the two as they left the bank. The police then found that McLaughlin's gun was not loaded. Ultimately, McLaughlin pleaded guilty to charges of bank robbery and bank larceny and was found guilty of assault during a bank robbery ""by the use of a dangerous weapon."" The Court of Appeals affirmed. +" +TEST_0054,"Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division",Duane Edward Buck,"In July 1995, Duane Edward Buck was arrested for the murder of his ex-girlfriend, Debra Gardner, and her friend Kenneth Butler. Buck was convicted of capital murder for both of the deaths. During the penalty phase of trial, the prosecution presented evidence of Buck’s future dangerousness based on his criminal history, his conduct, and his demeanor before and after arrest. The defense presented the testimony of a clinical psychologist to evaluate the risk of future dangerousness. That expert stated that he considered demographic factors, including race, in his analysis and that, statistically, minorities are overrepresented in the criminal justice system. On cross-examination, the prosecution clarified that the expert’s opinion was that the race factor “black” increased the likelihood of future dangerousness. The jury found that there was sufficient evidence of Buck’s future dangerousness without any sufficient mitigating factors to justify a life sentence, so the jury sentenced Buck to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence. +Buck filed various claims for state and federal habeas relief that were denied, until the U.S. Supreme Court decided Trevino v. Thaler, which held that Texas’ procedural scheme made it almost impossible to raise ineffective assistance of counsel claims on direct appeal, and therefore that a procedural default on such a claim could be excused. While some of these claims were pending, the state attorney general admitted in a different case that the state should not have called an expert witness to testify about future dangerousness of a defendant based on race and named Buck’s case as one affected by similar testimony. Buck again sought federal habeas relief based on ineffective assistance of counsel because his counsel knowingly called an expert witness who testified that race was a factor in determining future dangerousness. The district court dismissed the claim because Buck failed to show that the outcome of his trial was prejudiced. The U.S. Court of Appeals for the Fifth Circuit similarly denied Buck’s request for a Certificate of Appealability by holding that Buck did not show sufficient extraordinary circumstances to justify relief from the lower court’s judgment. +" +TEST_0055,Denard Stokeling,United States of America,"In 2016, Denard Stokeling pleaded guilty to charges that he was a felon in possession of a firearm and ammunition. He had two previous convictions for robbery in Florida, where an element of that offense was “overcoming victim resistance.” Some state courts have interpreted this offense as requiring only slight force to overcome victim resistance. Stokeling therefore contended that both of his robbery convictions should not qualify as “violent felonies” in the context of enhanced sentencing under the Armed Career Criminal Act, 18 U.S.C. § 924(e), because those convictions did not require a violent use of force. The district court agreed with Stokeling as to one of his convictions. The United States appealed to the 11th Circuit, which vacated Stokeling’s sentence and remanded the case for sentencing as an Armed Career Criminal. +" +TEST_0056,"David J. McManus, Jr., et al.","Stephen M. Shapiro, et al.","In 2011, the Maryland General Assembly enacted a redistricting plan based on the results of the 2010 census. Several of the districts consisted of de-facto non-contiguous segments—discrete segments that would be wholly unconnected but for one or two narrow strips connecting the two—often with largely inconsistent demographics between the two large segments. The plaintiffs were a group of citizens who sued the Chair of the Maryland State Board of Elections (Board) and the State Administrator of the Board and argued that the new districting plan violated their rights to political association and equal representation under the First and Fourteenth Amendments. The defendants moved to dismiss the suit under Federal Rule of Civil Procedure 12(b)(6), which requires that a complaint be plausible on its face and enable the court to draw a reasonable inference of misconduct. The district court granted the motion to dismiss and held that the complaint did no more than imply the mere possibility of misconduct. Therefore, the case did not go before a three-judge panel, as the Three-Judge Court Act requires for cases dealing with congressional districts unless the claim is determined to be insubstantial. The U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal. +" +TEST_0057,"Alberto R. Gonzales, Attorney General",Leroy Carhart et al.,"In 2003, Congress passed and the President signed the Partial-Birth Abortion Ban Act. The controversial concept of partial-birth abortion is defined in the Act as any abortion in which the death of the fetus occurs when ""the entire fetal head [...] or [...] any part of the fetal trunk past the navel is outside the body of the mother."" Dr. Leroy Carhart and other physicians who perform late-term abortions sued to stop the Act from going into effect. The plaintiffs argued that the Act could apply to a more common abortion procedure known as ""D&E"" (""dilation and evacuation""), as well as to the less common ""intact D&E,"" sometimes called D&X (""dilation and extraction""). With this application the Act would ban most late-term abortions and thus be an unconstitutional ""undue burden"" on the right to an abortion, as defined by the Supreme Court in Planned Parenthood v. Casey. The plaintiffs also argued that the Act's lack of an exception for abortions necessary to protect the health of the mother rendered it unconstitutional under the Supreme Court's decision in Stenberg v. Carhart, regardless of Congress's finding in the Act that partial-birth abortions are never medically necessary. +A federal District Court agreed and ruled the Act unconstitutional on both grounds. The government appealed to the Court of Appeals for the Eighth Circuit. The government argued that the Act only bans a narrow category of abortion procedures, and that a health exception is not required when Congress determines that a banned abortion procedure is never necessary for the health of the mother. The Eighth Circuit disagreed and upheld the District Court, ruling that a health exception is required for all bans on abortion procedures when ""substantial medical authority"" supports the necessity of the procedure. The Circuit Court ruled that the ongoing disagreement among medical experts over the necessity of intact D&E abortions was sufficient to establish that the Act was unconstitutional without a health exception. The Circuit Court did not reach the question of whether the Act was so broad as to qualify as an unconstitutional ""undue burden."" +" +TEST_0058,Doe,Connecticut Department of Public Safety,"Connecticut's ""Megan's Law"" requires persons convicted of sexual offenses to register with the Department of Public Safety and requires the Department to post a sex offender registry containing registrants' names, addresses, photographs, and descriptions on the Internet. John Doe, a convicted sex offender who is subject to the law, filed suit, claiming that the law violates the Fourteenth Amendment's Due Process Clause. The District Court enjoined the law's public disclosure provisions. In affirming, the Court of Appeals concluded that such disclosure violated the Due Process Clause because officials did not afford registrants a predeprivation hearing. +" +TEST_0059,Florida,Michael A. Riley,"Michael Riley lived in a mobile home situated on five acres of rural land in Florida. Riley owned a greenhouse that was located behind his home; from the ground, the contents of Riley’s greenhouse were shielded from view by its walls and the trees on his property. In 1984, the Pasco County Sheriff’s office received a tip that Riley was growing marijuana on his property. The investigating officer tried to see into the greenhouse from the ground but could not, so he circled in a helicopter at 400 feet and saw what he believed to be marijuana growing inside. Acting on this information, the investigating officer obtained a search warrant, searched the greenhouse, and found the marijuana. Riley was charged with possession of marijuana. +Riley filed a motion to suppress the evidence obtained in the search. The trial court granted his motion and held that viewing his property from the air violated Riley’s reasonable expectation of privacy. The District Court of Appeal of Florida, Second District, reversed the trial court’s decision and denied Riley’s motion to dismiss the evidence. The appellate court also certified the case to the Supreme Court of Florida, which reinstated the trial court’s order to suppress the evidence. +" +TEST_0060,"Entergy Louisiana, Inc.",Louisiana Public Service Commission,"  +Several Louisiana cotton gins sued Entergy, an electric utility company, because it had over-billed them for electricity between 1988 and 1994. The gins claimed that Entergy had failed to notify them of a lower rate that would have saved them more than $2 million over the six-year period. Louisiana law requires that utility companies notify customers when they are eligible for a lower rate. Furthermore, the gins claimed that Entergy had discriminated against them by notifying several other gins in the state of the lower rate. Deferring to the decision of the Louisiana Public Service Commission, the state's utility regulatory agency, a state district court ruled against Entergy. The Supreme Court of Louisiana affirmed the decision on appeal. +  +" +TEST_0061,Florida,"Ernest John Dobbert, Jr.","In the spring of 1972, Ernest Dobbert’s son was found wandering outside a Holiday Inn in Jacksonville, Florida, with apparent signs of a beating. He told a circuit court judge that his injuries were the result of beatings from his father, that his brother and one of his sisters had been killed by his father, and that his other sister was kept locked in a closet at home. The judge issued a warrant for Dobbert’s arrest, and Dobbert fled Jacksonville. In October 1973, Dobbert was arrested in Texas and extradited to Florida for trial. The Florida death penalty law in place when the children were killed, which gave the jury ultimate authority in deciding to impose the penalty, was found unconstitutional before Dobbert’s trial. It was replaced by a new law where the jury gave an advisory recommendation, but the judge made the ultimate decision. +Before his trial, Dobbert applied to the Supreme Court of Florida for a constitutional stay of trial, arguing that applying the new death penalty law violated the ex post facto and equal protection clauses of the Constitution. His application was denied. Dobbert also moved for a change of venue from Duval County based on the publicity his trial was receiving. The trial judge took the motion under advisement and later denied it. Dobbert was convicted of the first-degree murder of his daughter, second-degree murder of his son, and the torture and abuse of his two other children. At his sentencing hearing, the jury recommended life imprisonment, but the trial judge, acting under the authority granted to him by the Florida statute governing the death penalty, overruled the jury and sentenced Dobbert to death. The Supreme Court of Florida affirmed. +" +TEST_0062,"Reliant Energy Services, Inc., et al.",Powerex Corp.,"The state of California suffered an energy crisis in 2001. Citizens filed suit against energy company Reliant Energy Services et al (Reliant) for conspiring to fix energy price levels. Reliant filed cross-claims against multiple energy companies and regulatory agencies involved in the price fixing, including the Canadian company Powerex Corporation. PowerEx exported surplus Canadian hydropower on behalf of its owner, the British Columbia Hydro and Power Authority (BC Hydro). Since BC Hydro was a governmental corporation and Powerex was its subsidiary, both argued that they were entitled to sovereign immunity under the Foreign Sovereign Immunity Act of 1976 (FSIA). FSIA defines a foreign sovereign as an ""organ of a foreign state"" (28 U.S.C. Section 1603(b)). Reliant claimed that the two companies were exempt from FSIA sovereign immunity because their commercial activity had a ""direct effect"" on California energy markets. +A District Court ruled that BC Hydro was a foreign sovereign, but PowerEx was not. The District Court issued a remand order sending the case back to state court. Powerex appealed to the U.S. Court of Appeals for the Ninth Circuit, claiming that it operated for the ""public interest"" as an instrumentality of the government. The Ninth Circuit held that PowerEx was not a ""foreign sovereign"" because BC Hydro, not the Canadian government, owned PowerEx's shares. +" +TEST_0063,Fred Doyle,Mt. Healthy City School District Board of Education,"Fred Doyle was a certified teacher and employee of the Mt. Healthy City School District Board of Education from 1966 until 1971. In 1969, he was elected president of the Teachers’ Association during a period of tension between the board and the Teacher’s Association. Doyle was also involved with a series of incidents beginning in 1970 where he allegedly behaved inappropriately toward students and other staff members; in one incident, Doyle made obscene gestures to two students. Finally, in February 1971, Doyle conveyed the substance of an internal memorandum regarding a proposed staff dress code to a disc jockey at WSAI, a Cincinnati radio station. The disc jockey promptly announced the dress code as a news item. +One month later, the superintendent of the school district recommended that the board not renew Doyle’s contract, along with the contracts of nine other teachers. The board adopted the superintendent’s recommendations. In response to Doyle’s request for an explanation, the board stated that Doyle displayed a “lack of tact in handling professional matters,” and cited both the call to the disc jockey and the obscene gestures Doyle made toward students. Doyle brought a § 1331 federal question action against the board for reinstatement with damages, claiming that the board’s refusal to rehire him violated his rights under the First and Fourteenth Amendments. +While the district court found that all of the incidents occurred, it held that Doyle was still entitled to reinstatement with backpay. The court concluded that Doyle’s call to the radio station was protected by the First Amendment and that the call played a substantial part in the board’s decision not to rehire Doyle, a violation of Doyle’s rights under the First and Fourteenth Amendment. The United States Court of Appeals Sixth Circuit affirmed in a short per curiam opinion. +" +TEST_0064,"Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division",Robert James Tennard,"Robert Tennard was convicted of murder. During the sentencing phase, he presented evidence that he had an IQ of 67. The instructions given to the jury by the judge when it was considering whether to apply the death penalty, however, did not account for this - they instructed they jury to determine whether the crime was committed deliberately and whether Tennard posed a future risk. Under Penry v. Lynaugh, 492 U.S. 302, those instructions are not enough to allow the jury to weigh a defendant's mental retardation in his favor. After he was sentenced to death, Tennard filed a habeas corpus petition in federal district court, claiming that the sentence, given the shortcomings of the jury instructions, violated the Eighth Amendment's prohibition of Cruel and Unusual Punishment. The district court rejected the petition. The Fifth Circuit Court of Appeals affirmed, ruling that Tennard had no shown that his mental retardation was constitutionally relevant. To be constitutionally relevant, Tennard's retardation would have had to be responsible for his crime, and Tennard had not shown that this was the case. +After the Supreme Court decided, in Atkins v. Virginia, 536 U.S. 304, that executing the mentally retarded violated the Eighth Amendment, the Fifth Circuit reconsidered its holding. It affirmed the decision on the grounds that execution was only unconstitutional if the defendant could show that his mental retardation had actually caused the crime; being mentally retarded in and of itself did not exempt someone from the death penalty. +" +TEST_0065,Florida,Clyde Timothy Bunkley,"In 1989, Clyde Timothy Bunkley was convicted of burglary in the first degree because he was armed with a “dangerous weapon” at the time of the burglary. The “dangerous weapon” was a pocketknife with a 2.5-3 inch blade. In 1997, the state court interpreted the “common pocketknife” exception to the definition of “weapon” as a blade of 3.75 inches or shorter. Bunkley filed a motion for state post-conviction relief based on the state court’s 1997 decision and argued that his pocketknife could not have been considered a “weapon.” The trial court rejected the defendant’s motion for relief, and the Court of Appeals affirmed. The Florida Supreme Court also affirmed and found the “common pocketknife” exception did not apply retroactively because the 1997 decision was merely an “evolutionary refinement,” not a “major constitutional change,” and therefore did not apply retroactively. +" +TEST_0066,"Gina Fiore, Keith Gipson",Anthony Walden,"In 2006 Gina Fiore and Keith Gipson traveled from Las Vegas, Nevada to Atlantic City, New Jersey, to San Juan, Puerto Rico before returning to Las Vegas by way of Atlanta, Georgia. The two are professional gamblers with residences in California and Las Vegas. At a Transportation Security Administration (TSA) checkpoint in San Juan, Fiore and Gipson were subjected to heightened security because they were travelling on a one-way ticket. TSA officers search the gamblers luggage and found $97,000 in U.S. currency. San Juan Drug Enforcement Administration (DEA) officers arrived and questioned the pair to determine whether the money was the proceeds of illegal drug trade. Fiore and Gipson stated that the cash was their seed money and winnings from gambling. The DEA let Fiore and Gipson board the plane to Atlanta with their luggage. +When Fiore and Gipson landed at Atlanta Hartsfield-Jackson International Airport, Anthony Walden and other DEA agents approached and questioned them. Fiore and Gipson repeated their story and produced records of their travels. When a drug-detecting dog pawed Gipson's bag once, Walden stated that he had probable cause to seize the cash and took both Fiore and Gipson's bags before allowing them to continue on to Las Vegas without the money. When Fiore and Gipson got to Las Vegas they sent records of their gambling earnings along with past tax returns to prove their status as professional gamblers to Walden. Walden refused to return the money and referred the matter to a U.S. Attorney in Georgia based on a false probable cause affidavit. The U.S. Attorney found no probable cause and ordered the money returned. The money was returned to Fiore and Gipson seven months after it was seized. +Fiore and Gipson sued Walden in the U.S. District Court for the District of Nevada alleging that the seizure violated their Fourth Amendment rights. Walden moved to dismiss for lack of personal jurisdiction, and the District Court granted the motion. The U.S. Court of Appeals for the Ninth Circuit reversed, holding that the court did have personal jurisdiction because Walden intentionally caused foreseeable harm in Nevada by falsifying the probable cause affidavit and attempting to secure the seized funds permanently for the Atlanta DEA. +" +TEST_0067,Wisconsin ex rel. La Follette,Democratic Party of the United States,"The Democratic Party of the United States (National Party) required that delegates sent to its National Convention were chosen exclusively by voters affiliated with the party, but the state of Wisconsin allowed non-Democrats to participate in state primaries. In the primary, voters expressed their choice among Presidential candidates for the Democratic Party's nomination. Although the Wisconsin Democratic Party (State Party) selected delegates at a caucus occurring after the primary, Wisconsin law required these delegates to allot their votes at the National Convention in accord with the amount of support each candidate received in the primary. The National Party prohibited the State Party delegates from participating in the 1980 National Convention because of non-Democrat influence in the state primary. The Wisconsin Supreme Court ruled that the National Party must admit the delegates since Wisconsin had a ""compelling interest"" to maintain the ""open"" feature of its primary system. +" +TEST_0068,"Randy White, Warden",Roger L. Wheeler,"In October 1997, Nigel Malone and Nairobi Warfield were found dead in their apartment. Blood at the crime scene matched Roger L. Wheeler’s, and he was arrested for the murders. During voir dire, one of the potential jurors gave equivocal responses in response to questions regarding his beliefs about the death penalty. The prosecution moved to strike the juror for cause and cited these replies. The defense opposed the motion and argued that the responses indicated nothing more than an ability to consider all penalty options. The judge struck the juror, and Wheeler was subsequently convicted of the murders and sentenced to death. The Kentucky Supreme Court affirmed the convictions and the sentence and held that the trial judge appropriately struck all the jurors who could not impose the death penalty. +Wheeler exhausted his state post-conviction proceedings and petitioned for a writ of habeas from the federal district court. The federal district court denied the petition, but the U.S. Court of Appeals for the Sixth Circuit reversed, granted the petition, and held that the exclusion of the juror in question was an unreasonable application of the Supreme Court’s precedent in Witherspoon v. Illinois. In that case, the Supreme Court held that only a juror who is “substantially impaired in his or her ability to impose the death penalty” can be excused for cause. The appellate court held that the trial court erred in interpreting the juror’s responses that he did not know if he could consider the death penalty as meaning that he could not consider the death penalty. +" +TEST_0069,Robert R. Tolan,Jeffrey Wayne Cotton,"In the early morning hours of New Year's Eve 2008, Jeffrey Cotton, a police officer, fired three shots at Robert Tolan in front of Tolan's parents' home in Bellaire, Texas. Cotton mistakenly believed that Tolan and his cousin, Anthony Cooper, had stolen a black Nissan, because another officer had incorrectly entered the license plate number of Tolan's black Nissan Xterra. One bullet hit Tolan, collapsed his right lung, and pierced his liver. Tolan sued Cotton in district court and argued that he had used excessive force in violation of the Fourth Amendment. Cotton filed a motion for summary judgment and argued that he was entitled to qualified immunity, which protects government officials from litigation when their conduct has not violated a clearly established right. The district court ruled in favor of Cotton and found that Cotton's use of force was not unreasonable and did not violate the Fourth Amendment. +The U.S. Court of Appeals for the Fifth Circuit affirmed but declined to adopt the lower court's reasoning. Instead, the Court of Appeals held that Cotton was entitled to qualified immunity regardless of whether he violated the Fourth Amendment because he did not violate a ""clearly established"" right. In support of its ruling, the Court of Appeals cited evidence that would lead a reasonable officer in Cotton's position to believe that Tolan presented an immediate threat to his safety. +" +TEST_0070,"School District of the City of Grand Rapids, et al.","Phyllis Ball, et al.","In the 1976-1977 school year, the school district of Grand Rapids, Michigan, adopted two programs, Shared Time and Community Education, that provided secular classes to private school students at public expense. The Shared Time program offered classes during the school day that were intended to “supplement the core curriculum” of the private schools. The Shared Time teachers were full-time public school teachers, and many had previously worked in private schools. The Community Education program was offered for children and adults at many different sites, but the classes at issue took place after the school day in private elementary schools. The Community Education teachers were part-time public school employees, and many also held jobs at private schools. The classrooms for both programs were leased from the private schools. The vast majority of the participating private schools were religious, and there was no evidence that a public school student ever attended a Shared Time or Community Education class held in a private school. + Six taxpayers filed suit against the school district and state officials and alleged that they violated the Establishment Clause of the First Amendment by using public funds to pay for private (and religious) education. The district court applied the Lemon test and determined that, although the aim was secular, the effect of the programs conferred benefits to religious institutions and entangled the affairs of church and state. The United States Court of Appeals for the Sixth Circuit affirmed. +" +TEST_0071,Federal Election Commission,Akins,"The Federal Election Campaign Act of 1971 (FECA) imposes recordkeeping and disclosure requirements upon political committees which receive more than $1,000 in ""contributions"" or which make more than $1,000 in ""expenditures"" in a year ""for the purpose of influencing any election for Federal office."" Certain assistance does not count toward the expenditure cap if it takes the form of a ""communication"" by a ""membership organization or corporation"" ""to its members"" as long as the organization is not ""organized primarily for the purpose of influencing [any individual's] nomination... or election."" A complaint filed by a group of voters asked the Federal Election Commission (FEC) to order the American Israel Public Affairs Committee (AIPAC) to make public the information that FECA demands of political committees. Ultimately, the FEC found that AIPAC was not a political committee because its major purpose was not the nomination or election of candidates. The en banc Court of Appeals concluded that the FEC's major purpose test improperly interpreted FECA's definition of a political committee. +" +TEST_0072,"Masterpiece Cakeshop, Ltd.; and Jack C. Phillips",Colorado Civil Rights Commission; Charlie Craig; and David Mullins,"In July 2012, Charlie Craig and David Mullins went to Masterpiece Cakeshop in Lakewood, CO, and requested that its owner, Jack C. Phillips, design and create a cake for their wedding. Phillips declined to do so on the grounds that he does not create wedding cakes for same-sex weddings because of his religious beliefs. Phillips believes that decorating cakes is a form of art through which he can honor God and that it would displease God to create cakes for same-sex marriages. +Craig and Mullins filed charges of discrimination with the Colorado Civil Rights Division, alleging discrimination based on sexual orientation under the Colorado Anti-Discrimination Act (CADA), §§ 24-34-301 to -804, C.R.S. 2014. After the Division issued a notice of determination finding probable cause, Craig and Mullins filed a formal complaint with the Office of Administrative Courts alleging that Masterpiece discriminated against them in a place of public accommodation in violation of CADA. +The Administrative Law Judge issued a written order finding in favor of Craig and Mullins, which was affirmed by the Colorado Civil Rights Commission. On appeal, the Colorado Court of Appeals subsequently affirmed the Commission's ruling. +" +TEST_0073,Epperson,Arkansas,"The Arkansas legislature passed a law prohibiting teachers in public or state-supported schools from teaching, or using textbooks that teach, human evolution. Epperson, a public school teacher, sued, claiming the law violated her First Amendment right to free speech as well as the Establishment Clause. The State Chancery Court ruled that it violated her free speech rights; the State Supreme Court reversed. +" +TEST_0074,"Home Concrete & Supply, LLC, et al.",United States,"Plaintiffs Stephen R. Chandler and Robert L. Pierce were the sole shareholders of Home Oil and Coal Company, Inc. In 1999, Pierce contemplated selling his share of the business and sought professional advice in an effort to minimize tax liability generated by the sale of his interest in Home Oil. Each of the taxpayers initiated short sales of United States Treasury Bonds for $7,472,405. They then transferred the proceeds from that sale to Home Concrete as capital contributions. Home Concrete then closed the short sales by purchasing and returning essentially identical Treasury Bonds on the open market for $7,359,043. This transaction created ""outside basis,"" or how much the partner's investment was worth according to tax rules, equal to the amount of the proceeds the taxpayers contributed. +Home Oil then transferred its assets to Home Concrete as a capital contribution. The taxpayers (except Home Oil) then transferred percentages of their partnership interests in Home Concrete to Home Oil as capital contributions. Home Concrete then sold substantially all of its assets to a third party purchaser for $10,623,348. The taxpayers timely filed their tax returns for 1999 in April 2000. Home Concrete elected to step-up its inside basis, or the amount that the partnership tax records compute for each partner, to equal the taxpayers' outside basis. Home Concrete again adjusted its inside basis to $10,527,250.53, including the amount of short sale proceeds earlier contributed by the taxpayers. As a result Home Concrete reported a $69,125.08 gain from the sale of its assets. +The IRS did not investigate until June 2003. As a result of their investigation, the IRS determined that the partnership was formed ""solely for the purposes of tax avoidance by artificially overstating basis in the partnership interests of its purported partners."" On September 7, 2006 the IRS issued a Final Partnership Administrative Adjustment (FPAA), in which they decreased to zero the taxpayers' reported outside bases in Home Concrete. This substantially increased the taxpayers' taxable income. Plaintiff taxpayers brought action against Internal Revenue Service (IRS) seeking to recover the increase. +As a general matter, the Internal Revenue Service (IRS) has three years to assess additional tax if the agency believes that the taxpayer's return has understated the amount of tax owed. That period is extended to six years, however, if the taxpayer omits from gross income an amount which is in excess of 25 percent of the amount of gross income stated in the taxpayer's return. During the trial the Treasury Department passed a regulation stating that the six-year period for assessing tax remains open for ""all taxable years… that are the subject of any case pending before any court of competent jurisdiction… in which a decision had not become final."" The U.S. Court of Appeals for the Fourth Circuit disagreed and found in favor of the plaintiffs. +" +TEST_0075,Forsyth County,Nationalist Movement,"The Board of Commissioners for Forsyth County enacted an ordinance that permitted the county administrator to charge a fee of not more than $1,000 per day for a permit to hold a parade, assembly, or demonstration on public property in the county. The law allowed the administrator to adjust the fee to correspond with the estimated cost of maintaining public order during the activity. In January 1989, The Nationalist Movement (Movement) applied for a permit to hold a rally on the courthouse steps in Cumming, Georgia, to protest the federal holiday honoring Martin Luther King, Jr. The county charged $100 for the permit, but that amount that did not include a calculation for expected law enforcement expenses during the rally. The Movement did not pay the fee and did not hold the rally; instead the Movement sued the county in federal district court and challenged its authority to interfere with the Movement’s free speech and assembly rights. The district court found that the county administrator did not unconstitutionally apply the ordinance to the Movement’s permit application because the fee was based solely on content-neutral criteria such as the costs of processing the application. The U.S. Court of Appeals for the Eleventh Circuit reversed and held that the permit fee of up to $1,000 a day exceeded the constitutional requirement that governments charge only a nominal fee for using public forums. +" +TEST_0076,"Monsanto Company, et al.",Vernon Hugh Bowman,"In 1994, the United States Patent and Trademark Office granted a patent to the Monsanto Company for genetic material from a virus that can be used to incorporate new genetic material into a plant. In 2006, Monsanto patented a gene that makes plants resistant to the glyphosate-based herbicides that farmers can use on weeds. Both patents are included in the Monsanto Technology agreement which states that growers who purchase Monsanto's products may only use the seed for a single season and may not sell the seeds to any other grower. Growers may sell the second-generation seed to a grain elevator. +Vernon Hugh Bowman, a farmer in Knox County, Indiana, began purchasing Monsanto's Pioneer Hi-Bred seed in 1999 and followed the terms of the agreement by not saving any of his seed. Also beginning in 1999, Bowman purchased second-generation seed from a grain elevator for his second planting and saved seeds from that purchase for reuse later. In 2006, Monsanto contacted Bowman to examine his planting activities and found that his second-round crops contained the patented genetic material. Monsanto sued Bowman for patent infringement. The district court granted summary judgment for Monsanto. The United States Court of Appeals for the Federal Circuit affirmed. +" +TEST_0077,"Rudolf John Herrmann, et al.",Tarrant Regional Water District,"Tarrant Regional Water District (Tarrant) supplies water to north-central Texas. In 1955, Congress allowed Arkansas, Louisiana, Oklahoma, and Texas to negotiate an agreement allocating the water from the Red River, which forms the boundary between southeastern Oklahoma and northeastern Texas. In 1980, the states signed the Red River Compact and Congress ratified it. +In 2007, Tarrant sought to appropriate water from three locations in Oklahoma for use in Texas and applied to the Oklahoma Water Resources Board (OWRB), which was established to regulate in-state and out-of-state water usage. On November 1, 2007, Tarrant sued the OWRB and sought declaratory and injunctive relief against the Oklahoma statutes on water usage. Tarrant argued that the statutes placed burdens on interstate water commerce that are unconstitutional under the Commerce Clause and overstep the bounds of the Compact that Congress allowed the states to establish. OWRB moved for summary judgment, and the district court granted it. The U.S. Court of Appeals for the Tenth Circuit affirmed. +" +TEST_0078,Gebser,Lago Vista Independent School District,"Alida Star Gebser, a high school student in the Lago Vista Independent School District (""Lago Vista""), had a secret sexual affair with one of her teachers. At the time, Lago Vista had no official procedure for reporting sexual harassment nor any formal anti-harassment policy, as required by federal law. One day, after the two were discovered having sex, the teacher was arrested and fired. Claiming she was harassed in violation of Title IX of the Education Amendments of 1972 (the ""Amendments""), providing that no person ""be subjected to discrimination"" under any federally funded education program or activity, Gebser sought damages against Lago Vista. On appeal from a decision affirming a district court's ruling in favor of Lago Vista, the Supreme Court granted Gebser certiorari. +" +TEST_0079,Sullivan,American Manufacturers' Mutual Insurance Company,"Pennsylvania's Workers' Compensation Act (Act) provides that once an employer's liability for an employee's injury has been established, then either the self-insured employer or insurer (collectively insurers) is responsible for paying for the employee's ""reasonable"" and ""necessary"" medical treatment. In 1993, this system was amended to allow insurers to withhold payment for disputed treatments, pending the outcome of an independent utilization review. Ten employees and two organizations representing employees that had received benefits under the Act filed suit against state officials, the self-insured school district of Philadelphia, and a number of private insurance companies. Their complaint alleged that the state and private defendants, acting under color of state law, had deprived them of property in violation of due process. +" +TEST_0080,Robert Anthony Williams aka Anthony Erthel Williams,"Lou V. Brewer, Warden of the Iowa State Penitentiary","Robert Williams escaped from a mental hospital and lived at the Des Moines YMCA. Soon thereafter, a 10-year-old girl disappeared from the YMCA while at her brother’s wrestling match. A boy in the parking lot saw Williams carrying a large bundle to his car with two “skinny and white” legs in it. The next day, police found Williams’ abandoned car about 160 miles east of Des Moines. Williams soon turned himself in to police in Davenport, Iowa. Williams said he would tell police the whole story once he saw his lawyer in Des Moines. Williams spoke with a local attorney and reiterated his intention to confess when he saw his attorney in Des Moines. Davenport police promised not to question Williams during the drive to Des Moines. During the drive, however, the detective, knowing that Williams was deeply religious, told Williams that the girl’s family wanted to give her a “Christian burial” and suggested that they stop to locate the body. As a result of the officer's pointed statements, Williams made incriminating statements and ultimately led police to the girl’s body. He was indicted for first-degree murder. +At trial, Williams moved to suppress all evidence relating to the car ride conversation, arguing that the questioning violated Williams’ Sixth Amendment right to counsel. The judge denied the motion, and a jury found Williams guilty. The Iowa Supreme Court affirmed the conviction. Williams petitioned for a writ of habeas corpus in the U.S. District Court for the Southern District of Iowa. The court granted the writ, finding that speaking to Williams during the drive violated his right to counsel, and the evidence in question was wrongly admitted at trial. The U.S. Court of Appeals for the Eighth Circuit affirmed. +" +TEST_0081,California,Lorenzo Prado Navarette and Jose Prado Navarette,"On August 23, 2008, the Mendocino County dispatch center received a call from a Humboldt County dispatcher with the information that a silver Ford F150 pickup truck had run an unidentified vehicle off the road at mile marker 88 on southbound Highway 1. The original caller had also provided the license plate number of the pickup truck in question. The dispatch center broadcast that information to officers in the area, and two separate officers soon reported seeing the vehicle and began following it. The officers pulled the vehicle over, and while requesting information from the driver, smelled marijuana. During a search of the vehicle, the officers found four large bags of marijuana in the truck bed. The occupants of the vehicle, Lorenzo Prado Navarette and Jose Prado Navarette, were arrested for transportation of marijuana and possession of marijuana for sale. +At trial, the defendants moved to suppress the evidence obtained from the traffic stop and argued that the evidence did not establish a reasonable suspicion of wrongdoing to justify the stop. The state argued that the anonymous tip combined with the officers' observations of details that matched the tip constituted reasonable suspicion of the alleged reckless driving. The magistrate judge denied the motion. After the defendants petitioned for a review of this decision and were denied by both the California Court of Appeals for the First District, Division Five and the California Supreme Court, the defendants pled guilty. The California Court of Appeals for the First District, Division Five affirmed. +" +TEST_0082,Bennett,Artuz,"In 1984, after firing two bullets at police during a car chase, Tony Bruce Bennett was convicted of attempted murder, among other crimes. Bennett moved pro se to vacate his judgment of conviction in 1995. A New York trial court orally denied Bennett's motion. Bennett claimed that he never received a copy of a written order reflecting the denial. In 1998, Bennett filed a federal habeas corpus petition alleging violations of his rights to present witnesses in his defense and to a fair trial, to be present at all material stages of the trial, and to the effective assistance of counsel. The Federal District Court dismissed Bennett's federal habeas corpus petition as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which set a 1-year period of limitation on federal habeas corpus applications by state prisoners. In reversing, the Court of Appeals held that Bennett's habeas petition was not time-barred because his 1995 motion was still pending, under the AEDPA's tolling provision, since he had never received notification of the state's decision regarding it. Thus, the time for appealing the denial of that motion had not yet expired. Additionally, the court found that the 1995 motion was a ""properly filed"" application, even though the claims contained in the motion were procedurally barred under two New York statutory provisions. +" +TEST_0083,"American Mini Theatres, Inc.",Coleman Young,"American Mini Theaters opened two theaters that showed adult movies in the city of Detroit. Two city ordinances enacted in 1972 prohibited the opening of adult theaters within 1,000 feet of other buildings with ""regulated uses"" or within 500 feet of any residential district. American Mini sued city officials challenging the ordinances on two grounds: that the ordinances imposed an undue burden on First Amendment rights and that ordinances violated the Fourteenth Amendment's Equal Protection Clause. A federal district court ruled in favor of the city, a decision that was reversed by the United States Court of Appeals for the Sixth Circuit. The appeals court concluded that the ordinances posed a prior restraint based on content and that the ordinances ran afoul of the Equal Protection Clause. +" +TEST_0084,California,Ciraolo,"The Santa Clara Police received an anonymous tip that Ciraolo was growing marijuana in his back yard. Unable to observe the yard from the ground due to a high fence which encircled it, the police secured a private plane and flew over Ciraolo's house at an altitude of 1,000 feet. The fly-over confirmed the presence of marijuana. The police then obtained a search warrant, seized 73 plants on the next day, and arrested Ciraolo who then pleaded guilty to the cultivation of marijuana. The California Court of Appeals, however, found that the aerial observation was illegal and reversed Ciraolo's conviction. +" +TEST_0085,"Michael J. Astrue, Commissioner of Social Security",Catherine G. Ratliff,"Catherine Ratliff was the attorney for Ruby Kills Ree in her successful suit against the Social Security Administration for Social Security benefits. The district court also granted Kills Ree’s motion for an award of attorney’s fees under the Equal Access to Justice Act (EAJA). Before paying the fee award, the government discovered that Kills Ree owed the government a debt that predated the fee award and accordingly sought to offset the fee award against the debt. Ratliff then intervened in the case to challenge the offset and argued that the fee award belonged to her and therefore could not be used to offset Kills Ree’s debt. The district court held that the offset was proper because the fee award goes to the “prevailing party,” not directly to the attorney. The U.S. Court of Appeals for the Eighth Circuit reversed and held that precedent established that EAJA fee awards go to the attorney. +" +TEST_0086,Rafael Arriaza Gonzalez,"Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division","Raphael Arriaza Gonzalez was convicted of murder in Texas state court on June 14, 2005, and was sentenced to 30 years in prison. He filed an appeal to the Texas intermediate court of appeals, which affirmed his conviction on July 12, 2006. Gonzalez's counsel did not file a petition for discretionary review with the Texas Court of Criminal Appeals within the 30-day timeframe permitted by state law. 2. On July 19, 2007, Gonzalez filed in Texas state court a petition for a writ of habeas corpus. The Texas Court of Criminal Appeals denied that petition on the merits on November 21, 2007. On January 24, 2008, Gonzalez filed a petition for writ of habeas corpus in the United States District Court for the Northern District of Texas. +" +TEST_0087,Clinton,City of New York,"This case consolidates two separate challenges to the constitutionality of two cancellations, made by President William J. Clinton, under the Line Item Veto Act (""Act""). In the first, the City of New York, two hospital associations, a hospital, and two health care unions, challenged the President's cancellation of a provision in the Balanced Budget Act of 1997 which relinquished the Federal Government's ability to recoup nearly $2.6 billion in taxes levied against Medicaid providers by the State of New York. In the second, the Snake River farmer's cooperative and one of its individual members challenged the President's cancellation of a provision of the Taxpayer Relief Act of 1997. The provision permitted some food refiners and processors to defer recognition of their capital gains in exchange for selling their stock to eligible farmers' cooperatives. After a district court held the Act unconstitutional, the Supreme Court granted certiorari on expedited appeal. +" +TEST_0088,Matsushita Elec. Industrial Company,Epstein,"In 1990, Matsushita Electric Industrial Co. made a tender offer for the common stock of MCA, Inc., a Delaware corporation, which resulted in Matsushita's acquisition of MCA. Subsequently, two lawsuits followed. First, a class action filed in Delaware, alleged that, among other things, Matsushita and MCA conspired violating Delaware law. The second suit, filed in federal court, alleged that Matsushita's tender offer violated certain Securities and Exchange Commission Rules promulgated under the Securities Exchange Act of 1934, which confers exclusive jurisdiction upon the federal courts in such suits. After Matsushita won the federal case, and while it was on appeal, the parties to the state action reached a settlement. The class-action settlement stated that class members who did not opt out of the class would waive all claims in connection with the tender offer, including those asserted in the federal action. As members of both state and federal plaintiff classes, who neither opted out of the settlement class nor appeared to contest the settlement or the representation of the class, pursued the federal appeal, Matsushita argued that the Delaware judgment was a bar to further prosecution under the Full Faith and Credit Act. +" +TEST_0089,Nathaniel Smith,Marisa N. Pavan,"Leigh and Jana Jacobs, and Terrah and Marisa Pavan—both same-sex couples—were married in Iowa in 2010, and in New Hampshire in 2011, respectively. Leigh and Terrah each gave birth to a child in Arkansas in 2015, and each couple completed the requisite paperwork for birth certificates for the newborns listing both spouses as parents—Leigh and Jana in one case, and Terrah and Marisa in the other. Citing a provision of Arkansas law, Ark. Code 20-18-401, the Arkansas Department of Health issue certificates bearing only the birth mother's name. +The Jacobses and Pavans filed a lawsuit in Arkansas state court against the director of the Arkansas Department of Health seeking a declaration that the State's birth-certificate law violates the constitution. The trial court agreed with the couples, holding that the state statute is inconsistent with the Supreme Court's decision in Obergefell v. Hodges. The Arkansas Supreme Court reversed the trial court. +" +TEST_0090,Paris Adult Theatre I,Slaton,"State officials in Georgia sought to enjoin the showing of allegedly obscene films at the Paris Adult Theatre. The Theatre clearly warned potential viewers of the sexual nature of the films and required that patrons be at least 21 years of age. The Georgia Supreme Court held that the films were ""hard core"" pornography unprotected by the Constitution. +" +TEST_0091,Egelhoff,Egelhoff,"David A. Egelhoff designated his wife, Donna Rae Egelhoff, as the beneficiary of a life insurance policy and a pension plan provided by his employer and governed by the Employee Retirement Income Security Act of 1974 (ERISA). Two months after the Egelhoffs divorced, Mr. Egelhoff died. His children then sued Donna Rae to recover the insurance proceeds and the pension plan benefits. The children relied on a Washington state statue that provides that the designation of a spouse as the beneficiary of a nonprobate asset - defined to include a life insurance policy or employee benefit plan - is revoked automatically upon divorce. Subsequently, the proceeds would pass to the children as Mr. Egelhoff's statutory heirs under state law. Under ERISA, the state trial courts granted Donna Rae summary judgment. In reversing, the Washington Court of Appeals found that the statute was not pre-empted by ERISA. In affirming, the Washington Supreme Court held that the statute does not ""refer to"" ERISA plans to an extent that would require pre-emption. +" +TEST_0092,Youpee,Babbitt,"A late nineteenth century congressional Indian land program resulted in the extreme fractionation of Indian lands as allottees passed their undivided interests on to multiple heirs. In 1983, Congress adopted the Indian Land Consolidation Act to reduce the fractionated ownership of allotted lands. Section 207 of the Act--the ""escheat"" provision--prohibited the descent of fractional interests that constituted 2 percent or less of the total acreage in an allotted tract and earned less than $100 in the preceding year. The interests described in Section 207 would escheat to the tribe, thereby consolidating the ownership of Indian lands. Section 207 made no provision for the payment of compensation to those who held such fractional interests. The U.S. Supreme Court invalidated the original version of Section 207 on the ground that it was a taking of private property without just compensation, in violation of the Fifth Amendment. Congress then amended Section 207. which looks back five years instead of one year to determine the income produced from a small interest. The will of William Youpee, an enrolled member of the Sioux and Assiniboine Tribes, devised to the respondents, all of them enrolled tribal members, his several undivided interests in allotted lands on reservations. An administrative law judge found that interests devised to each of the respondents fell within amended Section 207 and should therefore escheat to the relevant tribal governments. The respondents, asserting the unconstitutionality of amended Section 207, appealed the order to the Board of Indian Appeals, which dismissed the appeal. The respondents then filed a suit against the Secretary of the Interior, alleging that amended Section 207 violates the Just Compensation Clause of the Fifth Amendment. The District Court agreed with respondents. The Court of Appeals affirmed. +" +TEST_0093,"Eric H. Holder, Jr., Attorney General",Agron Kucana,"Agron Kucana, a citizen of Albania, entered the United States in 1995 and did not leave when his visa expired. Mr. Kucana applied for asylum but failed to appear at his hearing, after which he was ordered removed from the United States. He filed a motion to reopen his case, which was denied. On appeal, the Board of Immigration Appeals (BIA) affirmed. After failing to remove himself from the United States, Mr. Kucana once again moved to reopen his case, contending that conditions in Albania had deteriorated to the extent where his life would be in danger upon his return. His motion was denied. +On appeal to the U.S. Court of Appeals for the Seventh Circuit, he argued that the BIA ""abused its discretion"" in denying his claim when it failed to consider an affidavit testifying to the dangerous conditions existing in Albania. The Seventh Circuit held that it lacked jurisdiction to review the matter. It found that the BIA's decision not to reopen Mr. Kucana's case was ""discretionary."" 8 U.S.C. Section 1252(a)(2)(B)(ii) provides that ""no court has jurisdiction to review"" any decision that is under the discretion of the BIA. Therefore, the court reasoned that Mr. Kucana's claim was not reviewable by a federal court of appeals. +" +TEST_0094,Troy Lambert,Nutraceutical Corporation,"Troy Lambert purchased an alleged aphrodisiac dietary supplement that was manufactured by Nutraceutical, but that had not been approved by the Food and Drug Administration (FDA). Based on the product’s labels, Lambert believed that the supplement would enhance his sexual performance, and had he known these claims were false, he would not have purchased the product.  +Lambert believed that the product violated FDA regulations because it purported to increase sexual desire but had not been through clinical testing, and because it was not FDA-approved. He further alleged that the product illegally failed to prominently display this lack of FDA approval on its labeling, and that the labeling also failed to mention a potentially dangerous ingredient. Lambert filed a consumer class action under Federal Rule of Civil Procedure (FRCP) 23(b)(3), alleging state law claims related to unfair competition, false advertising, and other violations. +The district court granted class certification based on the full refund damages model, which applies when a product is useless and involves calculating the average retail price and the number of units sold. The judge hearing the case retired, and Lambert’s action was reassigned to a new judge. Discovery was completed, and Nutraceutical filed a motion for decertification. The new judge granted the motion, finding that Lambert had failed to provide essential evidence to apply his classwide damages model, meaning that common issues did not predominate as required under Rule 23(b)(3).  +Ten days after the order was issued decertifying the class, Lambert informed the court that he intended to file a motion for reconsideration, and the court instructed him to file the motion within ten days, which was twenty days after the decertification order. In accordance with the court’s instructions, Lambert filed his motion for reconsideration ten days later, highlighting evidence from his class certification motion that could be used to support the full refund damages model. He also offered an alternative damages model for the first time, based on non-restitutionary engorgement.  +Three months later, the court denied his motion for reconsideration, rejecting his proposed damages models. Lambert timely filed a petition under Rule 23(f) for permission to appeal the district court’s orders denying the motion for reconsideration and granting the motion for class decertification to the 9th Circuit, which conditionally granted his petition. +A three-judge panel of the 9th Circuit held that Lambert’s Rule 23(f) petition for class certification had been timely filed with the appellate court. The court explained that because Rule 23(f)’s 14-day deadline was procedural rather than jurisdictional, equitable exceptions such as tolling could apply. It also held that filing a motion for reconsideration before the Rule 23(f) deadline would toll the deadline. The panel further held that other circumstances could toll the deadline. In this case, Lambert had informed the district court of his intention to file a motion for reconsideration within Rule 23(f)’s 14-day window, and had submitted the filing within the ten-day time frame set by that court. The panel concluded that under these circumstances the deadline should be tolled and Lambert’s motion for reconsideration should be considered timely filed with the Ninth Circuit, while recognizing that a number of other circuits would likely reach the opposite conclusion. +" +TEST_0095,"WMCA, Inc.",Lomenzo,"The WMCA, acting on behalf of several New York City registered voters, challenged the constitutionality of Article III, Sections 2-5 of the New York State constitution alleging that its apportionment formula resulted in unfair weighting of both state legislature houses by favoring lesser populated rural areas over densely populated urban centers. On appeal from a dismissal of their complaint by a three-judge district court, the Supreme Court granted the WMCA certiorari. +" +TEST_0096,Lorenzo Prado Navarette and Jose Prado Navarette,California,"On August 23, 2008, the Mendocino County dispatch center received a call from a Humboldt County dispatcher with the information that a silver Ford F150 pickup truck had run an unidentified vehicle off the road at mile marker 88 on southbound Highway 1. The original caller had also provided the license plate number of the pickup truck in question. The dispatch center broadcast that information to officers in the area, and two separate officers soon reported seeing the vehicle and began following it. The officers pulled the vehicle over, and while requesting information from the driver, smelled marijuana. During a search of the vehicle, the officers found four large bags of marijuana in the truck bed. The occupants of the vehicle, Lorenzo Prado Navarette and Jose Prado Navarette, were arrested for transportation of marijuana and possession of marijuana for sale. +At trial, the defendants moved to suppress the evidence obtained from the traffic stop and argued that the evidence did not establish a reasonable suspicion of wrongdoing to justify the stop. The state argued that the anonymous tip combined with the officers' observations of details that matched the tip constituted reasonable suspicion of the alleged reckless driving. The magistrate judge denied the motion. After the defendants petitioned for a review of this decision and were denied by both the California Court of Appeals for the First District, Division Five and the California Supreme Court, the defendants pled guilty. The California Court of Appeals for the First District, Division Five affirmed. +" +TEST_0097,Jerome Edward Buie,Maryland,"On February 3, 1986, two men robbed a Godfather’s Pizza in Prince George’s County, Maryland. One of the men was wearing a red running suit. Later that day, the police obtained warrants for the arrest of Jerome Edward Buie and Lloyd Allen and put Buie’s house under surveillance. On February 5, the police arrested Buie in his house. Police found him hiding in the basement. Once Buie emerged and was handcuffed, an officer went down to determine if there was anyone else hiding. While in the basement, the officer saw a red running suit in plain view and seized it as evidence. +The trial court denied Buie’s motion to suppress the running suit evidence, and he was convicted. The Court of Special Appeals of Maryland affirmed the trial court’s denial of the motion. The Court of Appeals of Maryland reversed. +" +TEST_0098,"Kinney Kinmon Lau, et al.","Alan H. Nichols, et al.","In 1971, the San Francisco, California school system was integrated. As a result, the San Francisco school system absorbed over 2,856 students of Chinese ancestry who were not proficient in English. Of these students, the school system only provided about 1,000 with supplemental English language courses. Classes were taught exclusively in English. +Lau and other students of Chinese descent who did not speak English and received no supplemental English courses brought a class action suit against the officials in the San Francisco Unified School District. The students claimed that the failure to provide supplemental English classes constituted an unequal educational opportunity in violation of the Fourteenth Amendment and the Civil Rights Act of 1964. +The district court denied relief, holding that the policies of the school system did not violate the Fourteenth Amendment or the Civil Rights Act. The United States Court of Appeals for the Ninth Circuit affirmed, and a hearing en banc was denied. The students appealed the appellate court's decision. +" +TEST_0099,Karen K. Capato,"Michael J. Astrue, Commissioner of Social Security","In 1999, shortly after Robert and Karen Capato were married in New Jersey, Robert was diagnosed with esophageal cancer, and was advised that chemotherapy might render him sterile. Before beginning treatment, Robert deposited semen at the Northwest Center for Infertility and Reproductive Endocrinology so the couple could conceive a child in the future. Karen Capato conceived a child naturally, however, giving birth to a son in August of 2001. The Capatos wanted their son to have a sibling, but Robert's health deteriorated quickly, and he died in Florida in March of 2002. He was insured by social security when he died. His will named only his son and two children from a previous marriage as beneficiaries. +Shortly after Robert's death, Karen began treatment for in vitro fertilization using her husband's frozen semen. She gave birth to twins on September 23, 2003, eighteen months after her husband's death. In October 2003, Karen applied for benefits from the Social Security Administration on behalf of her twins. § 416(e) of the Social Security Act (""SSA"") defined ""child"" as ""the child or legally adopted child of an individual"". In addition, the child must be dependent on an insured individual at the time of the qualified individual's death. § 416(h) provided an alternate method of determining a child's qualification, directing the Commissioner of Social Security to look to the intestate property laws of the domiciliary of the deceased insured individual. +The Social Security Administration denied her claim, and Karen requested a hearing in front of an administrative court. While noting that granting benefits would be consistent with the purpose of social security, the court held that the twins were not Robert's ""child(ren)"" for the purposes of the SSA. The district court affirmed, echoing the ALJ's interpretation of ""child(ren)"". The court also held that because Robert died while domiciled in Florida, Florida's law of intestacy applies. The United States Court of Appeals, Third Circuit, held that the twins were clearly children under § 416(e) of the SSA because they were the biological children of a married couple. It rejected the district court's argument that Florida state intestacy law should apply before § 416(e), holding § 416(h) to be an alternate definition only used when a child's status is in doubt. +" +TEST_0100,Barion Perry,New Hampshire,"Barion Perry is in prison for breaking into a car in 2008. Nubia Blandon told Nashua, N.H., police that she observed Perry from her apartment window taking things out of a parked car. She identified Perry at the scene but later could not pick him out of a photo lineup or describe him to police. A second witness identified Perry from the photo lineup. Perry filed a motion to suppress the photo identification because it was ""unnecessarily suggestive"" that he was a criminal. The New Hampshire Supreme Court upheld his conviction. +" +TEST_0101,"Advanced Micro Devices, Inc.",Intel Corporation,"Advanced Micro Devices (AMD) filed a complaint against Intel with the European Commission, alleging that Intel was using its size to unfairly dominate the computer microprocessor market. Complaints filed with the European Commission are first reviewed by the commission's directorate general, which does fact-finding to decide whether or not to pursue the complaint. AMD asked the directorate to review documents containing some of Intel's trade secrets from a separate American court case involving Intel. The directorate declined. +Because European law did not provide a way for AMD to gain access to the documents, AMD filed suit against Intel in United States federal district court seeking access to the documents so that it could use them to support its complaint. The suit was filed under Title 28, Section 1782 of U.S. Code, which allows (but does not require) federal district courts to give ""interested persons"" access to material for proceedings before ""foreign or international tribunal(s)."" AMD argued that, though the directorate was only a fact-finding body, the case could eventually be appealed to a trial court and was therefore covered under section 1782. Further, it argued that the directorate's unwillingness to demand the documents was irrelevant. Intel, on the other hand, argued that the directorate was not a ""foreign or international tribunal"" and that the federal district court therefore did not have the authority to compel Intel to release the documents. It also argued that the directorate's unwillingness to compel production of the documents should preclude U.S. action. +The district court sided with Intel, ruling that the directorate's investigation was not a foreign tribunal and that the court therefore could not give AMD access to the documents. A Ninth Circuit Court of Appeals panel unanimously reversed the decision. After the case was accepted for review by the U.S. Supreme Court, the European Commission filed a brief in the case supporting Intel's position that the directorate was not a foreign tribunal. +" +TEST_0102,"Rebecca L. Rogers, et al.",Michael D. Turner,"In January 2007, Michael Turner appeared in Oconee County, S.C., Family Court because he was behind in his child support obligation. He did not have an attorney, and he was not asked whether he needed or wanted representation. He presented some evidence of his inability to work, but the court made no finding as to Turner's indigent status. The judge held him in contempt and sentenced him to one year in jail. The South Carolina Supreme Court rejected Turner's argument for court-appointed counsel under the Sixth and Fourteenth Amendments. +" +TEST_0103,Chambers,Marsh,"Ernest Chambers, a member of the Nebraska legislature, challenged the legislature's chaplaincy practice in federal court. This practice involves the offering of a prayer at the beginning of each legislative session by a chaplain chosen by the state and paid out of public funds. The district court supported Chambers on the use of public funds. The appeals court supported Chambers on the prayer practice. Both parties appealed to the U.S. Supreme Court. +" +TEST_0104,William G. Osborne,"District Attorney's Office for the Third Judicial District, et al.","In March 1994, William Osborne was convicted of kidnapping, assault, and sexual assault in an Alaska state court. After his conviction, Mr. Osborne sought access to biological evidence that was used to convict him. He intended to use DNA testing that was not available at the time of the trial to prove he was not the source. The District Attorney's Office (D.A.O.) in Anchorage denied access. Mr. Osborne subsequently filed suit in a federal district court under 42 U.S.C. § 1983 against the D.A.O. alleging that his 14th Amendment due process rights had been violated when he was denied post-conviction access to potentially exculpatory evidence. +The district court granted the D.A.O.'s motion to dismiss and Mr. Osborne appealed. The United States Court of Appeals for the 9th Circuit reversed and remanded the case. On remand, the district court granted summary judgment for Mr. Osborne. The D.A.O. appealed arguing that Mr. Osborne need show the disclosure of evidence would ""affirmatively prove that he is probably innocent"" in order to gain access. Further, it argued that an oral confession given by Mr. Osborne after his conviction precluded him from pursuing post-conviction relief. +The United States Court of Appeals for the 9th Circuit affirmed the district court. It held that Mr. Osborne had a limited due process right of access to the biological evidence for purposes of DNA testing. The court dismissed the D.A.O.'s arguments. It reasoned that Mr. Osborne need merely show that favorable DNA results would afford a ""reasonable probability"" that he could prevail in an action for post-conviction relief. Further, it found that Mr. Osborne's oral confession did not foreclose his pursuit of post-conviction relief, as exculpating evidence would raise serious questions about the validity of his confession. +" +TEST_0105,Catherine G. Ratliff,"Michael J. Astrue, Commissioner of Social Security","Catherine Ratliff was the attorney for Ruby Kills Ree in her successful suit against the Social Security Administration for Social Security benefits. The district court also granted Kills Ree’s motion for an award of attorney’s fees under the Equal Access to Justice Act (EAJA). Before paying the fee award, the government discovered that Kills Ree owed the government a debt that predated the fee award and accordingly sought to offset the fee award against the debt. Ratliff then intervened in the case to challenge the offset and argued that the fee award belonged to her and therefore could not be used to offset Kills Ree’s debt. The district court held that the offset was proper because the fee award goes to the “prevailing party,” not directly to the attorney. The U.S. Court of Appeals for the Eighth Circuit reversed and held that precedent established that EAJA fee awards go to the attorney. +" +TEST_0106,Kansas,Crane,"In 1997, the U.S. Supreme Court upheld the constitutionality of the Kansas Sexually Violent Predator Act in Kansas v. Hendricks, 521 U.S. 346. In doing so, the Court characterized a dangerous sexual offender's confinement as civil rather than criminal and held that the confinement criterion embodied in the statute's words -- ""mental abnormality or personality disorder"" -- satisfied substantive due process. When the state of Kansas filed a petition in a Kansas district court to have Michael T. Crane, a previously convicted sexual offender, committed, the Kansas District Court ordered his civil commitment. In reversing, the State Supreme Court concluded that Hendricks requires a finding that the defendant cannot control his dangerous behavior even if, as provided by Kansas law, problems of emotional, and not volitional, capacity prove the source of behavior warranting commitment. The trial court had made no such finding. +" +TEST_0107,"Akio Kawashima, et ux.","Eric H. Holder, Jr., Attorney General","Akio Kawashima and Fusako Kawashima are natives and citizens of Japan. The Kawashimas were admitted to the United States as lawful permanent residents in 1984. Nearly 10 years later, Akio Kawashima pleaded guilty to subscribing to a false statement on a federal tax return, and Fusako Kawashima pleaded guilty to aiding and assisting in preparing the false tax return statement. +Immigration officials began proceedings to deport the couple who had failed to report more than $245,126 in taxable income from two restaurants they own. Anything more than $10,000 is considered an aggravated felony, and the United States Court of Appeals for the 9th Circuit upheld their deportation. +" +TEST_0108,"BP America Production Co., successor in interest to Amoco Production Co., et al.","Rejane Burton, Act Assistant Secretary, Land and Minerals Management, Department of the Interior, et al.","The Department of the Interior (DOI) leases the rights to the mining of natural resources on federal lands to private companies like BP America Production (BP) in return for royalty payments. BP obtained a lease for the mining of coalbed methane gas, a natural gas that requires removal of excess carbon dioxide from the gas in order to make in marketable. In 1996, the Minerals Management Service (MMS) of the DOI issued an administrative order clarifying that the companies themselves must bear the full cost of removing the carbon dioxide. BP had been deducting the removal cost from its royalty payments, so the MMS ordered BP to pay more than $4 million in past royalites. BP cited 28 U.S.C. Section 2415(a), which establishes a six-year statute of limitations for government actions for monetary damages. BP argued that the government could not claim past royalties from more than six years before the 1996 administrative order, because the six-year time limit had expired. +The DOI Assistant Secretary rejected BP's arguments and ruled for the government. A District Court affirmed the decision, ruling that an agency administrative order was not a government action for monetary damages, so the statute of limitations did not apply. On appeal, the Court of Appeals for the D.C. Circuit upheld the lower court's ruling. The Circuit Court ruled that the government would have had to file a complaint in court in order for the statute of limitations to take effect; an agency administrative order did not activate the time limit. +" +TEST_0109,Johnson,Abrams,"Following a suit by Georgia residents challenging the constitutionality of a legislative redistricting plan (Miller v. Johnson, 515 US 900), and seeking an injunction against its further use, a District Court found the plan unconstitutional. On appeal, the Supreme Court affirmed - holding that race was a predominant factor in the plan's creation - and remanded it for redrafting. Shortly thereafter the composition of another of the plan's districts was challenged in a District Court which, after unsuccessfully deferring the matter to Georgia's Legislature for redrafting, drew its own plan creating one black-majority district in place of the proposed three. After the 1996 elections were held under the court's new plan, Abrams and several other voters challenged its constitutionality. Again, the Supreme Court granted certiorari. +" +TEST_0110,Carey,Saffold,"The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) requires a state prisoner seeking federal habeas relief to file his petition within one year after his state conviction becomes final, but excludes from that period the time during which an application for state collateral review is pending. In 1990, Tony Saffold was convicted and sentenced in California state court for murder, assault with a firearm, and robbery. Saffold filed a state habeas petition in California seven days before the federal deadline. Five days after the state trial court denied his petition, Saffold filed a further petition in the State Court of Appeal. Four and one-half months after that petition was denied, Saffold filed a further petition in the State Supreme Court, which denied the petition on the merits and for lack of diligence. The Federal District Court dismissed Saffold's subsequent federal habeas petition as untimely, finding that the federal statute of limitations was not tolled during the intervals between the denial of one state petition and the filing of the next because no application was pending during that time. In reversing, the Court of Appeals found that Saffold's petition was timely because the State Supreme Court based its decision not only on lack of diligence, but also on the merits. +" +TEST_0111,Miller,Air Line Pilots Association,"The Air Line Pilots Association (ALPA), a private-sector labor organization, represents pilots employed by Delta Air Lines. The collective-bargaining agreement between ALPA and Delta includes an ""agency shop"" clause that requires nonunion Delta pilots to pay ALPA a monthly service charge for representing them. 153 Delta pilots challenged in federal-court action the manner in which ALPA calculated agency fees. Under ALPA policy pilots who object to the fee calculation may request arbitration proceedings. When 174 Delta pilots filed objections to the agency-fee calculation, the ALPA treated the objections as requests for arbitration. The arbitrator sustained ALPA's calculation. The District Court concluded that the pilots seeking to challenge the fee calculation must exhaust arbitral remedies before proceeding in court. The Court of Appeals reversed the District Court. It found no legal basis for requiring objectors to arbitrate agency-fee challenges when they had not agreed to do so. +" +TEST_0112,Brown & Williamson Tobacco Corporation,Food and Drug Administration,"The Food, Drug, and Cosmetic Act (FDCA) grants the Food and Drug Administration (FDA) the authority to regulate, among other items, ""drugs"" and ""devices."" In 1996, the FDA asserted jurisdiction to regulate tobacco products, concluding that, under the FDCA, nicotine is a ""drug"" and cigarettes and smokeless tobacco are ""devices"" that deliver nicotine to the body. Accordingly, the FDA promulgated regulations governing tobacco products' promotion, labeling, and accessibility to children and adolescents. Brown & Williamson Tobacco Corporation, and a group of tobacco manufacturers, retailers, and advertisers, filed suit challenging the FDA's regulations. Brown moved for summary judgement on the ground that the FDA lacked the jurisdiction to regulate tobacco products as customarily marketed, or without manufacturer claims of therapeutic benefit. The District Court ruled that the FDA had jurisdiction over tobacco as a device, but that the agency had overstepped its authority in attempting to restrict tobacco advertising. In reversing, the Court of Appeals held that Congress had not granted the FDA jurisdiction to regulate tobacco products. The court found that the FDA's definition of tobacco as a device was flawed because the agency could not prove that the impact of tobacco products on the body was ""intended"" under the act. +" +TEST_0113,James J. Hill,Time Inc.,"In 1952, three escaped convicts took James Hill, his wife, and their five children hostage in their Whitemarsh, Pennsylvania, home. After nineteen hours, the family was released unharmed. The convicts were later apprehended in a violent clash with police during which two of them were killed. In 1953, Joseph Hays' published a novel based on the Hill family's ordeal. When the novel was subsequently made into a play, Life Magazine (""Life"") printed an article about the play that mirrored many of its inaccuracies concerning the Hill family's experience. Alleging that it deliberately misrepresented his story, Hill sought damages against Life. On appeal from an adverse ruling, the Appellate Division of the New York Supreme Court remanded for a new trial where a reduced adverse ruling was imposed on Life. Following an unsuccessful appeal in the New York Court of Appeals, the Supreme Court granted Life's owner, Time Inc. (""Time"") certiorari. +" +TEST_0114,Lago Vista Independent School District,Gebser,"Alida Star Gebser, a high school student in the Lago Vista Independent School District (""Lago Vista""), had a secret sexual affair with one of her teachers. At the time, Lago Vista had no official procedure for reporting sexual harassment nor any formal anti-harassment policy, as required by federal law. One day, after the two were discovered having sex, the teacher was arrested and fired. Claiming she was harassed in violation of Title IX of the Education Amendments of 1972 (the ""Amendments""), providing that no person ""be subjected to discrimination"" under any federally funded education program or activity, Gebser sought damages against Lago Vista. On appeal from a decision affirming a district court's ruling in favor of Lago Vista, the Supreme Court granted Gebser certiorari. +" +TEST_0115,MITE Corporation,Edgar,"The MITE Corp, organized under Delaware laws with its principal office in Connecticut, initiated a tender offer for all outstanding shares of Chicago Rivet & Machine Co., an Illinois corporation. The Illinois Business Take-Over Act requires a tender offeror to notify the Secretary of State and the target company of its intent to make a tender offer and the terms of the offer 20 days before the offer becomes effective. During that time, the target company, but not the offeror, is free to disseminate information about the offer to the target company's shareholders. In addition, the Secretary of State could call a hearing, and the offer could not proceed until the hearing was completed. Finally, the Secretary of State could deny registration of a takeover offer he or she found inequitable. MITE Corp. sought and won a declaratory judgment holding that the Illinois Act was pre-empted by the Williams Act, 15 U.S.C. Sections 78m(d)-(e) and 78n(d)-(f), and that it violated the Commerce Clause. +" +TEST_0116,"North Carolina State Board of Education, et al.","James E. Swann, et al.","Following a desegregation case that began in 1965, on February 5, 1970, the district court ordered the Charlotte-Mecklenburg school system to implement a court-approved desegregation plan. Prior to this order, a suit had been filed in state court that sought an order enjoining the use of public funds for the transportation of students for desegregation purposes. In the midst of the extensive litigation, the North Carolina legislature enacted an anti-busing bill. Swann and other plaintiffs sought injunctive and declaratory relief against the statute, and a three-judge panel was convened to consider the issue. The three-judge panel declared the statute unconstitutional. +" +TEST_0117,Carlos Dominguez Benitez,United States,"Carlos Dominguez Benitez confessed to selling drugs to an informant. He made a plea agreement with the government in which he would plead guilty to conspiracy to sell drugs, which normally carried a 10-year minimum sentence. However, the government agreed to ask the judge to reduce the sentence below that minimum. The plea agreement also said that, if the judge did not agree to the government's request to lower the sentence, Dominguez could not withdraw his guilty plea. During discussions of the plea, the judge failed to mention the fact that it prohibited him from withdrawing his plea (the written statement, which did contain the fact, was read to him at another time). When the judge ruled that he could not lower the sentence, Dominguez appealed. He argued that the judge's failure to tell him that he would be unable to withdraw his appeal was a ""plain error"" under Federal Rule of Criminal Procedure 52 and therefore required reversal. The prosecutors countered that, in order to show that the judge had made a ""plain error"" Dominguez would need to show not just that he had made a mistake but also that it was reasonably likely that, without the error, Dominguez would not have pled guilty. A Ninth Circuit Court of Appeals rejected that argument, siding with Dominguez to reverse the decision. +" +TEST_0118,Dickerson,United States,"During questioning about a robbery he was connected to, Charles Dickerson made statements to authorities admitting that he was the getaway driver in a series of bank robberies. Dickerson was then placed under arrest. The timing of his statement is disputed. The FBI and local detectives testified that Dickerson was advised of his Miranda rights, established in Miranda v. Arizona, and waived them before he made his statement. Dickerson said he was not read his Miranda warnings until after he gave his statement. After his indictment for bank robbery, Dickerson filed a motion to suppress the statement that he made on the ground that he had not received Miranda warnings before being interrogated. The government argued that even if the Miranda warnings were not read, the statement was voluntary and therefore admissible under 18 USC Section 3501, which provides that ""a confession shall be admissible in evidence if it is voluntarily given."" The District Court granted Dickerson's motion, finding that he had not been read his Miranda rights or signed a waiver until after he made his statement, but the court did not address section 3501. In reversing, the Court of Appeals acknowledged that Dickerson had not received Miranda warnings, but held that section 3501 was satisfied because his statement was voluntary. The court held that ""Congress enacted section 3501 with the express purpose of legislatively overruling Miranda and restoring voluntariness as the test for admitting confessions in federal court."" +" +TEST_0119,Vernon Hugh Bowman,"Monsanto Company, et al.","In 1994, the United States Patent and Trademark Office granted a patent to the Monsanto Company for genetic material from a virus that can be used to incorporate new genetic material into a plant. In 2006, Monsanto patented a gene that makes plants resistant to the glyphosate-based herbicides that farmers can use on weeds. Both patents are included in the Monsanto Technology agreement which states that growers who purchase Monsanto's products may only use the seed for a single season and may not sell the seeds to any other grower. Growers may sell the second-generation seed to a grain elevator. +Vernon Hugh Bowman, a farmer in Knox County, Indiana, began purchasing Monsanto's Pioneer Hi-Bred seed in 1999 and followed the terms of the agreement by not saving any of his seed. Also beginning in 1999, Bowman purchased second-generation seed from a grain elevator for his second planting and saved seeds from that purchase for reuse later. In 2006, Monsanto contacted Bowman to examine his planting activities and found that his second-round crops contained the patented genetic material. Monsanto sued Bowman for patent infringement. The district court granted summary judgment for Monsanto. The United States Court of Appeals for the Federal Circuit affirmed. +" +TEST_0120,United States,Almendarez-Torres,"8 USC section 1326(a) makes it a crime, punishable by up to two years in prison, for a deported alien to return to the United States without special permission. In 1998, Congress added subsection (b)(2), which authorizes a maximum prison term of 20 years for ""any alien described"" in subsection (a), if the initial ""deportation was subsequent to a conviction for commission of an aggravated felony."" In 1995, Hugo Almendarez-Torres pleaded guilty to violating section 1326. Ultimately, the District Court sentenced Almendarez- Torres to 85 months' imprisonment. The court rejected his argument that, because his indictment failed to mention his aggravated felony convictions, the court could not sentence him to more than the maximum sentence authorized by section 1326(a). In affirming, the Court of Appeals held that subsection (b)(2) is a penalty provision which permits the imposition of a higher sentence when the unlawfully returning alien also has a record of prior convictions. +" +TEST_0121,Maine Public Utilities Commission et al.,NRG Power Marketing LLC et al.,"The Maine Public Utilities Commission along with the attorneys general of Connecticut and Massachusetts filed for petitions of review of orders of the Federal Energy Regulatory Commission (FERC). FERC approved a settlement and redesigned New England's ""capacity"" electricity market, which Maine, Connecticut, and Massachusetts were subject to, even though they were not parties to the settlement. FERC denied their request for rehearing. +On appeal to the U.S. Court of Appeals for the District of Columbia, Maine, Connecticut, and Massachusetts argued that FERC erred in finding that ""transition payments"" under the settlement should be reviewed under the ""public interest"" standard as dictated by Mobile-Sierra rather than the ""just and reasonable"" standard. The District of Columbia Circuit agreed holding that the Mobile-Sierra doctrine should not apply to non-parties to the settlement agreement. It reasoned that the Mobile-Sierra doctrine is premised on the existence of a ""voluntary contract"" between the parties. Maine, Connecticut, and Massachusetts never entered a voluntary agreement with FERC and therefore the standard was inappropriate. +" +TEST_0122,United States,Alejandra Tapia,"Alejandra Tapia was convicted of bringing illegal aliens into the United States and of jumping bail after being charged with immigration crimes. Following the jury trial, a judge on the U.S. District Court for the Southern District of California sentenced Tapia to 51 months in prison, noting that one factor in giving her a longer sentence was to make sure she remained confined long enough to take part in a drug rehab program. +Tapia appealed the sentence, arguing that the district court committed plain error by basing her sentence on speculation about whether and when she could enter and complete the Bureau of Prison's 500-hour drug abuse treatment program. But in April 2010, the U.S. Court of Appeals for the Tenth Circuit affirmed the lower court order. +" +TEST_0123,"Michael A. Knowles, Warden",Alexandre Mirzayance,"Alexandre Mirzayance was convicted of first-degree murder in a California state court. He was subsequently denied post-conviction relief by the trial court and the California Court of Appeals. Mr. Mirzayance then petitioned for federal habeas corpus relief in a California federal district court. He maintained that he was denied his Sixth Amendment right to effective counsel because at trial, his attorney advised him to abandon his plea of not guilty by reason of insanity (NGI). The federal district court denied Mr. Mirzayance's petition, but was reversed by the U.S. Court of Appeals for the Ninth Circuit, which ordered an evidentiary hearing limited to determining whether ""there were tactical reasons for abandoning the defense."" +At the hearing, the Magistrate Judge found that Mr. Mirzayance's counsel had ""nothing to lose"" by going forward with the NGI plea and thus found his performance ineffective. The federal district court accepted this finding and granted Mr. Mirzayance's petition for habeas corpus relief. On appeal, the Ninth Circuit affirmed, reasoning that Mr. Mirzayance's attorney's advice to withdraw his NGI plea was unreasonable because there was ""reasonable probability"" the jury would find Mr. Mirzayance insane. The Supreme Court granted certiorari, vacated the Ninth Circuit's decision, and remanded the case for consideration in light of Carey v. Musladin. On remand, the Court of Appeals reaffirmed its decision stating that Mr. Mirzayance's attorney's failure to pursue the NGI defense constituted ineffective counsel because it ""secured no tactical advantage."" +" +TEST_0124,United States,Massachusetts,"In 1970, Congress imposed an annual registration tax on all civil aircraft that fly in the navigable airspace of the United States. The state of Massachusetts owned and utilized a helicopter for the purpose of patrolling highways and fulfilling other police duties. When Massachusetts refused to pay the tax, the federal government collected it from the state's accounts, plus interest and penalties. Massachusetts then sought a refund of the money collected. +" +TEST_0125,Reyno,Piper Aircraft Company,"(This summary was prepared by Tom Feledy.) +A British company, flying an airplane manufactured by Piper, a Pennsylvania company, equipped with propellers made by Hartzell, an Ohio company, conducted a charter flight in Scotland for five Scottish citizens. When the plane crashed, killing all on board, the next of kin, also Scottish, had a Los Angeles-based lawyer sue Piper and Hartzell for wrongful death. The suit was filed in a California state court, then removed to Federal District Court in California, and finally transferred to Federal District Court in Pennsylvania. There it was dismissed for forum non conveniens under the determination that the case should be tried in Scotland: the crash had occurred, the crash investigation had been conducted there by British authorities, and the pilot's estate, the plane's owners, and the charter company were all located there. However, respondents successfully appealed, claiming that substantive law in Scotland would be unfavorable to their case. Scotland, unlike Pennsylvania, had no strict liability law, which, along with negligence, respondents were relying upon in order to prevail. +" +TEST_0126,Jeffrey Jerome Salinas,United States,"Jeffrey Jerome Salinas was charged with bank robbery in federal district court. The district court treated Salinas’ two prior robbery convictions as unrelated. But because he had a prior conviction for possession of a controlled substance, he was treated as a career offender for sentencing purposes, which meant that his sentence was increased in accordance with the U.S. Sentencing Guidelines. The U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling and held that the district court properly treated Salinas’ prior robbery convictions as unrelated and that his conviction for simple possession of a controlled substance was a “controlled substance offense” within the meaning of ""career offender"" for sentencing purposes. +" +TEST_0127,"Carlos Romero-Barcelo, Radamees Tirado Guevara, Environmental Quality Board","Caspar W. Weinberger, Secretary of Defense","The island of Vieques lay six miles off the southeastern coast of Puerto Rico. Vieques’ population of 8,000 mostly lived in two coastal towns and in a rural area outside of those two towns. Of a total area of approximately 33,000 acres, the United States Navy owned 25,231.72 acres, slightly more than 76% of the island. +The Navy’s installations on the eastern part of Vieques were part of a large military complex known as the Atlantic Fleet Weapons Training Facility, headquartered at Roosevelt Roads Naval Station. This consisted of four firing ranges; the outer range was a large area of ocean thirty-five miles to the north and twenty miles to the south of Vieques. Two separate inland areas were used for artillery training, strafing, air-to-ground bombing, and simulating close air support; no targets existed in the area between the eastern border of these areas and Punta Este, the easternmost point of Vieques. During air-to-ground training, however, pilots sometimes accidentally discharged ordnance into the navigable waters around Viques. +Carlos Romero-Barceleo was the governor of the Commonwealth of Puerto Rico. Along with Radamees Tirado Guevara, the mayor of Vieques, and Puerto Rico’s Environmental Quality Board, Romero-Barceleo sought to enjoin the United States Navy from using any part of its lands in Vieques, or in its surrounding waters, to carry out naval training operations. Plaintiffs alleged harm to all residents of Vieques and violations of numerous environmental laws, including the Federal Water Pollution Control Act (FWPCA). Under the FWPCA, the addition of any pollutant from any point source into the navigable waters of the United States required a National Pollutant Discharge Elimination System (NPDES) permit from the Environmental Protection Agency. +The district court acknowledged that the release of ordnance into navigable waters was a discharge of pollutants, but it refused to enjoin Navy operations, instead ordering the Navy to apply for an NPDES permit. The United States Court of Appeals, First Circuit, reversed. It ordered the Navy to cease operations until it obtained an NPDES permit. It held that the Navy has an absolute statutory obligation to stop any discharges of pollutants until it obtains a permit despite the importance of its operations to the public good. +" +TEST_0128,"Charlotte Cuno, et al.",DaimlerChrysler Corp.,"As part of Ohio's economic development plan, DaimlerChrysler agreed to expand its operations in Toledo in exchange for tax exemptions and tax credits worth roughly $280 million. Charlotte Cuno and others challenged the deal, however, arguing that Ohio had violated the Commerce Clause of the U.S. Constitution by offering the tax incentives. A federal district court disagreed, ruling for DaimlerChrysler, but on appeal a panel of the Sixth Circuit Court of Appeals reversed. The panel found that the tax incentives coerced businesses to expand in Ohio at the expense of other states, and were therefore unconstitutional manipulations of interstate commerce. +" +TEST_0129,Tennessee,Garner,"These are two consolidated cases against different defendants involving the same incident. During a chase, police officer Elton Hymon shot 15-year-old Edward Eugene Garner with a hollow tip bullet to prevent Garner from escaping over a fence. Garner was suspected of burglarizing a nearby house. Hymon admitted that before he shot he saw no evidence that Garner was armed and ""figured"" he was unarmed. The bullet hit Garner in the back of the head. Garner was taken to the hospital where he died a short time later. +Garner's father sued seeking damages for violations of Garner's constitutional rights. The district court entered judgment for the defendants because Tennessee law authorized Hymon's actions. The court also felt that Garner had assumed the risk of being shot by recklessly attempting to escape. The U.S. Court of Appeals for the Sixth Circuit reversed, holding that killing a fleeing suspect is a ""seizure"" under the Fourth Amendment and such a seizure would only be reasonable if the suspect posed a threat to the safety of police officers or the community at large. +" +TEST_0130,"Reader's Digest Association, Inc., et al.",Ilya Wolston,"In 1957 and 1958, Ilya Wolston’s aunt and uncle, Myra and Jack Soble, were the subject of an investigation to find Soviet intelligence agents in the United States. On one occasion, Wolston failed to respond to a subpoena and pleaded guilty to a contempt charge. The incident was publicized in newspapers, but Wolston succeeded in returning to life as a private citizen. In 1974, Reader’s Digest Association published a book by John Barron about the KGB and Soviet agents in the United States. The book and its index identified Wolston as a Soviet agent. +Wolston sued the author and publishers for libel in district court. The district court granted summary judgment for the Association and held that Wolston was a “public figure” and had to prove the Association acted with actual malice to prevail in a libel suit. The Court of Appeals for the District of Columbia Circuit affirmed. +" +TEST_0131,Frank Ricci et al.,John DiStefano et al.,"White and Hispanic candidates for promotion in the New Haven, CT fire department sued various city officials in the United States District Court for the District of Connecticut when the New Haven Civil Service Board (CSB) failed to certify two exams needed for the plaintiffs' promotion to Lieutenant and Captain. The CSB did not certify because the results of the test would have promoted a disproportionate number of white candidates in comparison to minority candidates. The plaintiffs argued that their rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, and the 14th Amendment Equal Protection Clause were violated. The federal district court granted the defendants' motion for summary judgment. +On appeal, the United States Court of Appeals for the Second Circuit affirmed. It reasoned that the CSB, by refusing to certify the results of the promotional exam, was trying to fulfill its obligations under the rules utilized by the plaintiffs in their argument and therefore was protected in its actions. +" +TEST_0132,"Ritzen Group, Inc.","Jackson Masonry, LLC","Ritzen Group contracted to buy a piece of property from Jackson Masonry, but the sale was never completed. Ritzen claims that Jackson breached the contract by providing erroneous documentation about the property just before the deadline, while Jackson claims Ritzen breached by failing to secure funding to purchase the property by the deadline. +Ritzen sued Jackson for breach of contract in Tennessee state court, and just before trial, Jackson filed for bankruptcy, triggering an automatic stay of the litigation under 11 U.S.C. § 362. Ritzen filed a motion to lift the stay, which the bankruptcy court denied, and Ritzen did not appeal the denial. Instead, Ritzen brought a claim against the bankruptcy estate. The bankruptcy court ruled for Jackson, finding that Ritzen, not Jackson, breached the contract. +After this adverse ruling, Ritzen filed two appeals in the district court. The first appeal arose from the bankruptcy court’s order denying relief from the automatic stay (which Ritzen did not appeal at the time). The second appeal arose from the bankruptcy court’s determination that Ritzen, not Jackson, breached the contract. The district court ruled against Ritzen on both appeals; the first appeal was untimely filed, and the second one failed on the merits. +Ritzen appealed to the U.S. Court of Appeals for the Sixth Circuit, which reviewed the bankruptcy court’s findings of fact under the abuse of discretion standard and its legal conclusions de novo. The Sixth Circuit affirmed, finding that Ritzen had missed two deadlines: the contract deadline, leading to its breach, and the appeal deadline, leading to its waiver of appeal. +" +TEST_0133,United States,Ferris Alexander,"Ferris Alexander was the owner of a chain of stores and theaters in Minnesota that distributed sexually explicit media. He was charged with violating federal obscenity laws and the Racketeer Influenced and Corrupt Organizations Act (RICO). The federal District Court in Minnesota found him guilty of both charges. The court ordered him to forfeit his businesses, sentenced him to a six-year prison term, and fined him $100,000. +Alexander appealed, claiming that the confiscation of his stores for his dealings in obscene material amounted to 'prior restraint' on his subsequent distribution of adult materials, and therefore violated his First Amendment rights. He also claimed that the seizure of his business violated his Eighth Amendment protection against excessive fines. The United States Court of Appeals for the Eighth Circuit affirmed the District Court's judgment on the First Amendment claim, and declined to review the Eighth Amendment claim on the ground that no sentence less severe than life imprisonment without parole could justify an Eighth Amendment review. +" +TEST_0134,"Lamar, Archer & Cofrin, LLP",R. Scott Appling,"R. Scott Appling hired the law firm of Lamar, Archer & Cofrin, LLP (“Lamar”) to represent him in legal proceedings against the former owners of his business. Appling incurred significant legal fees, and verbally told Lamar that he would be able to pay them after he received a sizeable tax refund that he was expecting. In reliance upon this statement, the firm continued to represent him through the conclusion of the litigation. Appling received a tax refund, though it was smaller than what he had told Lamar he was anticipating, and he put it into his business rather than paying the debt he owed to Lamar. Lamar obtained a judgment against Appling, and Appling subsequently filed for bankruptcy. Lamar initiated an adversary proceeding to collect the debt, and the bankruptcy court ruled that the amount was not dischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) because Lamar had justifiably relied upon Appling’s fraudulent statements. The district court affirmed. +The 11th Circuit reversed and remanded. Noting a circuit split on how to construe the statute at issue, the court explained that because Appling’s fraudulent statements about his tax refund were not in writing and qualified as statements “respecting [his] . . . financial condition” under § 523(a)(2)(B), the debt could be discharged. +" +TEST_0135,Alden,Maine,"A group of probation officers sued their employer, the State of Maine, in 1992 alleging that the state had violated the overtime provisions of the 1938 Fair Labor Standards Act. Following the Court's decision in Seminole Tribe v. Florida (1996) which held that States are immune from private suits in federal court and that Congress lacks the authority to abrogate that immunity the probation officers' suit was dismissed in Federal district court. Alden and the other probation officers then sued Maine again for violating the Fair Labor Standards Act, this time in state court. The state trial court and the state supreme court both held that Maine had sovereign immunity and could not be sued by private parties in their own court. +" +TEST_0136,Robert Aquilino and Joseph Sero dba Home Maintenance Co.,"United States, Ada Bottone, Fleetwood Paving Corp., Colonial Sand and Stone Co. Inc.","A general contractor defaulted on federal tax payments and payments to subcontractors. Under the Internal Revenue Code, the U.S. government claimed priority over the lien on the “property rights to the property” of the general contractor. The subcontractors also claimed priority, because the amounts owed to them were large enough that they constituted “trust funds” under a New York tax law. The subcontractors were the beneficiaries of these “trust funds” so the general contractor had no property rights. The New York Supreme Court, Special Term, granted the subcontractor’s motion to for summary judgment and the Appellate Division affirmed. The Court of Appeals of New York ruled in favor of the United States +" +TEST_0137,John Clyde Abel,United States,"In 1981, John Abel was indicted for robbing a bank in California. During Abel’s trial, the prosecution called one of his accomplices, Kurt Ehle, to testify that Abel had participated in the robbery. To counter Ehle’s testimony, Abel called a mutual friend, Robert Mills, to the stand. Mills, Abel, and Ehle knew each other from the time they spent in prison together and their involvement in a prison gang, the Aryan Brotherhood. Mills testified that, in prison, Ehle had talked about his plans to rob the bank and blame it on Abel. To discredit Mills, the prosecution re-called Ehle to the stand to expose the three men’s involvement in the Brotherhood and the gang’s strict code of protection, which required members to lie, cheat, steal, and kill to protect a fellow member. Ehle testified that this code of conduct explained why Mills testified in defense of Abel. Abel’s counsel argued that this testimony was irrelevant, but the district court allowed it into evidence because the probative value of the evidence outweighed any prejudicial effect it may have on Abel. Abel lost and appealed to the U.S. Court of Appeals for the Ninth Circuit, which reversed because admitting evidence that Mills belonged to a perjurious organization, to suggest he was committing perjury this time, unfairly prejudiced him by association absent any evidence of his individual willingness to lie.  +" +TEST_0138,Dan Wideman et al.,Steven Lefemine dba Columbia Christians for Life,"Steven Lefemine and Members of the Columbia Christians for Life engaged in pro life demonstrations where they carry posters featuring graphic pictures of aborted fetuses. During a protest in Greenwood, South Carolina, police officers told Lefemine that he would be ticketed for a breach of the peace if he did not discard the posters. Lefemine objected, arguing that the police officers were infringing on his First Amendment right to free speech, but he eventually disbanded the group. A year later, Lefemines attorney sent a letter to Dan Wideman, sheriff of Greenwood County, informing him that the group would be protesting again on the same site with the posters. The police reiterated that they would ticket the group if they showed up with the offending posters. The group decided not to protest, but two years later Lefamine filed a complaint alleging First Amendment violations and seeking nominal damages, a declaratory judgment, a permanent injunction, and attorneys fees. +Under the Civil Rights Attorney Fees Act the prevailing party in a suit may recover attorney fees from the opposing party. The district court issued a permanent injunction against the police officers, but declined to award money damages. The court also denied attorney fees, holding that attorney fees were not warranted. The U.S. Court of Appeals for the Fourth Circuit affirmed, holding that Lefemine was not a prevailing party under the Act. The court reasoned that the injunction did not alter the relative positions of the parties, so no party actually prevailed. +" +TEST_0139,"Ohio Civil Rights Commission, et al.","Dayton Christian Schools, Inc., et al.","Dayton Christian Schools, Inc. (Dayton) is a private, non-profit corporation formed by two churches for the purposes of providing private education at the primary and secondary levels. The corporate charter includes a section that requires employees to subscribe to a particular set of religious beliefs, including a resolution of disputes through the “Biblical chain of command,” which means that all disputes must be handled internally, without redress in civil court. p> +Linda Hoskinson was a teacher at Dayton during the 1978-1979 school year. She agreed to the requirement of the corporate charter, including the Biblical chain of command. In January 1979, Hoskinson informed her principal that she was pregnant and was told that her employment contract would not be renewed because of the organization’s belief that mothers should stay home with their young children. Rather than appealing the decision internally, Hoskinson contacted a lawyer and threatened to sue based on state and federal sex discrimination laws if her employment contract was not renewed. Hoskinson was suspended and then fired for going outside of the internal dispute resolution system. +Hoskinson filed a complaint with the Ohio Civil Rights Commission, which filed an order that required Dayton to reinstate Hoskinson with backpay. When Dayton did not respond, the Commission filed suit. Dayton responded by arguing that that the First Amendment prevented the Commission from having jurisdiction over the exercise of religious beliefs. While the administrative proceedings were pending, Dayton sued the commission in district court and sought an injunction against the state proceedings because they violated the First Amendment. The Commission filed a motion to dismiss and argued that federal abstention doctrines meant that the district court should let the administrative proceedings run their course. The district court refused the issue the injunction without addressing the abstention argument. The U.S. Court of Appeals for the Sixth Circuit reversed and held that allowing the Commission jurisdiction over Dayton would violate the First Amendment. +" +TEST_0140,Quill Corporation,"North Dakota by and through its Tax Commissioner, Heitkamp","Through its Tax Commissioner, the state of North Dakota filed an action in state court to force the Quill Corporation, an out-of-state mail-order office equipment retailer, to charge a North Dakota use tax on Quill merchandise to be used within the state. The state court ruled in favor of Quill, grounding its decision on Bellas Hess, Inc. v. Department of Revenue of Illinois, 386 U.S. 753. In this 1967 case, the United States Supreme Court found a similar Illinois statute to be in violation of both the Due Process Clause of the Fourteenth Amendment and the Commerce Clause of the United States Constitution. The North Dakota Supreme Court reversed, basing its decision on a rejection of Bellas Hess in light of the ""tremendous social, economic, commercial, and legal innovations"" since it had been decided. +" +TEST_0141,Jimmy Swaggart Ministries,Board of Equalization of California,"California law required retailers to pay a 6 percent sales tax on in-state sales of tangible personal property and residents to pay a 6 percent use tax on such property if purchased out of state. Jimmy Swaggart Ministries, incorporated in Louisiana, sold religious materials to California residents through several direct and mail-order ""evangelistic crusades."" After auditing his ministry, the California Board of Equalization (""Board"") told Swaggart that under California law he had to register his ministry as a seller so the Board could collect the appropriate sales and use taxes. After paying the taxes, Swaggart petitioned the Board for a refund. When his petition was rejected, Swaggart challenged the Board in state court. Following two unfavorable rulings below, the U.S. Supreme Court granted Swaggart's petition for certiorari. +" +TEST_0142,United States,Hughes Anderson Bagley,"In October 1977, Hughes Anderson Bagley was indicted on fifteen charges of violating federal narcotics and firearms statutes. The government’s two principal witnesses were James F. O’Connor and Donald E. Mitchell, private security guards. Between April and June 1977, they assisted the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) in conducting an undercover investigation of Bagley. In response to a discovery request for information about any deals, promises or inducements made to O’Connor or Mitchell, the government produced only affidavits from each man stating that each spoke without any threats or rewards, or promises of reward. Bagley waived his right to a jury trial. At trial, O’Connor and Mitchell testified about the firearms and narcotics charges. On December 23, 1977, the court found Bagley guilty on the narcotics charges, but not the firearms charges. +In mid-1980, Bagley filed requests pursuant to the Freedom of Information Act and to the Privacy Act of 1974. He received copies of ATF form contracts, each entitled, “Contract for Purchase of Information and Payment of Lump Sum Therefor.” These contracts indicated that O’Connor and Mitchell provided information to the ATF and promised a future payment of $300 to each informer. Bagley moved to vacate his sentence under 28 U.S.C. § 2255, alleging that the government’s failure to disclose the contracts violated his right to due process under the Fourteenth Amendment. +The motion came before the same district judge who presided at Bagley’s trial. At an evidentiary hearing, a magistrate found that neither informant expected payment for his testimony. In contrast, the district judge found that O’Connor and Mitchell probably expected to receive compensation for their assistance, and that the government suppressed evidence favorable to Bagley. He also concluded, however, that the disclosure would not have had an effect on the court’s verdict. He emphasized that Bagley’s counsel did not seek to discredit O’Connor or Mitchell on cross-examination. The United States Court of Appeals, Ninth Circuit, reversed, reasoning that the government’s failure to disclose required automatic reversal because it impaired Bagley’s Sixth Amendment right to confront adverse witnesses through effective cross-examination. +" +TEST_0143,Dominic Oliveira,New Prime Inc.,"Dominic Oliveira completed an apprenticeship program offered by New Prime Inc. (Prime), an interstate trucking company. After Oliveira graduated from the program, Prime representatives advised Oliveira to set up a limited liability company and work for Prime as an independent contractor, as manifested by an independent contractor operating agreement signed by Oliveira on behalf of his new LLC. Oliveira alleges that Prime exercised significant control over his work, inconsistent with his status as an independent contractor. Oliveira terminated his contractor relationship with Prime and began working as an employee of Prime, where his job responsibilities were “substantially identical” to those he had as an independent contractor. +Oliveira then brought a class-action lawsuit against Prime, alleging violations of the Fair Labor Standards Act (FLSA), a state minimum-wage statute, among other claims. Prime filed a motion to compel arbitration under the Federal Arbitration Act (FAA), which Oliveira opposed on the grounds that the contract is exempted under Section 1 of the FAA and that anyway, the question of applicability of the Section 1 exemption was one for the court to decide. +The district court concluded that the question of applicability of Section 1 of the FAA was for the court to decide, and it then held that “contracts of employment of transportation workers” does not extend to independent contractors. Having reached this conclusion, the district court ordered additional discovery on the issue of whether Oliveira was an employee or an independent contractor in order to be able to decide whether the contract was a contract of employment under Section 1. The district court thus denied Prime’s motion to compel arbitration. +The US Court of Appeals for the First Circuit affirmed the district court’s order denying the motion to compel arbitration, finding that the applicability of the FAA is a threshold question for the court to determine. The appellate court then held that Section 1 does apply to agreements that purport to establish an independent-contractor relationship. +" +TEST_0144,Massachusetts,Melvin T. Smith,"Melvin T. Smith was tried in for illegal possession of a firearm, among other offenses. During the trial the judge ruled Smith was not guilty because the state failed to introduce direct evidence of the gun's length - therefore not proving the gun Smith possessed met the statutory definition of a firearm. The state later pointed to the state supreme court's ruling that testimony that a gun was a pistol or revolver was sufficient evidence to allow a firearm charge to go to the jury. Because a witness had testified that Smith's gun was a pistol, the judge reversed and sent the possession charge to the jury. +Smith appealed and argued the judge's reversal of the not guilty ruling on the possession charge violated the Fifth Amendment's doubly jeopardy clause, which prohibited successive prosecutions. The state court of appeals rejected Smith's argument and ruled no Fifth Amendment violation occurred because the judge's reversal did not require a second proceeding. +" +TEST_0145,United States of America,Florencio Rosales-Mireles,"Florencio Rosales-Mireles pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(2). His total criminal-history score was calculated according to the US Sentencing Guidelines Manual, but when calculating the criminal-history score, the probation officer erroneously counted a 2009 Texas conviction of misdemeanor assault twice. His total criminal-history score, combined with other factors, led a sentence of 78 months of imprisonment and a three-year term of supervised release. Rosales-Mireles did not object to the sentence after it was imposed. +The Fifth Circuit found that Rosales-Mireles met the three prongs necessary to meet the plain error standard. However, if all three prongs are met, the court has the discretion to remedy the plain error if the error “seriously affects the fairness, integrity or public reputation of judicial proceedings.” The court declined to exercise its discretion in this case and therefore affirmed the judgment of sentence. +" +TEST_0146,"Eric H. Holder, Jr., Attorney General","Akio Kawashima, et ux.","Akio Kawashima and Fusako Kawashima are natives and citizens of Japan. The Kawashimas were admitted to the United States as lawful permanent residents in 1984. Nearly 10 years later, Akio Kawashima pleaded guilty to subscribing to a false statement on a federal tax return, and Fusako Kawashima pleaded guilty to aiding and assisting in preparing the false tax return statement. +Immigration officials began proceedings to deport the couple who had failed to report more than $245,126 in taxable income from two restaurants they own. Anything more than $10,000 is considered an aggravated felony, and the United States Court of Appeals for the 9th Circuit upheld their deportation. +" +TEST_0147,Malesko,Correctional Services Corporation,"In 1993, John E. Malesko was assigned to a bedroom on the fifth floor of the Le Marquis Community Correctional Center, a facility that houses federal inmates run by the Correctional Services Corporation (CSC) under contract with the Bureau of Prisons. After CSC instituted a policy requiring inmates residing below the sixth floor to use the stairs rather than the elevator, Malesko, who was afflicted with a heart condition limiting his ability to climb stairs, was exempted form the policy. When a CSC employee did not let Malesko use the elevator, he climbed the stairs, suffered a heart attack, and fell. Subsequently, Malesko filed a suit, alleging that CSC was negligence in refusing him the use of the elevator. Under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, in which the U.S. Supreme Court recognized for the first time an implied private action for damages against federal officers alleged to have violated a citizen's constitutional rights, the District Court dismissed the suit, finding that such an action may only be maintained against individuals. In reversing, the Court of Appeals reasoned that such private entities should be held liable under Bivens to accomplish Bivens' goal of providing a remedy for constitutional violations. +" +TEST_0148,Robert S. Minnick ,Mississippi,"Robert S. Minnick and James Dyess escaped from the Clark County Jail. The next day, they broke into a mobile home to search for weapons. While in the home, the owner returned with a friend and the friend’s infant son. Minnick and Dyess shot and killed the two adults and tied up two young women who arrived later. Minnick and Dyess fled to Mexico, but after a falling out, Minnick went to California alone where police arrested him on a warrant for the Mississippi murders. +After the arrest, two FBI officers came to interview Minnick at the San Diego Jail. Minnick refused, asking the officers to “Come back Monday when I have a lawyer.” Minnick did meet with an appointed lawyer on two or three occasions. The next Monday, the deputy sheriff of Clark County came to question Minnick. Prison officials told Minnick he “could not refuse” to speak to the sheriff. The deputy sheriff advised Minnick of his rights and Minnick refused to sign a waiver form. Minnick then confessed to one of the murders, saying that Dyess forced him to shoot. At trial, Minnick moved to suppress those statements, but the court denied the motion, reasoning that Edwards v Arizona only required counsel to be made available to an accused. Minnick argued that he was entitled to have counsel present at all questioning. The jury found Minnick guilty of capital murder and sentenced him to death. The Supreme Court of Mississippi affirmed, holding that Minnick’s Fifth Amendment right to counsel was satisfied because he had met with counsel. +" +TEST_0149,United States,"Kingdomware Technologies, Inc.","Various policies, regulations, and statutes of the federal government are intended to promote small businesses, especially those run by veterans. Although agencies generally have wide discretion to decide what method of contracting to use, a 2003 amendment to the Small Business Act established a goal of awarding three percent of government contracts to service-disabled veteran-owned small businesses, and the Veterans Act of 2006 expanded the reach of the relevant provisions. +Kingdomware Technologies is a small business owned and controlled by a service-disabled veteran and has been certified as such by the Department of Veteran Affairs (VA). In 2012, Kingdomware filed a bid for a project, but the VA awarded the contract to a company that was not a veteran-owned business. Kingdomware filed a bid protest with the Government Accountability Office (GAO) and argued that the contract award was illegal. The GAO issued a recommendation that the VA cancel the contract and re-solicit bids. The VA refused to accept the recommendation, and Kingdomware sued in U.S. Court of Federal Claims, which held that there was sufficient ambiguity in the relevant statute and that the VA’s interpretation was reasonable, so therefore the contract award should stand. The U.S. Court of Appeals for the Federal Circuit affirmed. +" +TEST_0150,Black,Virginia,"Barry Black, Richard Elliott, and Jonathan O'Mara were convicted separately of violating a Virginia statute that makes it a felony ""for any person..., with the intent of intimidating any person or group..., to burn...a cross on the property of another, a highway or other public place,"" and specifies that ""any such burning...shall be prima facie evidence of an intent to intimidate a person or group."" At trial, Black objected on First Amendment grounds to a jury instruction that cross burning by itself is sufficient evidence from which the required ""intent to intimidate"" could be inferred. He was found guilty. O'Mara pleaded guilty to charges of violating the statute, but reserved the right to challenge its constitutionality. In Elliott's trial, the judge did not give an instruction on the statute's prima facie evidence provision. Ultimately, the Virginia Supreme Court held, among other things, that the cross-burning statute is unconstitutional on its face and that the prima facie evidence provision renders the statute overbroad because the probability of prosecution under the statute chills the expression of protected speech. +" +TEST_0151,National Meat Association,"Kamala D. Harris, Attorney General of California, et al.","The National Meat Association contends that the Federal Meat Inspection Act prevents California from imposing its requirements on federally inspected slaughterhouses. In 2008, the state enacted the law after the Humane Society of the United States released a video of so-called downer cows being kicked, electrocuted, dragged with chains and rammed with a forklift at a slaughterhouse. The California law bans slaughterhouses from buying or selling downer cows and from butchering them for human consumption. The measure also requires humane handling of the animals. +The U.S. Court of Appeals for the Ninth Circuit refused to grant a preliminary injunction blocking the law. Although the court said the humane-handling provision probably was pre-empted by federal law, the three-judge panel declined to block it, saying the trade group hadn't shown its members would suffer ""irreparable injury."" +" +TEST_0152,"Brian Schaffer, a minor, by his parents and next friends, Jocelyn and Martin Schaffer, et ux, et al.","Jerry Weast, Superintendent, Montgomery County Public Schools, et al.","The parents of Brian Schaffer, a disabled child, sued their public school district under the Individuals with Disabilities Education Act (IDEA). Schaffer's parents claimed the Individualized Education Program that the school system devised for their son, and which IDEA required for each disabled student, was inadequate. The district court ruled for the Schaffers, but the Fourth Circuit reversed, holding that the lower court incorrectly assigned the burden of proof to the school system. Because IDEA was silent on whether the parents or the school system bear the burden of proof, the Fourth Circuit held, the general rule that the party initiating the suit bears that burden should be applied. +" +TEST_0153,Clarissa Marsh,"Gloria Richardson, Warden","Clarissa Marsh, Benjamin Williams, and Kareem Martin were charged with the assault of Cynthia Knighton and the murder of her four-year-old son, Koran, and her aunt, Ollie Scott. Despite Marsh’s objections, she and Williams were tried jointly. The prosecution entered Williams’ confession into evidence, although the confession was redacted to prevent any mention of anyone other than Williams and Martin being involved in the crime. In his closing argument, the prosecution admonished the jury not to use Williams’ confession against Marsh but linked her testimony to events in the confession. The judge also instructed the jury not to use the confession against Marsh. Marsh was convicted, the Michigan Court of Appeals affirmed, and the Michigan Supreme Court denied the appeal. +Marsh filed a writ of habeas corpus and argued that the introduction of the confession violated her rights under the Confrontation Clause. The district court denied the petition. The United States Court of Appeals for the Sixth Circuit reversed. +" +TEST_0154,"Dayton Christian Schools, Inc., et al.","Ohio Civil Rights Commission, et al.","Dayton Christian Schools, Inc. (Dayton) is a private, non-profit corporation formed by two churches for the purposes of providing private education at the primary and secondary levels. The corporate charter includes a section that requires employees to subscribe to a particular set of religious beliefs, including a resolution of disputes through the “Biblical chain of command,” which means that all disputes must be handled internally, without redress in civil court. p> +Linda Hoskinson was a teacher at Dayton during the 1978-1979 school year. She agreed to the requirement of the corporate charter, including the Biblical chain of command. In January 1979, Hoskinson informed her principal that she was pregnant and was told that her employment contract would not be renewed because of the organization’s belief that mothers should stay home with their young children. Rather than appealing the decision internally, Hoskinson contacted a lawyer and threatened to sue based on state and federal sex discrimination laws if her employment contract was not renewed. Hoskinson was suspended and then fired for going outside of the internal dispute resolution system. +Hoskinson filed a complaint with the Ohio Civil Rights Commission, which filed an order that required Dayton to reinstate Hoskinson with backpay. When Dayton did not respond, the Commission filed suit. Dayton responded by arguing that that the First Amendment prevented the Commission from having jurisdiction over the exercise of religious beliefs. While the administrative proceedings were pending, Dayton sued the commission in district court and sought an injunction against the state proceedings because they violated the First Amendment. The Commission filed a motion to dismiss and argued that federal abstention doctrines meant that the district court should let the administrative proceedings run their course. The district court refused the issue the injunction without addressing the abstention argument. The U.S. Court of Appeals for the Sixth Circuit reversed and held that allowing the Commission jurisdiction over Dayton would violate the First Amendment. +" +TEST_0155,Rust,Sullivan,"The national government provides funds for family planning services (Title X). The Department of Health and Human Services issued regulations limiting the ability of Title X fund recipients to engage in abortion-related activities. Title X funds were to be used only to support preventive family planning services. +" +TEST_0156,Taylor,Williams,"Michael Wayne Williams was sentenced to death after he was convicted of two capital murders. Ultimately, Williams sought federal habeas relief, in which he requested an evidentiary hearing on three constitutional claims, regarding the fairness of his trial, which he had tried unsuccessfully to develop in the state-court proceedings. The District Court granted Williams' evidentiary hearing. However, before any hearing could be held, the Court of Appeals granted the Commonwealth's requests for an emergency stay and for a writ of mandamus and prohibition. The Commonwealth argued that Williams' evidentiary hearing was prohibited by federal law as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). On remand, the District Court dismissed Williams' petition citing the AEDPA statute and finding that Williams failed to show ""actual innocence."" In affirming, the Court of Appeals found that Williams could not satisfy the statute's conditions for excusing his failure to develop the facts of his claims and barred him from receiving an evidentiary hearing. +" +TEST_0157,W. M. Gurley dba Gurley Oil Co. ,"Arny Rhoden, Chairman, Tax Commission of Mississippi","Gurley Oil Co. owned five gas stations in Mississippi and purchased gas tax-free out of state. Gurley added both federal and state excise taxes on to the retail price of the gasoline. Mississippi imposed an additional 5% tax on the “gross proceeds” of all gas sales. Mississippi did not permit Gurley to deduct the state and federal excise taxes from the “gross proceeds” before calculating the 5% tax. Gurley paid the tax under protest, but sued for a refund. They alleged that not allowing a pretax deduction of the excise taxes was an unconstitutional taking under the Fifth Amendment. Gurley argued that the company was just a collector of taxes paid by the consumer, so those taxes were not actually part of his gross receipts. The chancery court dismissed the suit and the Supreme Court of Mississippi affirmed. +" +TEST_0158,United States,Whren,"Whren and Brown were driving in a 'high drug area.' Some plainclothes officers, while patrolling the neighborhood in an unmarked vehicle, noticed Whren and Brown sitting in a truck at an intersection stop-sign for an usually long time. Suddenly, without signaling, Whren turned his truck and sped away. Observing this traffic violation, the officers stopped the truck. When they approached the vehicle, the officers saw Whren holding plastic bags of crack cocaine. Whren and Brown were arrested on federal drug charges. Before trial, they moved to suppress the evidence contending that the officers used the traffic violation as a pretext for stopping the truck because they lacked either reasonable suspicion or probable cause to stop them on suspicion of drug dealing. The District Court denied the motion to suppress and convicted the petitioners. The Court of Appeals affirmed. The Supreme Court granted certiorari. +" +TEST_0159,United States,Idaho,"In 1873, the Coeur d'Alene Tribe agreed to relinquish all claims to its aboriginal lands outside the bounds of a more substantial reservation that U.S. negotiators agreed to set apart for the tribe's exclusive use. The reservation included part of the St. Joe River and virtually all of the Lake Coeur d'Alene. President Grant set the land aside in an 1873 Executive Order. In 1891, Congress ratified agreements in which the Tribe agreed to cede its rights to all land except that within the Executive Order reservation, and the Government promised to compensate the Tribe and agreed to hold the land forever as Indian land and the Tribe agreed to cede the reservation's northern portion, including two-thirds of the lake, for compensation. The United States initiated an action against Idaho to quiet title in the United States, in trust for the Tribe, to the submerged lands within the current reservation. The District Court quieted title in the United States as trustee, and the Tribe as beneficiary, to the bed and banks of the lake and the river within the reservation. The Court of Appeals affirmed. +" +TEST_0160,Brady,Complete Auto Transit Inc.,"Complete Auto Transit was a Michigan corporation doing business in Mississippi. Complete shipped cars into the state where they were distributed for sale. Mississippi imposed a tax on transportation companies for the ""privilege of doing business"" in the state. The tax was applied equally to businesses involved in intra-and interstate commerce. +" +TEST_0161,Tim Wood et al.,Michael Moss et al.,"During the 2004 presidential campaign, President George W. Bush's team scheduled a campaign stop in Jacksonville, Oregon. With the approval of local law enforcement agencies, opponents of President Bush organized a peaceful demonstration to protest his policies. The demonstration took place at a public park before moving to the street near the local inn where the President was staying. Eventually, both opponents and supporters of President Bush gathered on the street of near the entrance to the inn, and each group had equal access to deliver its message to the President at the time of his arrival. Before the President arrived, Secret Service agents ordered local police to push protestors away from the immediate area for security reasons. The agents then ordered that the protesters be driven farther away from the inn onto the east side of 5th street. However, agents failed to give the same directive for supporters who remained stationed on the streets close to the inn. The plaintiffs alleged that the orders to move were unintelligibly given and that police proceeded to use force before confirming that the orders were understood or were being followed. +" +TEST_0162,Atlantic Research Corporation,United States,"Atlantic Research Corp. (Atlantic) built rocket motors for the United States government at an Arkansas facility. When residue from burnt rocket fuel contaminated the site, Atlantic voluntarily cleaned up the contamination and later sought cost recovery from the government under Section 107(a) and Section 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Some Courts of Appeals had interpreted Section 107(a) as implicitly allowing a party responsible for contamination to compel other partly-responsible parties to contribute to the clean-up. The Superfund Amendments and Reauthorization Act of 1986 added Section 113(f), which makes explicit the right to sue for contribution. +While Atlantic was negotiating with the government, the Supreme Court ruled in Cooper Industries, Inc. v. Aviall Services, Inc. that a party cannot bring a Section 113(f) claim for contribution unless it is already the subject of a Section 107(a) contamination action. Atlantic filed a new claim for contribution under Section 107(a), but a district court denied the claim. The U.S. Court of Appeals for the Eighth Circuit had previously ruled that a liable party must use Section 113(f), not Section 107(a), to file a contribution claim. Atlantic argued that failure to meet the requirements of Section 113(f) did not foreclose the implied Section 107(a) right to sue other partly-responsible parties for contribution. +" +TEST_0163,"Yellow Transportation, Inc.",Michigan,"Before 1994, the Interstate Commerce Commission (ICC) allowed States to charge interstate motor carriers annual registration fees of up to $10 per vehicle. Under this system, some States discounted or waived registration fees for carriers from other States in exchange for reciprocal treatment. Under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), the ICC implemented a new registration system. ISTEA also capped state registration fees by establishing a fee system that ""will result in a fee for each participating State that is equal to the fee?that such State collected or charged as of?1991."" In 1991, the Michigan Public Service Commission did not levy a fee for Yellow Transportation, Inc.'s trucks pursuant to a reciprocal agreement. However, in 1992, the commission changed how it computed fees and, ultimately, levied a fee of $10 per vehicle on Yellow Transportation's entire fleet. Yellow Transportation sued, alleging that, because Michigan had not collected or charged a 1991 registration fee for those trucks, ISTEA's fee-cap provision prohibits Michigan from levying a fee for them. The Michigan Supreme Court concluded that reciprocity agreements are not relevant in determining what fee a State charged or collected as of 1991. The court reasoned that the new fee system is not based on the fees collected from one company, but at the generic fee Michigan charged or collected from carriers as of 1991. +" +TEST_0164,Marisa N. Pavan,Nathaniel Smith,"Leigh and Jana Jacobs, and Terrah and Marisa Pavan—both same-sex couples—were married in Iowa in 2010, and in New Hampshire in 2011, respectively. Leigh and Terrah each gave birth to a child in Arkansas in 2015, and each couple completed the requisite paperwork for birth certificates for the newborns listing both spouses as parents—Leigh and Jana in one case, and Terrah and Marisa in the other. Citing a provision of Arkansas law, Ark. Code 20-18-401, the Arkansas Department of Health issue certificates bearing only the birth mother's name. +The Jacobses and Pavans filed a lawsuit in Arkansas state court against the director of the Arkansas Department of Health seeking a declaration that the State's birth-certificate law violates the constitution. The trial court agreed with the couples, holding that the state statute is inconsistent with the Supreme Court's decision in Obergefell v. Hodges. The Arkansas Supreme Court reversed the trial court. +" +TEST_0165,John DiStefano et al.,Frank Ricci et al.,"White and Hispanic candidates for promotion in the New Haven, CT fire department sued various city officials in the United States District Court for the District of Connecticut when the New Haven Civil Service Board (CSB) failed to certify two exams needed for the plaintiffs' promotion to Lieutenant and Captain. The CSB did not certify because the results of the test would have promoted a disproportionate number of white candidates in comparison to minority candidates. The plaintiffs argued that their rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e, and the 14th Amendment Equal Protection Clause were violated. The federal district court granted the defendants' motion for summary judgment. +On appeal, the United States Court of Appeals for the Second Circuit affirmed. It reasoned that the CSB, by refusing to certify the results of the promotional exam, was trying to fulfill its obligations under the rules utilized by the plaintiffs in their argument and therefore was protected in its actions. +" +TEST_0166,Maryland,McGowan,"Several employes of a discount department store sold a few items, such as floor wax and loose-leaf notebooks, to customers on a Sunday. By doing so, they violated Maryland's blue laws which only allow certain items, such as drugs, tobacco, newspapers and some foodstuffs, to be sold on Sundays. +" +TEST_0167,Lawyer,Department of Justice,"Based on the 1990 census, the Florida Legislature adopted a reapportionment plan for State Senate and House districts. After the Justice Department refused to preclear the plan and it appeared as if the Governor, Senate President, and House Speaker would not convene a session, the Florida Supreme Court revised the redistricting plan itself. In 1995, C. Martin Lawyer, III, and other residents filed suit against state and federal parties, alleging that his district, Senate District 21, violated the Equal Protection Clause. The District permitted the State Senate and House of Representatives to intervene and ultimately, all the parties, but Lawyer, agreed to a settlement that revised District 21 under a new plan. The District Court rejected Lawyer's argument that the court had to find the original reapportionment plan unconstitutional, because race seemingly determined District 21's contours, before the settlement could be approved. The court approved the settlement. +" +TEST_0168,Wisconsin,Griffin,"Joseph Griffin, who had previously been convicted of a felony, was convicted in a Wisconsin state court of disorderly conduct, resisting arrest, and obstruction of an officer. He was put on probation. According to Wisconsin law, probationers are in the legal custody of the State Department of Health and Social services and must abide by that department’s rules and regulations of the department. One of the regulations permits the probation officer to search the probationer’s home without a warrant as long as there are “reasonable grounds” to believe illegal substances are in the premises. These grounds include: information provided by an informant, the reliability of that information and the informant, and the officer’s own experience with the probationer. +Griffin’s probation officer received information from a detective that there might be guns in Griffin’s apartment. When the police searched Griffin’s apartment, they found a handgun and Griffin was charged with the felony of possession of a firearm by a convicted felon. Griffin moved to suppress the evidence obtained in the search. The trial court denied the motion and Griffin was convicted. Griffin appealed on the grounds that the evidence from the search violated the Fourth Amendment. The Wisconsin Court of Appeals and the Wisconsin Supreme Court affirmed the conviction. +  +" +TEST_0169,King & Spalding,Elizabeth Anderson Hishon,"In 1972 Elizabeth Anderson Hishon accepted a position with King & Spalding (Firm), a law firm in Atlanta, Georgia. During recruitment, Hishon had been told that after five or six years there was a possibility of promotion to partner; associates with “satisfactory evaluations” would be promoted to partner on a “fair and equal basis.” Hishon claimed to have relied on this information when making her decision to accept employment with the Firm. After six years of employment, Hishon was considered for admission to the partnership and was ultimately rejected. One year later Hishon was again considered for admission and again rejected. She was told to begin seeking new employment and was let go in December 1979. +In November 1979, Hishon sued the Firm and filed her claim with the Equal Opportunity Employment Commission. Hishon claimed that she was discriminated against on the basis of her sex and that this discrimination violated Title VII of the Civil Rights Act of 1964. The Commission issued a notice of right to sue, and Hishon sued in federal district court. The district court dismissed her claim, and Hishon appealed to the U.S. Court of Appeals for the Eleventh Circuit, which affirmed that ruling. +" +TEST_0170,Grumet,Board of Education or Kiryas Joel Village School District,"In 1989, the New York legislature passed a school districting law that intentionally drew its boundaries in accordance with the boundaries of the Village of Kiryas Joel, a religious enclave of Satmar Hasidim who practice a strict form of Judaism. Shortly before the new district commenced operations, the taxpayers and the association of state school boards embarked on a lawsuit claiming that the statute created a school district that limited access only to residents of Kiryas Joel. +" +TEST_0171,Thomas Joe Miller-El,"Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division","Miller-El alleged the prosecution in his capital murder trial violated the 14th Amendment's equal protection clause by excluding 10 of 11 blacks from the jury. The jury convicted Miller-El and he was sentenced to death. State courts rejected Miller-El's appeals and ruled Miller-El failed to meet the requirements for proving jury-selection discrimination outlined by the U.S. Supreme Court in Batson v. Kentucky (1986). Miller-El then appealed to a federal district court. The district court rejected Miller-El's appeal and ruled the court must defer to the state courts' acceptance of prosecutors' race-neutral justifications for striking potential jurors. The Fifth Circuit Court of Appeals affirmed and ruled a federal court could only grant an appeal if the applicant made a substantial showing of the denial of a constitutional right. +Miller-El appealed to the U.S. Supreme Court and in Miller-El v. Cockrell (2003) the Court ruled the Fifth Circuit should have accepted Miller- El's appeal to review the district court's ruling. The Supreme Court said an appeal should have been granted if the petitioner could demonstrate reasonable jurists could disagree with the district court's decision. The Court said the district court did not give full consideration to the substantial evidence Miller-El presented. The Fifth Circuit reconsidered Miller-El's appeal and ruled Miller-El failed to show clear and convincing evidence that the state court was wrong to find no purposeful discrimination. +" +TEST_0172,United States Army Corps of Engineers,Solid Waste Agency of Northern Cook County,"The Solid Waste Agency of Northern Cook County (SWANCC) selected an abandoned sand and gravel pit as a solid waste disposal site. Excavation trenches on the site had previously become ponds for migrating birds. Because some trenches would have to be filled in, the SWANCC contacted the Army Corps of Engineers (Corps) to determine if a landfill permit was required under the Clean Water Act (CWA), which authorizes the Corps to issue permits allowing the discharge of dredged or fill material into ""navigable waters."" Under the CWA, ""navigable waters"" are defined as ""the waters of the United States"" and the Corps regulations define such waters to include intrastate waters, of which damage could affect interstate commerce. Subsequently, the Corps denied the SWANCC a permit. The District Court ruled in SWANCC's favor. In reversing, the Court of Appeals held that Congress has authority under the Commerce Clause to regulate intrastate waters. +" +TEST_0173,Barbara Dolan,United States Postal Service et al.,"Barbara Dolan tripped over mail left on her porch by a mailman, injuring herself. She sued the Postal Service under the Federal Tort Claims Act (FTCA), arguing that her injuries were due to the mailman's negligence. The government, claiming that its sovereign immunity had not been waived in this particular case, moved to have the case dismissed. The FTCA, while waiving federal sovereign immunity for most incidents that could arise under it, has an exception for the ""negligent transmission of letters or postal matter."" Dolan argued that this exception referred only to mail that was lost or damaged by the Postal Service, not to people injured by the placement of the mail, but the district court disagreed. The case was dismissed, and the dismissal was affirmed by the Third Circuit Court of Appeals. +" +TEST_0174,"Baltimore & Ohio Railroad Co., Interstate Commerce Commission, et al.","Aberdeen & Rockfish Railroad Company, et al.","The Baltimore & Ohio Railroad Company operated in the “Official territory,” along with several other railroad companies (Northern lines). Aberdeen & Rockfish Railroad Company and several other railroad companies (Southern lines) operated within the “Southern territory."" Beginning on July 17, 1947, the Northern lines tried to obtain new divisions of the freight rates that applied between the Official territory and Southern territory from the Interstate Commerce Commission. These proposed divisions would be based on actual, relative costs of service. +The Commission determined that the existing divisions violated the Interstate Commerce Act (ICA), which directed the Commission to set aside inequitable divisions of joint rates and to prescribe equitable divisions. In determining the relative costs that controlled the divisional formula, the Commission frequently relied on unadjusted average costs incurred by the railroads on the average of all traffic in their territories, and not on actual costs incurred by the Northern and Southern lines. The Commission found that the existing divisions violated the ICA because they allocated a lesser share of revenues to the Northern lines based on relative costs. +The Administrative Procedure Act required that courts set aside agency findings that are unsupported by substantial evidence. On appeal from the Commission’s decision, the district court set aside the Commission’s decision. It held that the Northern lines failed to prove that the Commission relied on substantial evidence about the relative costs of handling north-south freight traffic, noting that the burden of proof lay with the Northern lines. It also rejected the Commission’s finding that the divisions required adjustment due to the greater revenue needs of the Northern lines. +" +TEST_0175,Georgia State Board of Equalization et al.,"CSX Transportation, Inc.","The Tax Injunction Act establishes a general rule that federal courts will not interfere with matters of state taxation, but the Railroad Revitalization and Regulatory Reform Act of 1976 (4-R Act) provides an exception for railroads. In an effort to prevent state tax discrimination against railroads, Section 306 of the 4-R Act requires that the ratio of the assessed value to the true market value of railroad property not exceed by more than five percent the ratio of assessed value to true market value for all other commercial and industrial property in the assessment jurisdiction. This calculation requires that states determine the ""true market value"" of the railroads' property - a valuation that can be subjective. Using a new valuation methodology, the Georgia State Board of Equalization appraised the property of the railroad company CSX Transportation, Inc. at $8.2 billion. CSX filed a complaint under the 4-R Act, noting that the old appraisal methodology would have valued the property at only $6 billion. Despite CSX's argument that the 4-R Act allows railroads to challenge state valuation methods, the district court ruled that the only the state's methodology could be considered. +The U.S. Court of Appeals for the Eleventh Circuit affirmed the lower court. The Eleventh Circuit ruled that in the absence of a clear statement in the 4-R Act, principles of federalism weighed against interpreting the Act to give railroads additional power to challenge the taxing authority of the states in federal court. The Circuit Court stood by the general principle that federal courts should not interfere with state taxation policies. Since the 4-R Act did not allow challenges to the state's choice of valuation method, CSX could not bring its arguments that Georgia's methodology was faulty. +" +TEST_0176,Saul Molina-Martinez,United States,"Saul Molina-Martinez pleaded guilty to being in the United States illegally following deportation proceedings that stemmed from his felony convictions. The district court accordingly sentenced Molina-Martinez to 77 months in prison, pursuant to the sentencing range established in the U.S. Sentencing Guidelines for his criminal history category. Under the Sentencing Guidelines, prior sentences are counted as a single sentence if they were imposed on the same day unless the offenses in question were separated by an intervening arrest. Molina-Martinez’s prior offenses were not separated by an intervening arrest, so when his probation officer calculated his criminal history points and concluded that they placed him in category VI, he erred; Molina-Martinez should properly have been placed in category V, which carries a lower sentencing range of 70-87 months. Molina-Martinez appealed his sentence on the grounds that the district court erred in sentencing him based on the incorrect criminal history category. The U.S. Court of Appeals for the Fifth Circuit held that, despite the error in calculation, Molina-Martinez failed to show that the error affected his substantial rights and therefore affirmed his conviction and sentence. +" +TEST_0177,Federal Communications Commission,"Nextwave Personal Communications, Inc.","After the Federal Communications Commission (FCC) auctioned off certain broadband personal communications services licenses to NextWave Personal Communications, Inc., Nextwave filed for Chapter 11 bankruptcy protection and suspended payments to all creditors, including the FCC. The FCC asserted that NextWave's licenses had been canceled automatically when the company missed its first payment-deadline and announced that NextWave's licenses were available for auction. Ultimately, when the FCC denied NextWave's petition for reconsideration of the license cancellation, the Court of Appeals for the D. C. Circuit held that the cancellation violated 11 USC section 525(a), which provides that a ""governmental unit may not...revoke...a license...to...a debtor...solely because such...debtor...has not paid a debt that is dischargeable in the case."" (Together with No. 01-657, Arctic Slope Regional Corp. et al. v. NextWave Personal Communications Inc. et al.) +" +TEST_0178,Boston Scientific Corp. et al.,Medtronic Inc,"Between 1969 and 1980, Dr. Morton Mower worked with Dr. Mieczyslaw Mirowski to develop the implantable cardioverter defibrillator (ICD) and the cardiac resynchronization therapy device (CRT), both devices that are meant to treat different kinds of heart failure. Mirowski Family Ventures (MFV) held both patents and licensed them to Guidant Corp. In 1991, Medtronic, a manufacturer of medical devices and equipment, entered into a sublicense agreement with Eli Lilly & Co., Guidant Corp's predecessor-in-interest regarding these patents. The agreement obligated MFV to inform Medtronic which items were covered by which patents, and if Medtronic disagreed, Medtronic could retain patent rights and file for a declaratory judgment of non-infringement on the patents. In October and November of 2007, MFV identified several Medtronic products that it believed infringed on its patents, and Medtronic subsequently sued for a declaratory judgment of non-infringement. +In the bench trial in district court, the court, relying on precedent, stated that the patent holder bears the burden of proving that infringement occurred and found in favor of Medtronic. MFV appealed and argued that the burden falls on the alleged patent infringer to prove that infringement did not occur. The United States Court of Appeals for the Federal Circuit held that, because Medtronic is the party seeking relief from the court, it bears the burden to prove that it did not infringe on MFV's patents. +" +TEST_0179,Cain,Trest,"Richard Trest sought a writ of habeas corpus that would cancel the sentence he was serving in Louisiana for armed robbery. The District Court rejected his claim. Trest appealed to the U.S. Court of Appeals for the Fifth Circuit, but before hearing the facts of the case, the Court of Appeals denied his appeal as a ""procedural default."" The Court of Appeals ruled that Trent had failed to meet the deadline for filing his federal claims in state court. Though Louisiana had not raised the issue, the Fifth Circuit felt compelled to dismiss the case on its own initiative. Trest appealed to the Supreme Court, arguing that the Fifth Circuit had incorrectly believed that it was required to decide the ""procedural default"" issue sua sponte - that is, without prompting from one of the parties. +" +TEST_0180,Spencer,Kemna,"In 1990, Randy G. Spencer began serving concurrent three-year sentences for convictions of felony stealing and burglary. In 1992, Spencer was released, but later that year his parole was revoked and he was returned to prison. Seeking to invalidate his parole revocation, Spencer filed unsuccessful habeas petitions in state court. Spencer then filed a federal habeas petition, alleging that he had not received due process in the parole revocation proceedings. In 1993, Spencer was re-released on parole before the District Court addressed the merits of his habeas petition. Subsequently, the court dismissed Spencer's petition as moot. The Court of Appeals affirmed. +" +TEST_0181,"Vernon Lee Bounds; Commission, State Department of Corrections; Stanley Blackledge, Warden, Cetral State Prison; R. L. Turner, Superintendent of Odom Correctional Institution et al.","Robert (Bobby) Smith, Donald W. Morgan, John Harrington et al.","The North Carolina Department of Correction (“DoC”) had custody of approximately 10,000 prisoners housed in 80 prison units in 67 different counties. The only unit having a writ room and some semblance of a legal library was the Central Prison in Raleigh. Robert Smith, Donald W. Morgan, and John Harrington were all inmates in the DoC’s custody. In consolidated cases, the plaintiffs alleged that the state of North Carolina failed to provide its prisoners with proper legal facilities. They argued that this violated their right of access to the courts guaranteed by the First and Fourteenth Amendments. +The district court granted the plaintiffs motion for summary judgment, ordering the responsible state officials to submit a proposed plan to provide library facilities for the use of indigent prisoners seeking to file pro se habeas or civil rights actions, or to provide some acceptable substitute. The court suggested that the state could fulfill its obligations by making legal counsel or assistance available, but did not mandate this approach. In response, the state proposed to construct seven new law libraries within the prison system, to expand the facilities at Central Prison, and to provide all inmates with access to these libraries upon request. +The plaintiffs protested that the plan was inadequate, but the court rejected their objections. It held that North Carolina was not constitutionally required to provide legal assistance as well as libraries. On appeal, the United States Court of Appeals, Fourth Circuit, affirmed, but held that the plan failed to provide female prisoners with the same access as male prisoners. +" +TEST_0182,Troy Brown,"E. K. McDaniel, Warden, et al.","On January 29, 1994, around 1:00 a.m., nine-year-old Jane Doe was raped in the bedroom of her trailer in Carlin, Nevada. Troy Brown and his brother Travis lived in the same trailer park as Jane Doe. Their brother Trent and his wife lived in a trailer across the street from Jane Doe's trailer. Both Troy and Trent were acquainted with Jane Doe's family, but Jane did not know Travis. +That night, Troy drank at least ten shots of vodka followed by beer chasers; he was so drunk that he vomited on himself after leaving a bar at 12:15 a.m. Two witnesses saw a man stumbling between the Browns' trailer and that of Jane Doe's family around 1:00 a.m. Jane Doe called her mother to report the rape at approximately 1:00 a.m.; according to Troy, he returned to his trailer from the bar at approximately 1:30 a.m, theoretically giving him enough time to assault Jane Doe. +Troy Brown was arrested and charged with two counts of sexual assault on a child, attempted murder, and abuse and neglect of a child resulting in substantial mental harm. +There was a large amount of conflicting evidence drawn from Jane Doe's testimony and from the crime scene itself. Most relevantly, the state's expert tested semen taken from Jane Doe's underwear. She determined that the DNA matched Troy's and testified that the probability it belonged to another person from the general population was 1 in 3,000,000. Troy Brown's family tested the semen independently and found a random match probability of 1 in 10,000, but this was not introduced into evidence at trial. The jury found Troy Brown guilty of sexual assault and abuse and neglect of a child and sentenced him to life in prison with the possibility of parole after 10 years. +On appeal, Brown argued that double jeopardy barred the duplication of sexual assault charges, that the DNA evidence was improperly admitted, and that the evidence was insufficient to sustain his conviction. The Nevada Supreme Court vacated the charge for abuse and neglect and remanded to the trial court for sentencing. The trial court again sentenced Brown to life in prison. His petition for post-conviction relief was denied. +On appeal to the district court, Brown claimed that the state's evidence was legally insufficient to prove his guilt beyond a reasonable doubt, using the habeas corpus review developed by the Court in Jackson v. Virginia. Brown submitted a report prepared by Laurence Mueller, a professor in ecology and evolutionary biology (""Mueller report""). The Mueller Report suggested that the prosecution's random match probability gave an improper impression that the likelihood of Troy Brown's innocence was also 1 in 3,000,000. It also questioned the state expert's testimony on the probability that one of Troy Brown's brothers would match the DNA sample, arguing that the likelihood of a match to one of Troy's brothers was as high as 1 in 66. The district court supplemented the record with the Mueller Report, as it was not presented to any state court. +The district court then set aside the state's DNA testimony as unreliable and held that no rational jury could find guilt beyond a reasonable doubt. The U.S. Court of Appeals, Ninth Circuit, affirmed the district court's ruling in a divided decision. It held that the district court did not abuse its discretion by supplementing the record with the Mueller report and that the admission of the state's DNA evidence was a due process violation and a violation of federal law. +" +TEST_0183,"Jose Padilla and Donna R. Newman, as Next Friend of Jose Padilla","Donald H. Rumsfeld, Secretary of Defense","Jose Padilla, an American citizen, was arrested in Chicago's O'Hare International Airport after returning from Pakistan in 2002. He was initially detained as a material witness in the government's investigation of the al Qaeda terrorist network, but was later declared an ""enemy combatant"" by the Department of Defense, meaning that he could be held in prison indefinitely without access to an attorney or to the courts. The FBI claimed that he was returning to the United States to carry out acts of terrorism. +Donna Newman, who had represented him while he was being held as a material witness, filed a petition for habeas corpus on his behalf. The U.S. District Court for the Southern District of New York ruled that Newman had standing to file the petition despite the fact that Padilla had been moved to a military brig in South Carolina. However, the court also found that the Department of Defense, under the President's constitutional powers as Commander in Chief and the statutory authorization provided by Congress's Authorization for Use of Military Force, had the power to detain Padilla as an enemy combatant. The district judge rejected Newman's argument that the detention was prohibited by the federal Non-Detention Act, which states that no ""citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress."" +On appeal, a divided Second Circuit Court of Appeals panel reversed the district court's ""enemy combatant"" ruling. The panel found that the Authorization for Use of Military force did not meet the requirement of the Non-Detention Act and that the President could not, therefore, declare American citizens captured outside a combat zone as enemy combatants. +" +TEST_0184,Forty-Fourth General Assembly of Colorado,Lucas,"Acting on behalf of several voters in the Denver area, Andres Lucas sued various officials connected with Colorado's elections challenging the apportionment of seats in both houses of the Colorado General Assembly. Under Colorado's apportionment plan, the House of Representatives was apportioned on the basis of population but the apportionment of the Senate was based on a combination of population and other factors (geography, compactness and contiguity, accessibility, natural boundaries, and conformity to historical divisions). Consequently, counties with only about one-third of the State's total population would elect a majority of the Senate; the maximum population-variance ratio would be about 3.6-to-1; and the chief metropolitan areas, with over two-thirds of the State's population, could elect only a bare majority of the Senate. When a three-judge District Court upheld the plan, stressing its recent approval by the electorate, the Supreme Court granted Lucas certiorari. +" +TEST_0185,Roger L. Wheeler,"Randy White, Warden","In October 1997, Nigel Malone and Nairobi Warfield were found dead in their apartment. Blood at the crime scene matched Roger L. Wheeler’s, and he was arrested for the murders. During voir dire, one of the potential jurors gave equivocal responses in response to questions regarding his beliefs about the death penalty. The prosecution moved to strike the juror for cause and cited these replies. The defense opposed the motion and argued that the responses indicated nothing more than an ability to consider all penalty options. The judge struck the juror, and Wheeler was subsequently convicted of the murders and sentenced to death. The Kentucky Supreme Court affirmed the convictions and the sentence and held that the trial judge appropriately struck all the jurors who could not impose the death penalty. +Wheeler exhausted his state post-conviction proceedings and petitioned for a writ of habeas from the federal district court. The federal district court denied the petition, but the U.S. Court of Appeals for the Sixth Circuit reversed, granted the petition, and held that the exclusion of the juror in question was an unreasonable application of the Supreme Court’s precedent in Witherspoon v. Illinois. In that case, the Supreme Court held that only a juror who is “substantially impaired in his or her ability to impose the death penalty” can be excused for cause. The appellate court held that the trial court erred in interpreting the juror’s responses that he did not know if he could consider the death penalty as meaning that he could not consider the death penalty. +" +TEST_0186,Duke Energy Corporation,Environmental Defense et al.,"A 1977 amendment to the Clean Air Act created the Prevention of Significant Deterioration program (PSD), which requires power companies that want to make emissions-increasing modifications to their facilities to first apply for permits. Between 1988 and 2000, Duke Energy Corporation (Duke) made twenty-nine extensive improvements to its power plants without obtaining PSD permits. When the government, along with Environmental Defense and several other environmental groups, sued Duke, the company pointed to a PSD regulation explicitly defining ""modification"" for purposes of PSD as any change that increases the hourly rate of emissions from a facility. Duke's improvements increased the number of hours the plants remained open, and therefore also increased the total annual emissions from the plants. But since the improvements left the hourly rate of emissions unchanged, Duke argued that it did not have to obtain PSD permits. The government countered by citing the Environmental Protection Agency's current interpretation of the PSD regulations, which holds that a power company making improvements that increase the hours of operation of its plants does need to obtain a permit in all cases where construction is involved. +The District Court ruled in favor of Duke. The judge refused to rely on the EPA's current interpretation, ruling that it was inconsistent with the wording of the PSD regulations. Environmental Defense appealed to the Fourth Circuit Court of Appeals, and the Circuit Court affirmed the District Court's decision. The Fourth Circuit pointed out that the 1977 PSD amendment had taken its definition of ""modification"" directly from a 1975 Clean Air Act amendment concerning the New Source Performance Standards program (NSPS). In the 1975 amendment, the term ""modification"" explicitly excluded improvements that merely increase the hours of operation of a facility. Therefore, the Fourth Circuit held, the EPA did not have statutory authority to interpret ""modification"" differently for the PSD program. Environmental Defense appealed to the Supreme Court, with the added argument that the Fourth Circuit never should have heard the case, because challenges to Clean Air Act regulations can only be brought in the D.C. Cricuit. +" +TEST_0187,Alabama,Bozeman,"The Interstate Agreement on Detainers creates uniform procedures for lodging and executing a detainer, a legal order that requires a state to hold a currently imprisoned individual when he has finished serving his sentence so that he may be tried by a different State for a different crime. In 1997, Michael Bozeman was serving a federal prison sentence at a federal prison in Florida. In January, the district attorney of Covington County, Alabama sought temporary custody of Bozeman to arraign him on state firearm charges for which an earlier detainer had been filed. The Agreement provides that a state that obtains a prisoner for purposes of trial must try him within 120 days of his arrival, and if it returns him to his ""original place of imprisonment"" prior to that trial, charges shall be dismissed. After appearing in Alabama court, Bozeman was returned to federal prison in Florida. When Bozeman returned to Alabama court, his local counsel filed a motion to dismiss the state charges on the ground that Bozeman had been ""returned to the original place of imprisonment"" (the federal prison) ""prior to"" ""trial"" on state charges being ""had."" Ultimately, Bozeman was convicted and an appellate court affirmed. In reversing, the Alabama State Supreme Court held that the literal language of the Agreement required dismissal of the state charges. +" +TEST_0188,Regan,Dames & Moore,"In reaction to the seizure of the U.S. embassy and American nationals in Iran, President Jimmy Carter invoked the International Emergency Economic Powers Act (IEEPA) and froze Iranian assets in the United States. When the hostages were released in 1981, Treasury Secretary Donald Regan affirmed the agreements made the Carter administration that terminated all legal proceedings against the Iranian government and created an independent Claims Tribunal. Dames & Moore attempted to recover over $3 million owed to it by the Iranian government and claimed the executive orders were beyond the scope of presidential power. +" +TEST_0189,City of New York,Clinton,"This case consolidates two separate challenges to the constitutionality of two cancellations, made by President William J. Clinton, under the Line Item Veto Act (""Act""). In the first, the City of New York, two hospital associations, a hospital, and two health care unions, challenged the President's cancellation of a provision in the Balanced Budget Act of 1997 which relinquished the Federal Government's ability to recoup nearly $2.6 billion in taxes levied against Medicaid providers by the State of New York. In the second, the Snake River farmer's cooperative and one of its individual members challenged the President's cancellation of a provision of the Taxpayer Relief Act of 1997. The provision permitted some food refiners and processors to defer recognition of their capital gains in exchange for selling their stock to eligible farmers' cooperatives. After a district court held the Act unconstitutional, the Supreme Court granted certiorari on expedited appeal. +" +TEST_0190,"Gillespie County, Texas",Walter A. Rothgery,"Walter Rothgery was arrested in Texas as a felon in possession of a firearm. Rothgery was taken before a judge for processing and, upon learning that seeking legal assistance would delay the proceedings, waived his Sixth Amendment right to counsel. No prosecutor was present at this hearing. Rothgery posted bail and was released, but was rearrested after a grand jury indictment several months later hiked his bail to a sum he could not afford. Throughout this entire period Rothgery continued to pursue legal counsel and only obtained such counsel approximately one week after the grand jury indictment. Rothgery's attorney produced evidence that Rothgery was in fact not a felon and he was released from custody. Rothgery brought suit against Gillespie County, TX for violating his civil rights by not appointing counsel as required under the Sixth Amendment. +Both the district court and the Fifth Circuit rejected his claim, the Fifth Circuit stating that Rothgery's Sixth Amendment rights were not implicated because no prosecutor was present at the initial hearing. In his petition for certiorari, Rothgery argued that both federal and state case law indicate that the Sixth Amendment right to counsel applies to any hearing where a defendant is advised of his rights and the charges against him, regardless of whether or not a prosecutor is present. +" +TEST_0191,Chamber of Commerce of the United States of America et al.,"Edmund G. Brown, Jr., Attorney General of California, et al.","After the California legislature passed laws prohibiting the use of state funds to ""assist, promote, or deter union organizing,"" a group of California companies brought suit claiming the state laws were preempted by the National Labor Relations Act, 29 U.S.C. Section 7. The Act provides that companies' anti-labor speech can only be considered evidence of unfair labor practice if it threatens or coerces workers. The California companies argued that the state laws infringe upon their ""safe harbor"" for anti-labor speech embodied in the Act. +The U.S. Court of Appeals for the Ninth Circuit, after entering two panel decisions holding the California law preempted, issued a split en banc opinion holding that it was not. The Second Circuit has reached the opposite conclusion on similar facts. The Court's decision in this case will affect roughly a dozen other states currently considering adopting legislation substantially similar to the California law. +" +TEST_0192,Richardson,United States,"Richardson, a taxpayer interested in activities of the Central Intelligence Agency, sued the government to provide records detailing the CIA's expenditures. +" +TEST_0193,Maine,Alden,"A group of probation officers sued their employer, the State of Maine, in 1992 alleging that the state had violated the overtime provisions of the 1938 Fair Labor Standards Act. Following the Court's decision in Seminole Tribe v. Florida (1996) which held that States are immune from private suits in federal court and that Congress lacks the authority to abrogate that immunity the probation officers' suit was dismissed in Federal district court. Alden and the other probation officers then sued Maine again for violating the Fair Labor Standards Act, this time in state court. The state trial court and the state supreme court both held that Maine had sovereign immunity and could not be sued by private parties in their own court. +" +TEST_0194,Bay Mills Indian Community,Michigan,"The Indian Gaming Regulatory Act (IGRA) provides that if certain requirements are met, including a compact between the state and the tribe, an Indian tribe can operate a casino on Indian lands. Under the Michigan Indian Land Claims Settlement Act, lands bought with funds from a congressionally established trust are Indian lands. On November 3, 2010, the Bay Mills Indian Community, a federally recognized Indian tribe with a reservation located in northern Michigan, opened a small casino in the town of Vanderbilt, Michigan, on lands purchased with funds from this trust. The state of Michigan sued for closure of the casino by claiming that the Bay Mills casino violated state gaming laws, as well as various provisions of its Tribal-State compact. The district court entered a preliminary injunction ordering Bay Mills to stop the gambling at the Vanderbilt casino. The U.S. Court of Appeals for the Sixth Circuit vacated the injunction and held that the district court lacked jurisdiction over some of the plaintiffs' claims, while Bay Mills' sovereign immunity bars the others. +" +TEST_0195,Michael Moss et al.,Tim Wood et al.,"During the 2004 presidential campaign, President George W. Bush's team scheduled a campaign stop in Jacksonville, Oregon. With the approval of local law enforcement agencies, opponents of President Bush organized a peaceful demonstration to protest his policies. The demonstration took place at a public park before moving to the street near the local inn where the President was staying. Eventually, both opponents and supporters of President Bush gathered on the street of near the entrance to the inn, and each group had equal access to deliver its message to the President at the time of his arrival. Before the President arrived, Secret Service agents ordered local police to push protestors away from the immediate area for security reasons. The agents then ordered that the protesters be driven farther away from the inn onto the east side of 5th street. However, agents failed to give the same directive for supporters who remained stationed on the streets close to the inn. The plaintiffs alleged that the orders to move were unintelligibly given and that police proceeded to use force before confirming that the orders were understood or were being followed. +" +TEST_0196,Becker,Montgomery,"Dale G. Becker, an Ohio prisoner, instituted a pro se civil rights action to contest the conditions of his confinement. Ultimately, the District Court dismissed Becker's complaint. In appealing, Becker, still pro se, filed his notice of appeal using a government-printed form, on which he filled in all of the required information. On the line labeled ""Counsel for Appellant"" Becker typed, but did not sign, his name. The form contained no indication of a signature requirement. The District Court docketed the notice, sent a copy to the Court of Appeals, and granted Becker leave to proceed in forma pauperis on appeal. Ultimately, the Court of Appeals, after notifying Becker that the court would not hold him to the same standards it required of attorneys in stating his case, dismissed the appeal on its own motion. The court held that the notice of appeal was fatally defective because it was not signed. +" +TEST_0197,"Tyson Foods, Inc.","Peg Bouaphakeo, individually and on behalf of all others similarly situated, et al.","Peg Bouaphakeo and the rest of the plaintiff class are current and former employees of Tyson Foods, Inc. (Tyson) at the company’s meat-processing facility in Storm Lake, Iowa. The employees worked on a “gang-time” system, which means they were paid only for time they were at their working stations and the production line was moving. The employees sued Tyson and argued that the company violated the Fair Labor Standards Act of 1938 and the Iowa Wage Payment Collection Law by not paying appropriate compensation for the time spent putting on and taking off protective clothing at the beginning and end of the work day and lunch break. The district court certified the class, and the jury returned a verdict in favor of the plaintiffs and awarded damages of several million dollars. +Tyson appealed and argued that the district court erred in certifying the plaintiff class because factual differences among the plaintiffs made class certification improper. Tyson also argued that the class should be decertified because evidence presented at trial showed that some members of the class were not injured by the company’s actions and therefore had no right to damages. The U.S. Court of Appeals for the Eighth Circuit affirmed the district court’s certification of the plaintiff class. +" +TEST_0198,Feltner,"Columbia Pictures Television, Inc.","In 1991, Columbia Pictures Television, Inc., terminated agreements licensing several television series, including ""Who's the Boss,"" ""Silver Spoons,"" ""Hart to Hart,"" and ""T. J. Hooker,"" to three television stations owned by C. Elvin Feltner after the stations' royalty payments became delinquent. Columbia sued Feltner after his stations continued to broadcast the programs for copyright infringement. After winning partial summary judgment as to liability on its copyright infringement claims, Columbia attempted to recover statutory damages under section 504(c) of the Copyright Act. The District Court denied Feltner's request for a jury trial and awarded Columbia statutory damages following a bench trial. In affirming, the Court of Appeals held that neither section 504(c) nor the Seventh Amendment provides a right to a jury trial on statutory damages. +" +TEST_0199,United States,Eugene Lovasco ,"On March 6, 1975, federal prosecutors indicted Eugene Lovasco for the possession of stolen firearms and for dealing in firearms without a license. The indictment alleged that Lovasco committed the offenses between July 25 and August 31, 1973—more than 18 months before the prosecutors filed the indictment. Lovasco moved to dismiss the indictment on the grounds that the delay was unnecessary and prejudicial to his defense, as two of his witnesses had died in the interim. The district court found that the government had collected all of the necessary information to indict Lovasco within a month of the alleged commission of crimes and granted the motion to dismiss. The U.S. Court of Appeals for the Eighth Circuit affirmed. +" +TEST_0200,Glen Scott Milner,Department of the Navy,"Glen Milner, a member of an organization dedicated to raising community awareness about the dangers of Navy training exercises near Puget Sound, sued the Department of the Navy in a Washington federal district court under the Freedom of Information Act (""FOIA"") to obtain the release of Navy documents relating to the effects of explosions at several locations. The district court granted summary judgment in favor of the Navy. +On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed, holding that documents relating to the effects of explosions constituted internal personnel rules and regulations of the agency which are subject to exemption from disclosure by the FOIA. The court reasoned that such documents are ""predominantly"" for internal agency use that present a risk, that if disclosed, would circumvent agency regulation. +" +TEST_0201,"CNH Industrial N.V., et al.","Jack Reese, et al.","In 1998, CNH agreed to a collective-bargaining agreement, which provided health care benefits under a group benefit plan to certain employees retiring under the pension plan. Other benefits, including life insurance, ceased upon retirement. The agreement also contained a clause stating that it would terminate in May 2004. When it did expire in 2004, a class of CNH retirees and surviving spouses filed a lawsuit seeking a declaratory judgment that their health care benefits vested for life and asking the district court to enjoin CNH from changing them. While that lawsuit was pending, the US Supreme Court issued a decision in M&G Polymers USA, LLC v. Tackett, holding that collective-bargaining agreements must be interpreted according to ordinary principles of contract law. The Court’s holding in Tackett specifically targeted the Sixth Circuit, in which there was precedent for courts to presume that collective-bargaining agreements vested retiree benefits for life. +Because of the intervening ruling by the US Supreme Court in Tackett, the district court initially awarded summary judgment in favor of CNH, but then it awarded summary judgment to the retirees. The Sixth Circuit affirmed the court’s award of summary judgment to the retirees, using the same precedents the Court proscribed in Tackett to find the collective-bargaining agreement ambiguous as a matter of law and thus susceptible to interpretation based on extrinsic evidence about lifetime vesting. +" +TEST_0202,Claris Covert,"Curtis Reid, Superintendent of the District of Columbia Jail","Mrs. Covert killed her husband on an airbase in England. Pursuant to a “status-of-forces” executive agreement with England, she was tried and convicted by US court-martial without a jury trial under the Uniform Code of Military Justice (UCMJ). She petitioned a writ of habeas corpus on the grounds that the conviction violated her Fifth & Sixth Amendment rights to be tried by a jury after indictment by a grand jury. +" +TEST_0203,Spectrum Sports Inc. and Kenneth B. Leighton ,"Shirley and Larry McQuillan, dba Sorboturf Enterprises","Shirley and Larry McQuillan were the southwest distributors for products made with sorbothane, a patented elastic polymer. They had an agreement with the manufacturer to be one of five regional distributors. Gradually, the manufacturer began to take away the McQuillan’s right to distribute certain types of products, eventually revoking their rights altogether. The manufacturer only allowed one national distributor, Spectrum Sports, Inc., which was co-owned by the president of the manufacturer’s son. When the McQuillan’s business failed, they sued Spectrum for violations of the Sherman Act. The Sherman Act makes it a felony to monopolize, attempt to monopolize, or conspire to monopolize any part of the interstate commerce. +The district court instructed the jury to infer specific intent and dangerous probability of monopolization if they found that Spectrum engaged in predatory conduct. The jury found Spectrum guilty. The U.S. Court of Appeals for the Ninth Circuit affirmed, holding that there was enough evidence to show specific intent and a dangerous probability of monopolization even if the jury only considered Spectrum’s predatory conduct. +" +TEST_0204,Texas,LaRoyce Lathair Smith,"LaRoyce Smith was convicted of murder and sentenced to death. In 2004, the Supreme Court overturned his death sentence and sent the case back to state court because of a judge's improper jury instruction. (See Smith v. Texas , No. 04-5323.) Nevertheless, the Texas Court of Criminal Appeals re-imposed the sentence, holding that the erroneous instruction had not done any ""egregious harm"" to the fairness of Smith's sentencing. The Texas court found that the jury had still been able to consider all relevant mitigating evidence, despite the unconstitutional instruction. The Supreme Court agreed to review the case a second time. +" +TEST_0205,"Lorrain Robertson, Richard N. Robinson",Jonathan Lehr,"Jonathan Lehr, the biological father of Jessica M., filed a petition to vacate an order of adoption. He argued that Jessica was adopted by her mother’s husband in violation of the Constitution because Lehr was never notified of the proceedings. Under New York law, Lehr was not in any of the classes of people entitled to notification of adoption proceedings. Lehr never supported the child financially, had a significant relationship with the child, or entered his name into the state’s father registry. The Ulster County Family Court denied Lehr’s petition and the Appellate Division and New York Court of Appeals affirmed. +" +TEST_0206,Abrams,Johnson,"Following a suit by Georgia residents challenging the constitutionality of a legislative redistricting plan (Miller v. Johnson, 515 US 900), and seeking an injunction against its further use, a District Court found the plan unconstitutional. On appeal, the Supreme Court affirmed - holding that race was a predominant factor in the plan's creation - and remanded it for redrafting. Shortly thereafter the composition of another of the plan's districts was challenged in a District Court which, after unsuccessfully deferring the matter to Georgia's Legislature for redrafting, drew its own plan creating one black-majority district in place of the proposed three. After the 1996 elections were held under the court's new plan, Abrams and several other voters challenged its constitutionality. Again, the Supreme Court granted certiorari. +" +TEST_0207,Tony Henderson,United States,"Tony Henderson was a former United States Border Patrol Agent who was charged with, among other crimes, distribution of marijuana. On June 9, 2006, two days after he was arrested, Henderson voluntarily turned 19 firearms over to the Federal Bureau of Investigation (FBI), which he argued was for ""safekeeping as a condition of the bond."" He later pled guilty to his narcotics charges. +In 2008 and 2009, Henderson requested that the FBI return his firearms so that he could transfer them to a purported buyer, but the FBI refused to do so. Henderson then moved the district court to allow him to transfer the firearms to the 2009 buyer or his wife. The magistrate judge recommended denial of the motion because Henderson was a convicted felon, and the district court adopted the recommendation. Henderson appealed and argued that, because he had not been given notice that his guilty plea would disqualify him from firearm ownership, he is entitled to relief. The U.S. Court of Appeals for the Eleventh Circuit affirmed the decision of the lower court. +" +TEST_0208,Florida Department of Revenue,"Piccadilly Cafeterias, Inc.","In 2003, Piccadilly Cafeterias filed a Chapter 11 Bankruptcy petition in federal court in Florida asking the bankruptcy court for permission to auction off its assets in order to fund a reorganization plan. Piccadilly sought a tax exemption under 11 U.S.C. 1146(c) which states that certain asset transfers ""under a [confirmed Chapter 11] plan may not be taxed under any law imposing a stamp tax or similar tax."" Florida vehemently opposed this exemption and sought to collect $32,000 in taxes from Piccadilly. +The bankruptcy court, the district court, and the U.S. Court of Appeals for the Eleventh Circuit all found in favor of Piccadilly, holding that 11 U.S.C. 1146(c) allowed courts to exempt from taxes pre-confirmation asset sales that were essential to the completion of a reorganization plan. In urging the Court to grant certiorari, Florida pointed to both Third and Fourth Circuit decisions holding that such pre-confirmation asset sales were subject to state taxation, while Piccadilly Cafeterias contended that these so-called ""circuit splits"" only involve a small handful of cases and require no resolution by the Court. +" +TEST_0209,United States,Scheffer,"While defending himself before a military court martial on, among other things, substance abuse charges, airman Edward G. Scheffer sought to introduce his polygraph examination results. The results indicated there was ""no deception"" in Scheffer's denial that he used drugs while enlisted. Relying on Military Rule of Evidence 707 (""Rule 707""), prohibiting the use of polygraph results in court-martial proceedings, the military judge refused Scheffer's request to admit his results into evidence. On successive appeals, following his conviction on all charges, the Air Force Court of Appeals affirmed but the Court of Appeals for the Armed Forces reversed, finding the evidentiary exclusion to be unconstitutional. The United States appealed and the Supreme Court granted certiorari. +" +TEST_0210,"Francis A. Orff, et al.","United States, et al.","The Westlands Water District received water from the U.S. Bureau of Reclamation under a 1963 contract. In 1993 Westlands sued the district for reducing their water supply. California farmers who had bought water from Westlands also sued the bureau, intervening as plaintiffs. After negotiations Westlands agreed to dismiss their suit. But the farmers refused to drop theirs, accusing the bureau of breach of contract. The farmers claimed that as third-party beneficiaries they could enforce the contract and that the United States had waived its sovereing immunity from such suits in the Reclamation Reform Act of 1982. That act allowed parties ""to join the United States as a necessary party defendant in any suit"" over rights under a federal reclamation contract. The district court held that the farmers were not contracting parties or third-party beneficiaries and thus could not invoke the waiver. The Ninth Circuit affirmed that decision. +" +TEST_0211,"Darrel Vannoy, Warden",Thedrick Edwards,"Thedrick Edwards was sentenced to life in prison for the commission of several robberies and rape in 2006. At Edwards’s trial, the state used its challenges to exclude all but one African American juror from the jury, and at least one person voted to acquit Edwards, a black man, on each count. At the time, Louisiana permitted conviction by a 10-2 vote, so Edwards’s conviction became final in 2010. +On April 20, 2020, the U.S. Supreme Court decided Ramos v. Louisiana, holding that the Sixth Amendment establishes a right to a unanimous jury in both federal and state courts. Edwards argues that he would not have been convicted if he had been prosecuted in one of 48 other states or by the federal government, rather than in Louisiana. +" +TEST_0212,"City of Chicago, Illinois","Robbin L. Fulton, et al.","The City of Chicago towed and impounded the Robbin Fulton’s vehicle for a prior citation of driving on a suspended license. Fulton filed a Chapter 13 bankruptcy action treating the City as an unsecured creditor. The City filed an unsecured proof of claim, and the bankruptcy court confirmed Fulton’s plan. The City then amended its proof of claim and asserted its status as a secured creditor. It refused to return Fulton’s vehicle, and Fulton filed a motion for sanctions against the City. +The bankruptcy court held that the City was obligated to return the vehicle under Thompson v. General Motors Acceptance Corp., 566 F.3d 699 (7th Cir. 2009), a binding case in which the Seventh Circuit had held that a creditor must comply with the automatic stay and return a debtor’s vehicle upon her filing of a bankruptcy petition. The City moved to stay the order in federal district court, and the court denied its request. The Seventh Circuit affirmed the lower court’s judgment denying the City's request. +" +TEST_0213,Complete Auto Transit Inc.,Brady,"Complete Auto Transit was a Michigan corporation doing business in Mississippi. Complete shipped cars into the state where they were distributed for sale. Mississippi imposed a tax on transportation companies for the ""privilege of doing business"" in the state. The tax was applied equally to businesses involved in intra-and interstate commerce. +" +TEST_0214,Cox,Louisiana,"On December 14, 1961, the Baton Rouge police arrested 23 members of the Congress of Racial Equality (""CORE"") on a charge of illegal picketing. In response B. Elton Cox, a leading member of CORE, and others planned to march through parts of Baton Rouge, LA, ending with a demonstration at the courthouse. An estimated 1,500 to 3,800 protesters demonstrated during the hearings of the 23 jailed members. +Baton Rouge Police Chief Wingate White confronted the protestors when they arrived at the courthouse, telling them that they must confine the demonstration ""to the west side of the street"" within a designated period of time. After the group began their demonstration, a sheriff ordered them to disperse. Officers then forcibly dispersed the demonstration and arrested several demonstrators, including Cox. +Cox was charged with four offenses under Louisiana law: criminal conspiracy, disturbing the peace, obstructing public passages, and picketing before a courthouse. He was acquitted of criminal conspiracy but convicted of the other three offenses. In accordance with Louisiana procedure, the Louisiana Supreme Court reviewed his ""disturbing the peace"" and ""obstructing public passages"" convictions on certiorari, and the ""courthouse picketing"" conviction on appeal, and the court affirmed all three convictions. Cox appealed to the U.S. Supreme Court on the ground that all three statutes were unconstitutionally vague. This case (No. 24) addresses the ""disturbing the peace"" and ""obstructing public passages"" statutes, while the second case (No. 49) addresses the ""courthouse picketing"" statute. +" +TEST_0215,Fish and Game Commission of Montana,Baldwin,"In its licensing system for elk-hunters, the state of Montana required nonresidents to pay a substantially higher fee than residents for a hunting permit. +" +TEST_0216,"Eleanor McCullen, Jean Zarrella, Gregory A. Smith, Eric Cadin, Cyril Shea, Mark Bashour, and Nancy Clark","Martha Coakley, Attorney General for the state of Massachusetts","In 2007, the Massachusetts state legislature created a 35-foot buffer zone around the entrances, exits, and driveways of abortion clinics. The petitioners, individuals who routinely engage in ""pro-life counseling"" outside of state abortion clinics, sued in federal district court and argued that the law violated the First Amendment protection of free speech. The district court held that, although the law placed a restriction on the time, place, and manner of speech, the law was constitutional because it was content-neutral and still left adequate, if not perfect, alternative means of communications. The U.S. Court of Appeals for the First Circuit affirmed and held that the Supreme Court, in Hill v. Colorado had already affirmed a similar statute in Colorado that prohibited certain activities within 100 feet of abortion clinics. +" +TEST_0217,"J. McIntyre Machinery, Ltd.","Robert Nicastro, et al.","An accident severed four fingers off the right hand of Robert Nicastro who was operating a recycling machine used to cut metal. A British company manufactured the machine and sold it through its exclusive U.S. distributor. Nicastro sued J. McIntyre Machinery, Ltd., the British company, and its U.S. distributor, McIntyre Machinery America, Ltd., in New Jersey state court for product liability. The state supreme court reversed a trial court's dismissal, finding that the foreign company had sufficient contacts with the state. +" +TEST_0218,Arkansas,Sanders,"Local police in Little Rock, Arkansas received a tip that an individual would be arriving at the airport with a suitcase containing a significant quantity of marijuana. Upon arriving, the suspect retrieved his suitcase and left in a taxi. The police officers pursued and stopped the taxi, and ordered the driver to open the trunk which revealed the suitcase in question. The police opened the suitcase without obtaining permission from its owner and found nearly ten pounds of marijuana. +" +TEST_0219,United States,Wells,"Jerry E. Wells and Kenneth R. Steele were charged with knowingly making false and ""material"" statements to a federally insured bank in violation of federal law. At the trial's end, the District Court instructed the jury, at the Government's request, that withholding a ""material fact"" made a statement or representation false and that materiality of an allegedly false statement was for the judge, not the jury, to determine. Subsequently, the jury treated Wells and Steele's statements as material and convicted them. The U.S. Supreme Court then decided that materiality was a question for the jury to decide. On appeal, Wells and Steele argued that materiality was an element of knowingly making false and ""material"" statements to a federally insured bank in violation of federal law and it was a question for the jury to decide. The Government then argued materiality was not an element of the crime, so that no harm had been done when the trial judge had dealt with the issue. The Court of Appeals agreed with Wells and Steele, vacated their convictions and sentences, and remanded the case for a new trial. +" +TEST_0220,Mitsubishi Motors Corporation,"Soler Chrysler-Plymouth, Inc.","These are two consolidated cases involving claims and counterclaims between the same parties. Soler Chrysler-Plymouth, Inc., a Puerto Rico corporation, entered into distribution and sales agreements with Mitsubishi Motors, a Japanese corporation that manufactures automobiles in Japan. The sales agreement provided for arbitration by the Japanese Commercial Arbitration Association of all disputes arising out of certain articles of the agreement. A dispute did arise from slowing automobile sales. When the dispute could not be resolved, Mitsubishi sued in the U.S. District Court for the District of Puerto Rico seeking an order to compel arbitration. Soler filed counterclaims, including Sherman Act antitrust violations. The district court ordered arbitration of all claims, holding that the international nature of the dispute required enforcement of the arbitration clause. The U.S. Court of Appeals for the First Circuit reversed as to the antitrust claims. +" +TEST_0221,"Marvin D. Horne, et al.",Department of Agriculture,"The Agricultural Marketing Agreement Act of 1937 (AMAA) was enacted to protect farmers from radical fluctuations in the market. The AMAA allows the Secretary of Agriculture to impose production quotas or supply limitations on products as needed. Refusal to comply with these orders can result in civil and criminal penalties. The orders only applied to ""handlers,"" those who process and package the products for distribution. The Raisin Marketing Order of 1949 created reserve-tonnage, a percentage of raisins that must be turned over the government each year. +Marvin and Laura Horne were raisin producers living in California who implemented a system to bring their raisins to market without handlers to avoid the AMAA. The Administrator of the Agricultural Marketing Service initiated an enforcement action against the Hornes for failure to comply with the orders. The Administrative Law Judge held that the Hornes should be subject to the Order under the auspices of the AMAA. The Judicial Officer affirmed the decision and held the Hornes liable. The Hornes filed for judicial review in district court, and the court granted summary judgment for the Department of Agriculture. +The United States Court of Appeals for the Ninth Circuit affirmed and held that it did not have jurisdiction to rule on the Hornes' claim that the Order violated their Fifth Amendment rights under the Takings Clause. The Court held that the Hornes must bring that claim before the Court of Federal Claims, as required by the Tucker Act. +" +TEST_0222,Evan Miller,Alabama,"In July 2003, Evan Miller, along with Colby Smith, killed Cole Cannon by beating Cannon with a baseball bat and burning Cannon's trailer while Cannon was inside. Miller was 14 years old at the time. In 2004, Miller was transferred from the Lawrence County Juvenile Court to Lawrence County Circuit Court to be tried as an adult for capital murder during the course of an arson. In 2006, a grand jury indicted Miller. At trial, the jury returned a verdict of guilty. The trial court sentenced Miller to a mandatory term of life imprisonment without the possibility of parole. +Miller filed a post trial motion for a new trial, arguing that sentencing a 14-year-old to life without the possibility of parole constituted cruel and unusual punishment in violation of the Eighth Amendment. The trial court denied the motion. On appeal, the Alabama Court of Criminal Appeals affirmed the lower court's decision. The Supreme Court of Alabama denied Miller's petition for writ of certiorari. +In the companion case, petitioner Kuntrell Jackson, along with Derrick Shields and Travis Booker, robbed a local movie store in Blytheville, Arkansas in November, 1999. The three boys were 14 years old at the time. While walking to the store, Jackson discovered that Shields was hiding a shotgun in his coat. During the robbery, Shields shot the store clerk and the three boys fled the scene. Jackson was tried and convicted of capital murder and aggravated robbery in July, 2003. The trial court sentenced Jackson to a mandatory term of life imprisonment without the possibility of parole. +In January 2008, Jackson filed a petition seeking a writ of habeas corpus in circuit court. He argued that his sentence was unusual and excessive, violating his rights under the Eighth and Fourteenth Amendments. The circuit court dismissed the petition and Jackson appealed. The Supreme Court of Arkansas affirmed the lower court's decision. +" +TEST_0223,Bozeman,Alabama,"The Interstate Agreement on Detainers creates uniform procedures for lodging and executing a detainer, a legal order that requires a state to hold a currently imprisoned individual when he has finished serving his sentence so that he may be tried by a different State for a different crime. In 1997, Michael Bozeman was serving a federal prison sentence at a federal prison in Florida. In January, the district attorney of Covington County, Alabama sought temporary custody of Bozeman to arraign him on state firearm charges for which an earlier detainer had been filed. The Agreement provides that a state that obtains a prisoner for purposes of trial must try him within 120 days of his arrival, and if it returns him to his ""original place of imprisonment"" prior to that trial, charges shall be dismissed. After appearing in Alabama court, Bozeman was returned to federal prison in Florida. When Bozeman returned to Alabama court, his local counsel filed a motion to dismiss the state charges on the ground that Bozeman had been ""returned to the original place of imprisonment"" (the federal prison) ""prior to"" ""trial"" on state charges being ""had."" Ultimately, Bozeman was convicted and an appellate court affirmed. In reversing, the Alabama State Supreme Court held that the literal language of the Agreement required dismissal of the state charges. +" +TEST_0224,"Grokster, Ltd., et al.","Metro-Goldwyn-Mayer Studios Inc., et al.","Grokster and other companies distributed free software that allowed computer users to share electronic files through peer-to-peer networks. In such networks, users can share digital files directly between their computers, without the use of a central server. Users employed the software primarily to download copyrighted files, file-sharing which the software companies knew about and encouraged. The companies profited from advertising revenue, since they streamed ads to the software users. A group of movie studios and other copyright holders sued and alleged that Grokster and the other companies violated the Copyright Act by intentionally distributing software to enable users to infringe copyrighted works. The district court ruled for Grokster, reasoning that the software distribution companies were not liable for copyright violations stemming from their software, which could have been used lawfully. The Ninth Circuit affirmed. +" +TEST_0225,Dethorne Graham,M.S. Connor,"On November 12, 1984, Dethorne Graham, a diabetic, had an insulin reaction while doing auto work at his home. He asked a friend, William Berry, to drive him to a convenience store in order to purchase some orange juice to counter his reaction. When they arrived at the store, Graham rapidly left the car. He entered the store and saw a line of four or five persons at the counter; not wanting to wait in line, he quickly left the store and returned to Berry’s car. Officer M.S. Connor, a Charlotte police officer, observed Graham entering and exiting the store unusually quickly. He followed the car and pulled it over about a half mile away. +Graham, still suffering from an insulin reaction, exited the car and ran around it twice. Berry and Officer Connor stopped Graham, and he sat down on the curb. He soon passed out; when he revived he was handcuffed and lying face down on the sidewalk. Several more police officers were present by this time. The officers picked up Graham, still handcuffed, and placed him over the hood of Berry’s car. Graham attempted to reach for his wallet to show his diabetic identification, and an officer shoved his head down into the hood and told him to shut up. The police then struggled to place Graham in the squad car over Graham’s vigorous resistance. Officer Connor soon determined, however, that Graham had not committed a crime at the convenience store, and returned him to his home. Graham sustained multiple injuries, including a broken foot, as a result of the incident. +Graham filed § 1983 charges against Connor, other officers, and the City of Charlotte, alleging a violation of his rights by the excessive use of force by the police officers, unlawful assault, unlawful restraint constituting false imprisonment, and that the City of Charlotte improperly trained its officers in violation of the Rehabilitation Act of 1973. The City of Charlotte filed for a directed verdict, which the district court granted. Graham appealed the ruling on the use of excessive force, contending that the district court incorrectly applied a four-part substantive due process test from Johnson v. Glick that takes into account officers’ “good faith” efforts and whether they acted “maliciously or sadistically”. He instead argued for a standard of “objective reasonableness” under the Fourth Amendment. The United States Court of Appeals, Fourth Circuit, rejected this argument, reasoning that concepts such as ""good faith"" are relevant to determining the degree of force used. It affirmed the directed verdict, holding that a reasonable jury could not have found in Graham’s favor. +" +TEST_0226,Harper,Virginia Board of Elections,"Virginia resident Annie Harper could not pay the state-imposed poll tax of $1.50. She filed suit, alleging the poll tax deprived indigent Virginia residents of their rights under the Equal Protection Clause of the Fourteenth Amendment. The federal district court dismissed her claim, based in part on a 1937 decision by the U.S. Supreme Court that had ruled poll taxes to be within the powers of the states.  +" +TEST_0227,"Asahi Metal Company, Ltd.","Superior Court of California, Solano County","On September 23, 1978, Gary Zurcher lost control of his Honda motorcycle while riding down Highway 80 in Solano County, California. His motorcycle collided with a trailer and killed his passenger and wife, Ruth Ann Moreno. A year later, Zurcher filed a liability suit alleging that the sudden loss of air and subsequent explosion of his rear tire caused the accident. His complaint named Cheng Shin Rubber Industrial Company, the Taiwanese manufacturer of the tube, as a defendant. Cheng Shin sued its co-defendant, Asahi Metal Industry Company, the Japanese manufacturer of the tube's valve assembly. Zurcher's claim was eventually settled, which left the suit against Asahi still outstanding. +Asahi filed a motion with the superior court to quash the summons by arguing that the court had no jurisdiction over the company. The Court denied the motion because Asahi does business internationally and therefore should be subject to international laws. The Court of Appeal of the State of California ordered the Superior Court to grant the motion because it was not reasonably foreseeable for Asahi products to end up in California. The Supreme Court of the State of California reversed and held that Asahi placed its components in a ""stream of commerce"" with the awareness that some of those components ended up in California. +" +TEST_0228,"Return Mail, Inc.",United States Postal Service,"Return Mail, Inc. owns a US patent directed to the processing of mail items that are undeliverable due to an inaccurate or obsolete address of the intended recipient. Return Mail sought to license the patent to the US Postal Service (“USPS”) and when it was unsuccessful, it filed a lawsuit against USPS alleging unlicensed and unlawful use and infringement of the patent. USPS filed a petition with the Patent and Trademark Office’s Patent Trial and Appeal Board (“Board”) asking that the patent be declared unpatentable on several grounds. In response, Return Mail addressed the unpatentability arguments and further argued that USPS lacked statutory standing to institute review proceedings under the Leahy-Smith America Invents Act (“AIA”). +The Board held that USPS was not statutorily barred from filing the petition for review, and on the merits determined that all of the challenged patent claims were unpatentable under 35 U.S.C. § 101. The US Court of Appeals for the Federal Circuit affirmed. +" +TEST_0229,Tennessee Wine and Spirits Retailers Association,"Russell F. Thomas, Executive Director of the Tennessee Alcoholic Beverage Commission, et al.","To sell liquor in the state of Tennessee, one must have a license from the Tennessee Alcoholic Beverage Commission (TABC). Under Tennessee Code Annotated § 57-3-204(b)(2)(A), an individual must have “been a bona fide resident of [Tennessee] during the two-year period immediately preceding the date upon which application is made to the commission,” and there is a ten-year residency requirement to renew a liquor license. The state imposes similar requirements on entities seeking a license. +Two entities did not satisfy the residency requirement when they applied for a license with the TABC, so TABC deferred voting on their applications. The Tennessee Wine and Spirits Retailers Association, which represents Tennessee business owners and represented the two entities here, informed TABC that litigation was likely. In response, the state attorney general filed an action in state court seeking declaratory judgment as to the constitutionality of the durational-residency requirements. The Association removed the action to federal district court. +The district court determined that the durational-residency requirements are facially discriminatory, in violation of the dormant Commerce Clause of the US Constitution. The Sixth Circuit affirmed. +" +TEST_0230,United States District Court for the Eastern District of Michigan,United States,"Investigating three people it suspected of conspiring to destroy government property and bombing a Central Intelligence Agency office, officials used electronic surveillance to record suspects' conversations. The wiretapping was conducted without a search warrant. +" +TEST_0231,"Dun & Bradstreet, Inc.","Greenmoss Builders, Inc.","Dun and Bradstreet, a credit reporting agency, mistakenly reported to some of its subscribers that the construction contractor Greenmoss Builders had voluntarily filed for bankruptcy. The president of Greenmoss quickly learned about the erroneous report, requested Bradstreet to correct its error, and asked for the list of subscribers who received the report. Bradstreet refused to release the names on the list, but issued a correction to its five subscribers who received the original report. The correction stated that actually a former employee of Greenmoss had filed for bankruptcy and that Greenmoss Builders ""continued in business as usual."" Greenmoss was dissatisfied with the correction and again asked for the list. When Bradstreet refused a second time, Greenmoss filed suit against it for defamation in a Vermont state court. The court discovered that a 17-year-old high student interning for Bradstreet had caused the error and the jury awarded $350,000 to Greenmoss in compensatory and punitive damages. Bradstreet claimed that contrary to the Supreme Court's ruling in Gertz v. Robert Welch, the trial judge told the jury that it could award punitive damages even if Bradford did not make mistakes intentionally or out of recklessness. The court granted Bradstreet's motion for retrial, but the Vermont Supreme Court ruled that Gertz only applied to cases involving defamation by the media. +" +TEST_0232,"Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al.",Joseph Kindler,"Joseph Kindler was convicted of first degree murder in a Pennsylvania state court and sentenced to death. He subsequently filed motions for post-conviction relief, but while the motions were pending, he escaped from prison. Pennsylvania immediately moved to dismiss the motions arguing that Mr. Kindler had waived any right to have his post-conviction motions considered because he was a fugitive. The trial court agreed and dismissed them. After recapture, Mr. Kindler moved to reinstate his post-conviction motions, which was denied. Both the Pennsylvania Superior Court and Pennsylvania Supreme Court affirmed the trial court's decision. +In 2000, Mr. Kindler filed a petition for federal habeas corpus relief in a Pennsylvania federal district court. The State of Pennsylvania argued that habeas corpus relief was unavailable to Mr. Kindler because Pennsylvania's fugitive waiver rule was an ""independent and adequate"" state ground that precluded federal habeas review. The district court disagreed and granted the petition. On appeal, the U.S. Court of Appeals for the Third Circuit affirmed. Relying on its decision in Doctor v. Walters, it held that Pennsylvania's fugitive waiver rule was not an independent and adequate state ground that precluded federal habeas review. +" +TEST_0233,"County School Board of New Kent County, Virginia et al.",Charles C. Green et al.,"New Kent County had two schools that taught students elementary through high school. Prior to 1965, New Kent school taught all white students, while George W. Watkins school taught all African American students. After Brown v. Board of Education, the school district implemented a “freedom of choice” plan, where all students could choose which school they wanted to attend. While the school district did not prevent anyone from attending the school they wanted to, only a few African American students transferred to New Kent and no white students transferred to George W. Watkins. Several students and parents from the school district brought this action against the school district, arguing that the plan did not adequately integrate the school system. The district court upheld the plan. The U.S. Court of Appeals for the Fourth Circuit affirmed, but remanded the case for a more specific order concerning desegregation of teachers. +" +TEST_0234,"Alicia G. Limtiaco, Attorney General of Guam","Felix P. Camacho, Governor of Guam","Governor Camacho of Guam sought to borrow over $400 million through the issuance of bonds. Guam Attorney General Moylan argued that the bond issuance violated the Guam Organic Act, a federal law governing the Territory of Guam. The Organic Act sets the limit for government borrowing to 10% of the ""aggregate tax valuation of the property on Guam."" The Governor asked the Supreme Court of Guam for a decision on the disputed text. The Guam legislature had interpreted the phrase ""aggregate tax valuation"" to mean the assessed value of property on Guam for purposes of taxation. However, the Guam Supreme Court declined to follow the legislature's interpretation and ruled that the ""aggregate tax valuation"" was equivalent to the full appraised value of property on Guam. Under that interpretation, the debt-limit would be about $1.1 billion. +The Attorney General appealed to the U.S. Court of Appeals for the Ninth Circuit. While the case was pending, Congress passed a law allowing parties to appeal directly from the Guam Supreme Court to the U.S. Supreme Court. When the Ninth Circuit declined to hear the case, Moylan appealed to the Supreme Court. Normally parties must seek Supreme Court review within 90 days of a lower court's decision, but the case had been pending before the Ninth Circuit for two years. The Supreme Court directed the parties to argue the question of whether the time the case was pending before the Ninth Circuit counted toward the time limit. +" +TEST_0235,MacDonald,United States,"In May 1970, Jeffrey MacDonald, an army captain living at Fort Bragg, North Carolina, was charged with the murders of his wife and two children. However, after an investigation by the Army Criminal Investigation Division (“CID”), the murder charges were dropped, and MacDonald was given an honorable discharge. Following MacDonald’s discharge, the U.S. Justice Department asked the Army CID to continue its investigation into the murders, and in 1972 the CID created a report on the murders that recommended further investigation into MacDonald. After evaluating the report, the Justice Department presented the case to a grand jury in the fall of 1974, which returned an indictment for MacDonald in January of 1975 that charged him again with all three murders. +MacDonald moved to dismiss the indictment and argued that the delay between the original murder charge in 1970 and the grand jury indictment in 1974 violated his Sixth Amendment right to a speedy trial. The district court denied MacDonald’s motion. On appeal, the U.S. Court of Appeals for the 4th Circuit reversed the district court by finding that the time-gap between the 1972 CID report to the Justice Department and the 1974 convening of a grand jury infringed on MacDonald’s Sixth Amendment rights. The U.S. Supreme Court granted certiorari, reversed and remanded. The Court held that MacDonald could not appeal the denial of a motion to dismiss on the basis of the 6th amendment right to speedy trial until after the trial has been completed. MacDonald was tried and convicted of all three murders. On appeal, the U.S. Court of Appeals for the 4th Circuit again held the indictment violated MacDonald’s Sixth Amendment rights. +  +" +TEST_0236,Chesapeake & Potomac Telephone Company Of Virginia et al. 516 U.S. 415,United States et al.,"To prevent ""local media monopolies,"" Section 533(b) of the Cable Communications Policy Act of 1984 barred local phone service providers (local exchange carriers or LECs) from directly providing video programming to their local phone service subscribers. The government claimed that because LEC- controlled phone lines could also transmit video signals, allowing LECs to provide video programming would hurt competing cable companies. First, LECs could deny competitors access to their data lines. Second, LECs could offer lower cable prices than competitors by raising the costs of telephone service and using the extra profits to subsidize the costs of cable service. +Chesapeake and Potomac Telephone Company of Virginia (Chesapeake) challenged the constitutionality of the statute, pointing out that ""video programming"" is a form of speech protected by the First Amendment. The government argued that the statute's regulation of the cable market had a ""content-neutral"" objective. The District Court ruled that the statute's restrictions were not ""narrowly tailored"" to serve the statute's objective. The U.S. Court of Appeals for the Fourth Circuit affirmed, adding that the statute did not leave open ""ample alternative channels for communication"" between LECs and local residents. The Supreme Court consolidated the case with National Cable Television Assn., Inc. v. Bell Atlantic Corp. +" +TEST_0237,Noreen Hulteen et al.,AT&T Corporation,"Four employees sued their employer, AT&T, alleging that the company's policy for calculating employee pension and retirement benefits discriminated against women who had taken leave time due to pregnancy in violation of Title VII of the 1964 Civil Rights Act. The AT&T policy considered temporary disability leave as service time for the purposes of calculating retirement benefits except when the leave was taken by pregnant women. The employees argued that the policy violated the Pregnancy Discrimination Act of 1978 (PDA), which clarified that Title VII prohibits discrimination ""because of or on the basis of pregnancy, childbirth, or related medical conditions."" The main issue in the case was one of timing: although the employees' pregnancy leave was taken before the PDA came into effect, AT&T's calculation of benefits took place after. The employees argued that under the Court's decision in Pallas the time of calculation should govern the applicability of the PDA. AT&T countered that another decision, Landgraf directly opposed Pallas and had created a ""sea change"" in retroactivity principles such that the PDA should not apply to pregnancy leave taken before it was enacted. The district court sided with the employees and granted summary judgment in their favor. +On appeal, the U.S. Court of Appeals for the Ninth Circuit initially reversed the lower court, agreeing with AT&T that Pallas gave impermissible retroactive effect to the PDA. On rehearing, the full court reversed and ruled in favor of the employees, avoiding the retroactivity problem by holding that the PDA applies to the actual calculation of pension and retirement benefits regardless of when the leave itself was taken. Because AT&T performed this calculation after the PDA had gone into effect, the denial of benefits violated Title VII. +" +TEST_0238,Chris Simopoulos ,Virginia,"Dr. Chris Simopoulos, a practicing obstetrician-gynecologist, performed an abortion for a 17-year-old girl at his clinic in Falls Church, Virginia. The girl was in her second trimester and did not inform her parents about the procedure, despite Dr. Simopoulos’ suggestion. Dr. Simploulous was indicted under a Virginia law prohibiting second trimester abortions outside of a licensed hospital. The Circuit Court of Fairfax County convicted him without a jury and the Supreme Court of Virginia affirmed the conviction. +" +TEST_0239,"Columbia Pictures Television, Inc.",Feltner,"In 1991, Columbia Pictures Television, Inc., terminated agreements licensing several television series, including ""Who's the Boss,"" ""Silver Spoons,"" ""Hart to Hart,"" and ""T. J. Hooker,"" to three television stations owned by C. Elvin Feltner after the stations' royalty payments became delinquent. Columbia sued Feltner after his stations continued to broadcast the programs for copyright infringement. After winning partial summary judgment as to liability on its copyright infringement claims, Columbia attempted to recover statutory damages under section 504(c) of the Copyright Act. The District Court denied Feltner's request for a jury trial and awarded Columbia statutory damages following a bench trial. In affirming, the Court of Appeals held that neither section 504(c) nor the Seventh Amendment provides a right to a jury trial on statutory damages. +" +TEST_0240,"Jamal Kiyemba, et al.","Barack Obama, President","Seventeen ethnic Uighurs, Chinese citizens detained at Guantanamo Bay Naval- Base, Cuba sought federal habeas corpus relief in the District of Columbia federal district court. The petitioners argued that since they were no longer considered ""enemy combatants"" they were entitled to transfer and release from Guantanamo Bay. The petitioners feared that a transfer to China would lead to their arrest, torture, or execution. Therefore, they sought a transfer to the United States where they could be released safely. The district court granted the petition and ordered their transfer and release into the United States. +On appeal, the U.S. Court of Appeals for the D.C. Circuit reversed the district court, holding that the district court lacked authority to order the petitioners' transfer and release into the United States. The court reasoned that only the political branches of government may determine the admissibility of aliens into the United States. Without specific authorization by statute, treaty, or the Constitution, the district court could not grant the relief sought by the petitioners. +" +TEST_0241,"City of Joliet, Illinois, et al.",Elijah Manuel,"Elijah Manuel was a passenger in a car that was pulled over for failing to signal on March 18, 2011. When the police officer detected an odor of marijuana in the car, he dragged Manuel out of the car, pushed and kicked him, and handcuffed him. The officer found a bottle of pills in Manuel’s pocket during his pat-down. The pills were tested and the officers falsified the results to show the pills were ecstasy. The initial positive pill results were later tested at the scene of the arrest. More detailed negative lab results were presented by Manuel later. Manuel was arrested based on these initial results. The officers continued to rely on the false positive initial test throughout the grand jury proceedings, and he was held until May 4, when the Assistant State’s Attorney sought dismissal of the charges. +Manuel sued the City of Joliet and various city officials and alleged malicious prosecution as well as other civil rights claims. The district court dismissed most of Manuel’s claims as falling outside of the statute of limitations. His malicious prosecution claim was not time-barred, however, but was dismissed under Newsome v. McCabe, which held that federal claims of malicious prosecution stem from the right to due process and are not a Fourth Amendment issue. Therefore, there was no malicious prosecution claim under federal law if the state provided a similar cause of action, as Illinois did. On appeal, Manuel argued that Newsome did not foreclose a malicious prosecution claim on Fourth Amendment grounds when officers misrepresented evidence. The U.S. Court of Appeals for the Seventh Circuit affirmed the lower court’s ruling against Manuel as consistent with the Newsome precedent. +" +TEST_0242,Florida,Gary Lawrence,"Gary Lawrence was convicted of first-degree murder and sentenced to death. Lawrence appealed his conviction, arguing that his counsel had been ineffective. After exhausting his state-court appeals, Lawrence filed a petition for certiorari, asking the Supreme Court to review the decisions of the Florida courts. Later, Lawrence petitioned for a writ of habeas corpus, which would allow his appeal to be heard in federal court. +The federal District Court rejected Lawrence's habeas petition, because he had exceeded the one-year statute of limitations in the Antiterrorism and Effective Death Penalty Act (AEDPA). The AEDPA gives defendants one year to submit habeas petitions, but that does not include any time that the petitioner has a ""properly filed application"" pending for ""State post-conviction or other collateral review."" In Lawrence's case, whether or not he had exceeded the one-year time limit depended on whether or not the time spent waiting for the Supreme Court to process his pending certiorari petition counted toward the time limit. Federal Circuit Courts have disagreed on this question. +In his appeal, Lawrence argued that time spent on Supreme Court certiorari petitions, like time spent on state-court appeals, was not countable toward the one-year statute of limitations. Lawrence also made an alternative argument that the incompetence of his state-appointed counsel, as well as the disagreement among federal courts on the statute of limitations question, constituted ""extraordinary circumstances."" If the Court were to find that the delay was due to extraordinary circumstances beyond the defendant's control, it could set aside the time limit under the doctrine of ""equitable tolling."" +The U.S. Court of Appeals for the Eleventh Circuit upheld the District Court and rejected Lawrence's petition. The Circuit Court ruled that Lawrence had failed to demonstrate how his lawyer's actions or the confusion over the statute of limitations caused him to miss the deadline. The Circuit Court acknowledged that the statute of limitations had been in dispute, but it followed Circuit precedent that said time spent waiting for a pending Supreme Court certiorari petition did count toward the AEDPA's one-year time limit. +" +TEST_0243,"Rejane Burton, Act Assistant Secretary, Land and Minerals Management, Department of the Interior, et al.","BP America Production Co., successor in interest to Amoco Production Co., et al.","The Department of the Interior (DOI) leases the rights to the mining of natural resources on federal lands to private companies like BP America Production (BP) in return for royalty payments. BP obtained a lease for the mining of coalbed methane gas, a natural gas that requires removal of excess carbon dioxide from the gas in order to make in marketable. In 1996, the Minerals Management Service (MMS) of the DOI issued an administrative order clarifying that the companies themselves must bear the full cost of removing the carbon dioxide. BP had been deducting the removal cost from its royalty payments, so the MMS ordered BP to pay more than $4 million in past royalites. BP cited 28 U.S.C. Section 2415(a), which establishes a six-year statute of limitations for government actions for monetary damages. BP argued that the government could not claim past royalties from more than six years before the 1996 administrative order, because the six-year time limit had expired. +The DOI Assistant Secretary rejected BP's arguments and ruled for the government. A District Court affirmed the decision, ruling that an agency administrative order was not a government action for monetary damages, so the statute of limitations did not apply. On appeal, the Court of Appeals for the D.C. Circuit upheld the lower court's ruling. The Circuit Court ruled that the government would have had to file a complaint in court in order for the statute of limitations to take effect; an agency administrative order did not activate the time limit. +" +TEST_0244,James Rual Miller,United States,"An indictment issued by a grand jury charged James Miller with fraud. The indictment alleged he conspired with a burglar and overstated the value of the stolen items so his insurer would pay him more in damages recovery. The prosecution presented evidence proving that Miller had overstated the value of the items but did not try to establish that he had conspired with the burglar. The jury found his overstatement of value sufficient to convict him of fraud. Miller argued that by convicting him despite the fact that the prosecutors only addressed part of the indictment, the jury violated his Fifth Amendment right to be tried only on a grand jury indictment. The United States Court of Appeals for the Ninth Circuit agreed and reversed his conviction. +" +TEST_0245,"Chris Sale, Acting Commissioner, Immigration And Naturalization Service, et al.","Haitian Centers Council, Inc., et al.","According to Executive Order No. 12807 signed by President George H. W. Bush in 1992, the Coast Guard was required to force the return of all passengers discovered illegally traveling by sea from Haiti to the United States before reaching its borders without determining whether they qualify as refugees. The Haitian Centers Council, Inc., a collection of organizations representing illegal Haitian aliens and Haitians detained at Guantanamo, requested that the District Court for the Eastern District of New York delay the implementation of the order. The council argued that the order violated section 243(h) of the Immigration and Nationality Act of 1952 and Article 33 of the United Nations Protocol Relating to the Status of Refugees which protect individuals escaping potential prosecution from forced repatriation. The District Court denied the council's request, but the Court of Appeals for the Second Circuit reversed. +" +TEST_0246,Idaho,United States,"In 1873, the Coeur d'Alene Tribe agreed to relinquish all claims to its aboriginal lands outside the bounds of a more substantial reservation that U.S. negotiators agreed to set apart for the tribe's exclusive use. The reservation included part of the St. Joe River and virtually all of the Lake Coeur d'Alene. President Grant set the land aside in an 1873 Executive Order. In 1891, Congress ratified agreements in which the Tribe agreed to cede its rights to all land except that within the Executive Order reservation, and the Government promised to compensate the Tribe and agreed to hold the land forever as Indian land and the Tribe agreed to cede the reservation's northern portion, including two-thirds of the lake, for compensation. The United States initiated an action against Idaho to quiet title in the United States, in trust for the Tribe, to the submerged lands within the current reservation. The District Court quieted title in the United States as trustee, and the Tribe as beneficiary, to the bed and banks of the lake and the river within the reservation. The Court of Appeals affirmed. +" +TEST_0247,Florida Legislative Investigation Committee,Theodore R. Gibson,"In the wake of the Supreme Court's ruling in Brown v. Board of Education, the National Association for the Advancement of Colored People (NAACP) received much criticism from state legislators as it pushed ahead with litigation to combat segregation. The State of Florida, in 1959, established a Legislative Investigation Committee to study what were called ""subversive organizations."" Gibson, president of the Miami branch of the NAACP, was subpoenaed before the committee and asked to produce a membership list of his organization. He refused and was found in contempt. +" +TEST_0248,Zenith Radio Corporation,"Matsushita Electric Industrial Company, Ltd.","In 1974, Zenith Radio Corporation, an American manufacturer of consumer electronic products, and National Union Electronic Company (collectively referred to as Zenith) sued 21 Japanese-owned or -controlled manufacturers of consumer electronics and claimed that these companies conspired to drive the American companies out of the market. According to Zenith, the Japanese companies conspired to set artificially high prices for their products in Japan to offset the artificially low prices of their products in America, which was harmful to the American companies. Zenith claimed this conspiracy was a violation of several anti-trust laws intended to prevent price-fixing. The Japanese companies filed a motion for summary judgment. After finding the bulk of Zenith’s evidence inadmissible, the district court held that the admissible evidence did not raise a genuine issue of material fact and granted the motion for summary judgment in favor of the Japanese companies. +The U.S. Court of Appeals for the Third Circuit reversed and held that most of Zenith’s evidence was admissible. On the merits of the case, and in light of the greater amount of admissible evidence, the Court of Appeals held that a reasonable factfinder could find evidence of a conspiracy and that the district court improperly granted the summary judgment in favor of the Japanese companies. +  +" +TEST_0249,"FBL Financial Services, Inc.",Jack Gross,"In April 2004, Jack Gross sued FBL Financial Services, Inc. (FBL) under the Age Discrimination in Employment Act (ADEA) alleging he was demoted because of his age. A federal district court in Iowa found in his favor and awarded him $46, 945. +On appeal, the United States Court of Appeals for the Eighth Circuit reversed and ordered a new trial. The court held that the jury instruction in Mr. Gross' case was improper. It reasoned that since Mr. Gross never submitted direct evidence that age was a motivating factor in his demotion, he was not entitled to a jury instruction that put the burden of persuasion upon FBL to show that it would have demoted him regardless of his age. +" +TEST_0250,Maryland,Craig,"Sandra Ann Craig, the operator of a kindergarten and pre-school facility, was accused of sexually abusing a six-year-old child. Over Craig's objections, a trial court allowed the alleged child victim to testify via one-way closed circuit television. The child testified outside the courtroom while Mrs. Craig, through electronic communication with her lawyer, could make objections. The judge and jury also viewed the testimony in the courtroom. This was done in order to avoid the possibility of serious emotional distress for the child witness. The trial court convicted Craig, but the Maryland high court reversed. +" +TEST_0251,"Michael J. Astrue, Commissioner of Social Security",Karen K. Capato,"In 1999, shortly after Robert and Karen Capato were married in New Jersey, Robert was diagnosed with esophageal cancer, and was advised that chemotherapy might render him sterile. Before beginning treatment, Robert deposited semen at the Northwest Center for Infertility and Reproductive Endocrinology so the couple could conceive a child in the future. Karen Capato conceived a child naturally, however, giving birth to a son in August of 2001. The Capatos wanted their son to have a sibling, but Robert's health deteriorated quickly, and he died in Florida in March of 2002. He was insured by social security when he died. His will named only his son and two children from a previous marriage as beneficiaries. +Shortly after Robert's death, Karen began treatment for in vitro fertilization using her husband's frozen semen. She gave birth to twins on September 23, 2003, eighteen months after her husband's death. In October 2003, Karen applied for benefits from the Social Security Administration on behalf of her twins. § 416(e) of the Social Security Act (""SSA"") defined ""child"" as ""the child or legally adopted child of an individual"". In addition, the child must be dependent on an insured individual at the time of the qualified individual's death. § 416(h) provided an alternate method of determining a child's qualification, directing the Commissioner of Social Security to look to the intestate property laws of the domiciliary of the deceased insured individual. +The Social Security Administration denied her claim, and Karen requested a hearing in front of an administrative court. While noting that granting benefits would be consistent with the purpose of social security, the court held that the twins were not Robert's ""child(ren)"" for the purposes of the SSA. The district court affirmed, echoing the ALJ's interpretation of ""child(ren)"". The court also held that because Robert died while domiciled in Florida, Florida's law of intestacy applies. The United States Court of Appeals, Third Circuit, held that the twins were clearly children under § 416(e) of the SSA because they were the biological children of a married couple. It rejected the district court's argument that Florida state intestacy law should apply before § 416(e), holding § 416(h) to be an alternate definition only used when a child's status is in doubt. +" +TEST_0252,Ohio,Robinette,"After stopping Robinette for speeding, an Ohio deputy warned him, returned his license, and asked him if he had any illegal contraband, weapons, or drugs in his car. Robinette answered ""no"" but after agreeing to have his car searched, the officer found some marijuana and a pill that later proved to be a powerful drug. On appeal from the Ohio Court of Appeals' reversal of his lower court conviction for possession of a controlled substance, the Ohio Supreme Court Affirmed. The Supreme Court granted Ohio certiorari. +" +TEST_0253,Virginia,Black,"Barry Black, Richard Elliott, and Jonathan O'Mara were convicted separately of violating a Virginia statute that makes it a felony ""for any person..., with the intent of intimidating any person or group..., to burn...a cross on the property of another, a highway or other public place,"" and specifies that ""any such burning...shall be prima facie evidence of an intent to intimidate a person or group."" At trial, Black objected on First Amendment grounds to a jury instruction that cross burning by itself is sufficient evidence from which the required ""intent to intimidate"" could be inferred. He was found guilty. O'Mara pleaded guilty to charges of violating the statute, but reserved the right to challenge its constitutionality. In Elliott's trial, the judge did not give an instruction on the statute's prima facie evidence provision. Ultimately, the Virginia Supreme Court held, among other things, that the cross-burning statute is unconstitutional on its face and that the prima facie evidence provision renders the statute overbroad because the probability of prosecution under the statute chills the expression of protected speech. +" +TEST_0254,Virginia Board of Elections,Harper,"Virginia resident Annie Harper could not pay the state-imposed poll tax of $1.50. She filed suit, alleging the poll tax deprived indigent Virginia residents of their rights under the Equal Protection Clause of the Fourteenth Amendment. The federal district court dismissed her claim, based in part on a 1937 decision by the U.S. Supreme Court that had ruled poll taxes to be within the powers of the states.  +" +TEST_0255,Pacifica Foundation,Federal Communications Commission,"During a mid-afternoon weekly broadcast, a New York radio station aired George Carlin's monologue, ""Filthy Words."" Carlin spoke of the words that could not be said on the public airwaves. His list included shit, piss, fuck, cunt, cocksucker, motherfucker, and tits. The station warned listeners that the monologue included ""sensitive language which might be regarded as offensive to some."" The FCC received a complaint from a man who stated that he had heard the broadcast while driving with his young son. +" +TEST_0256,United States,Saul Molina-Martinez,"Saul Molina-Martinez pleaded guilty to being in the United States illegally following deportation proceedings that stemmed from his felony convictions. The district court accordingly sentenced Molina-Martinez to 77 months in prison, pursuant to the sentencing range established in the U.S. Sentencing Guidelines for his criminal history category. Under the Sentencing Guidelines, prior sentences are counted as a single sentence if they were imposed on the same day unless the offenses in question were separated by an intervening arrest. Molina-Martinez’s prior offenses were not separated by an intervening arrest, so when his probation officer calculated his criminal history points and concluded that they placed him in category VI, he erred; Molina-Martinez should properly have been placed in category V, which carries a lower sentencing range of 70-87 months. Molina-Martinez appealed his sentence on the grounds that the district court erred in sentencing him based on the incorrect criminal history category. The U.S. Court of Appeals for the Fifth Circuit held that, despite the error in calculation, Molina-Martinez failed to show that the error affected his substantial rights and therefore affirmed his conviction and sentence. +" +TEST_0257,"Sue Evenwel, et al.","Greg Abbott, Governor of Texas, et al.","The Texas Constitution requires that the state legislature reapportion its senate districts during the first regular session after every federal census. After the 2010 census, the legislature created a redistricting plan that was signed into law. However, a three-judge panel of the federal district court found that there was a substantial claim that this redistricting plan violated the Voting Rights Act and issued an interim plan for the 2012 primary elections that was subsequently adopted and signed into law. +Plaintiffs Sue Evenwel and Edward Pfenniger are registered Texas voters who sued and claimed that the interim plan that was adopted and signed into law violated the Equal Protection Clause of the Fourteenth Amendment. They argued that the new districts do not adhere to the 'one person, one vote' principle, which the Supreme Court had previously held exists in the Equal Protection Clause of the Fourteenth Amendment, because they were apportioned based on total population rather than registered voter population, and while the new districts are relatively equal in terms of total population, they vary wildly in relation to total voter population. The district court granted the defendants’ motion to dismiss and held that the plaintiffs failed to state a claim based on Equal Protection Clause jurisprudence, which allows total population to be the basis for district apportionment. The Supreme Court noted probable jurisdiction on the appeal. +" +TEST_0258,German S. Lopez,United States,"On August 31, 1961, Internal Revenue Agent Roger S. Davis visited Clauson’s Inn, located in North Falmouth, Massachusetts, as part of an investigation into possible tax evasion. He spoke with German S. Lopez, who operated the inn, to determine whether there was any dancing or other form of evening entertainment. Lopez denied it, but when Davis returned later that night, he saw dancing in the lounge and bar. On October 21, Davis returned to tell Lopez that the Inn might owe a cabaret tax and requested the Inn’s financial records. Lopez suggested that the two could reach an “agreement” and offered Davis $420 with a promise of more money if he dropped the issue. In Lopez’s version of the events, the money was for Davis to prepare the paperwork and put the Inn’s books in order. Lopez agreed to file paperwork for the current quarter and asked Davis to come back on October 24. Davis reported the meeting and turned the money over to his superior. When he returned on October 24, Davis wore a recording device. As they discussed Lopez’s tax liability, Lopez emphasized that he wanted Davis “on [his] side” and gave him more money. +Lopez was charged with four counts of attempted bribery of an internal revenue agent. Prior to trial, Lopez filed a motion to suppress the recorded evidence, and the motion was denied. He was convicted on three of the counts in district court. Although the defense did not focus on entrapment, the trial court judge provided jury instructions on the issue. The United States Court of Appeals for the First Circuit affirmed. +" +TEST_0259,"Lechmere, Inc.",National Labor Relations Board,"Lechmere owned and operated a large retail store in a shopping plaza. Nonemployee union organizers campaigned to organize the store employees by entering the company's parking lot and placing handbills on car windshields. Lechmere prohibited solicitation and literature distribution on its property. The union organizers persisted in their leafleting campaign despite continued objections from Lechmere. The union filed an unfair labor practice charge against Lechmere. An NLRB judge ruled in the union's favor. +" +TEST_0260,John Leroy Spring,Colorado,"In February 1979, John Leroy Spring and a companion shot and killed Donald Walker during a hunting trip in Colorado. Shortly after, agents of the Bureau of Alcohol, Tobacco, and Firearms (ATF) received information from an informant that Spring was involved in the transportation of stolen firearms across state lines. The informant also told the agents the Spring had been talking about killing Walker. The agents set up an undercover operation and arrested Spring on March 30. Spring was advised of his Miranda rights at the scene of the arrest and again at the police station. He then signed a document stating that he understood and waived his rights and was willing to make a statement. After asking Spring about the firearms transactions, the agents asked Spring if he had ever shot anyone, and if he had shot Walker in Colorado. Spring admitted to shooting someone but denied shooting Walker, and the interview ended. On May 26, Colorado police officers visited Spring in jail intending to question him about the Walker murder. They read Spring his Miranda rights, and he signed a document stating that he waived them. During the course of the interview, Spring confessed to the murder. +Spring was charged with first-degree murder in Colorado state court. He moved to suppress both the March 30 and May 26 statements by arguing that he invalidly waived his Miranda rights. The trial court held that the police’s failure to inform Spring of the topics that would be covered in questioning did not affect the the waiver, but the content of the March 30 interview was not relevant. The trial court suppressed the March 30 statement and admitted the May 26 statement into evidence. Spring was convicted. On appeal, Spring renewed his argument about the waiver of his Miranda rights for the March 30 statement and argued that the May 26 statement was the “illegal fruit” of the March 30 statement. The Colorado Court of Appeals reversed and held that the March 30 statement was inadmissible because the ATF agents had a duty to inform Spring that he was a suspect in the Walker murder before questioning him about it. The Court of Appeals also held that the state failed to meet its burden to prove that the May 26 statement was not the product of the earlier illegal statement. The Colorado Supreme Court affirmed. +" +TEST_0261,"Denise F. McVeigh, as Administratrix of the Estate of Joseph E. McVeigh","Empire HealthChoice Assurance, Inc., dba Empire Blue Cross Blue Shield","In accordance with the Federal Employees Health Benefits Act of 1959 (FEHBA), the Office of Personnel Management has negotiated a health insurance plan for federal employees with the Blue Cross Blue Shield Association. The plan requires the administrator to make a reasonable effort to recoup amounts paid for medical care from beneficiaries if those beneficiaries receive recoveries from another source (for example, a law suit or settlement against a third party that caused injury). In New York State, the plan is administered by Empire Healthchoice Assurance (Empire). +Empire brought suit in federal district court against the estate of Joseph McVeigh, a former federal employee who was injured in an accident and eventually won a settlement with the third party allegedly responsible for his injuries. Empire sought reimbursement for the money spent on McVeigh's medical care. Denise McVeigh, the administrator of Joseph McVeigh's estate, argued that the district court did not have jurisdiction to hear the case under FEHBA and that it should be heard instead by the state court. The district court and Second Circuit Court of Appeals agreed, dismissing the case for lack of jurisdiction. +" +TEST_0262,Gonzales,United States,"Miguel Gonzales, Orlenis Hernandez Diaz, and Mario Perez were convicted in New Mexico state court on charges arising from their use of guns to holdup undercover officers during a drug sting. After they began to serve their state sentences, they were convicted by a District Court on federal drug and firearm charges related to the sting. Federal law requires a five-year prison sentence for carrying a gun while committing a crime. A Court of Appeals vacated the additional firearms sentences on the ground that they should have run concurrently with the state prison terms. +" +TEST_0263,Rosalind McClanahan,Arizona State Tax Commission,"Rosalind McClanahan was a member of the Navajo Indian nation who lived on the Navajo Reservation in Apache County, Arizona. Her employer withheld $16.20 in 1967 for Arizona state income taxes. McClanahan sought the return of her withheld income. She claimed that since she was a Navajo Indian residing on the reservation and since her income was derived completely on the reservation, she was exempt from state taxation. When her request was denied, she filed suit in Apache County Superior Court. The Superior Court dismissed her claim. The Court of Appeals of Arizona affirmed the dismissal. The Supreme Court of Arizona rejected her petition for review. +" +TEST_0264,Stauffer Chemical Company,United States,"In 1980, the Environmental Protection Agency (EPA) and a private firm planned to inspect a plant owned by Stauffer Chemical Co. (Stauffer) in Tennessee. Before granting entry, Stauffer requested that the employees of the private firm sign an agreement promising not to disclose any trade secrets they might learn during the inspection. The employees refused, and Stauffer denied them entry. The EPA and private firm returned with a warrant to enter the premises, but Stauffer again denied them entry. +The EPA began a civil contempt proceeding against Stauffer to gain entry. The district court ruled in favor of the EPA and Stauffer appealed. On appeal, Stauffer argued that the employees of the private firm did not qualify as “authorized representatives” under the Clean Air Act, and therefore Stauffer was not required to grant them entry. Stauffer had used this argument before in a similar case from Wyoming, which involved the same parties. Stauffer argued that this previous case precluded the government from re-litigating this issue. The U.S. Court of Appeals for the Sixth Circuit agreed with Stauffer and reversed. +" +TEST_0265,Gene Arline,School Board of Nassau County,"Gene Arline could no longer teach elementary school because she had tuberculosis, a contagious disease. The superintendent of schools in Nassau County, Florida dismissed her after it became clear that her illness was recurrent. The school system did not grant her financial relief. Arline claimed in a federal district court that this violated Section 504 of the Rehabilitation Act of 1973, which prohibits state-funded programs from denying relief to applicants solely because they are handicapped. The school conceded it dismissed her solely because of her illness, but contended that a contagious disease like tuberculosis did not qualify her as handicapped. The court ruled that the Act did not define contagious illnesses as handicaps, but the United States Court of Appeals for the Eleventh Circuit reversed. It found that Arline was ""otherwise qualified"" to teach except for her illness, and ruled that this qualified her for handicapped benefits. +" +TEST_0266,United States,Gonzales,"Miguel Gonzales, Orlenis Hernandez Diaz, and Mario Perez were convicted in New Mexico state court on charges arising from their use of guns to holdup undercover officers during a drug sting. After they began to serve their state sentences, they were convicted by a District Court on federal drug and firearm charges related to the sting. Federal law requires a five-year prison sentence for carrying a gun while committing a crime. A Court of Appeals vacated the additional firearms sentences on the ground that they should have run concurrently with the state prison terms. +" +TEST_0267,South Carolina,Bobby Lee Holmes,"Bobby Lee Holmes was sentenced to death after he was convicted of murder and several other crimes. At trial, he was not permitted to introduce evidence suggesting that another person had committed the crimes. +Under South Carolina law, defendants ""seeking to present evidence of third-party guilt must [limit the evidence] to such facts as are inconsistent with his own guilt, and to such facts as raise a reasonable inference or presumption as to his own innocence."" Evidence that merely casts a bare suspicion on another person is not admissible. Using this standard, the South Carolina Supreme Court affirmed the trial court's decision not to allow the evidence. +" +TEST_0268,Washington State Department of Health and Human Services,Guardianship Estate of Keffeler,"The State of Washington, through its Department of Social and Health Services, provides foster care to certain children. It also receives and manages Social Security benefits, which it uses to cover its costs, for many of those children. Such beneficiary children filed suit, alleging that the Department's use of their benefits to reimburse itself for the foster care costs violated the ""anti-attachment"" provision of Title II of the Social Security Act, which protects certain benefits from ""execution, levy, attachment, garnishment, or other legal process."" The trial court enjoined the Department from continuing to charge its foster care costs against Social Security benefits and ordered restitution of previous reimbursement transfers. The Washington Supreme Court ultimately affirmed the trial court's holding that the Department's practices violated the anti-attachment provision. +" +TEST_0269,Richard Bert Mosley,State of Michigan,"On April 8, 1971, Richard Mosley was arrested in Detroit in connection with robberies that had occurred at two local restaurants. Mosley was taken to police headquarters, where he was informed of his Miranda rights to remain silent and to have an attorney present. After Mosley signed the police department’s constitutional rights notification certificate, Detective James Cowie began to question Mosley, but he immediately stopped when Mosley said that he did not wish to speak about the robberies. A few hours later, Detective Hill brought Mosley out from his cell to question him about the recent murder of a man named Leroy Williams, and Mosley was again informed of his Miranda rights. At first Mosley denied any involvement, but after being informed that another man had named him as the shooter, he made statements implicating himself in the murder. During the second interrogation, he never asked for a lawyer or refused to answer questions. Mosley was subsequently charged with first-degree murder. Mosley moved to suppress his incriminating statement and argued that Detective Hill’s interrogation and eventual use of his incriminating comment violated his Miranda rights. The trial court denied his motion, and he was found guilty and given the mandatory sentence of life in prison. The Michigan Court of Appeals reversed and held that the trial court’s failure to suppress Mosley’s statement was a per se violation of Mosley’s Miranda rights. The Michigan Supreme Court denied further review. +" +TEST_0270,Gary Davenport et al.,Washington Education Association,"In some states, public sector labor unions are allowed to collect fees from non-union members. The Supreme Court has ruled that unions may use these fees for political purposes, but only if the non-union member does not object. Washington state also has a ""paycheck protection"" law, RCW 42.17.760, which requires unions to obtain specific permission from non-members before using their fees for political activity. Davenport, a non-union teacher, sued the Washington Education Association (WEA) teacher's union for violating the law. +WEA appealed to the Washington Court of Appeals, arguing that Washington's requirement that unions get prior permission was an unconstitutional burden on the unions' First Amendment right to associate for political purposes. Davenport countered that his own First Amendment rights were being violated when his fees went to political causes he did not agree with. The state Court of Appeals ruled in favor of WEA. +On appeal, the Washington Supreme Court affirmed, ruling that the burden must lie on the nonmember to assert his rights and object to the political fees. +" +TEST_0271,Leon Chambers,Mississippi,"Leon Chambers was charged with murdering a policeman. Another man, Gable McDonald, confessed to the murder, in addition to confession to third parties, and was taken into custody. One month later, McDonald denied the confession and was released from custody. At trial, Chambers tried to prove McDonald admitted to the crime several times and confessed to third parties. The district court found the evidence of the confessions was inadmissible because of the voucher rule – a common-law rule that prohibits the defense from cross-examining a witness when the prosecution failed to do so – and the fact that the statements were hearsay. Chambers’ appealed and argued that the district court violated the Due Process Clause of the Fourteenth Amendment by refusing to admit the evidence. +" +TEST_0272,Kimberly Kent et al.,"Warner-Lambert Co., LLC, et al.","A group of Michigan residents who were injured after taking Warner- Lambert's Rezulin diabetes drug sued the company in Michigan state court. The plaintiffs invoked a Michigan tort reform statue immunizing drug makers' liability for FDA-approved products unless the drug makers made misrepresentations to the agency. The federal district court that eventually heard the case dismissed it, ruling that the Michigan ""fraud on the FDA"" cause of action was preempted by a federal law that empowered the FDA itself to punish misrepresentations. The appeals court reversed, reasoning that the Michigan law did not provide retribution for misrepresentations themselves, but merely created a window for consumers to bring product liability claims where the product reached the market solely through the manufacturer's chicanery. +" +TEST_0273,National Labor Relations Board,"SW General, Inc.","In 1998, Congress enacted the Federal Vacancies Reform Act (FVRA), which provided that, if a position for which the President nominates and the Senate confirms (PAS position) becomes vacant, the first assistant automatically takes over as an “acting officer” for a period of 210 days. The President may also select a senior employee from the same agency or someone in a PAS position from another agency to serve as the acting officer. Pursuant to the FVRA, when the Ronald Meisberg resigned as the General Counsel of the National Labor Relations Board (NLRB), a PAS position, the President directed Lafe Solomon, who held a senior position in the NLRB, to serve as the Acting General Counsel. Six months into his tenure, the President nominated him for the General Counsel position, but the Senate did not confirm him. On October 29, 2013, the Senate confirmed a different nominee, so by the time he stepped down, Solomon had served as Acting General Counsel from June 21, 2010, until November 4, 2013. +SW General, Inc. provides ambulance services to hospitals in Arizona. Its emergency medical technicians (EMTs), nurses, and firefighters, are negotiated by a union that had negotiated with SW General for “longevity pay,” which meant that employees who had been with the company for at least ten years were guaranteed annual bonuses. In December 2012, between the expiration of one collective bargaining agreement and the negotiation of a new one, SW General stopped paying the longevity pay. The union filed an unfair labor practices claim with the NLRB, which issued a formal complaint. An administrative law judge determined that SW General had committed unfair labor practices, and SW General filed a list of exceptions, among which was a claim that Acting General Counsel was serving in violation of the FVRA. A provision of the FVRA states that the acting officer may not become the nominee for the position, and the nominee to fill the position may not serve in an acting capacity unless that nominee was the first assistant to the vacant position for at least 90 days in the previous year. Solomon was briefly a nominee for the position, and he had not served as the first assistant to the vacant position. SW General petitioned the U.S. Court of Appeals for the District of Columbia Circuit for review, and the appellate court did not address the merits of the case because it determined that Solomon’s tenure as Acting General Counsel violated the FVRA. +" +TEST_0274,O'Connor,Ortega,"In 1981, officials at a hospital, including Executive Director Dr. Dennis O'Connor, suspected improprieties in Dr. Ortega's management of a residency program. The officials conducted an investigation of Ortega, which included multiple searches of his office and seizure of a number of items. The items were later used in proceedings before the California State Personnel Board to impeach the credibility of witnesses that testified on Dr. Ortega's behalf. +" +TEST_0275,United States,Rudolph Ivanovich Abel also known as 'Mark' and also known as Martin Collins and Emil R. Goldfus,"Rudolf Ivanovich Abel maintained an artist’s studio in Brooklyn Heights, New York while living in New York at various inexpensive lodgings. In early May of 1957, Reino Hayhanen informed the American Embassy in Paris that he had been acting as a secret agent for the Soviet Union in the United States since 1952. He also informed the embassy that he had assisted a Soviet agent he only knew as “Mark”, whom he identified as a resident agent in the United States with the military rank of colonel. Federal Bureau of Investigation (“FBI”) agents began a long investigation of Abel, but did not seek to obtain a warrant of arrest or a search warrant relating to Abel. +FBI agents gave three agents from the Immigration and Naturalization Service (“INS”) a report on Abel as a suspected spy; the FBI agents also asked them to prepare an Immigration detention warrant. On June 21, 1957, FBI agents found Abel at the Latham Hotel in Manhattan and questioned him unsuccessfully for a half hour. A short time later, INS agents who were waiting outside packed up all of Abel’s personal effects in the room. They seized over two hundred items but found no weapons or evidence of alienage; the FBI also seized several items after an agent checked Abel out of the hotel, including three items contested at trial. +Two INS agents flew Abel to a maximum security camp in McAllen, Texas, where FBI and INS agents interrogated him for four weeks. On the third day, he admitted he was in the United States illegally. A criminal warrant for Abel’s arrest was issued on August 7, 1957 while Abel was in his Texas cell; he also learned that same day that he was indicted for espionage. Agents brought Abel back to New York, where the district court tried and convicted him of espionage. The prosecution introduced seven items seized before the government obtained a search warrant. The United States Court of Appeals, Second Circuit, affirmed Abel’s conviction, holding that INS agents could search Abel’s hotel room incident to his valid arrest and pursuant to a deportation arrest warrant. +" +TEST_0276,California Democratic Party,Jones,"In California, candidates for public office can gain access to the general ballot by winning a qualified political party's primary. In 1996, voter approved Proposition 198 changed California's partisan primary from a closed primary, in which only a political party's members can vote on its nominees, to a blanket primary, in which each voter's ballot lists every candidate regardless of party affiliation and allows the voter to choose freely among them. The candidate of each party who wins the most votes is that party's nominee for the general election. The California Democratic Party, the California Republican Party, the Libertarian Party of California, and the Peace and Freedom Party have historically prohibited nonmembers from voting in their party's primary. Each political party filed suit against Bill Jones, the California Secretary of State, alleging that the blanket primary violated their First Amendment right of association. Jones countered that a blanket primary will intensify the election and allow for better representation in elected office. Siding with Jones, the District Court held that the primary's burden on the parties' associational rights was not severe and was justified by substantial state interests. The Court of Appeals affirmed. +" +TEST_0277,"New Jersey, et al.",PennEast Pipeline Co. LLC,"The Natural Gas Act (NGA), 15 U.S.C. §§ 717–717Z, permits private companies to exercise the federal government’s power to take property by eminent domain, subject to certain jurisdictional requirements. PennEast Pipeline Co. obtained federal approval to build a pipeline through Pennsylvania and New Jersey and sued under the NGA to gain access to the properties along the pipeline route, of which the State of New Jersey owns 42. New Jersey sought dismissal of PennEast’s lawsuits for lack of jurisdiction based on the state’s sovereign immunity and, separately, because PennEast failed to satisfy the jurisdictional requirements of the NGA. +The district court ruled in favor of PennEast and granted a preliminary injunctive relief for immediate access to the properties. The U.S. Court of Appeals for the Third Circuit vacated, finding that while the NGA delegates the federal government’s eminent-domain power, it does not abrogate state sovereign immunity. PennEast’s lawsuits are thus barred by Eleventh Amendment to the U.S. Constitution. +" +TEST_0278,Bates,State Bar of Arizona,"In regulating the Arizona Bar, the Supreme Court of Arizona restricted advertising by attorneys. Bates was a partner in a law firm which sought to provide low-cost legal services to people of moderate income who did not qualify for public legal aid. Bates and his firm would only accept routine legal matters (many of which did not involve litigation) and depended on a large number of patrons given the low financial return from each client. In assessing their concept of legal services, Bates's firm decided that it would be necessary to advertise its availability and low fees. +" +TEST_0279,Rufus Junior Mincey,Arizona,"On October 28, 1974, Officer Barry Headricks of the Tucson Metropolitan Area Narcotics Squad allegedly arranged to purchase a quantity of heroin from Rufus Mincey. Later, Officer Headricks knocked on the door of Mincey's apartment, accompanied by nine other plainclothes officers. Mincey’s acquaintance, John Hodgman, opened the door. Officer Headricks slipped inside and quickly went to the bedroom. As the other officers entered the apartment -- despite Hodgman’s attempts to stop them -- the sound of gunfire came from the bedroom. Officer Headricks emerged from the bedroom and collapsed on the floor; he died a few hours later. +The other officers found Mincey lying on the floor of his bedroom, wounded and semiconscious, then quickly searched the apartment for other injured persons. Mincey suffered damage to his sciatic nerve and partial paralysis of his right leg; a doctor described him as depressed almost to the point of being comatose. A detective interrogated him for several hours at the hospital, ignoring Mincey’s repeated requests for counsel. In addition, soon after the shooting, two homicide detectives arrived at the apartment and took charge of the investigation. Their search lasted for four days, during which officers searched, photographed and diagrammed the entire apartment. They did not, however, obtain a warrant. +The state charged Mincey with murder, assault, and three counts of narcotics offenses. Much of the prosecution’s evidence was the product of the extensive search of Mincey’s apartment. Mincey contended at trial that this evidence was unconstitutionally taken without a warrant and that his statements were inadmissible because they were not made voluntarily. In a preliminary hearing, the court found that Mincey made the statements voluntarily. Mincey’s motion to suppress evidence taken from his apartment was also denied, and he was convicted on all charges. The Supreme Court of Arizona held that the warrantless search of Mincey’s apartment was constitutional because it was a search of a murder scene, and that Mincey’s statements were admissible for impeachment purposes, reversing the murder and assault charges on other grounds. +" +TEST_0280,Securities and Exchange Commission,Charles R. Kokesh,"The Securities and Exchange Commission (SEC) sued Charles Kokesh for violating federal securities law by misappropriating funds from four business development companies. The district court found in favor of the SEC and ordered that Kokesh pay $34.9 million for “the ill-gotten gains causally connected” to Kokesh’s violations. On appeal, Kokesh argued that this “disgorgement” order is barred by the five-year statute of limitations on this type of claim because the SEC brought its action more than five years after the claims accrued. The U.S. Court of Appeals for the Tenth Circuit affirmed the lower court’s ruling. The appellate court held that the five-year statute of limitations did not apply to this case because the ordered payment was remedial rather than punitive in nature. The goal of disgorgement is not to punish a wrongdoer for illegal activity, but rather to return to the rightful owner whatever profits the wrongdoer gained in the course of the illegal activity. Therefore, a disgorgement payment may be ordered so long as the amount “reasonably approximates the ill-gotten gains causally connected to the Defendant’s violations.” +" +TEST_0281,"Sandra Little Covington, et al.","North Carolina, et al.","In 2011, the North Carolina General Assembly redrew state legislative districts in response to changes in population recorded in the 2010 Census. In May 2015, several North Carolina citizens sued North Carolina in federal district court and argued that 28 majority-black districts under the new districting plan were unconstitutional racial gerrymanders. The district court found in favor of the plaintiffs in August 2016 and held that race had been the predominant factor in redrawing the districts at issue. The court did not require changes to the districts in the short time before the November 2016 election but did order the General Assembly to redraw the map prior to holding any other elections. Three months later, the court put in place a remedial order that set a March 2017 deadline for the redrawing of the districts, required that any legislator elected in 2016 from a later-modified district serve only a one-year term, and ordered special elections take place in the fall of 2017. North Carolina appealed the remedial order to the U.S. Supreme Court. +" +TEST_0282,Scott Kernan,Michael Daniel Cuero,"In 2005, the State of California charged Michael Cuero with two felonies and a misdemeanor. Cuero initially pleaded “not guilty” but subsequently changed to plead guilty to the two felony counts. Cuero admitted that he had previously served four separate prison terms, including a term for residential burglary, which counts toward California’s “three strikes” law. On his guilty-plea form, Cuero indicated that he understood that he “may receive this maximum punishment as as result of my plea: 14 years, 4 months in State Prison, $10,000 fine and 4 years parole.” After a hearing, the state trial court accepted the plea and granted the State’s motion to dismiss the misdemeanor charge. The court then scheduled a sentencing hearing. +Before the sentencing hearing occurred, the prosecution determined that a second of Cuero’s prior convictions qualified as a “strike” and that the guilty-plea form erroneously listed only one strike. The fact that the present conviction would constitute his third “strike” under the law, Cuero faced instead a minimum sentence of 25 years. The State asked the trial court for permission to amend the criminal complaint accordingly, and over Cuero’s objection, the court granted the State’s motion. However, the court permitted Cuero to withdraw his guilty plea in light of the change. Cuero withdrew his initial guilty plea and entered a new guilty plea to the amended complaint, which charged Cuero with one felony. +The trial court sentenced Cuero to 25 years to life, his conviction and sentence were affirmed on direct appeal, and the California Supreme Court denied a state habeas petition. +Cuero then filed a petition for federal habeas relief in the US District Court for the Southern District of California, which denied his petition. The Ninth Circuit reversed, holding that the state trial court had “acted contrary to clearly established Supreme Court law” by refusing to enforce the original plea agreement.” +  +" +TEST_0283,Piper Aircraft Company,Reyno,"(This summary was prepared by Tom Feledy.) +A British company, flying an airplane manufactured by Piper, a Pennsylvania company, equipped with propellers made by Hartzell, an Ohio company, conducted a charter flight in Scotland for five Scottish citizens. When the plane crashed, killing all on board, the next of kin, also Scottish, had a Los Angeles-based lawyer sue Piper and Hartzell for wrongful death. The suit was filed in a California state court, then removed to Federal District Court in California, and finally transferred to Federal District Court in Pennsylvania. There it was dismissed for forum non conveniens under the determination that the case should be tried in Scotland: the crash had occurred, the crash investigation had been conducted there by British authorities, and the pilot's estate, the plane's owners, and the charter company were all located there. However, respondents successfully appealed, claiming that substantive law in Scotland would be unfavorable to their case. Scotland, unlike Pennsylvania, had no strict liability law, which, along with negligence, respondents were relying upon in order to prevail. +" +TEST_0284,Evans,Romer,"Colorado voters adopted Amendment 2 to their State Constitution precluding any judicial, legislative, or executive action designed to protect persons from discrimination based on their ""homosexual, lesbian, or bisexual orientation, conduct, practices or relationships."" Following a legal challenge by homosexual and other aggrieved parties, the state trial court entered a permanent injunction enjoining Amendment 2's enforcement. The Colorado Supreme Court affirmed on appeal. +" +TEST_0285,Powerex Corp.,"Reliant Energy Services, Inc., et al.","The state of California suffered an energy crisis in 2001. Citizens filed suit against energy company Reliant Energy Services et al (Reliant) for conspiring to fix energy price levels. Reliant filed cross-claims against multiple energy companies and regulatory agencies involved in the price fixing, including the Canadian company Powerex Corporation. PowerEx exported surplus Canadian hydropower on behalf of its owner, the British Columbia Hydro and Power Authority (BC Hydro). Since BC Hydro was a governmental corporation and Powerex was its subsidiary, both argued that they were entitled to sovereign immunity under the Foreign Sovereign Immunity Act of 1976 (FSIA). FSIA defines a foreign sovereign as an ""organ of a foreign state"" (28 U.S.C. Section 1603(b)). Reliant claimed that the two companies were exempt from FSIA sovereign immunity because their commercial activity had a ""direct effect"" on California energy markets. +A District Court ruled that BC Hydro was a foreign sovereign, but PowerEx was not. The District Court issued a remand order sending the case back to state court. Powerex appealed to the U.S. Court of Appeals for the Ninth Circuit, claiming that it operated for the ""public interest"" as an instrumentality of the government. The Ninth Circuit held that PowerEx was not a ""foreign sovereign"" because BC Hydro, not the Canadian government, owned PowerEx's shares. +" +TEST_0286,"Caspar Weinberger, Secretary of Health, Education, and Welfare","Stephen Charles Wiesenfeld, etc.","Stephen Wiesenfeld and Paula Polatschek were married in 1970. Polatschek had worked as a teacher for the five years prior to their marriage and continued teaching after they were married. Her salary was the principle source of the couple’s income, and social security contributions were regularly deducted from her salary. In 1972, Polatschek died in childbirth, which left Wiesenfeld with the care of their newborn son. Wiesenfeld applied for social security benefits for himself and his son, and was told that his son could receive them but that he could not. Social Security Act provides benefits based on the earnings of a deceased husband and father that are available to both the children and the widow. The benefits for a deceased wife and mother, however, are only available to the children. +In 1973, Wiesenfeld sued on behalf of himself and similarly situated widowers. He claimed that the relevant section of the Social Security Act unfairly discriminated on the basis of sex and sought summary judgment. A three-judge panel of the district court granted Wiesenfeld’s motion for summary judgment +" +TEST_0287,"Loretta Lynch, Attorney General of the United States",Noel Reyes Mata,"Noel Reyes Mata, a citizen of Mexico, was convicted of assaulting a woman he was dating; he was deported in 2010. His appeal to the Board of Immigration Appeals (BIA) was dismissed after his attorney failed to file an appellate brief. Mata subsequently moved to reopen his case based on ineffective assistance of counsel, but the BIA denied Mata's motion as untimely because it was filed well after the 90 days allowed. Mata appealed the BIA's denial of his motion to the U.S. Court of Appeals for the Fifth Circuit and argued that the BIA should not have enforced the filing period limitation because his attorney's failure to file a brief deprived him of his due process rights. The appellate court held that such a motion was subject to the complete discretion of the BIA, and thus the appellate court lacked the jurisdiction to review the decision. +" +TEST_0288,Michigan,Bay Mills Indian Community,"The Indian Gaming Regulatory Act (IGRA) provides that if certain requirements are met, including a compact between the state and the tribe, an Indian tribe can operate a casino on Indian lands. Under the Michigan Indian Land Claims Settlement Act, lands bought with funds from a congressionally established trust are Indian lands. On November 3, 2010, the Bay Mills Indian Community, a federally recognized Indian tribe with a reservation located in northern Michigan, opened a small casino in the town of Vanderbilt, Michigan, on lands purchased with funds from this trust. The state of Michigan sued for closure of the casino by claiming that the Bay Mills casino violated state gaming laws, as well as various provisions of its Tribal-State compact. The district court entered a preliminary injunction ordering Bay Mills to stop the gambling at the Vanderbilt casino. The U.S. Court of Appeals for the Sixth Circuit vacated the injunction and held that the district court lacked jurisdiction over some of the plaintiffs' claims, while Bay Mills' sovereign immunity bars the others. +" +TEST_0289,Bigelow,Virginia,"A Virginia statute made it a misdemeanor for ""any person, by publication, lecture, advertisement, or by the sale or circulation of any publication, or in any other manner, [from encouraging] or [prompting] the procuring of abortion or miscarriage."" Bigelow, director and managing editor of the Virginia Weekly, was convicted under this law when his newspaper ran an advertisement for an organization which referred women to clinics and hospitals for abortions. +" +TEST_0290,Buckley,American Constitutional Law Foundation Inc.,"Colorado practices an initiative-petition process in which citizens can make laws directly through balloting initiatives. Acting on behalf of ballot petitioners, the American Constitutional Law Foundation (Foundation) challenged the constitutionality of six limitations imposed by Colorado on the petitioning process. After mixed rulings in both trial and appellate courts, the Supreme Court granted certiorari to review three of the six original restrictions. The first required petition circulators to be registered voters. The second required them to wear identification badges with their names, status as ""volunteer"" or ""paid,"" and if the latter then their employer's phone number. The third required initiative proponents to report names, addresses, and registration voting counties for all paid circulators, as well as salary per petition signature, and each circulator's total salary. Proponents also had to report, on a monthly basis, all proponent names, names and addresses of circulators, circulators' monthly salary and debt totals, and the name of each proposed ballot measure. +" +TEST_0291,United States,Bourjaily,"William Bourjaily was arrested after receiving a quantity of cocaine in a parking lot from Angelo Lonardo. At Bourjaily's trial, the government introduced statements Lonardo made in a telephone conversation with an informant regarding a ""friend"" who had questions about the cocaine. The district court, considering the events in the parking lot and Lonardo's statements over the telephone, found that the government had established that a conspiracy existed between Bourjaily and Lonardo, and that Lonardo's statements over the telephone had been made in the course of and in furtherance of the conspiracy. Accordingly, the court held that Lonardo's out-of-court statements satisfied Federal Rule of Evidence 801(d)(2)(E) and were not hearsay. +" +TEST_0292,Gilbert P. Hyatt,Franchise Tax Board of California,"Throughout the 1990s, inventor Gilbert P. Hyatt was involved in litigation with the Franchise Tax Board of California (FTB) based on the FTB’s audits of his 1991 and 1992 tax returns. The FTB claimed that Hyatt had falsified his tax forms by manufacturing a move to Nevada that did not occur until later and therefore failing to file state taxes for time that he was actually living in California. Hyatt protested that the FTB acted in bad faith and eventually sued the FTB in Nevada alleging negligence along with several intentional torts and seeking damages. Before the case went to trial, the FTB argued that it should be immune from the lawsuit based on California law that granted it sovereign immunity. The case eventually went before the U.S. Supreme Court, which held that Nevada courts were not bound to grant the FTB full immunity. +At trial, the jury found in favor of Hyatt and awarded him over $300 million in damages. The parties cross-appealed to the Supreme Court of Nevada, which held that the FTB is not immune from the suit because in Nevada governmental entities are not immune from claims for intentional torts. However, because Nevada law does not allow punitive damages against governmental entities, the punitive damage award in this case should be reversed. +  +" +TEST_0293,"Empagran S.A., et al.","F. Hoffmann-La Roche Ltd, et al.","Under the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA), the Sherman Act (which regulates monopolies and attempts to unfairly raise prices) does not apply to foreign commerce unless that commerce significantly harms domestic commerce, American imports, or American exporters. In this case, several companies that purchase and resell vitamins sued several vitamin manufacturers for illegal attempts to raise prices, both within the United States and in foreign countries. The manufacturers asked the district judge to dismiss several of the vitamin purchasers from the case because they only did business in other countries and, the manufacturers argued, could therefore not bring claims under the Sherman Act. The purchasers countered that the foreign price-fixing attempts were linked to the domestic attempts and could therefore be heard under the exception to the FTAIA. The district court sided with the manufacturers. On appeal, a D.C. Circuit Court of Appeals panel reversed, finding that the price fixing schemes were independent of each other but that Congress' intent had been to prevent price-fixing both at home and abroad, and that even the foreign claims could therefore be brought under the exception to the FTAIA. +" +TEST_0294,United States,Russell,"At the conclusion of an undercover drug investigation, Richard Russell was arrested by Washington police and eventually convicted in a district court for drug manufacturing crimes. Russell challenged his conviction as the result of unconstitutional entrapment practices, since an undercover agent supplied him with an essential ingredient of his drug manufacturing operation. On appeal from an adverse Court of Appeals decision, the Supreme Court granted the government certiorari. +" +TEST_0295,Doe,Gonzaga University,"A student at Gonzaga University planned to become a public elementary school teacher in Washington, which required all new teachers to obtain an affidavit of good moral character from their graduating colleges. Gonzaga's teacher certification specialist overheard one student tell another that the student had engaged in sexual misconduct, contacted the state agency responsible for teacher certification, and discussed the allegations, identifying the student by name. Ultimately, the student was told that he would not receive his certification affidavit. The student sued Gonzaga in state court, alleging a violation of the Family Educational Rights and Privacy Act of 1974 (FERPA), which prohibits the federal funding of schools that have a policy or practice of permitting the release of students' education records without their parents' written consent. A jury awarded the student compensatory and punitive damages. Ultimately, the State Supreme Court acknowledged that FERPA does not give rise to a private cause of action, but reasoned that the nondisclosure provision creates a federal right that is enforceable. +" +TEST_0296,Dow Chemical Company,Stephenson,"In 1984 Dow Chemical Co. negotiated a settlement in a class action lawsuit filed by Vietnam War veterans who had been exposed to Agent Orange and subsequently developed various injuries and illnesses. The settlement created a fund that would pay those who developed illnesses up until 1994. Daniel Stephenson, a Vietnam veteran, developed cancer in 1998 and could therefore not collect money from the fund. He sued, saying that he was not adequately represented in the original settlement, which made no provision for injuries that developed after 1994. Therefore, he claimed, he had the right to file a suit of his own. The district court ruled for Dow Chemical; the 2nd Circuit Court of Appeals unanimously reversed, ruling for Stephenson. +" +TEST_0297,Joshua Davey,"Gary Locke, Governor of Washington, et al.","The Washington State Promise Scholarship, created by the state legislature in 1999, gives college scholarship money to talented students. However, this money cannot be used to obtain a degree in theology if the program is taught to cause belief. Washington's constitution prohibits funding religious instruction. The 1969 state code applied this ban to college financial aid. +Joshua Davey forfeited his Promise Scholarship money in order to major in pastoral ministries at a private Christian college. Davey filed suit in U.S. district court, claiming the state constitution's ban on funding religious instruction violated his First Amendment right to free exercise of religion (in the U.S. Constitution). The district court rejected Davey's claim. The Ninth Circuit Court of Appeals reversed, concluding Davey's free exercise rights were violated. +" +TEST_0298,Herman Avery Gundy,United States,"Herman Avery Gundy was convicted of committing sexual assault in Maryland while on supervised release for a prior federal offense. After serving his sentence for the Maryland sex offense, Gundy was to be transferred to federal custody to serve his sentence for violating his supervised release. As a part of this transfer, Gundy received permission to travel unsupervised by bus from Pennsylvania to New York. Gundy made the trip, but did not register as a sex offender in either Maryland or New York as required by state law. +In January 2013, Gundy was indicted under 18 U.S.C. § 2250, the Sex Offender Notification and Registration Act (SORNA), for traveling from Pennsylvania to New York and then staying in New York without registering as a sex offender. He was convicted and sentenced to time served, along with five years of supervised release.  +The 2nd Circuit affirmed this judgment on appeal. Gundy then asked the U.S. Supreme Court to review his case, which it agreed to do only as to the question of whether SORNA unlawfully delegates authority to the U.S. Attorney General under 42 U.S.C. § 16913 to impose the law’s registration requirements upon offenders who were convicted before the statute was enacted. +" +TEST_0299,"Gary Locke, Governor of Washington, et al.",Joshua Davey,"The Washington State Promise Scholarship, created by the state legislature in 1999, gives college scholarship money to talented students. However, this money cannot be used to obtain a degree in theology if the program is taught to cause belief. Washington's constitution prohibits funding religious instruction. The 1969 state code applied this ban to college financial aid. +Joshua Davey forfeited his Promise Scholarship money in order to major in pastoral ministries at a private Christian college. Davey filed suit in U.S. district court, claiming the state constitution's ban on funding religious instruction violated his First Amendment right to free exercise of religion (in the U.S. Constitution). The district court rejected Davey's claim. The Ninth Circuit Court of Appeals reversed, concluding Davey's free exercise rights were violated. +" +TEST_0300,Lincoln Property Company et al.,Christophe Roche et ux.,"Christophe and Juanita Roche leased an apartment in Virginia managed by Lincoln Property Company. The Roches sued Lincoln, which they identified as a Texas company, and other defendants in state court, alleging a variety of problems that arose from their exposure to toxic mold in their apartment. Lincoln moved the litigation to a federal district court, citing diversity of citizenship, which arises when opposing parties are from different states. The Roches then asked that the case be sent back to state court because there was no diversity of citizenship. Rather, one of the partners in the Lincoln-owned subsidiary partnership resided in Virgina. The court denied the motion and held that Lincoln was a Texas citizen. The Fourth Circuit reversed on the ground that Lincoln failed to show complete diversity of citizenship, because it did not disprove the exsistence of an affiliated Virginia entity that was a real party in interest. +" +TEST_0301,"Glenn Tibble, et al.","Edison International, et al.","Edison International is a holding company for electric utilities and energy interests. Since 1999, Edison International and its related benefits and investment committees (collectively, Edison) have offered retail-class mutual funds as part of its 401(k) employee benefits plan, even though otherwise identical institutional-class funds that charged lower fees were available. Those mutual funds also give a portion of the fees collected back to plan service providers, including Edison's, which thereby reduces Edison's administrative costs. +In 2007, Glenn Tibble and other Edison employees (Employees) sued under the Employee Retirement Income Security Act of 1974 (ERISA), which requires fiduciaries of an employee benefit plan to administer the plan prudently for the exclusive benefit of the participants. The Employees argued that the continued inclusion of the higher-cost funds in the benefit plan was a ""continuing violation"" of ERISA. Edison argued that ERISA's statute of repose, which bars claims filed more than six years after the date of the last action which constituted a part of the violation, prevented Employees' claim. The district court granted summary judgment for Edison and held that there was no ""continuing violation"" theory under ERISA. The court stated that the act of designating an investment for inclusion started the six-year period, and since Edison had not made any misstatements or actively concealed any breach following the initial inclusion, the six-year period had passed. The U.S. Court of Appeals for the Ninth Circuit affirmed. +" +TEST_0302,Choctaw Nation,Oklahoma et al. ,"Through several treaties, the United States granted the Choctaw and Cherokee Nations several million acres of land in what is now Oklahoma. The Cherokee Nation sued the State of Oklahoma and several corporations for leasing gas, oil, and mineral rights to the river beds of the Arkansas River within that land. The Choctaw Nation was allowed to intervene to claim that the riverbeds of Arkansas River within their land grant belonged to them. The district court ruled against the Indian Nations, holding that the land grant did not convey rights to the river beds. The U.S. Court of Appeals for the Tenth Circuit affirmed. +" +TEST_0303,"Leavitt, Governor of Utah",Jane L.,"A Utah district court held that a state statutory provision regulating early-term abortions was unconstitutional. The U.S. Court of Appeals for the Tenth Circuit ruled that a similar provision regulating later-term abortions should be invalidated along with the earlier-term provision. The Tenth Circuit held that the Utah Legislature would only have wanted to regulate later-term abortions if it could also regulate earlier-term abortions, and thus concluded that the provisions were not severable (i.e. separable). Utah governor Michael Leavitt appealed to the Supreme Court, arguing that the Utah Legislature intended the two provisions to be severable. +" +TEST_0304,United States,"Conrad M. Black, John A. Boultbee, and Mark S. Kipnis","Four former executives of Hollinger International were convicted of mail and wire fraud under 18 U.S.C. Section 1346 by an Illinois federal district court. In part, they had paid themselves $5.5 million in fees without the knowledge of the company's audit committee or board of directors. At trial, the jury was instructed that it could find the defendants guilty if it deemed they had schemed to deprive Hollinger and its shareholders ""of their intangible right to the honest services of the corporate officers, directors, or controlling shareholders of Hollinger,"" and if the objective of the scheme was ""private gain."" On appeal, the defendants explained that while their objective was ""private gain,"" the compensation had been crafted in order to avoid paying taxes to the Canadian government. Therefore, they argued that because their ""private gain"" was intended to be purely at the expense of the Canadian government and not the company, their actions did not violate the intent of Section 1346. +The U.S. Court of Appeals for the Seventh Circuit disagreed and affirmed the district court. It held that the deprivation of honest services owed to an employer is not mitigated simply because the inducement was a tax benefit obtained from a third party. The court reasoned that had the defendants disclosed to Hollinger's audit committee and board of directors that the compensation was meant to bring about tax benefits, the committee and board very well may have reduced the pay-out in light of the tax benefits. +" +TEST_0305,"Soler Chrysler-Plymouth, Inc.",Mitsubishi Motors Corporation,"These are two consolidated cases involving claims and counterclaims between the same parties. Soler Chrysler-Plymouth, Inc., a Puerto Rico corporation, entered into distribution and sales agreements with Mitsubishi Motors, a Japanese corporation that manufactures automobiles in Japan. The sales agreement provided for arbitration by the Japanese Commercial Arbitration Association of all disputes arising out of certain articles of the agreement. A dispute did arise from slowing automobile sales. When the dispute could not be resolved, Mitsubishi sued in the U.S. District Court for the District of Puerto Rico seeking an order to compel arbitration. Soler filed counterclaims, including Sherman Act antitrust violations. The district court ordered arbitration of all claims, holding that the international nature of the dispute required enforcement of the arbitration clause. The U.S. Court of Appeals for the First Circuit reversed as to the antitrust claims. +" +TEST_0306,Chevron Oil Company,Huson,"Gaines Ted Huson suffered a back injury while working on a fixed oil rig, owned by Chevron Oil Company, off the coast of Louisiana. More than two years after the injury, Huson sued Chevron for damages in United States District Court, Eastern District of Louisiana, New Orleans Division. Huson alleged that it took several months for him to realize the severity of his injury. The District Court relied on Rodrigue v Aetna Casualty & Surety Co., 395 U.S. 352 (1969), holding that Louisiana's one-year statute of limitations applied instead of the admiralty laches doctrine so Huson's claim was barred. Rodrigue held that state law, not admiralty law, applied in these situations under the Outer Continental Shelf Lands Act. On appeal to the United States Court of Appeals for the Fifth Circuit, Huson argued that because he filed this case before the Rodrigue decision, applying its ruling would have an unfair retrospective effect. The Court of Appeals reversed, holding that the Louisiana statute of limitations was inconsistent with the admiralty laches doctrine and, therefore, was not applicable. +" +TEST_0307,William Freeman,United States,"William Freeman was charged with one count of crack possession, among other charges, and entered a plea agreement that included a sentence of 106 months. After his agreement was accepted by the trial judge and his sentence was entered, the U.S. Sentencing Commission amended the Sentencing Guidelines to reduce the disparity in the treatment of crack and powder cocaine, and made the amendment retroactive. Freeman sought to reduce his sentence accordingly. +But in December 2008, the U.S. District Court for the Western District of Kentucky refused to do so. In November 2009, the U.S. Court of Appeals for the Sixth Circuit affirmed. +" +TEST_0308,Joiner,General Electric Company,"In 1992, Robert Joiner, after being diagnosed with small-cell lung cancer, sued General Electric Co. in Georgia state court, alleging that his disease was promoted by workplace exposure to chemical ""PCBs"" and their derivatives, including polychlorinated dibenzofurans (furans) and polychlorinated dibenzodioxins (dioxins). Ultimately, Joiner provided the District Court with expert witnesses' depositions that testified that PCBs, furans, and dioxins can promote cancer and that this was the likely cause of his cancer. The court granted GE summary judgment, reasoning that there was no genuine issue as to whether Joiner had been exposed to furans and dioxins and that his experts' testimony had failed to show that there was a link between exposure to PCBs and small-cell lung cancer. In reversing, the Court of Appeals held that the District Court erred in excluding the testimony of Joiner's expert witnesses. The appellate court applied a stringent standard of review to reach its conclusion. +" +TEST_0309,California,Robinson,"A jury found defendant guilty under a California statute that criminalized being addicted to narcotics. His conviction was affirmed on appeal. Defendant sought further review from the United States Supreme Court.  +" +TEST_0310,United States,Michael H. Boulware,"Michael H. Boulware founded a coffee and bottled water company known as Hawaiian Isles Enterprises. As his company became profitable in 1987, he began transferring money – a total of $4.5 million – from his company to his mistress. Seven years later, in the midst of a divorce, his mistress refused to return the money when asked, contending that it was a gift. A Hawaii court eventually held that the woman had been holding the money in constructive trust for the company's benefit. Seven years after that, the federal government indicted Boulware for failing to pay taxes on the disputed funds as well as $6 million more that he had received from the company. Boulware argued that under the ""return of capital"" rule, holding that when unprofitable companies distribute money to shareholders, the money is considered a nontaxable return of capital up to the shareholder's basis in the stock, he owed no taxes. The Ninth Circuit rejected that argument. +" +TEST_0311,Stephenson,Dow Chemical Company,"In 1984 Dow Chemical Co. negotiated a settlement in a class action lawsuit filed by Vietnam War veterans who had been exposed to Agent Orange and subsequently developed various injuries and illnesses. The settlement created a fund that would pay those who developed illnesses up until 1994. Daniel Stephenson, a Vietnam veteran, developed cancer in 1998 and could therefore not collect money from the fund. He sued, saying that he was not adequately represented in the original settlement, which made no provision for injuries that developed after 1994. Therefore, he claimed, he had the right to file a suit of his own. The district court ruled for Dow Chemical; the 2nd Circuit Court of Appeals unanimously reversed, ruling for Stephenson. +" +TEST_0312,Melvin T. Smith,Massachusetts,"Melvin T. Smith was tried in for illegal possession of a firearm, among other offenses. During the trial the judge ruled Smith was not guilty because the state failed to introduce direct evidence of the gun's length - therefore not proving the gun Smith possessed met the statutory definition of a firearm. The state later pointed to the state supreme court's ruling that testimony that a gun was a pistol or revolver was sufficient evidence to allow a firearm charge to go to the jury. Because a witness had testified that Smith's gun was a pistol, the judge reversed and sent the possession charge to the jury. +Smith appealed and argued the judge's reversal of the not guilty ruling on the possession charge violated the Fifth Amendment's doubly jeopardy clause, which prohibited successive prosecutions. The state court of appeals rejected Smith's argument and ruled no Fifth Amendment violation occurred because the judge's reversal did not require a second proceeding. +" +TEST_0313,Paul Imbler ,Richard Pachtman,"In 1961, Morris Hasson, a Los Angeles grocery store manager, was shot and killed during a robbery attempt. Paul Imbler was convicted of the murder after three eyewitnesses identified him as the gunman. After the trial, the prosecutor, Deputy District Attorney Richard Pachtman, wrote to the Governor of California and described newly discovered evidence that undermined the testimony of one of the eyewitnesses. In light of the letter, Imbler challenged his incarceration in state court, where his petition was denied, and later in federal court. The federal district court found that Pachtman had knowingly used false testimony during the trial and suppressed evidence favorable to Imbler, so the district court ordered Imbler released from prison. Imbler then filed an action against Pachtman in federal court under Section 1983 of the Civil Rights Act of 1871, which allows a party to recover damages from any person who acts “under color of state law” to deprive another of a constitutional right. The district court held that Pachtman was immune for civil liability for acts done in his capacity as prosecutor and dismissed the complaint. The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal on appeal. +" +TEST_0314,Proffitt,Florida,"Following his Florida conviction for first-degree murder and the imposition of the death penalty, Proffitt challenged the constitutionality of both his death sentence, alleging it was a ""cruel and unusual"" punishment, and Florida's capital-sentencing procedure, alleging is was arbitrary and capricious insofar as it permitted judges rather than juries to act as sole sentencing authorities. +This case is one of the five ""Death Penalty Cases"" along with Gregg v. Georgia , Jurek v. Texas , Roberts v. Louisiana , and Woodson v. North Carolina . +" +TEST_0315,Lunding,New York Tax Appeals Tribunal,"New York Tax Law section 631(b)(6) denies only nonresident taxpayers a state income tax deduction for alimony paid. In 1990, Christopher Lunding and his wife, residents of Connecticut, were required to pay higher taxes on their New York income when the State denied their attempted deduction of a pro rata portion of the alimony Lunding paid a previous spouse. Lunding commenced suit, asserting that section 631(b)(6) discriminates against New York nonresidents in violation of the Privileges and Immunities, Equal Protection, and Commerce Clauses of the Federal Constitution. Ultimately, the New York Court of Appeals held that section 631(b)(6) was adequately justified because New York residents who are subject to taxation on all of their income regardless of source should be entitled to the benefit of full deduction of expenses, while personal expenses of a nonresident taxpayer are more appropriately allocated to the State of residence. +" +TEST_0316,"Gladys Pulliam, Magistrate for the County of Culpeper, Virginia",Richmond Allen and Jesse Nicholson,"In January 1980, Richmond Allen was arrested for allegedly using abusive and insulting language, which is a Class 3 misdemeanor with a maximum penalty of $500. Gladys Pulliam, the state magistrate for Culpeper County, Virginia set bail at $250 and, when Allen was unable to make bail, Pulliam committed him to the Culpeper County Jail for 14 days. Allen was tried, found guilty, fined, and released. The trial judge reopened his case and reversed the judgment. Allen sued Pulliam in district court and sought declaratory and injunctive relief for incarcerating him while waiting for trial on non-jailable offenses. +Jesse Nicholson was arrested four times in a two-month period for public intoxication, a Class 4 misdemeanor for which the maximum penalty is a $100 fine. Like Allen, Nicholson was incarcerated for failure to make bail, and he intervened in Allen’s suit as a party plaintiff. +This district court held that Pulliam’s practice of incarcerating persons for not making bail on non-jailable offenses violated their rights to due process and equal protection. The district court enjoined the practice and found Allen and Nicholson entitled to costs, including attorneys’ fees. Pulliam appealed the finding regarding costs and argued that, as a judicial officer, she was granted judicial immunity. The U.S. Court of Appeals for the Fourth Circuit rejected the judicial immunity argument and affirmed the district court’s decision. +" +TEST_0317,Baldwin,Fish and Game Commission of Montana,"In its licensing system for elk-hunters, the state of Montana required nonresidents to pay a substantially higher fee than residents for a hunting permit. +" +TEST_0318,Nationalist Movement,Forsyth County,"The Board of Commissioners for Forsyth County enacted an ordinance that permitted the county administrator to charge a fee of not more than $1,000 per day for a permit to hold a parade, assembly, or demonstration on public property in the county. The law allowed the administrator to adjust the fee to correspond with the estimated cost of maintaining public order during the activity. In January 1989, The Nationalist Movement (Movement) applied for a permit to hold a rally on the courthouse steps in Cumming, Georgia, to protest the federal holiday honoring Martin Luther King, Jr. The county charged $100 for the permit, but that amount that did not include a calculation for expected law enforcement expenses during the rally. The Movement did not pay the fee and did not hold the rally; instead the Movement sued the county in federal district court and challenged its authority to interfere with the Movement’s free speech and assembly rights. The district court found that the county administrator did not unconstitutionally apply the ordinance to the Movement’s permit application because the fee was based solely on content-neutral criteria such as the costs of processing the application. The U.S. Court of Appeals for the Eleventh Circuit reversed and held that the permit fee of up to $1,000 a day exceeded the constitutional requirement that governments charge only a nominal fee for using public forums. +" +TEST_0319,Edwards,United States,"At Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell's trial for ""conspiring"" to ""possess with intent to...distribute [mixtures containing two] controlled substances,"" the jury was instructed that the Government must prove that the conspiracy involved measurable amounts of ""cocaine or cocaine base (crack)."" After the jury returned guilty verdicts, the District Judge imposed sentences based on his finding that each petitioners' illegal conduct involved both cocaine and crack. On appeal, the petitioners argued that their sentences were unlawful insofar as they were based upon crack, because the word ""or"" in the jury instruction meant that the judge must assume that the conspiracy involved only cocaine. The United States Sentencing Guidelines treats cocaine more leniently than crack. The Court of Appeals concluded that the Guidelines require the sentencing judge, not the jury, to determine both the kind and the amount of the drugs at issue in a drug conspiracy. +" +TEST_0320,State of Illinois,Ventura E. Ybarra,"On March 1, 1976, an Illinois Circuit Court judge authorized a warrant to search the premises of the Aurora Tap Tavern and the person of the bartender Greg for heroin and other drug paraphernalia, based on information the Illinois Bureau of Investigation obtained from an informant. When officers arrived to conduct the search, they also conducted a cursory pat down for weapons on all of the patrons in the bar, pursuant to an Illinois state statute that allows officers to search persons on the premises during the execution of a valid search warrant. During the pat down, an officer found and retrieved a cigarette pouch from the pocket of one of the patrons, Ventura Ybarra, that contained tin foil packets of a substance later confirmed to be heroin. +Ybarra was subsequently indicted for possession of a controlled substance. He filed a pretrial motion to suppress the evidence of the contraband that had been seized from his person during the search at the bar. The trial court denied the motion. Ybarra was found guilty. On appeal, the Illinois Court of Appeals upheld the constitutionality of the statute as it applied to the facts of this case because it was obvious that there was a connection between Ybarra and the premises being searched. The Illinois Supreme Court denied Ybarra’s petition for appeal. +" +TEST_0321,Texas,Gregory Lee Johnson,"In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court. +" +TEST_0322,Weisman,Lee,"In keeping with the practice of several other public middle and high school principals in Providence, Rhode Island, Robert E. Lee, a middle school principal, invited a rabbi to speak at his school's graduation ceremony. Daniel Weisman's daughter, Deborah, was among the graduates. Hoping to stop the rabbi from speaking at his daughter's graduation, Weisman sought a temporary restaining order in District Court - but was denied. After the ceremony, where prayers were recited, Weisman filed for a permanent injunction barring Lee and other Providence public school officials from inviting clergy to deliver invocations and benedictions at their schools' ceremonies. When the Court of Appeals affirmed a District Court ruling against the schools, Lee appealed to the Supreme Court and was granted certiorari. +" +TEST_0323,"Life Technologies Corp., et al.",Promega Corp.,"Promega Corporation owned four patents and was the exclusive licensee of another one for technology used in kits that can conduct genetic testing. The kits are usually used for the purposes of identifying forensic or paternity matches. In 2010, Promega sued Life Technologies Corporation (LifeTech) for infringing on the patents in question, and LifeTech filed counterclaims that argued that the asserted claims of the patents were invalid. The district court determined that LifeTech had directly infringed on the patents and the case proceeded to damages. During the damages phase, there was a dispute about whether or not Promega had met its burden to prove that it was eligible for damages based on its worldwide sales. The jury determined that Promega was eligible for the worldwide damages, but the district court granted LifeTech’s motion to vacate the judgment because it determined that, as a matter of law, Promega had failed to present sufficient evidence to sustain that jury verdict. The U.S. Court of Appeals for the Federal Circuit reversed and determined that there was substantial evidence that LifeTech was liable for worldwide damages. +" +TEST_0324,Patrick Day,"James R. McDonough, Interim Secretary, Florida Department of Corrections","Patrick Day was convicted of murder in state court. After a long delay, he filed a petition for federal review, arguing that his counsel was inadequate. Under the Antiterrorism and Effective Death Penalty Act, federal habeas corpus petitions must be filed within a one-year time limit. Day's petition was late, but the state of Florida failed to notice the untimeliness of the petition and instead addressed only the merits of Day's argument. Later a Federal Magistrate Judge did notice Day's failure to meet the deadline, and recommended to the District Court that the petition be dismissed. Day argued that by responding to the petition without disputing the timeliness, the state had forfeited the statute-of-limitations defense. The District Court disagreed and dismissed the petition. Day appealed to the Eleventh Circuit Court of Appeals, claiming that the District Court had acted unfairly when it ruled against him based on an argument that the state had not made. The Circuit Court rejected Day's argument and affirmed the District Court, ruling that the state's erroneous concession of the timeliness of the petition did not prevent the court from dismissing it. +" +TEST_0325,Richard N. McCarty,"Harry J. Berkemer, Sheriff of Franklin County, Ohio","On March 31, 1980, Ohio State Highway Patrol Trooper C.J. Williams observed Richard McCarty’s vehicle weaving back and forth on Interstate Highway 270. He followed the car, pulled McCarty over, and asked him to exit the vehicle. Williams noticed that McCarty had trouble standing, and thus determined that he would charge McCarty with a traffic offense and that McCarty was no longer free to leave the scene. McCarty failed a balancing test. +Williams then asked McCarty whether he had been using intoxicants, and McCarty responded that he had consumed two beers and smoked several joints of marijuana a short time before. Williams placed McCarty under arrest. At the county jail, however, a breathalyzer test did not detect any alcohol in McCarty’s system. Williams resumed questioning McCarty, asking him if he was under the influence of alcohol and whether the marijuana had been treated with any chemicals. Williams responded, “I guess, barely,” to the first question, but denied that the marijuana he smoked had been treated. At no point did Williams or any other officer tell McCarty that he had a right to remain silent, to consult with an attorney, or to have an attorney appointed for him if he could not afford one. +McCarty was charged with operating a motor vehicle under the influence of alcohol and/or drugs, a first-degree misdemeanor under Ohio law punishable by fine or imprisonment for up to six months. McCarty moved to exclude the incriminating statements he made to Trooper Williams both on the scene of the arrest and in jail, on the grounds that he had not been informed of his constitutional rights prior to interrogation. The trial court denied the motion; McCarty pled ‘no contest’ and was found guilty. On appeal, the Franklin County Court of Appeals held that the Miranda rule does not apply to misdemeanors, relying on a prior decision by the Supreme Court of Ohio. The Supreme Court of Ohio dismissed McCarty’s appeal for failing to present a substantial constitutional question. The District Court for the Southern District of Ohio dismissed McCarty’s writ of habeas corpus, but the United States Court of Appeals Sixth Circuit reversed. It held that Miranda warnings must be given to all individuals accused of misdemeanor traffic offenses prior to custodial interrogation, but did not clearly apply this rule to McCarty’s statements made at the scene of his arrest. +" +TEST_0326,Reed,New Mexico ex rel. Ortiz,"The Extradition Act implements the Constitution's extradition clause and provides for the extradition from one state of a fugitive from justice when a demand for the fugitive's extradition is made by another state. Manuel Ortiz, a parolee from the Ohio correctional system, fled to New Mexico after Ohio prison officials told him that they planned to revoke his parole status. The governor of New Mexico issued a warrant directing Ortiz's return upon Ohio's demand. Ortiz then sought habeas corpus relief in New Mexico. Ultimately, the Supreme Court of New Mexico affirmed a grant of habeas corpus relief. The court expressed the view that Ortiz was a refugee from injustice and that the New Mexico constitution, which guarantees the right of seeking and obtaining safety, prevailed over the state's duty under the extradition clause. +" +TEST_0327,"Otto J. Kerner, former Governor of Illinois",Francis Haines,"Francis Haines was placed in solitary confinement for 15 days because he hit another inmate over the head with a shovel during a confrontation. Haines was 66 years old and suffered from a foot disability. He claimed his foot disability worsened due to being kept in solitary confinement, where he had to sleep on the floor with only blankets for support. Haines sued the State of Illinois and argued that the conditions of his solitary confinement violated the Due Process Clause of the Fourteenth Amendment and the Eighth Amendment’s prohibition against cruel and unusual punishment. The State of Illinois moved to dismiss the case on the grounds that Haines failed to state a cause of action. The district court granted the dismissal, and stated that courts can only intercede with the internal operations of state prisons under exceptional circumstances. The district court also found that Haines had failed to show that he had been deprived of his constitutional rights. The U.S. Court of Appeals for the Seventh Circuit upheld the dismissal and determined that state penitentiaries were entitled to their own discretion when punishing inmates. +" +TEST_0328,Coy,Iowa,"John Coy was tried in an Iowa court for sexually assaulting two 13-year-old girls. When the girls were testifying against Coy, the court placed a large screen in front of him so that the girls would not have to see him. The jury proceeded to convict him. Coy argued that Iowa Code 910A, which provides for the use of a screen in child sexual abuse cases, violated his Sixth Amendment right to confront his accusers face-to-face. He also claimed that the code violated his right to due process, since having a screen placed between him and the girls made him appear guilty before he was properly tried. The trial court dismissed these claims and the Iowa Supreme Court affirmed. +" +TEST_0329,David Bobby,Archie Dixon,"On September 22nd, 1993, Archie Dixon and Timothy Hoffner arrived at the Toledo home of Kirsten Wilkerson. Christopher Hammer was staying at Wilkerson's house. Upon arriving at Wilkerson's house, Dixon and Hoffner beat up Hammer, tied him to a bed, and robbed him. After restraining Hammer, Dixon and Hoffner proceeded to kill Hammer by burying him alive. +After burying Hammer alive, Dixon used Hammer's birth certificate and social security card to obtain a state identification card in Hammer's name. He used the new ID to obtain a duplicate auto title to Hammer's car. He then sold Hammer's car to a dealer for $2,800. +On November 4th, a police detective spoke with Dixon at a local police station in a chance encounter. The detective issued Miranda warnings to Dixon and asked to talk to him about Hammers disappearance; Dixon declined to discuss the disappearance. In the course of the investigation into Hammer's disappearance, the police discovered that Dixon had sold Hammer's car and forged Hammer's signature when cashing the check he received in the sale. On November 9th, the police detained Dixon and charged him with forgery. +The police questioned Dixon without reading him his Miranda rights. The focus of the questioning was Hammer's disappearance and not Dixon's alleged act of forgery. Dixon asserted his right to have an attorney present, but the police continued to question Dixon without an attorney. Dixon admitted to the auto title forgery but said that he had no knowledge of Hammer's disappearance. Later that day, Hoffner led the police to Hammer's body. The police interviewed Dixon again. They did not inform Dixon of his Miranda rights until the second session because they feared Dixon would request counsel. Dixon confessed to the kidnapping, robbery, and murder. +At trial, Dixon was convicted and sentenced to death for murder, robbery and kidnapping. The Appellate Court and the Supreme Court of Ohio affirmed the conviction. Dixon appealed to the Court of Appeals of the Sixth Circuit, and Judge Gilbert Merritt, writing for the majority, held that the police should have terminated the forgery interrogation when Dixon requested counsel. The court also held that the police's planned refusal to read Dixon his Miranda rights during the first session of his interrogation for murder was unconstitutional. It further held that Dixon's were not ""voluntary"". +" +TEST_0330,"Susette Kelo, et al.","City of New London, Connecticut, et al.","New London, a city in Connecticut, used its eminent domain authority to seize private property to sell to private developers. The city said developing the land would create jobs and increase tax revenues. Susette Kelo and others whose property was seized sued New London in state court. The property owners argued the city violated the Fifth Amendment's takings clause, which guaranteed the government will not take private property for public use without just compensation. Specifically, the property owners argued taking private property to sell to private developers was not public use. The Connecticut Supreme Court ruled for New London. +" +TEST_0331,"Ernest John Dobbert, Jr.",Florida,"In the spring of 1972, Ernest Dobbert’s son was found wandering outside a Holiday Inn in Jacksonville, Florida, with apparent signs of a beating. He told a circuit court judge that his injuries were the result of beatings from his father, that his brother and one of his sisters had been killed by his father, and that his other sister was kept locked in a closet at home. The judge issued a warrant for Dobbert’s arrest, and Dobbert fled Jacksonville. In October 1973, Dobbert was arrested in Texas and extradited to Florida for trial. The Florida death penalty law in place when the children were killed, which gave the jury ultimate authority in deciding to impose the penalty, was found unconstitutional before Dobbert’s trial. It was replaced by a new law where the jury gave an advisory recommendation, but the judge made the ultimate decision. +Before his trial, Dobbert applied to the Supreme Court of Florida for a constitutional stay of trial, arguing that applying the new death penalty law violated the ex post facto and equal protection clauses of the Constitution. His application was denied. Dobbert also moved for a change of venue from Duval County based on the publicity his trial was receiving. The trial judge took the motion under advisement and later denied it. Dobbert was convicted of the first-degree murder of his daughter, second-degree murder of his son, and the torture and abuse of his two other children. At his sentencing hearing, the jury recommended life imprisonment, but the trial judge, acting under the authority granted to him by the Florida statute governing the death penalty, overruled the jury and sentenced Dobbert to death. The Supreme Court of Florida affirmed. +" +TEST_0332,Patrice Seibert,Missouri,"Patrice Seibert was convicted of second degree murder for the death of 17 -year-old Donald Rector, who died in a fire set in the mobile home where he lived with Seibert. Several days after the fire, Seibert was interrogated by a police officer. The officer initially withheld her Miranda warnings, hoping to get a confession from her first. Once she had confessed, the officer took a short break from questioning, then read her her Miranda rights and resumed questioning her after she waived those rights. He prompted her to restate the confession that she had made earlier. Based on this second, Mirandized confession, Seibert was convicted. +She appealed, charging that the officer's intentional use of an un-Mirandized interrogation to get the initial confession made the later confession, though it occurred after she had waived her Miranda rights, inadmissable. The prosecution cited Oregon v. Elstad to argue that an initial, un-Mirandized confession did not make a defendant incapable of voluntarily waiving her Miranda rights and confessing later. +The Supreme Court of Missouri agreed with Seibert, overturning the conviction. +" +TEST_0333,Roy R. Torcaso,"Clayton K. Watkins, Clerk of the Circuit Court for Montgomery County, Maryland","Roy R. Torcaso was appointed to the office of Notary Public by the Governor of Maryland, but he could not receive his commission to serve because he would not declare his belief in God as the Maryland Constitution required. He sued for his commission in the Maryland Circuit Court on the grounds that the requirement violated his First and Fourteenth Amendment rights. The circuit court rejected his claims and the Court of Appeals of the State of Maryland affirmed. +" +TEST_0334,"Aurelius Investment, LLC, et al.",Financial Oversight and Management Board for Puerto Rico,"Since it was ceded to the United States in 1898, Puerto Rico has accumulated substantial debt, in large part due to its ambiguous legal status as a protectorate of the United States and the economically detrimental policies the United States has enacted over the decades. Exacerbated by a series of governmental financial deficits and a recession, Puerto Rico’s debt crisis came to a head in 2015, when its governor announced that the Commonwealth was in a “death spiral” and was unable to pay its debt. In June 2016, President Barack Obama signed into law the Puerto Rico Oversight, Management and Economic Stability Act of 2016 (PROMESA), which gave him authority to appoint a seven-member Financial Oversight and Management Board that would have control over Puerto Rico’s budget and would negotiate the restructuring of its $125 billion indebtedness. President Obama appointed the seven-member board in August 2016 based on lists supplied by Republic and Democratic lawmakers. +A number of creditors and elected officials of Puerto Rico have been dissatisfied with the board and its decisions and brought a lawsuit challenging President Obama’s authority to appoint the board members. The challengers alleged that the Appointments Clause of the U.S. Constitution requires that the Senate confirm high-level federal officers and that the board members were within the scope of this Clause. The federal district court in Puerto Rico ruled against the creditors, finding the board is an instrumentality of the Commonwealth government established pursuant to Congress’s plenary powers under the Territorial Clause and that the board members are not “Officers of the United States.” +The U.S. Court of Appeals for the First Circuit reversed, concluding that the Territorial Clause does not supersede the application of the Appointments Clause in an unincorporated territory and that the board members are “Officers of the United States” because: (1) they occupy “continuing positions,” (2) exercise “significant authority” that is the same or more than that exercised by other officers the U.S. Supreme Court has found to be “Officers of the United States,” and (3) exercise their authority “pursuant to the laws of the United States.” Moreover, these officers are “principal” officers subject to the Appointments Clause because they are answerable to and removable only by the President and are not directed or supervised by others who were appointed by the President with Senate confirmation. +" +TEST_0335,"Fawzi Khalid Abdullah Fahad Al Odah, et al.","George W. Bush, President of the United States, et al.","Two Australians and 12 Kuwaitis were captured by the American military in Pakistan or Afghanistan during the United States' War on Terror. The captives were transported to the American military base in Guantanamo Bay, Cuba. When their families learned of the arrests, they filed suit in federal district court seeking a writ of habeas corpus that would declare the detention unconstitutional. They claimed that the government's decision to deny the men access to attorneys and to hold them indefinitely without access to a court violated the Fifth Amendment's Due Process Clause. The government countered that the federal courts had no jurisdiction to hear the case because the prisoners were not American citizens and were being held in territory over which the United States did not have sovereignty (the Guantanamo Bay base was leased from Cuba indefinitely in 1903, and Cuba retains ""ultimate sovereignty""). +The district court agreed with the government, dismissing the case because it found that it did not have jurisdiction. The US Court of Appeals for the District of Columbia affirmed the district court's decision. +" +TEST_0336,Neighborhood Housing Services of Chicago,Charmaine Hamer,"Charmaine Hamer, a former intake specialist for the Housing Services of Chicago (NHS) and Fannie Mae’s Mortgage Help Center, filed suit against her former employers, alleging violations of the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. The district court granted summary judgment in favor of Fannie Mae and NHS on September 14, 2015. +Under Federal Rule of Appellate Procedure 4(a)(1)(A) and 28 U.S.C. Section 2107(a), Hamer had until October 14, 2015 to appeal the judgment. On October 8, 2015, her attorney filed a motion to extend the appeal deadline to December 14, 2015, which the district court granted. Hamer filed her appeal on December 11, 2015. +In a brief requested by the appellate court, Fannie Mae and NHS argued that Hamer’s appeal was untimely under Rule 4(a)(5)(C) and thus that the appellate court lacked jurisdiction over the appeal. That rule states that “[n]o extension under this Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the date when the order granting the motion is entered, whichever is later.” Hamer argued that the rule is at odds with 28 U.S.C. Section 2107(a), which provides that “the district court may, upon motion filed not later than 30 days after the expiration of the time otherwise set for bringing appeal, extend the time for appeal upon a showing of excusable neglect or good cause.” The appellate court found Hamer’s argument unpersuasive and dismissed her appeal for lack of jurisdiction. +" +TEST_0337,Tennessee Gas Transmission Company,Federal Power Commission,"In 1959, Tennessee Gas Transmission Company filed a 7% proposed rate increase across all six of its zones with the Federal Power Commission. The rate increase was based on the expected cost of service and rate of return. The Commission imposed a five-month suspension period while hearings were conducted to determine whether the rate increase was reasonable. At the end of five months, the new rates would be applied, but they were subject to refund if the hearings found a reasonable rate lower than 7%. On August 9, 1960, the Commission found that only a 6 1/8% increase was reasonable and that Tennessee Gas must provide refunds.  +Tennessee Gas challenged the ruling by arguing that requiring a refund prior to a final determination of cost made the company unable to recoup its 6 1/8%. Because Tennessee Gas spreads its rates differently across the different zones, there are certain zones in which the refund would be greater than the value of the new rate. The United States Court of Appeals for the Fifth Circuit found in favor of Tennessee Gas. +" +TEST_0338,"Michael B. Whiting, et al.","Chamber of Commerce of the United States, et al.","Various business and civil-rights organizations challenged the enforceability of The Legal Arizona Worker's Act (""LAWA"") in an Arizona federal district court. They argued that federal law preempted LAWA, which requires Arizona employers to use the federal E-Verify employment verification system and revokes business licenses of those who hire unauthorized workers. The district court upheld the statute. +On appeal the U.S. Court of Appeals for the Ninth Circuit affirmed, holding that LAWA was not preempted explicitly or impliedly by the federal Immigration Reform and Control Act (""IRCA""). The court reasoned that IRCA although IRCA expressly preempts all state and local laws imposing sanctions for hiring or recruiting unauthorized aliens, it excepts licensing laws – like LAWA – from preemptive reach. The court also reasoned that mandating the use of E-Verify is not impliedly preempted by IRCA because Congress could have, but did not, expressly forbid states form requiring E-Verify participation. +" +TEST_0339,James O'Hear Sanders,James H. Gray et al.,"Since the beginning of the 20th century, the State of Georgia used a county unit system for counting votes in primary elections. Under this system, the candidate who received the highest number of votes in a county would receive all of that county's unit votes. The overall winning candidate would then have to receive a majority of the county unit votes statewide. This system ended up giving rural counties a majority of the unit votes, even though rural counties made up only about a third of the population as of the 1960s. +In 1962, James O'Hear Sanders, a voter in Georgia's most populous county, brought suit against several representatives of the Georgia State Democratic Executive Committee and the Secretary of State of Georgia. Sanders claimed that the county unit system violated the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment and the Seventeenth Amendment. As a voter within one of the urban counties, Sanders claimed his vote had less of an influence on the nomination of candidates than that of a rural voter. A special three-judge panel of the United States District Court for the Northern District of Georgia agreed with Sanders and held that the county unit system violated the Equal Protection Clause. However, the district court did not outlaw the county unit system entirely. The State appealed directly to the Supreme Court of the United States. +" +TEST_0340,Dunn,Blumstein,"A Tennessee law required a one-year residence in the state and a three-month residence in the county as a precondition for voting. James Blumstein, a university professor who had recently moved to Tennessee, challenged the law by filing suit against Governor Winfield Dunn and other local officials in federal district court. +" +TEST_0341,Angelone,Weeks,"Lonnie Weeks, Jr., was found guilty of capital murder in the death of Virginia State Trooper Jose Cavazos. During the penalty phase of his trial, the prosecution sought to prove two aggravating circumstances. Weeks' defense presented 10 witnesses in mitigation. During deliberations, the jurors sent the trial judge a note asking whether, if they believed Weeks guilty of at least one of the aggravating circumstances, it was their duty to issue the death penalty, or whether they must decide whether to issue the death penalty or a life sentence. In responding, the trial judge only referred the jury to their instructions, which stated: ""If you find from the evidence that the Commonwealth has proved, beyond a reasonable doubt, either of the two [aggravating circumstances], and as to that alternative, you are unanimous, then you may fix the punishment...at death, or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment...at life imprisonment."" The defense counsel objected, arguing for the judge to instruct the jury it could find one or both of the aggravating circumstances and still impose a life sentence. In finding one of the aggravating circumstances and after considering the evidence in mitigation, the jury returned a unanimous verdict fixing Weeks' punishment at death. On appeal to the Virginia Supreme Court, Weeks' presented 47 assignments of error, of which his assignment of error respecting the judge's answering the jury's question about mitigating circumstances was number 44. The court affirmed Weeks' conviction and sentence. Weeks' petition for federal habeas relief was ultimately denied. +" +TEST_0342,"Leegin Creative Leather Products, Inc.","PSKS, Inc., dba Kay's Kloset . . . Kay's Shoes","Leegin Creative Leather Products, a manufacturer of women's accessories, entered into vertical minimum price agreements with its retailers. The agreements required the retailers to charge no less than certain minimum prices for Leegin products. According to Leegin, the price minimums were intended to encourage competition among retailers in customer service and product promotion. When one retailer, PSKS, discounted Leegin products below the minimum, Leegin dropped the retailer. PSKS sued, arguing that Leegin was violating Section 1 of the Sherman Act by engaging in anticompetitive price fixing. Under the Supreme Court's 1911 decision in Dr. Miles Medical Co. v. John D. Park & Sons Co., mandatory minimum price agreements are per se illegal under the Act - that is, they are automatically illegal regardless of the circumstances. +Leegin argued that this rule was based on outdated economics. It contended that a better legal analysis would be the ""rule of reason,"" under which price minimums would be held illegal only in cases where they could be shown to be anticompetitive. Both the District Court and U.S. Court of Appeals for the Fifth Circuit rejected these arguments. The courts felt compelled to follow the Supreme Court's rule in the Dr. Miles case, under which Leegin's practices were illegal regardless of the economic arguments put forward by the company. +" +TEST_0343,Charles Murphy,"Robert Smith, et al.","Charles Murphy was an inmate in the Vandalia Correctional Center in Illinois. In July 2011, correctional officers hit Murphy, fracturing his eye socket, and did not provide him proper medical attention. Murphy sued under 42 U.S.C. § 1983 and state law theories. A jury returned a verdict in his favor and awarded him damages for some of his claims under state law, and the district court awarded him attorney fees under 42 U.S.C. § 1988. Two of the defendants appealed the judgment, arguing that the Illinois doctrine of sovereign immunity bars the state-law claims and that the Prison Litigation Reform Act requires that 25 percent of the damages awarded be used to pay the attorney fee award. +The Seventh Circuit affirmed the district court's holding that the state officials or employees are not entitled to sovereign immunity against state-law claims where the officials or employees violated statutory or constitutional law, which violations Murphy alleged and proved. The Seventh Circuit reversed on the attorney fee award, however, finding that the 42 U.S.C. § 1997e(d) requires that the attorney fee award must first be satisfied from up to 25 percent of the damage award and that the district court does not have discretion to reduce that maximum percentage. +" +TEST_0344,Clyde Timothy Bunkley,Florida,"In 1989, Clyde Timothy Bunkley was convicted of burglary in the first degree because he was armed with a “dangerous weapon” at the time of the burglary. The “dangerous weapon” was a pocketknife with a 2.5-3 inch blade. In 1997, the state court interpreted the “common pocketknife” exception to the definition of “weapon” as a blade of 3.75 inches or shorter. Bunkley filed a motion for state post-conviction relief based on the state court’s 1997 decision and argued that his pocketknife could not have been considered a “weapon.” The trial court rejected the defendant’s motion for relief, and the Court of Appeals affirmed. The Florida Supreme Court also affirmed and found the “common pocketknife” exception did not apply retroactively because the 1997 decision was merely an “evolutionary refinement,” not a “major constitutional change,” and therefore did not apply retroactively. +" +TEST_0345,Arizona,Isaac Evans,"In January 1991, Phoenix police officer Bryan Sargent observed Isaac Evans driving the wrong way on a one-way street. Sargent directed Evans to pull over and asked to see his license. Evans informed Sargent that his license was suspended, and upon running the license, Sargent found that there was also an outstanding warrant for Evans’ arrest. During the arrest, Evans dropped a hand-rolled cigarette that smelled of marijuana, so officers searched his car and discovered a bag of marijuana. When Evans was charged with possession of marijuana, the police were informed that his arrest warrant had been quashed and only remained on the record due to a clerical error. Evans moved to exclude the marijuana evidence because it was discovered during the course of an illegal arrest. The trial court granted the motion. +The Arizona Court of Appeals reversed and held that the exclusionary rule was not intended to deter government employees who were not directly associated with the arrest. The Arizona Supreme Court reversed and held there was no meaningful distinction between clerical errors committed by law enforcement personnel and those committed by court employees. +" +TEST_0346,"Terry L. Stewart, Director, Arizona Department of Corrections",Robert Douglas Smith,"Robert Smith was convicted of first-degree murder and sentenced to death. Smith filed a series of petitions for state postconviction relief, alleging that his trial and appellate counsel were ineffective. The Superior Court denied Smith's claims, finding them waived under Arizona Rule 32.2(a)(3) because he failed to raise them in his previous Rule 32 petitions. The court rejected Smith's argument that his failure to raise these claims was also due to ineffective assistance because his prior appellate and Rule 32 counsel, who are members of the Arizona Public Defender's office, refused to file ineffective assistance of counsel claims because his trial counsel was also a member of the Public Defender's office. The Federal District Court held that Smith's claim was barred by the lower court's procedural ruling. In reversing, the Court of Appeals held that the state procedural default was not independent of federal law and thus did not bar federal review of the merits of Smith's claim. The appellate court reasoned that Arizona Rule 32.2(a)(3) applies a different standard for waiver depending on whether the claim asserted in a Rule 32 petition was of sufficient constitutional magnitude and that determination whether a claim is of sufficient magnitude required consideration of the merits of the claim.  +" +TEST_0347,"Allina Health Services, et al.","Alex M. Azar, II, Secretary of Health and Human Services","The U.S. Department of Health and Human Services (HHS) administers the Medicare program, which provides health insurance to Americans 65 and older. Patients may obtain coverage under different “parts” of Medicare, two of which are at issue in this case. When patients enrolled in Medicare Part A receive healthcare, the government makes direct payments to hospitals for the services provided. Patients enrolled in Medicare Part C receive a government subsidy to enroll in a private insurance plan. Importantly, patients enrolled in Part A tend to have lower incomes than those enrolled in Part C. +HHS contracts with “fiscal intermediaries” to reimburse healthcare service providers for services rendered to Medicare Part A patients. These intermediaries make an initial payment based on an estimate of the cost of services provided and are later adjusted based on actual cost reports. +The Medicare Act authorizes reimbursement adjustments to increase payments to hospitals that treat a disproportionately high number of low-income patients. The rate of adjustment is calculated in part based on the number of “patient days” for patients “entitled to benefits under part A” of Medicare. In 2012, HHS sought to interpret this phrase as including patient days for patients entitled to benefits under Part C of Medicare as well. Including Part C days in the adjustment calculus would result in lower reimbursement rates, which translates into hundreds of millions of dollars. +The plaintiff hospitals challenged the rate adjustment in the Provider Reimbursement Review Board, as required by statute. The Board concluded that it lacked authority to resolve the issue, which triggered expedited review before the federal district court. The district court granted summary judgment to HHS, finding that the rate adjustment was an “interpretive rule” under the Administrative Procedure Act (APA) and thus was exempt from the APA’s notice-and-comment requirement for new rules. The hospitals appealed, and the U.S. Court of Appeals for the D.C. Circuit reversed, finding that the adjustment was not merely an “interpretive rule” and that HHS violated the Medicare Act by promulgating the rule without providing notice and the opportunity for comment. +" +TEST_0348,"Timothy J. Bauer, et al.",Mary Anne Sause,"Mary Ann Sause, representing herself, filed a lawsuit under 42 U.S.C. § 1983 against members of the Louisburg, Kansas, police department, as well as the current and former mayor of the town. In her complaint she alleges that two police officers visited her apartment in response to a noise complaint, entered her apartment without consent, and “then proceeded to engage in a course of strange and abusive conduct.” She further alleges that at one point she “knelt and began to pray but one of the officers ordered her to stop.” Sause claims that the officers’ conduct violated her First Amendment right to the free exercise of religion and her Fourth Amendment right to be free of unreasonable searches and seizures. The defendants moved to dismiss Sause’s claim for failure to state a claim, asserting that they were entitled to qualified immunity. The district court granted the motion and dismissed the complaint. On appeal, Sause—now with counsel—argued only that her free exercise rights were violated by the officers’ conduct (dropping her Fourth Amendment claims). The Tenth Circuit affirmed the district court’s dismissal of the action, concluding that the officers were entitled to qualified immunity. +" +TEST_0349,Merck Sharp & Dohme Corp.,"Doris Albrecht, et al.","Beginning in 2010, hundreds of plaintiffs around the country filed personal injury lawsuits against drug manufacturer Merck Sharp & Dohme (“Merck”), claiming that the osteoporosis drug Fosamax had caused them to suffer severe thigh bone fractures. Under state tort law, each plaintiff alleged, among other things, that Merck’s Food and Drug Administration (FDA)-approved drug label failed to include an adequate warning regarding the risk of femur fractures. +In 2011 the cases were consolidated as a multi-district litigation action in the U.S. District Court for the District of New Jersey. The cases subsequently grew to include over 1,000 plaintiffs. After discovery and a bellwether trial, the district court ruled in favor of Merck on a summary judgment motion, dismissing all of the plaintiffs’ claims on the basis that they were preempted by federal law under Wyeth v. Levine, 555 U.S. 555 (2009), which held that state-law failure-to-warn claims are preempted in the event that there is “clear evidence” that the FDA would not have approved the warning that a plaintiff claims was necessary. +The U.S. Court of Appeals for the Third Circuit vacated and remanded the district court’s ruling, holding that preemption was an affirmative defense, and that Merck had not sufficiently proven that it was entitled to that defense as a matter of law. Under Wyeth’s demanding “clear evidence” standard, the appellate court found that the plaintiffs had produced adequate evidence for a reasonable jury to find that the FDA would have approved an appropriately worded warning about the risk of femur fractures, or at least that the chances of FDA rejection were not highly probable. Pursuant to Wyeth and Federal Rule of Civil Procedure 56, this showing was sufficient to defeat summary judgment and move forward to trial. +" +TEST_0350,Reeves,Hopkins,"Randolph K. Reeves was charged with two counts of felony murder for the sexual assault and murder of Janet Mesner and Victoria Lamm, both of Lincoln, Nebraska. Under Nebraska law, felony murder is a form of first-degree murder committed in the perpetration of certain felonies, including sexual assault. A conviction for felony murder renders a defendant eligible for the death penalty; however the jury does not charge the defendant because capital sentencing is a judicial function. In his trial Reeves requested the jury be given other options rather than just felony murder. The trial court judge denied Reeves's motion and he was subsequently convicted on both counts. A three-judge panel sentenced Reeves to death. The Nebraska Supreme Court affirmed his convictions and sentences. After exhausting his state remedies, Reeves filed a federal habeas corpus petition that the trial court's failure to give the requested instructions was unconstitutional. The District Court granted relief on an unrelated due process claim. The Court of Appeals rejected the lower court's decision, but held that a constitutional error had occurred. +" +TEST_0351,Joelis Jardines,State of Florida,"On November 3, 2006, the Miami-Dade Police Department received an unverified ""crime stoppers"" tip that the home of Joelis Jardines was being used to grow marijuana. On December 6, 2006, two detectives, along with a trained drug detection dog, approached the residence. The dog handler accompanied the dog to the front door of the home. The dog signaled that it detected the scent of narcotics. The detective also personally smelled marijuana. +The detective prepared an affidavit and applied for a search warrant, which was issued. A search confirmed that marijuana was being grown inside the home. Jardines was arrested and charged with trafficking cannabis. Jardines moved to suppress the evidence seized at his home on the theory that the drug dog's sniff was an impermissible search under the Fourth Amendment and that all subsequent evidence was fruit of the poisonous tree. +The trial court conducted an evidentiary hearing and subsequently ruled to suppress the evidence. The state appealed the suppression ruling and the state appellate court reversed, concluding that no illegal search had occurred since the officer had the right to go up to the defendant's front door and that a warrant was not necessary for the drug dog's sniff. The Florida Supreme Court reversed the appellate court's decision and concluded that the dog's sniff was a substantial government intrusion into the sanctity of the home and constituted a search within the meaning of the Fourth Amendment. The state of Florida appealed the Florida Supreme Court's decision. +" +TEST_0352,Michael A. Riley,Florida,"Michael Riley lived in a mobile home situated on five acres of rural land in Florida. Riley owned a greenhouse that was located behind his home; from the ground, the contents of Riley’s greenhouse were shielded from view by its walls and the trees on his property. In 1984, the Pasco County Sheriff’s office received a tip that Riley was growing marijuana on his property. The investigating officer tried to see into the greenhouse from the ground but could not, so he circled in a helicopter at 400 feet and saw what he believed to be marijuana growing inside. Acting on this information, the investigating officer obtained a search warrant, searched the greenhouse, and found the marijuana. Riley was charged with possession of marijuana. +Riley filed a motion to suppress the evidence obtained in the search. The trial court granted his motion and held that viewing his property from the air violated Riley’s reasonable expectation of privacy. The District Court of Appeal of Florida, Second District, reversed the trial court’s decision and denied Riley’s motion to dismiss the evidence. The appellate court also certified the case to the Supreme Court of Florida, which reinstated the trial court’s order to suppress the evidence. +" +TEST_0353,United States,Alberto Leon,"The exclusionary rule requires that evidence illegally seized must be excluded from criminal trials. Leon was the target of police surveillance based on an anonymous informant's tip. The police applied to a judge for a search warrant of Leon's home based on the evidence from their surveillance. A judge issued the warrant and the police recovered large quantities of illegal drugs. Leon was indicted for violating federal drug laws. A judge concluded that the affidavit for the search warrant was insufficient; it did not establish the probable cause necessary to issue the warrant. Thus, the evidence obtained under the warrant could not be introduced at Leon's trial. +" +TEST_0354,United States,"Mississippi Chemical Corporation, Costal Chemical Corp","Mississippi Chemical Corp. and Costal Chemical Corp. were “cooperate associations” within the meaning of the Agricultural Marketing Act. The associations qualified for membership in a “bank for Cooperatives”, which allowed them to borrow money. The Farm Credit Act of 1955 required that the associations buy Class “C” stocks valued at $100. The associations claimed a $99 interest deduction on their taxes for every stock purchased. When the Internal Revenue Service disallowed the deduction, the associations paid the deficiency and then sued for a refund. The district court found for the associations and the U.S. Court of Appeals for the Fifth Circuit affirmed. +" +TEST_0355,"Richard M. Nixon, et al.",United States,"A grand jury returned indictments against seven of President Richard Nixon's closest aides in the Watergate affair. The special prosecutor appointed by Nixon and the defendants sought audio tapes of conversations recorded by Nixon in the Oval Office. Nixon asserted that he was immune from the subpoena claiming ""executive privilege,"" which is the right to withhold information from other government branches to preserve confidential communications within the executive branch or to secure the national interest. Decided together with Nixon v. United States. +" +TEST_0356,"Ulysses Tory, et al.","Johnnie L. Cochran, Jr.","Johnnie Cochran sued his former client Ulysses Tory in a California court for making defaming statements. Tory had tried to force Cochran to pay him money in exchange for desisting, Cochran argued. A judge agreed and ordered Tory to never talk about Cochran again. Tory appealed unsuccessfully in state court, arguing the order violated his First Amendment right to free speech. The U.S. Supreme Court agreed to hear the case. Cochran died one week after oral argument. +" +TEST_0357,Zackary C. Brown,Texas,"On December 9, 1977, El Paso Police Officers Venegas and Sotelo were cruising in a patrol car. At 12:45 p.m., they observed Zackary C. Brown and another man leaving an alley in opposite directions. The alley was in an area known for a high incidence of drug traffic. The officers believed the situation was suspicious and stopped Brown for questioning. They asked Brown to identify himself, and he refused and asserted that they had no cause to stop him. When the officers frisked him, they did not find any drugs or other suspicious material on Brown. He was arrested for violation of a Texas statute that made it illegal for a person to refuse to identify himself when a police officer lawfully requests it. Brown was taken to the county jail, where he did identify himself, and was charged with the violation. +Brown was convicted in municipal court and fined. He then exercised his right to a trial in the county court and moved for dismissal on the grounds that the Texas statue was unconstitutional under the First, Fourth, Fifth, and Fourteenth Amendments. The motion was denied and he was convicted. +" +TEST_0358,Mt. Healthy City School District Board of Education,Fred Doyle,"Fred Doyle was a certified teacher and employee of the Mt. Healthy City School District Board of Education from 1966 until 1971. In 1969, he was elected president of the Teachers’ Association during a period of tension between the board and the Teacher’s Association. Doyle was also involved with a series of incidents beginning in 1970 where he allegedly behaved inappropriately toward students and other staff members; in one incident, Doyle made obscene gestures to two students. Finally, in February 1971, Doyle conveyed the substance of an internal memorandum regarding a proposed staff dress code to a disc jockey at WSAI, a Cincinnati radio station. The disc jockey promptly announced the dress code as a news item. +One month later, the superintendent of the school district recommended that the board not renew Doyle’s contract, along with the contracts of nine other teachers. The board adopted the superintendent’s recommendations. In response to Doyle’s request for an explanation, the board stated that Doyle displayed a “lack of tact in handling professional matters,” and cited both the call to the disc jockey and the obscene gestures Doyle made toward students. Doyle brought a § 1331 federal question action against the board for reinstatement with damages, claiming that the board’s refusal to rehire him violated his rights under the First and Fourteenth Amendments. +While the district court found that all of the incidents occurred, it held that Doyle was still entitled to reinstatement with backpay. The court concluded that Doyle’s call to the radio station was protected by the First Amendment and that the call played a substantial part in the board’s decision not to rehire Doyle, a violation of Doyle’s rights under the First and Fourteenth Amendment. The United States Court of Appeals Sixth Circuit affirmed in a short per curiam opinion. +" +TEST_0359,"Ralph D. Abernathy, et al.",Alabama,"In 1961, the city of Montgomery, Alabama, was under martial law as a result of the riots that started when groups of Freedom Riders arrived at the Greyhound Bus Station. On May 25, 1961, a military convoy escorted Ralph D. Abernathy, an African-American pastor from Montgomery, and 10 others (both African-American and white) to the bus terminal. The group purchased tickets, and all 11 went to sit at the lunch counter. There were at least 30 people in the station and several hundred people outside who could see through the plate-glass windows to the lunch counter. Given the tense atmosphere in the city and particularly at the bus station, Colonel Poarch of the National Guard directed the Sheriff of Montgomery County to arrest the eleven men. In his opinion, their actions seemed “calculated to provoke a breach of the peace.” +Abernathy was convicted in the Circuit Court of Montgomery County on charges of disturbing the peace and unlawful assembly. He appealed the case and argued that his Fourteenth Amendment rights were violated. The Court of Appeals of the State of Alabama affirmed the conviction. The Supreme Court of Alabama denied the petition for a writ of certiorari. +" +TEST_0360,Neztsosie,El Paso Natural Gas Company,"In 1995, Laura and Arlinda Neztsosie, and others, filed separate lawsuits in the Navajo Tribal Courts, claiming damages for injuries suffered as a result of El Paso Natural Gas Corporation's and Cyprus Foote Mineral Company's uranium mining operations. El Paso and Cyprus Foote, defendants in those suits, each filed suit in Federal District Court, seeking to enjoin the Neztsosies from pursuing their tribal court claims. The District Court denied preliminary injunctions except to the extent that the Neztsosies sought relief in the Tribal Courts under the Price-Anderson Act. The Price-Anderson Act provides certain federal licensees with limited liability for claims of ""public liability"" arising out of or resulting from a nuclear incident, converts such actions into federal claims, grants federal district courts removal jurisdiction over such actions, and provides the mechanics for consolidating the actions and for managing them once consolidated. The District Court left the determinations whether the Act applied to the Neztsosies' claims to the Tribal Courts. On El Paso's and Cyprus Foote's consolidated appeals, the Court of Appeals affirmed the District Court's decisions not to enjoin the Neztsosies from pursuing non-Price-Anderson Act claims and to allow the Tribal Courts to decide whether the Neztsosies' claims fell under that Act. Further, although the Neztsosies had not appealed the partial injunctions, the Court of Appeals moved on its own to reverse them. +" +TEST_0361,Montgomery,Becker,"Dale G. Becker, an Ohio prisoner, instituted a pro se civil rights action to contest the conditions of his confinement. Ultimately, the District Court dismissed Becker's complaint. In appealing, Becker, still pro se, filed his notice of appeal using a government-printed form, on which he filled in all of the required information. On the line labeled ""Counsel for Appellant"" Becker typed, but did not sign, his name. The form contained no indication of a signature requirement. The District Court docketed the notice, sent a copy to the Court of Appeals, and granted Becker leave to proceed in forma pauperis on appeal. Ultimately, the Court of Appeals, after notifying Becker that the court would not hold him to the same standards it required of attorneys in stating his case, dismissed the appeal on its own motion. The court held that the notice of appeal was fatally defective because it was not signed. +" +TEST_0362,United States,Snepp,"Upon accepting employment in the CIA in 1968, Snepp signed an agreement with the Agency that he would not publish any information during or after his term of employment relating to the Agency's activities without first obtaining Agency approval. Snepp published a book about CIA activities in South Vietnam without first submitting his manuscript to the Agency for review. A lower court denied Snepp royalties from his book for his failure to secure approval. +" +TEST_0363,DaimlerChrysler Corp.,"Charlotte Cuno, et al.","As part of Ohio's economic development plan, DaimlerChrysler agreed to expand its operations in Toledo in exchange for tax exemptions and tax credits worth roughly $280 million. Charlotte Cuno and others challenged the deal, however, arguing that Ohio had violated the Commerce Clause of the U.S. Constitution by offering the tax incentives. A federal district court disagreed, ruling for DaimlerChrysler, but on appeal a panel of the Sixth Circuit Court of Appeals reversed. The panel found that the tax incentives coerced businesses to expand in Ohio at the expense of other states, and were therefore unconstitutional manipulations of interstate commerce. +" +TEST_0364,Alabama,Vanessa Rose White,"An anonymous caller told Montgomery, Alabama police that Vanessa Rose White had cocaine in an attaché case in her car. The caller gave certain specific details about the car and White’s future movements. Following that tip, police followed Vanessa Rose White as she drove from an apartment complex to Doby’s Motel Court, where they pulled her over. When asked, White gave the officers permission to search her car and an attaché case found in the car. Police found marijuana in the case and arrested White. During processing at the police station, officers also found 3 milligrams of cocaine in White’s purse. After being charged with possession of marijuana and cocaine, White moved to suppress evidence of the drugs. The trial court denied the motion and White plead guilty. On appeal, the Court of Criminal Appeals of Alabama reversed the motion, finding that the officers did not have reasonable suspicion to stop and search White’s car. This search violated the Fourth Amendment protection against unreasonable searches and seizures. +" +TEST_0365,Coleman Young,"American Mini Theatres, Inc.","American Mini Theaters opened two theaters that showed adult movies in the city of Detroit. Two city ordinances enacted in 1972 prohibited the opening of adult theaters within 1,000 feet of other buildings with ""regulated uses"" or within 500 feet of any residential district. American Mini sued city officials challenging the ordinances on two grounds: that the ordinances imposed an undue burden on First Amendment rights and that ordinances violated the Fourteenth Amendment's Equal Protection Clause. A federal district court ruled in favor of the city, a decision that was reversed by the United States Court of Appeals for the Sixth Circuit. The appeals court concluded that the ordinances posed a prior restraint based on content and that the ordinances ran afoul of the Equal Protection Clause. +" +TEST_0366,A. O. Smith Corp. et al.,Klehr,"Marvin Klehr purchased inadequate cattle feed containers from A. O. Smith Harvestore Products, Inc. (Harvestore) in 1974. Over a long period of time, the containers damaged Klehr's cattle feed. In 1993, Klehr filed a civil claim against Harvestore under the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO). The District Court dismissed Klehr's suit, ruling that the four-year time limit for bringing a civil RICO suit had expired. Klehr claimed that he was not at fault for failing to discover the injury within four years, because Harvestore purposely designed the containers to conceal their inadequacy. +The U.S. Court of Appeals for the Eighth Circuit upheld the lower court. The Eighth Circuit held that Klehr should have discovered the pattern of racketeering activity much earlier. Since the statute of limitations began from the time Klehr could reasonably be expected to have discovered the pattern, Klehr was out of time. The Eighth Circuit's ""pattern of activity"" rule contradicted the Third Circuit's ""last predicate act"" rule, which allows a plaintiff to recover damages accumulated since the first injury as long as the last RICO violation (""last predicate act"") happened within four years of the lawsuit. +" +TEST_0367,"American Export Lines, Inc.","Gilberto Alvez, Joseph Vinal Ship Maintenance, Inc.","Gilberto Alvez was a seaman on vacation from his regular trade. He was moonlighting for Joseph Vinal Ship Maintenance, Inc. as a harbor worker on the SS Export Builder, a vessel owned by American Export Lines, Inc (“AELI”). On October 13, 1972, while the SS Export Builder was in New York waters, the handle of a defective tension jack struck Alvez in the eye. He completely lost his right eye in the accident. He also suffered from depression as a result of the accident and his injuries. +Alvez sued AELI in New York, claiming damages resulting from AELI’s negligence and the unseaworthiness of their ship. Alvez then moved to add his wife, Juanita Alvez, as a party plaintiff, claiming that his injuries deprived her of the benefits of their marriage. +The Merchant Marine Act of 1920 (“Jones Act”) created several classes of sea workers, allowing a wider breadth of causes of action for those injured within the United States’ territorial waters. It did not, however, specifically provide a cause of action for loss of consortium for spouses. Similarly, the Death on the High Seas Act of 1920 (“DOHSA”) did not create a specific right to a cause of action for loss of consortium. The district court denied the claim for loss of consortium. The appellate court reversed, noting that while such motions were not available in some maritime law cases, the Supreme Court in Sea-Land Servs. v. Gaudet allowed a decedent’s dependents to recover for loss of society in a wrongful death maritime law claim. Thus, there is no clear precedent prohibiting claims of loss of consortium from nonfatal injuries. +New York’s Court of Appeals affirmed the judgment of the appellate court. It rejected AELI’s use of Igneri v. Cie. De Transports Oceaniques, a U.S. Court of Appeals Second Circuit decision holding that the spouse of an injured longshoreman had no cause of action for loss of consortium. It noted that most states now allowed a spouse to state a cause of action for loss of consortium. It also reasoned that the heavy burden now placed on Juanita Alvez as a marriage partner justified allowing her to sue for damages. +" +TEST_0368,Campbell-Ewald Company,Jose Gomez,"On May 11, 2006, Jose Gomez received an unsolicited text message advertising the U.S. Navy. The text message was the result of a partnership between the Navy and the Campbell-Ewald Company, a marketing consultant that the Navy hired to help with a recruiting campaign. The compilation of the list of targeted phone numbers and the actual sending of the message was outsourced to a company called Mindmatics. +Gomez sued and argued that that Campbell-Ewald violated the Telephone Consumer Protection Act by instructing or allowing a third-party vendor to send unsolicited text messages on the behalf of a client. After Campbell-Ewald’s motion to dismiss was denied, the company offered Gomez a settlement, which Gomez rejected. Campbell-Ewald again moved to dismiss the case and argued that Gomez’s rejection of the settlement offer made the claim moot. The district court denied the motion, and Campbell-Ewald moved for summary judgment based on the argument that the company had derivative sovereign immunity because it was acting on behalf of the government. The district court granted the motion for summary judgment. The U.S. Court of Appeals for the Ninth Circuit reversed and held that Campbell-Ewald was not entitled to the derivative sovereign immunity defense because the defense had only ever been applied in the context of property damage resulting from public works projects. +" +TEST_0369,"Michael Clarke, et al.",United States,"The Internal Revenue Service (IRS) served five summonses to top officers of the Dynamo Holdings Limited Partnership (Dynamo) during its investigation into the company's tax liabilities. The United States District Court for the Southern District of Florida granted enforcement of the summonses. Dynamo opposed the summonses by arguing that it was entitled to a hearing to determine whether the summonses were proper. On appeal, the U.S. Court of Appeals for the Eleventh Circuit vacated the decision that allowed the summonses to be enforced and remanded the case back to the district court for a hearing on whether the investigation was launched under an improper purpose, which would render enforcement of the summonses unlawful. +" +TEST_0370,Sierra Club,"Ohio Forestry Association, Inc.","Pursuant to the National Forest Management Act of 1976 (NFMA), the United States Forest Service developed a Land and Resource Management Plan for Ohio's Wayne National Forest. The Plan sets logging goals, selects the areas suited to timber production, and determines which probable methods of timber harvest are appropriate, but it does not itself authorize the cutting of any trees. Ultimately, the Sierra Club filed suit, alleging that erroneous analysis leads the Plan wrongly to favor logging and clearcutting. The District Court granted the Forest Service summary judgment, finding that the Forest Service had acted lawfully in making the various challenged determinations. In reversing, the Court of Appeals, finding both that the Sierra Club had standing to bring suit, and that since the suit was ""ripe for review,"" there was no need to wait ""until a site-specific action occurs,"" held that the Plan improperly favored clearcutting and therefore violated the NFMA. +" +TEST_0371,"Eric Holder, Attorney General",Jose Angel Carachuri-Rosendo,"Jose Angel Carachuri-Rosendo was admitted to the United States in 1993 and became a lawful permanent resident. In 2004, he pled guilty to misdemeanor possession of marijuana. One year later, he pled guilty to misdemeanor possession of Xanax, but was not tried as a recidivist. In 2006, Mr. Carachuri was notified that he was removable from the United States. He applied for removal cancellation, which was denied. The Board of Immigration Appeals affirmed the decision. +On appeal, the U.S. Court of Appeals for the Fifth Circuit affirmed, holding that Mr. Carachuri was ineligible for cancellation of removal. The court reasoned that because Mr. Carachuri's second drug conviction could have been punished as a felony under the Controlled Substances Abuse Act, had he been prosecuted in federal court, the conviction qualified as an ""aggravated felony"" making him ineligible for cancellation of removal. +" +TEST_0372,"Allentown Mack Sales & Service, Inc.",National Labor Relations Board,"In 1990, Mack Trucks, Inc., sold its Allentown, Pennsylvania, branch to Allentown Mack Sales, Inc. A number of Mack employees made statement to the new owners suggesting that Local Lodge 724 of the International Association of Machinists and Aerospace Workers, AFL-CIO, had lost the support of bargaining-unit members generally. Subsequently, Allentown refused Local 724's request for recognition and commencement of collective-bargaining negotiations. Allentown, under a National Labor Relations Board (NLRB) precedent, claimed a good-faith reasonable doubt as to the union's support in order to conduct an internal poll of employee support for the union. The employees voted 19 to 13 against the union. Local 724 then filed an unfair-labor-practice charge with the NLRB. Ultimately, an Administrative Law Judge held that Allentown's poll was conducted in compliance with procedural standards, but that Allentown did not have an ""objective reasonable doubt"" about the majority status of the union. The Court of Appeals enforced the NLRB's order for Allentown to recognize and bargain with Local 724. +" +TEST_0373,"Advocate Health Care Network, et al.","Maria Stapleton, et al.","The Employee Retirement Income Security Act of 1974 (ERISA) protects employees from unexpected losses in their retirement plans by putting in place required safeguards on plans that qualify for ERISA protections. Church plans are exempted from the Act and its protections to prevent excessive entanglement of the government with religion through regulation. +Maria Stapleton and the other plaintiffs in this case are a group of employees who work for Advocate Health Care Network (Advocate), which operates hospitals, inpatient, and outpatient treatment centers through northern Illinois, and are members of Advocate’s retirement plan. Advocate formed in 1995 as the result of a merger between two religiously affiliated hospital systems (though neither system was owned or financially operated by the church with which it was affiliated). Advocate is also affiliated with a church, and though it is not owned or financially operated by the church, it maintains contracts with the church and “affirms [the church’s] ministry.” The plaintiffs in this case sued Advocate and argued that the Advocate retirement plan is subject to ERISA, and therefore Advocate has breached its fiduciary duty by failing to adhere to ERISA’s requirements. The defendants moved for summary judgment because the Advocate plan fell under the ERISA exemption for church plans. The district court denied the motion because it determined that a plan established and maintained by a church-affiliated organization was not a church plan within the meaning of the statutory language. The U.S. Court of Appeals for the Seventh Circuit affirmed, and this case was consolidated with two other ones presenting the same issue before the Supreme Court. +" +TEST_0374,"Metro-Goldwyn-Mayer Studios Inc., et al.","Grokster, Ltd., et al.","Grokster and other companies distributed free software that allowed computer users to share electronic files through peer-to-peer networks. In such networks, users can share digital files directly between their computers, without the use of a central server. Users employed the software primarily to download copyrighted files, file-sharing which the software companies knew about and encouraged. The companies profited from advertising revenue, since they streamed ads to the software users. A group of movie studios and other copyright holders sued and alleged that Grokster and the other companies violated the Copyright Act by intentionally distributing software to enable users to infringe copyrighted works. The district court ruled for Grokster, reasoning that the software distribution companies were not liable for copyright violations stemming from their software, which could have been used lawfully. The Ninth Circuit affirmed. +" +TEST_0375,Passman,Davis,"Davis, a former employee of Louisiana Congressman Otto Passman, charged Passman with violating her Fifth Amendment right to due process. Prior to the time of her firing Passman wrote a note explaining that, even though he knew Davis as an ""able, energetic, and a hard, hard worker"", he preferred a man to work in her position. The Court of Appeals ruled that Davis had no civil remedies under the Fifth Amendment due process requirement. +" +TEST_0376,United States,Keshia Cherie Ashford Dixon,"Keshia Dixon was arrested for illegally purchasing firearms. At her trial, Dixon raised a duress defense, claiming that her boyfriend abused her and that she feared he would harm or kill her or her daughters if she did not buy the firearms. Upon being convicted, Dixon appealed to the Fifth Circuit Court of Appeals, arguing that she should not bear the evidentiary burden of proving her duress claim. The Circuit Court rejected Dixon's argument, noting that the circuit's previous cases had clearly established that the duress defense requires the defendant to prove duress by a preponderance of evidence. This ruling conflicted with a ruling on a similar case in the Sixth Circuit Court of Appeals. Dixon appealed to the Supreme Court, which agreed to consider the narrow question of the burden of proof. +" +TEST_0377,Anup Engquist,Oregon Department of Agriculture et al.,"Anup Engquist, a woman of Indian descent, brought this action against the Oregon Department of Agriculture alleging that a co-worker at the Department harassed her and eventually engineered her termination. Although Engquist asserted numerous claims, a jury in the federal district court only found in her favor on her equal protection, substantive due process, and intentional interference with employment claims. +On appeal, the U.S. Court of Appeals for the Ninth Circuit struck those jury verdicts. Although the Ninth Circuit acknowledged that the Supreme Court had previously dealt with such ""class of one"" equal protection claims eight years ago in a case, Village of Willowbrook v. Olech, involving a village resident suing the village for unjustified zoning decisions, it refused to apply that short, two-page opinion to Engquist's claim. The Ninth Circuit reasoned that the Olech opinion may only apply when the government is in the role of regulator and did not clarify whether it would also apply in an employment context such as this one. In seeking Court review, Engquist noted the pervasive splits in the circuits regarding the proper allocation of the Court's decision in Olech, while Oregon claimed that Olech should be construed narrowly so as to avoid a deluge of petty cases against the government. Oregon also pointed out that even if the case were to be heard, Oregon would have qualified immunity and Engquist would necessarily lose. +" +TEST_0378,"Bonito Boats, Inc.","Thunder Craft Boats, Inc.","In 1976, Bonito Boats, Inc. (Bonito), a Florida corporation, developed a design for a fiberglass recreational boat and made a model to produce the finished fiberglass boats for sale. No patent application was ever filed for protection. In 1983, the Florida Legislature enacted a statute making it unlawful to use a direct modeling process to duplicate and sell a vessel or part of a vessel. In 1984, Bonito sued Thunder Craft Boats, Inc. (Thunder Craft), a Tennessee corporation, in the Florida district court for violating the statute. Thunder Craft successfully argued that the Florida statute conflicted with federal patent laws and was therefore invalid under the Supremacy Clause of the Eleventh Amendment. The Florida Court of Appeals and the Florida Supreme Court affirmed the district court’s conclusion that the Florida law interfered with federal patent laws. +" +TEST_0379,"James E. Swann, et al.","North Carolina State Board of Education, et al.","Following a desegregation case that began in 1965, on February 5, 1970, the district court ordered the Charlotte-Mecklenburg school system to implement a court-approved desegregation plan. Prior to this order, a suit had been filed in state court that sought an order enjoining the use of public funds for the transportation of students for desegregation purposes. In the midst of the extensive litigation, the North Carolina legislature enacted an anti-busing bill. Swann and other plaintiffs sought injunctive and declaratory relief against the statute, and a three-judge panel was convened to consider the issue. The three-judge panel declared the statute unconstitutional. +" +TEST_0380,United States,Brian Michael Gall,"While a student at the University of Iowa, Brian Gall was involved in a drug ring distributing ecstasy (methylenedioxymethamphetamine, MDMA). He voluntarily left the drug conspiracy and moved to Arizona where he started his own business and led a crime-free life. When federal agents tracked him down, he turned himself in and pleaded guilty to conspiracy to distribute a controlled substance. The government argued for a sentence of 30 months in prison, which was the minimum sentence in the range recommended for the offense by the federal sentencing guidelines. Taking into account the mitigating circumstances in Gall's case, the judge instead decided to depart from the guidelines and impose a sentence of 36 months of probation. (The Supreme Court in U.S. v. Booker had declared the sentencing guidelines to be merely advisory, but the guidelines range is still among the factors a court must consider before handing down a reasonable sentence.) +The U.S. Court of Appeals for the Eighth Circuit rejected the below-guidelines sentence as unreasonable. The Eighth Circuit held that while the guidelines are not mandatory, sentences that fall outside of the recommended sentencing range must overcome a presumption of unreasonableness. Sentences varying from the guidelines must be justified based on the circumstances of the case, and larger variances from the guidelines require correspondingly more compelling justifications. The Eighth Circuit ruled that the district court had erred by using Gall's youth as a mitigating factor, by overweighing his rehabilitation, and by underweighing the seriousness of the crime. Since the ""extraordinary variance"" was not justified by a finding of extraordinary circumstances, the Eighth Circuit ordered a new sentence. +" +TEST_0381,"William G. Moore, Jr.","Michael Hartman, Frank Kormann, Pierce McIntosh, Norman Robbins, and Robert Edwards","William Moore sued six postal inspectors in federal court, alleging that they had brought criminal charges against him in retaliation for lobbying efforts he undertook on behalf of his company. The inspectors claimed that they had qualified immunity (that is, because they filed the charges in their official capacity on good faith, they could not be sued) and also that the case should be dismissed because they had probable cause to charge Moore. The district court sided with Moore, and the Court of Appeals for the District of Columbia agreed, finding that, even with probable cause, they must show that that the prosecution was not motivated by a desire for retaliation. +" +TEST_0382,Louisiana Public Service Commission,"Entergy Louisiana, Inc.","  +Several Louisiana cotton gins sued Entergy, an electric utility company, because it had over-billed them for electricity between 1988 and 1994. The gins claimed that Entergy had failed to notify them of a lower rate that would have saved them more than $2 million over the six-year period. Louisiana law requires that utility companies notify customers when they are eligible for a lower rate. Furthermore, the gins claimed that Entergy had discriminated against them by notifying several other gins in the state of the lower rate. Deferring to the decision of the Louisiana Public Service Commission, the state's utility regulatory agency, a state district court ruled against Entergy. The Supreme Court of Louisiana affirmed the decision on appeal. +  +" +TEST_0383,Virginia,Chris Simopoulos ,"Dr. Chris Simopoulos, a practicing obstetrician-gynecologist, performed an abortion for a 17-year-old girl at his clinic in Falls Church, Virginia. The girl was in her second trimester and did not inform her parents about the procedure, despite Dr. Simopoulos’ suggestion. Dr. Simploulous was indicted under a Virginia law prohibiting second trimester abortions outside of a licensed hospital. The Circuit Court of Fairfax County convicted him without a jury and the Supreme Court of Virginia affirmed the conviction. +" +TEST_0384,AnimalFeeds International Corp.,"Stolt-Nielsen S.A., et al.","AnimalFeeds International Corp. on behalf of a class of plaintiffs filed suit in a Pennsylvania federal district court against Stolt-Nielsen among others alleging defendants were engaged in a ""global conspiracy to restrain competition in the world market for parcel tanker transportation services."" After the case was transferred to the Connecticut federal district court, Stolt-Nielsen filed a motion to compel arbitration, which was denied. On appeal, the U.S. Court of Appeals for the Second Circuit reversed. During arbitration, AnimalFeeds filed a demand to proceed as a class. A panel was appointed to determine whether the language of the Clause Construction Award permitted AnimalFeeds to proceed as a class and answered in the affirmative. Stolt-Nielsen then petitioned the Connecticut federal district court to vacate the panel's determination, which was granted. +On appeal, the U.S. Court of Appeals for the Second Circuit reversed and reinstated the panel's decision. The court held that the arbitration panel did not manifestly disregard the law when reaching its conclusion that the Clause Construction Award permitted AnimalFeeds to proceed as a class, even though the Award was silent on whether proceeding as a class was permitted. The court reasoned that when parties agree to arbitrate, the question of whether an agreement permits class arbitration is generally left to the arbitrators, not the courts. +" +TEST_0385,Washington,Harold Omond Spence ,"Harold Omand Spence displayed an American flag with a peace symbol made out of removable tape on it outside of his home in Seattle, WA. When officers came to his house he offered to take the flag down, but was arrested, charged, and convicted under a Washington statute that forbade the display of an American flag to which figures symbols or other extraneous material is attached or superimposed. Spence was not charged under the state flag desecration statute. The Washington Court of Appeals reversed, but the Washington Supreme Court reversed and reinstated the conviction. The state supreme court rejected Spence’s argument that the statute violated the First Amendment and was unconstitutionally vague. +" +TEST_0386,Forbes,Arkansas Educational Television Commission,"During the 1992 race for Arkansas' Third Congressional District, the Arkansas Educational Television Commission (AETC) -- a state-owned public television broadcaster -- sponsored a debate between the major party candidates. Running as an independent candidate with little popular support, Ralph Forbes sought to participate in the debate but was denied permission. After unsuccessfully challenging AETC's refusal in district court, Forbes appealed and won a reversal. AETC then appealed and the Supreme Court granted certiorari. +" +TEST_0387,"Arny Rhoden, Chairman, Tax Commission of Mississippi",W. M. Gurley dba Gurley Oil Co. ,"Gurley Oil Co. owned five gas stations in Mississippi and purchased gas tax-free out of state. Gurley added both federal and state excise taxes on to the retail price of the gasoline. Mississippi imposed an additional 5% tax on the “gross proceeds” of all gas sales. Mississippi did not permit Gurley to deduct the state and federal excise taxes from the “gross proceeds” before calculating the 5% tax. Gurley paid the tax under protest, but sued for a refund. They alleged that not allowing a pretax deduction of the excise taxes was an unconstitutional taking under the Fifth Amendment. Gurley argued that the company was just a collector of taxes paid by the consumer, so those taxes were not actually part of his gross receipts. The chancery court dismissed the suit and the Supreme Court of Mississippi affirmed. +" +TEST_0388,"Richard F. Allen, Commissioner, Alabama Department of Corrections",Daniel Siebert,"Daniel Siebert was convicted of the murder of Linda Jarman and sentenced to death by electrocution in 1989. His conviction was confirmed on appeal, and Siebert’s petition for a writ of certiorari to the Supreme Court was denied in 1990. In 1992, Siebert filed a petition for state post-conviction relief that was denied because it was filed after the two-year statute of limitations period. In 2001, Siebert filed a federal writ of habeas corpus that was denied because the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) has a one-year statute of limitation for filing a federal writ of habeas corpus. Siebert appealed to U.S. Court of Appeals for the Eleventh Circuit and argued that the statute of limitations should not run while his “properly filed” state post-conviction relief was pending. The appellate court determined that the state statute of limitations was not jurisdictional and the state courts could have granted Siebert’s petition, so his petition for state post-conviction relief was “properly filed” and should have prevented the AEDPA’s statute of limitations from running. The appellate court remanded the case for consideration of the petition on the merits. While that review was pending, the Supreme Court decided Pace v. DiGuglielmo, in which the Court held that a petition for state post-conviction relief that was determined to be untimely did not halt the running of the AEDPA’s statute of limitations. Therefore, the district court again rejected Siebert’s petition. The appellate again remanded by holding that the state statute of limitations in this case was non-jurisdictional, and therefore Pace did not apply. +" +TEST_0389,Isaac Evans,Arizona,"In January 1991, Phoenix police officer Bryan Sargent observed Isaac Evans driving the wrong way on a one-way street. Sargent directed Evans to pull over and asked to see his license. Evans informed Sargent that his license was suspended, and upon running the license, Sargent found that there was also an outstanding warrant for Evans’ arrest. During the arrest, Evans dropped a hand-rolled cigarette that smelled of marijuana, so officers searched his car and discovered a bag of marijuana. When Evans was charged with possession of marijuana, the police were informed that his arrest warrant had been quashed and only remained on the record due to a clerical error. Evans moved to exclude the marijuana evidence because it was discovered during the course of an illegal arrest. The trial court granted the motion. +The Arizona Court of Appeals reversed and held that the exclusionary rule was not intended to deter government employees who were not directly associated with the arrest. The Arizona Supreme Court reversed and held there was no meaningful distinction between clerical errors committed by law enforcement personnel and those committed by court employees. +" +TEST_0390,Timothy Lee Hurst,Florida,"Timothy Lee Hurst was charged and convicted of first-degree murder for killing his co-worker, Cynthia Harrison, during a robbery of the Popeye’s restaurant where they both worked. He was sentenced to death and appealed. On appeal, Hurst was granted a new sentencing trial because the Supreme Court of Florida found that his counsel should have investigated and presented evidence of Hurst’s borderline intelligence and possible organic brain damage. At his new sentencing trial, Hurst was prevented from presenting mental retardation evidence as an absolute bar to the imposition of the death penalty, though he was allowed to present it as mitigating evidence. The jury again sentenced Hurst to the death penalty by a vote of seven to five, and the Supreme Court of Florida affirmed. +In 2002, the Supreme Court decided the case Ring v. Arizona, in which the Court held that the Sixth Amendment required that the presence of aggravating factors, which Arizona’s death penalty sentencing scheme viewed as essentially elements of a larger offense, be determined by the jury. The Supreme Court of Florida had previously held that the decision in Ring v. Arizona did not apply to Florida’s death penalty sentencing scheme generally and specifically did not require that a jury’s recommendation of the death penalty be unanimous or that a jury determine the factual issue of a defendant’s potential mental retardation. +" +TEST_0391,Shirley,"Atkinson Trading Company, Inc.","Atkinson Trading Company, Inc. owns the Cameron Trading Post, which is located on non-Indian fee land within the Navajo Nation Reservation. The Cameron Trading Post consists of a hotel, restaurant, cafeteria, gallery, curio shop, retail store, and recreational vehicle facility. In 1992, the Navajo Nation enacted a hotel occupancy tax, which imposed an 8 percent tax upon any hotel room located within the exterior boundaries of the reservation. Atkinson challenged the tax under Montana v. United States. Under Montana, with two limited exceptions, Indian tribes lack civil authority over the conduct of nonmembers on non-Indian land within a reservation. The District Court upheld that tax. In affirming, the Court of Appeals concluded that the tax fell under Montana's first exception because a ""consensual relationship exists in that the nonmember guests could refrain from the privilege of lodging within the confines of the Navajo Reservation and therefore remain free from liability for the [tax]."" +" +TEST_0392,Keshia Cherie Ashford Dixon,United States,"Keshia Dixon was arrested for illegally purchasing firearms. At her trial, Dixon raised a duress defense, claiming that her boyfriend abused her and that she feared he would harm or kill her or her daughters if she did not buy the firearms. Upon being convicted, Dixon appealed to the Fifth Circuit Court of Appeals, arguing that she should not bear the evidentiary burden of proving her duress claim. The Circuit Court rejected Dixon's argument, noting that the circuit's previous cases had clearly established that the duress defense requires the defendant to prove duress by a preponderance of evidence. This ruling conflicted with a ruling on a similar case in the Sixth Circuit Court of Appeals. Dixon appealed to the Supreme Court, which agreed to consider the narrow question of the burden of proof. +" +TEST_0393,"Equal Employment Opportunity Commission, et al.",R.G. & G.R. Harris Funeral Homes Inc.,"Aimee Stephens worked as a funeral director at R.G. & G.R. Harris Funeral Homes, Inc., which is a closely held for-profit corporation that operates several funeral homes in Michigan. For most of her employment at the Funeral Home, Stephens lived and presented as a man. Shortly after she informed the Funeral Home’s owner and operator that she intended to transition from male to female, she was terminated. +Stephens filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging that she had been terminated based on unlawful sex discrimination. After conducting an investigation, the EEOC brought a lawsuit against the Funeral Home charging that it had violated Title VII of the Civil Rights Act of 1964 by terminating Stephen’s employment on the basis of her transgender or transitioning status and her refusal to conform to sex-based stereotypes. +The district court granted summary judgment to the Funeral Home, and a panel of the US Court of Appeals for the Sixth Circuit reversed, holding that the Funeral Home’s termination of Stephens based on her transgender status constituted sex discrimination in violation of Title VII. +" +TEST_0394,Supap Kirtsaeng,"John Wiley & Sons, Inc.","Supap Kirtsaeng came to the United States from Thailand in 1997. He obtained an undergraduate degree at Cornell University before being accepted into a PhD program at the University of Southern California. To subsidize the cost of his education, Kirtsaeng asked friends and family in Thailand to buy copies of textbooks in Thailand and to ship those books to him in the United States. Kirstaeng then sold the textbooks on eBay at a profit. Among the books Kirtsaeng sold, were eight textbooks printed in Asia by John Wiley and Sons, Inc. +Wiley sued Kirtsaeng in district court for copyright infringement under Section 602(a)(1) of the Copyright Act, which makes it impermissible to import a work ""without the authority of the owner."" Kirtsaeng asserted a defense under Section 109(a) of the Copyright Act, which allows the owner of a copy ""lawfully made under this title"" to sell or otherwise dispose of the copy without the copyright owner's permission. The district court rejected Kirtsaeng's argument, and held that the doctrine was inapplicable to goods manufactured in a foreign country. +Kirtsaeng appealed to the United States Court of Appeals for the Second Circuit. A divided panel acknowledged that it was a difficult question of statutory construction, but the majority held that Section 109(a) referred specifically to works that are made in the United States and did not apply to works manufactured abroad. Kirtsaeng's request for rehearing was denied, and he appealed the appellate court's decision. +" +TEST_0395,Epstein,Matsushita Elec. Industrial Company,"In 1990, Matsushita Electric Industrial Co. made a tender offer for the common stock of MCA, Inc., a Delaware corporation, which resulted in Matsushita's acquisition of MCA. Subsequently, two lawsuits followed. First, a class action filed in Delaware, alleged that, among other things, Matsushita and MCA conspired violating Delaware law. The second suit, filed in federal court, alleged that Matsushita's tender offer violated certain Securities and Exchange Commission Rules promulgated under the Securities Exchange Act of 1934, which confers exclusive jurisdiction upon the federal courts in such suits. After Matsushita won the federal case, and while it was on appeal, the parties to the state action reached a settlement. The class-action settlement stated that class members who did not opt out of the class would waive all claims in connection with the tender offer, including those asserted in the federal action. As members of both state and federal plaintiff classes, who neither opted out of the settlement class nor appeared to contest the settlement or the representation of the class, pursued the federal appeal, Matsushita argued that the Delaware judgment was a bar to further prosecution under the Full Faith and Credit Act. +" +TEST_0396,"Megan J. Brennan, Postmaster General",Marvin Green,"Marvin Green began working for the United States Postal Service in 1973. In 2002, he became the postmaster at the Englewood, Colorado, post office. In 2008, a postmaster position opened in Boulder, and Green applied but did not receive the position. He filed a formal Equal Employment Opportunity (EEO) charge regarding the denial of his application, and the charge was settled. In 2009, Green filed an informal EEO charge and alleged that his supervisor and supervisor’s replacement had been retaliating against him for his prior EEO activity. Throughout that year, Green was subject to internal Postal Service investigations including a threat of criminal prosecution. He ultimately signed an agreement that he would immediately give up his position and either retire or accept a much lower paying position. Green chose to retire and filed subsequent charges with the EEO Office, which dismissed his claim. Green then sued in district court and alleged, among other claims, that he had been constructively discharged. The district court held that Green’s constructive discharge claim was barred because he did not contact an EEO counselor within 45 days of signing the agreement, which was the last allegedly discriminatory act, and the U.S. Court of Appeals for the Tenth Circuit affirmed. +" +TEST_0397,Huson,Chevron Oil Company,"Gaines Ted Huson suffered a back injury while working on a fixed oil rig, owned by Chevron Oil Company, off the coast of Louisiana. More than two years after the injury, Huson sued Chevron for damages in United States District Court, Eastern District of Louisiana, New Orleans Division. Huson alleged that it took several months for him to realize the severity of his injury. The District Court relied on Rodrigue v Aetna Casualty & Surety Co., 395 U.S. 352 (1969), holding that Louisiana's one-year statute of limitations applied instead of the admiralty laches doctrine so Huson's claim was barred. Rodrigue held that state law, not admiralty law, applied in these situations under the Outer Continental Shelf Lands Act. On appeal to the United States Court of Appeals for the Fifth Circuit, Huson argued that because he filed this case before the Rodrigue decision, applying its ruling would have an unfair retrospective effect. The Court of Appeals reversed, holding that the Louisiana statute of limitations was inconsistent with the admiralty laches doctrine and, therefore, was not applicable. +" +TEST_0398,Mississippi,Leon Chambers,"Leon Chambers was charged with murdering a policeman. Another man, Gable McDonald, confessed to the murder, in addition to confession to third parties, and was taken into custody. One month later, McDonald denied the confession and was released from custody. At trial, Chambers tried to prove McDonald admitted to the crime several times and confessed to third parties. The district court found the evidence of the confessions was inadmissible because of the voucher rule – a common-law rule that prohibits the defense from cross-examining a witness when the prosecution failed to do so – and the fact that the statements were hearsay. Chambers’ appealed and argued that the district court violated the Due Process Clause of the Fourteenth Amendment by refusing to admit the evidence. +" +TEST_0399,Ferris Alexander,United States,"Ferris Alexander was the owner of a chain of stores and theaters in Minnesota that distributed sexually explicit media. He was charged with violating federal obscenity laws and the Racketeer Influenced and Corrupt Organizations Act (RICO). The federal District Court in Minnesota found him guilty of both charges. The court ordered him to forfeit his businesses, sentenced him to a six-year prison term, and fined him $100,000. +Alexander appealed, claiming that the confiscation of his stores for his dealings in obscene material amounted to 'prior restraint' on his subsequent distribution of adult materials, and therefore violated his First Amendment rights. He also claimed that the seizure of his business violated his Eighth Amendment protection against excessive fines. The United States Court of Appeals for the Eighth Circuit affirmed the District Court's judgment on the First Amendment claim, and declined to review the Eighth Amendment claim on the ground that no sentence less severe than life imprisonment without parole could justify an Eighth Amendment review. +" +TEST_0400,"Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office","Cuozzo Speed Technologies, LLC","Cuozzo Speed Technologies, LLC. (Cuozzo) owns the 074 patent, “Speed Limit Indicator and Method for Displaying Speed and the Relevant Speed Limit,” and Garmin International, Inc. (Garmin) petitioned the Patent Trial and Appeal Board (Board) for inter partes review of claims regarding the patent. The Board was established to process patent litigation faster by using inter partes review, and during that process, the Board uses the broadest reasonable interpretation when reviewing patent claims instead of the plain and ordinary meaning of patent claims. The Board found that claims 10, 14, and 17 were unpatentable. Cuozzo filed a motion to amend by replacing claims 10, 14, and 17 with claims 21, 22, and 23. The Board denied this request by applying the broadest reasonable interpretation standard to the term “integrally attached” regarding claim 14 on the components of the “Speed Limit Indicator.” Cuozzo appealed to the U.S. Court of Appeals for the Federal Circuit, which held that it lacked authority to review the Board’s finding under the broadest reasonable interpretation. +" +TEST_0401,Rudolph Ivanovich Abel also known as 'Mark' and also known as Martin Collins and Emil R. Goldfus,United States,"Rudolf Ivanovich Abel maintained an artist’s studio in Brooklyn Heights, New York while living in New York at various inexpensive lodgings. In early May of 1957, Reino Hayhanen informed the American Embassy in Paris that he had been acting as a secret agent for the Soviet Union in the United States since 1952. He also informed the embassy that he had assisted a Soviet agent he only knew as “Mark”, whom he identified as a resident agent in the United States with the military rank of colonel. Federal Bureau of Investigation (“FBI”) agents began a long investigation of Abel, but did not seek to obtain a warrant of arrest or a search warrant relating to Abel. +FBI agents gave three agents from the Immigration and Naturalization Service (“INS”) a report on Abel as a suspected spy; the FBI agents also asked them to prepare an Immigration detention warrant. On June 21, 1957, FBI agents found Abel at the Latham Hotel in Manhattan and questioned him unsuccessfully for a half hour. A short time later, INS agents who were waiting outside packed up all of Abel’s personal effects in the room. They seized over two hundred items but found no weapons or evidence of alienage; the FBI also seized several items after an agent checked Abel out of the hotel, including three items contested at trial. +Two INS agents flew Abel to a maximum security camp in McAllen, Texas, where FBI and INS agents interrogated him for four weeks. On the third day, he admitted he was in the United States illegally. A criminal warrant for Abel’s arrest was issued on August 7, 1957 while Abel was in his Texas cell; he also learned that same day that he was indicted for espionage. Agents brought Abel back to New York, where the district court tried and convicted him of espionage. The prosecution introduced seven items seized before the government obtained a search warrant. The United States Court of Appeals, Second Circuit, affirmed Abel’s conviction, holding that INS agents could search Abel’s hotel room incident to his valid arrest and pursuant to a deportation arrest warrant. +" +TEST_0402,"State of Ohio, Columbus Bar Association",Martin Robert Stolar,"Martin Robert Stolar was admitted to the New York Bar in 1968. In his application, he answered several questions about his social, religious and political affiliations. When Stolar applied to the Ohio Bar in 1969 he supplied the Ohio Bar Association with all of the information from his New York Bar application. The Ohio Bar also subjected Stolar to an oral interrogation where they asked questions relating to whether he was associated with any organization that advocated the violent overthrow of the government. Stolar refused to answer those questions and the interrogation committee recommended that he be denied admission to the Bar. Stolar had nothing in his record, other than refusal to answer the questions, that showed that he did not have the necessary good character for admission to the Ohio Bar. The Ohio Supreme Court approved the committee’s recommendation without opinion. +" +TEST_0403,"Consumers Union of United States, Inc.",Bose Corporation,"Bose Corporation, a loudspeaker manufacturer, brought a product disparagement action against Consumer Union for publishing a negative review of Bose products. Among other comments, Consumer Union's article mistakenly said that Bose loudspeakers caused sounds of individual musical instruments to wander ""about the room"" when they in fact merely wandered ""along the wall[s]."" Ruling in favor of Bose, the District Court found that the article's statements were factually wrong and made with ""actual malice."" On appeal, the Court of Appeals reversed as it found the lower court's ruling to be clearly erroneous. The Supreme Court granted Bose certiorari. +" +TEST_0404,Ciraolo,California,"The Santa Clara Police received an anonymous tip that Ciraolo was growing marijuana in his back yard. Unable to observe the yard from the ground due to a high fence which encircled it, the police secured a private plane and flew over Ciraolo's house at an altitude of 1,000 feet. The fly-over confirmed the presence of marijuana. The police then obtained a search warrant, seized 73 plants on the next day, and arrested Ciraolo who then pleaded guilty to the cultivation of marijuana. The California Court of Appeals, however, found that the aerial observation was illegal and reversed Ciraolo's conviction. +" +TEST_0405,General Revenue Corporation,Olivea Marx,"Elenea Marx defaulted on her student loans. In September 2008, her guarantor, EdFund, a division of the California Student Aid Commission, hired the General Revenue Corporation (""GRC"") to collect on the account. That same month, a GRC agent faxed Marx's employer a form displaying basic contact information for GRC. It also left blanks for the employer to fill in information about the employee's employment status and other related information. +The Fair Debt Collection Practices Act (""FDCPA"") prohibited communications with third parties in connection with the collection of debt. It also allowed courts to award costs to prevailing defendants in actions brought in bad faith and for the purpose of harassment. Rule 54(d) of the Federal Rules of Civil Procedure, however, prevented courts from awarding courts if a statute provided otherwise. Marx sued GRC in October 2008, alleging abusive and threatening phone calls in violation of the FDCPA. She amended her complaint in March 2009 to add a claim that GRC violated the FDCPA by sending the fax to her workplace to request employment information. +The district court dismissed her complaint, holding that the fax was not a ""communication"" within the meaning of the act, and ordering Marx to pay court costs. The United States Court of Appeals, Tenth Circuit, affirmed with one dissent, holding that the fax was not a communication. The Tenth Circuit also held that the act did not prevent courts from awarding costs to prevailing defendants. Marx's petition for an en banc rehearing was denied. +" +TEST_0406,Lyons,"Hillside Dairy, Inc.","California regulates the minimum price paid to dairy farmers producing raw milk by establishing price minimums and requiring contributions to a price equalization pool. After it became profitable for some California processors to buy raw milk from out-of-state producers, the California Department of Food and Agriculture amended its regulations to require contributions to the price equalization pool on some out-of-state purchases. Four dairy farms in Nevada filed suit, alleging that the amendment unconstitutionally discriminated against them. Without reaching the merits, the District Court dismissed both cases. In affirming, the Court of Appeals held that the Federal Agriculture Improvement and Reform Act of 1996 immunized California's milk pricing and pooling laws from Commerce Clause challenge. The appellate court also held that the individual petitioners' Privileges and Immunities Clause claims failed because the amendment did not create classifications based on any individual's residency or citizenship. +" +TEST_0407,Noland,United States,"The IRS filed claims in Bankruptcy Court for taxes, interest, and penalties that accrued when Thomas R. Noland, the trustee of the in-debt First Truck Lines, Inc., sought relief under federal Bankruptcy Code. The Bankruptcy Court held that the claims for taxes and interest were the first priority in the case. Consequently, the court subordinated the penalties, to be adjudicated following the taxes and interest, because the penalties were not financial losses for the IRS. The Court of Appeals affirmed the decision. +" +TEST_0408,Texas,Smith,"Before the Texas jury in Smith's murder trial reached its sentence, the judge issued a ""nullification instruction."" The judge told the jury to consider mitigating evidence when filling out the verdict form. That form consisted of two ""yes"" or ""no"" questions: whether Smith acted deliberately and whether he posed a future danger. The judge told jurors that even if they believed the state had proved that the answer to both questions was ""yes,"" jurors should answer ""no"" to at least one of them if they believed the death sentence should not be imposed because of the mitigating evidence. The jury answered ""yes"" to both questions and sentenced Smith to death. Smith lost his appeal in state court. +" +TEST_0409,Akron Center For Reproductive Health,Akron,"In 1978 the Akron City Council enacted an ordinance which established seventeen provisions to regulate the performance of abortions. Among other things, the ordinance required: all abortions performed after the first trimester to be done in hospitals, parental consent before the procedure could be performed on an unmarried minor, doctors to counsel prospective patients, a twenty-four hour waiting period, and that fetal remains be disposed of in a ""humane and sanitary manner."" Some of the ordinance's provisions were invalidated by a federal district court. +" +TEST_0410,Ellen Gelboim,"Bank of America Corp., et al.","The London Interbank Offer Rate (LIBOR) is a daily interest rate benchmark that is used to help set the interest rate of financial transactions across the globe. Between August 2007 and May 2010, it has been alleged that the LIBOR rate was artificially manipulated downward by a number of colluding financial institutions. Ellen Gelboim was one of many parties to file individual suits against these financial institutions. Given the large number of cases, Gelboim's case was consolidated with a number of other similar cases for pre-trial purposes. During this pre-trial phase, the district court dismissed a number of the cases, including Gelboim's, for failure to state a claim. Gelboim sought to appeal the dismissal, however the U.S. Court of Appeals for the Second Circuit dismissed Gelboim's appeal and held that it lacked jurisdiction over the appeal because the district court had not entered a final order concerning all the claims in the consolidated action. +" +TEST_0411,Gerald Scarpello,John R Gagnon,"After pleading guilty to armed robbery in Wisconsin, Gerald Scarpelli, was sentenced to 15 years’ imprisonment, which was later reduced to probation. Scarpelli signed an agreement allowing him to reside in Illinois and was supervised by the Adult Probation Department of Illinois. Shortly after, Scarpelli was caught committing burglary with an accomplice. After being informed of his Constitutional rights, Scarpelli admitted to committing the felony, an admission he later claimed was made under extreme duress. The Wisconsin Department of Corrections revoked Scarpelli’s probation because of the violation and imprisoned him. He was not given a hearing. Two years later, Scarpelli filed a writ of habeas corpus and the district court held that revoking Scarpelli’s probation without a hearing and an attorney was a denial of his Constitutional right of due process. Gagnon, the warden of the Wisconsin Department of Corrections, appealed and the Wisconsin Court of Appeals affirmed the trial courts judgment. Gagnon appealed to the United States Court of Appeals for the Seventh Circuit. +" +TEST_0412,"Nextwave Personal Communications, Inc.",Federal Communications Commission,"After the Federal Communications Commission (FCC) auctioned off certain broadband personal communications services licenses to NextWave Personal Communications, Inc., Nextwave filed for Chapter 11 bankruptcy protection and suspended payments to all creditors, including the FCC. The FCC asserted that NextWave's licenses had been canceled automatically when the company missed its first payment-deadline and announced that NextWave's licenses were available for auction. Ultimately, when the FCC denied NextWave's petition for reconsideration of the license cancellation, the Court of Appeals for the D. C. Circuit held that the cancellation violated 11 USC section 525(a), which provides that a ""governmental unit may not...revoke...a license...to...a debtor...solely because such...debtor...has not paid a debt that is dischargeable in the case."" (Together with No. 01-657, Arctic Slope Regional Corp. et al. v. NextWave Personal Communications Inc. et al.) +" +TEST_0413,"Ingalls Shipbuilding, Inc.","Director, Office of Workers' Compensation Programs","After being exposed to asbestos while working for Ingalls Shipbuilding as a shipfitter, Jefferson Yates filed a claim for disability benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). While Ingalls and Yates settled, Yates also sued the manufacturers and suppliers of the asbestos products that were allegedly present in his workplace when he contracted asbestosis. Yates also settled with some of the manufacturers and suppliers he sued, each of whom required releases from Yates and his wife. Ingalls did not approve of any releases. When Yates died, his wife then filed for benefits under the LHWCA, which provides, ""If the person entitled to compensation... enters into a settlement with a third person... for an amount less than the compensation to which the person... would be entitled under this [Act], the employer shall be liable for compensation only if written approval of the settlement is obtained from the employer before the settlement is executed."" Ultimately, the Court of Appeals affirmed that at the time Mrs. Yates executed the predeath settlements, she was not a ""person entitled to compensation"" because her husband was still alive, thus her right to death benefits had not yet vested. +" +TEST_0414,"Jose Santos Sanchez, et al.","Alejandro N. Mayorkas, Secretary of Homeland Security, et al.","Petitioners Jose Sanchez and his wife were citizens of El Salvador who entered the United States without inspection or admission in 1997 and again in 1998. Following a series of earthquakes in El Salvador in 2001, they applied for and received temporary protected status (TPS) and were subsequently permitted to remain in the United States due to periodic extensions of TPS eligibility for El Salvadoran nationals by the Attorney General. +In 2014, Sanchez and his wife applied to become lawful permanent residents under 8 U.S.C. § 1255. The United States Citizenship and Immigration Services (USCIS) denied their applications, finding that Sanchez was “statutorily ineligible” for adjustment of status because he had not been admitted into the United States. They challenged the denial in federal district court, and the district court granted their motion for summary judgment, holding a grant of TPS meets § 1255(a)’s requirement that an alien must be “inspected and admitted or paroled” to be eligible for adjustment of status. The U.S. Court of Appeals for the Third Circuit reversed, finding  no support in the text, context, structure, or purpose of the statutes for the claim that a grant of TPS may serve as an admission for those who entered the United States illegally. +" +TEST_0415,Brown,Board of Comm'rs of Bryan Cty.,"Jill Brown brought a damages action against Bryan County alleging that that its Deputy Stacy Burns had arrested her with excessive force, and that it was liable for her injuries because its Sheriff B. J. Moore had hired Burns without adequately reviewing his background. Burns had pleaded guilty to various driving infractions and other misdemeanors, including assault and battery. Moore, whom the county stipulated was its Sheriff's Department policymaker, testified that he had obtained Burns' driving and criminal records, but had not closely reviewed either before hiring Burns. The District Court denied the county's motions for judgment as a matter of law, which asserted that a policymaker's single hiring decision could not give rise to municipal liability. Brown prevailed following a jury trial, and the Court of Appeals affirmed, holding that the county was properly found liable based on Moore's decision to hire Burns. +" +TEST_0416,Dames & Moore,Regan,"In reaction to the seizure of the U.S. embassy and American nationals in Iran, President Jimmy Carter invoked the International Emergency Economic Powers Act (IEEPA) and froze Iranian assets in the United States. When the hostages were released in 1981, Treasury Secretary Donald Regan affirmed the agreements made the Carter administration that terminated all legal proceedings against the Iranian government and created an independent Claims Tribunal. Dames & Moore attempted to recover over $3 million owed to it by the Iranian government and claimed the executive orders were beyond the scope of presidential power. +" +TEST_0417,DeShaney,Winnebago County Department of Social Services,"In 1984, four-year-old Joshua DeShaney became comatose and then profoundly retarded due to traumatic head injuries inflicted by his father who physically beat him over a long period of time. The Winnebago County Department of Social Services took various steps to protect the child after receiving numerous complaints of the abuse; however, the Department did not act to remove Joshua from his father's custody. Joshua DeShaney's mother subsequently sued the Winnebago County Department of Social Services, alleging that the Department had deprived the child of his ""liberty interest in bodily integrity, in violation of his rights under the substantive component of the Fourteenth Amendment's Due Process Clause, by failing to intervene to protect him against his father's violence."" +" +TEST_0418,"Yanira Castaneda, as Personal Representative of the Estate of Francisco Castaneda, et al.","Esther Hui, et al.","These cases involve malpractice suits against Public Health Service (""PHS"") employees. The plaintiffs filed actions recognized by Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics in a California federal district court alleging violations of the Fifth and Eighth Amendments. The PHS sought a dismissal arguing that the Federal Tort Claims Act (FTCA) preempted Bivens claims. The district court rejected the argument and denied the motion to dismiss. +On appeal, the Ninth Circuit affirmed, holding that FTCA did not preempt Bivens claims. The court reasoned that the FTCA was enacted six months prior to the Supreme Court's decision in Bivens and, thus, could not have been intended as a substitute. +" +TEST_0419,"The State of California, et al.","The State of Texas, et al.","In 2012, the U.S. Supreme Court upheld the individual mandate of the Affordable Care Act (ACA) against a constitutional challenge by characterizing the penalty for not buying health insurance as a tax, which Congress has the power to impose. In 2017, the Republican-controlled Congress enacted an amendment to the ACA that set the penalty for not buying health insurance to zero, but it left the rest of the ACA in place. Texas and several other states and individuals filed a lawsuit in federal court challenging the individual mandate again, arguing that because the penalty was zero, it can no longer be characterized as a tax and is therefore unconstitutional. California and several other states joined the lawsuit to defend the individual mandate. +The federal district court held that the individual mandate is now unconstitutional and that as a result, the entire ACA is invalidated because the individual mandate cannot be “severed” from the rest of the Act. The U.S. Court of Appeals for the Fifth Circuit upheld the district court’s conclusion but remanded the case for reconsideration of whether any part of the ACA survives in the absence of the individual mandate. The Supreme Court granted California’s petition for review, as well as Texas’s cross-petition for review. +" +TEST_0420,"Sigmon Coal Company, Inc.",Barnhart,"The Coal Industry Retiree Health Benefit Act of 1992 restructured the system for providing private health care benefits to coal industry retirees by merging two previous benefits plans into the United Mine Workers of America Combined Benefit Fund. The fund is financed by annual premiums assessed against signatory coal operators, or those who signed any agreement requiring contributions to the plans that were merged into the Fund. If the signatory is no longer in business, the Act assigns liability for beneficiaries to a defined group of ""related persons"" based on the Commissioner of Social Security assignments. Shortly after Jericol Mining Co. was formed in 1973 as Irdell Mining, Inc., Irdell purchased the coal mining operating assets of Shackleford Coal Co., which was a signatory to a coal wage agreement while it was in business. Between 1993 and 1997, the Commissioner assigned responsibility for 86 retired miners to Jericol, determining that as a successor in interest to Shackleford, Jericol qualified as a related person. All of these retirees had worked for Shackleford, but none of them had actually worked for Jericol. Jericol filed suit against the Commissioner. The District Court granted Jericol summary judgment, concluding that the Act's classification regime does not provide for the liability of successors of defunct signatory operators. In affirming, the Court of Appeals concluded that Jericol was not a related person to Shackleford and thus could not be held responsible for Shackleford's miners. +" +TEST_0421,Breeden,Clark County School District,"Under Title VII of the Civil Rights Act of 1964, it is unlawful ""for an employer to discriminate against any of his employees...because [the employee] has opposed any practice made an unlawful employment practice by [Title VII], or because [the employee] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII]."" Shirley Breeden alleged that, during a review of job applicant files in 1994, a male co-worker's vocal reaction to an applicant's psychological evaluation report constituted sexual harassment. Moreover, Breeden alleged that she suffered from adverse employment actions for complaining about the about the alleged harassment. Breeden claimed she was transferred about a month later to a job with less supervisory authority. In 1997, Breeden filed a retaliation claim against Clark County School District. The District Court granted summary judgment for the school district. A panel of the Court of Appeals reversed. +" +TEST_0422,R. Scott Appling,"Lamar, Archer & Cofrin, LLP","R. Scott Appling hired the law firm of Lamar, Archer & Cofrin, LLP (“Lamar”) to represent him in legal proceedings against the former owners of his business. Appling incurred significant legal fees, and verbally told Lamar that he would be able to pay them after he received a sizeable tax refund that he was expecting. In reliance upon this statement, the firm continued to represent him through the conclusion of the litigation. Appling received a tax refund, though it was smaller than what he had told Lamar he was anticipating, and he put it into his business rather than paying the debt he owed to Lamar. Lamar obtained a judgment against Appling, and Appling subsequently filed for bankruptcy. Lamar initiated an adversary proceeding to collect the debt, and the bankruptcy court ruled that the amount was not dischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) because Lamar had justifiably relied upon Appling’s fraudulent statements. The district court affirmed. +The 11th Circuit reversed and remanded. Noting a circuit split on how to construe the statute at issue, the court explained that because Appling’s fraudulent statements about his tax refund were not in writing and qualified as statements “respecting [his] . . . financial condition” under § 523(a)(2)(B), the debt could be discharged. +" +TEST_0423,Smith,Wiggins,"Kevin Wiggins was convicted and sentenced to death for a 1988 murder. He appealed, claiming that his attorney's decision not to tell jurors about Wiggins' troubled childhood amounted to ineffective counsel because it resulted in a harsher sentence. Prosecutors countered that the attorney's decision had been carefully considered, and that a different decision would not necessarily have resulted in a different outcome. Therefore, they said, it was not ineffective counsel. A Maryland district court sided with Wiggins; the Maryland Supreme Court reversed, siding with the state. On appeal to federal court, the 4th Circuit Court of Appeals affirmed, ruling for Maryland. +" +TEST_0424,United States,Arizona et al.,"On April 23, 2010, the Arizona State Legislature passed S.B. 1070; Governor Jan Brewer signed the bill into law. On July 6, 2010, the United States sought to stop the enforcement of S.B. 1070 in federal district court before the law could take effect. The district court did not enjoin the entire act, but it did enjoin four provisions. The court enjoined provisions that (1) created a state-law crime for being unlawfully present in the United States, (2) created a state-law crime for working or seeking work while not authorized to do so, (3) required state and local officers to verify the citizenship or alien status of anyone who was lawfully arrested or detained, and (4) authorized warrantless arrests of aliens believed to be removable from the United States. +Arizona appealed the district court's decision to the U.S. Court of Appeals for the Ninth Circuit. The appellate court affirmed the district court's decision, holding that the United States had shown that federal law likely preempted: (a) the creation of a state-crime for violation of federal registration laws, (b) the creation of a state-crime for work by unauthorized aliens, (c) the requirement to verify citizenship of all detained persons, and (d) the authorization for police officers to effect warrantless arrests based on probable cause of removability from the United States. Arizona appealed the court's decision. +" +TEST_0425,Maryland,Jerome Edward Buie,"On February 3, 1986, two men robbed a Godfather’s Pizza in Prince George’s County, Maryland. One of the men was wearing a red running suit. Later that day, the police obtained warrants for the arrest of Jerome Edward Buie and Lloyd Allen and put Buie’s house under surveillance. On February 5, the police arrested Buie in his house. Police found him hiding in the basement. Once Buie emerged and was handcuffed, an officer went down to determine if there was anyone else hiding. While in the basement, the officer saw a red running suit in plain view and seized it as evidence. +The trial court denied Buie’s motion to suppress the running suit evidence, and he was convicted. The Court of Special Appeals of Maryland affirmed the trial court’s denial of the motion. The Court of Appeals of Maryland reversed. +" +TEST_0426,Masson,"New Yorker Magazine, Inc.","After Jeffrey Masson was fired from his position at the Sigmund Freud Archives, Janet Malcolm interviewed him for an article in the New Yorker magazine. Malcolm_s article included many long direct quotations from Masson. The article presented Masson as extremely arrogant and condescending; at one point, he was quoted as calling himself ""the greatest analyst who ever lived."" However, Malcolm fabricated many of the more distasteful quotations. Masson sued for libel. The District Court dismissed the case on First Amendment free speech grounds because Masson was a public figure. +" +TEST_0427,"Johnson Controls, Inc.",Automobile Workers,"Johnson Controls, Inc. (""Johnson"") manufactures batteries whose assembly process entails exposure to high levels of lead. After discovering that eight of its female employees became pregnant while maintaining blood lead levels in excess of those thought safe by the Occupational Safety and Health Administration (OSHA), Johnson barred all its female employees - except those with medically documented infertility - from engaging in tasks that require exposure to lead in access of recommended OSHA levels. Following its passage, the United Automobile Workers (UAW) challenged Johnson's fetal-protection policy as sexually discriminatory in violation of Title VII of the 1964 Civil Rights Act (Act). When the Appellate Court affirmed a district court decision in favor of Johnson, the UAW appealed and the Supreme Court granted certiorari. +" +TEST_0428,Moseley,"V Secret Catalogue, Inc.","V Secret Catalogue, Inc., the affiliated corporations that own the Victoria's Secret trademarks, filed suit, alleging that the name Victor's Little Secret contributed to ""the dilution of famous marks"" under the Federal Trademark Dilution Act (FTDA). The law defines ""dilution"" as ""the lessening of the capacity of a famous mark to identify and distinguish goods or services."" The District Court granted V Secret summary judgment on the FTDA claim. The Court of Appeals affirmed, finding that V Secret's mark was distinctive and that the evidence established dilution even though no actual harm had been proved. +" +TEST_0429,"Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division",Scott Louis Panetti,"Scott Louis Panetti was convicted of the murder of his wife's parents and sentenced to death. He petitioned for a writ of habeas corpus in federal District Court, claiming mental illness. The Supreme Court had ruled in Ford v. Wainwright that execution of the mentally ill is barred by the Eighth Amendment's prohibition on cruel and unusual punishment. A psychiatric evaluation found that Panetti believed that the State was ""in league with the forces of evil"" and was executing him in order to ""prevent him from preaching the Gospel."" However, doctors also found Panetti to be aware of his crime, of the fact that he was to be executed, and of the State's stated reason for executing him. The District Court concluded that he was sufficiently sane to be executed. +On appeal, the U.S. Court of Appeals for the Fifth Circuit affirmed the lower court. The Fifth Circuit rejected Panetti's argument that an inmate cannot be executed if he lacks a rational understanding of the State's motivation for the execution. The Court of Appeals instead relied on Justice Lewis Powell's concurrence in Ford, holding that an inmate need only have an awareness of the State's reason for execution, not necessarily a rational understanding of it. +" +TEST_0430,Whren,United States,"Whren and Brown were driving in a 'high drug area.' Some plainclothes officers, while patrolling the neighborhood in an unmarked vehicle, noticed Whren and Brown sitting in a truck at an intersection stop-sign for an usually long time. Suddenly, without signaling, Whren turned his truck and sped away. Observing this traffic violation, the officers stopped the truck. When they approached the vehicle, the officers saw Whren holding plastic bags of crack cocaine. Whren and Brown were arrested on federal drug charges. Before trial, they moved to suppress the evidence contending that the officers used the traffic violation as a pretext for stopping the truck because they lacked either reasonable suspicion or probable cause to stop them on suspicion of drug dealing. The District Court denied the motion to suppress and convicted the petitioners. The Court of Appeals affirmed. The Supreme Court granted certiorari. +" +TEST_0431,Federal Energy Regulatory Commission,New York,"In 1935, when the Federal Power Act (FPA) became law, most electric utilities operated as separate, local monopolies subject to state or local regulation and their sales were bundled, meaning that consumers paid a single charge for both the cost of the electricity and the cost of its delivery. Section 201(b) of the FPA provides the Federal Energy Regulatory Commission (FERC) with jurisdiction over ""the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce"" and section 205 prohibits unreasonable rates and undue discrimination ""with respect to any transmission or sale subject to the [Commission's] jurisdiction."" Currently, public utilities still retain ownership of the transmission lines that their competitors must use to deliver electricity to wholesale and retail customers and thus can refuse to deliver their competitors' energy or deliver that power on terms and conditions less favorable than those they apply to their own transmissions. In Order No. 888, FERC found such practices discriminatory under section 205. FERC then ordered the unbundling of wholesale generation and transmission services, which means that each utility must state separate rates for its wholesale generation, transmission, and ancillary services; imposed a similar open access requirement on unbundled retail transmissions in interstate commerce; and declined to extend the open access requirement to the transmission component of bundled retail sales. Ultimately, the Court of Appeals upheld the order. +" +TEST_0432,"James A. Watts, et al.","Seward School Board, et al.","James A. Watts, a schoolteacher in Alaska, held private conversations with other teachers to obtain their support to remove the superintendent from his position. His further language included words to the effect of ‘we are unable to get rid of the superintendent, so let’s get rid of the school board.’ The Seward School Board considered Watts' conduct to be “immoral,” defined as “conduct of the person tending to bring the individual concerned or the teaching profession into public disgrace or disrespect” under the relevant Alaska statute, so Watts was dismissed from his teaching job. +Watts' dismissal was upheld in both the Alaska Superior Court and the Alaska Supreme Court. The Alaska Supreme Court held that Watts' conduct “had a tendency to bring the teaching profession into public disgrace or disrespect.” Watts then filed a petition for a writ of certiorari and argued that his dismissal violated his First Amendment right because the school board was attempting to limit his freedom of political speech. He also argued a violation of his Fourteenth Amendment right because he should have the same equal protection for expression as any other private individual. After Watts filed his petition, Alaska amended the relevant state statute to reflect the rights of teachers to comment and criticize school administrators just as any private individual would have the right to do. Under the amended statute, Watts would not have been dismissed from his job. +" +TEST_0433,"John Harris, Jr. et al.","Evelle J. Younger, District Attorney of Los Angeles County","California's Criminal Syndicalism Act prohibited advocating, teaching, or aiding the commission of a crime or unlawful acts of violence or terrorism. John Harris, a socialist, was indicted under the statute. Harris claimed the law had a ""chilling effect"" on his freedom of speech. After a California state court upheld Harris' conviction, a federal district court struck down the Act because of vagueness and overbreadth. +" +TEST_0434,Clayvin Herrera,Wyoming,"Clayvin Herrera is an enrolled member of the Crow Tribe of Indians. Herrera and several other tribal members went elk hunting on the Crow Reservation, and at some point, followed several elk across a fence, thereby leaving the Crow Reservation and entering the Big Horn National Forest in Wyoming. They shot three bull elk and took the meat with them to Montana. None of the hunters had a license, and it was closed season. +Herrera was cited with two hunting-related misdemeanors under Wyoming law. He moved to dismiss the charges under the Supremacy Clause of the US Constitution and the Laramie Treaty of 1868. He argued that the treaty gave the Crow Tribe the right to hunt off the reservation and that the treaty was still valid and thus preempted state law. Bound by the Tenth Circuit’s 1995 decision in Crow Tribe of Indians v. Repsis, 73 F.3d 982 (10th Cir. 1995), the state court held that Crow Tribe members do not have off-reservation treaty hunting rights anywhere within the state of Wyoming. Herrera was tried and convicted by a jury on both counts. He appealed the lower court’s pretrial determination on the off-reservation treaty hunting right. Reviewing the lower court’s conclusions de novo, the state appeals court affirmed the lower court. +" +TEST_0435,Lakhdar Boumediene et al.,"George W. Bush, President of the United States, et al.","In 2002 Lakhdar Boumediene and five other Algerian natives were seized by Bosnian police when U.S. intelligence officers suspected their involvement in a plot to attack the U.S. embassy there. The U.S. government classified the men as enemy combatants in the war on terror and detained them at the Guantanamo Bay Naval Base, which is located on land that the U.S. leases from Cuba. Boumediene filed a petition for a writ of habeas corpus, alleging violations of the Constitution's Due Process Clause, various statutes and treaties, the common law, and international law. The District Court judge granted the government's motion to have all of the claims dismissed on the ground that Boumediene, as an alien detained at an overseas military base, had no right to a habeas petition. The U.S. Court of Appeals for the D.C. Circuit affirmed the dismissal but the Supreme Court reversed in Rasul v. Bush, which held that the habeas statute extends to non-citizen detainees at Guantanamo. +In 2006, Congress passed the Military Commissions Act of 2006 (MCA). The Act eliminates federal courts' jurisdiction to hear habeas applications from detainees who have been designated (according to procedures established in the Detainee Treatment Act of 2005) as enemy combatants. When the case was appealed to the D.C. Circuit for the second time, the detainees argued that the MCA did not apply to their petitions, and that if it did, it was unconstitutional under the Suspension Clause. The Suspension Clause reads: ""The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."" +The D.C. Circuit ruled in favor of the government on both points. It cited language in the MCA applying the law to ""all cases, without exception"" that pertain to aspects of detention. One of the purposes of the MCA, according to the Circuit Court, was to overrule the Supreme Court's opinion in Hamdan v. Rumsfeld, which had allowed petitions like Boumediene's to go forward. The D.C. Circuit held that the Suspension Clause only protects the writ of habeas corpus as it existed in 1789, and that the writ would not have been understood in 1789 to apply to an overseas military base leased from a foreign government. Constitutional rights do not apply to aliens outside of the United States, the court held, and the leased military base in Cuba does not qualify as inside the geographic borders of the U.S. In a rare reversal, the Supreme Court granted certiorari after initially denying review three months earlier. +" +TEST_0436,William A. Frazee ,"Illinois Dept. of Employment Security; Sally Ward, Director of the Illinois Dept. of Employment Security; Bruce W. Barnes, Chairman of the Board of Review; Kelly Services","William A. Frazee was laid off from his job with the state of Illinois. Kelly Services, a temp agency, offered him a job at a department store working Wednesday through Sunday. Frazee “as a Christian” refused to work Sundays. The store did not give Frazee the job. Frazee did not claim that he was part of a particular religious sect or church or that working on Sundays violated a tenant of an established religious body. When Frazee applied for unemployment benefits, the Illinois Department of Employment Security denied his claim because he turned down a job offer. The Circuit Court of the 10th Judicial Circuit of Illinois affirmed. The Appellate Court of Illinois affirmed, holding that the free exercise clause does not require accommodations for “personal professed religious belief[s]”. +" +TEST_0437,Holmes County Board of Education,Beatrice Alexander,"The Supreme Court’s decision in Brown v. Board of Education, ordered school districts across the country to desegregate “with all deliberate speed.” However, nearly fifteen years after this order, many school districts, including schools in Holmes County, Mississippi, were either still segregated or saddled with laws making it very difficult for full integration to take place. In the summer of 1969, the United States District Court for the Southern District of Mississippi entered an order allowing the schools in Mississippi to continue using “freedom of choice” laws, which allowed parents to choose which school their children attended. The petitioners appealed to the United States Court of Appeals for the Fifth Circuit on July 23, 1969. That court, in a per curiam decision, reversed the lower court, but required the school districts to create and submit alternate plans by August 27, 1969. The petitioners then appealed.  +" +TEST_0438,West,Gibson,"In 1991, Congress amended Title VII of the Civil Rights Act of 1964 to permit victims of intentional employment discrimination, whether within the private sector or the federal government, to recover compensatory damages. Thereafter, Michael Gibson filed a complaint with the Department of Veterans Affairs, alleging that the Department had discriminated against him by denying him a promotion on the basis of his gender. The Department found against Gibson. Afterwards, however, the Equal Employment Opportunity Commission (EEOC) awarded Gibson the promotion plus backpay. Later Gibson filed suit, in the District Court, seeking compensatory damages and a court order for the Department to comply with the EEOC's order. Subsequently, the Department voluntarily complied with the EEOC's order, but it opposed Gibson's claim for compensatory damages. Ultimately, the District Court dismissed Gibson's complaint. On appeal, the Department supported the District Court's dismissal with the argument that Gibson had failed to exhaust his administrative remedies in respect to his compensatory damages claim; therefore, he could not bring that claim in court. In reversing, the Court of Appeals rejected the Department's argument. The court viewed the EEOC as lacking the legal power necessary to award compensatory damages. Consequently, there was no administrative remedy to exhaust. +" +TEST_0439,Iowa,Coy,"John Coy was tried in an Iowa court for sexually assaulting two 13-year-old girls. When the girls were testifying against Coy, the court placed a large screen in front of him so that the girls would not have to see him. The jury proceeded to convict him. Coy argued that Iowa Code 910A, which provides for the use of a screen in child sexual abuse cases, violated his Sixth Amendment right to confront his accusers face-to-face. He also claimed that the code violated his right to due process, since having a screen placed between him and the girls made him appear guilty before he was properly tried. The trial court dismissed these claims and the Iowa Supreme Court affirmed. +" +TEST_0440,Diana Lucia Montoya Alvarez,Manuel Jose Lozano,"Diana Alvarez and Manuel Lozano, two native Columbians, met while living in London and had a daughter together. At trial Alvarez testified that, from 2005 until 2008, Lozano was abusing and threatening to rape her. Lozano denied these allegations and claimed that, although they had normal couple problems, they were generally ""very happy together."" In November 2008, Alvarez took the child and, after a stay at a women's shelter, moved to her sister's home in New York. A psychiatrist diagnosed the child with post-traumatic stress disorder (PTSD) caused by her experience living in the United Kingdom, moving to America, staying at a women's shelter, and knowing that her mother had been threatened. However, six months later, the child's condition drastically improved. +After Lozano exhausted all remedies within the UK to attempt to locate the child, on November 10, 2010, he filed a Petition for Return of Child under Article 2 of the Hague Convention and the International Child Abduction Remedies Act in U.S. district court. The district court held that the child was now settled in New York and that removing the child would cause undue harm. The U.S. Court of Appeals for the Second Circuit affirmed. +" +TEST_0441,Oregon Department of Agriculture et al.,Anup Engquist,"Anup Engquist, a woman of Indian descent, brought this action against the Oregon Department of Agriculture alleging that a co-worker at the Department harassed her and eventually engineered her termination. Although Engquist asserted numerous claims, a jury in the federal district court only found in her favor on her equal protection, substantive due process, and intentional interference with employment claims. +On appeal, the U.S. Court of Appeals for the Ninth Circuit struck those jury verdicts. Although the Ninth Circuit acknowledged that the Supreme Court had previously dealt with such ""class of one"" equal protection claims eight years ago in a case, Village of Willowbrook v. Olech, involving a village resident suing the village for unjustified zoning decisions, it refused to apply that short, two-page opinion to Engquist's claim. The Ninth Circuit reasoned that the Olech opinion may only apply when the government is in the role of regulator and did not clarify whether it would also apply in an employment context such as this one. In seeking Court review, Engquist noted the pervasive splits in the circuits regarding the proper allocation of the Court's decision in Olech, while Oregon claimed that Olech should be construed narrowly so as to avoid a deluge of petty cases against the government. Oregon also pointed out that even if the case were to be heard, Oregon would have qualified immunity and Engquist would necessarily lose. +" +TEST_0442,"Jarius Piphus, et al.","John D. Carey, et al.","During school hours on January 23, 1974, the principal of the Chicago Vocational High School saw Jarius Piphus, then a freshman, standing on school property sharing an irregularly shaped cigarette with another student. The principal saw a pack of the cigarettes change hands and believed he smelled marijuana. When the principal approached, the students immediately discarded the cigarette. The students were suspended for the customary 20 days for violation of the school drug policy, despite their protests that they had not been smoking marijuana. A few days later, Piphus, his mother and sister, school officials, and representatives from a legal aid clinic met to discuss the suspension, not to determine whether or not Piphus had violated the school drug policy. Piphus and his mother sued the school official in federal district court for violating Piphus’ Fourteenth Amendment right to due process. They sought declaratory and injunctive relief as well as $3000 in damages. +On September 11, 1973, Silas Brisco, a sixth grader at Clara Barton Elementary School in Chicago, received a 20-day suspension for wearing an earring to school in violation of school policy. The previous year, the school principal had enacted a policy banning earrings, as he believed they were associated with gang affiliation. When asked to remove the earring, Brisco refused and stated it was a symbol of black pride. Brisco and his mother sued the school officials in federal district court for violating Brisco’s right to due process. They sought declaratory and injunctive relief and $5000 in damages. +The two cases were consolidated for trial and the district court held that their suspensions violated the Fourteenth Amendment and that the schools were not entitled to immunity, but the court did not award damages. The United States Court of Appeals for the Seventh Circuit reversed and remanded for the district court to reconsider questions of relief and damages. +" +TEST_0443,Colorado Civil Rights Commission; Charlie Craig; and David Mullins,"Masterpiece Cakeshop, Ltd.; and Jack C. Phillips","In July 2012, Charlie Craig and David Mullins went to Masterpiece Cakeshop in Lakewood, CO, and requested that its owner, Jack C. Phillips, design and create a cake for their wedding. Phillips declined to do so on the grounds that he does not create wedding cakes for same-sex weddings because of his religious beliefs. Phillips believes that decorating cakes is a form of art through which he can honor God and that it would displease God to create cakes for same-sex marriages. +Craig and Mullins filed charges of discrimination with the Colorado Civil Rights Division, alleging discrimination based on sexual orientation under the Colorado Anti-Discrimination Act (CADA), §§ 24-34-301 to -804, C.R.S. 2014. After the Division issued a notice of determination finding probable cause, Craig and Mullins filed a formal complaint with the Office of Administrative Courts alleging that Masterpiece discriminated against them in a place of public accommodation in violation of CADA. +The Administrative Law Judge issued a written order finding in favor of Craig and Mullins, which was affirmed by the Colorado Civil Rights Commission. On appeal, the Colorado Court of Appeals subsequently affirmed the Commission's ruling. +" +TEST_0444,Virginia,Bigelow,"A Virginia statute made it a misdemeanor for ""any person, by publication, lecture, advertisement, or by the sale or circulation of any publication, or in any other manner, [from encouraging] or [prompting] the procuring of abortion or miscarriage."" Bigelow, director and managing editor of the Virginia Weekly, was convicted under this law when his newspaper ran an advertisement for an organization which referred women to clinics and hospitals for abortions. +" +TEST_0445,Michigan,"Yellow Transportation, Inc.","Before 1994, the Interstate Commerce Commission (ICC) allowed States to charge interstate motor carriers annual registration fees of up to $10 per vehicle. Under this system, some States discounted or waived registration fees for carriers from other States in exchange for reciprocal treatment. Under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), the ICC implemented a new registration system. ISTEA also capped state registration fees by establishing a fee system that ""will result in a fee for each participating State that is equal to the fee?that such State collected or charged as of?1991."" In 1991, the Michigan Public Service Commission did not levy a fee for Yellow Transportation, Inc.'s trucks pursuant to a reciprocal agreement. However, in 1992, the commission changed how it computed fees and, ultimately, levied a fee of $10 per vehicle on Yellow Transportation's entire fleet. Yellow Transportation sued, alleging that, because Michigan had not collected or charged a 1991 registration fee for those trucks, ISTEA's fee-cap provision prohibits Michigan from levying a fee for them. The Michigan Supreme Court concluded that reciprocity agreements are not relevant in determining what fee a State charged or collected as of 1991. The court reasoned that the new fee system is not based on the fees collected from one company, but at the generic fee Michigan charged or collected from carriers as of 1991. +" +TEST_0446,"Gloria Richardson, Warden",Clarissa Marsh,"Clarissa Marsh, Benjamin Williams, and Kareem Martin were charged with the assault of Cynthia Knighton and the murder of her four-year-old son, Koran, and her aunt, Ollie Scott. Despite Marsh’s objections, she and Williams were tried jointly. The prosecution entered Williams’ confession into evidence, although the confession was redacted to prevent any mention of anyone other than Williams and Martin being involved in the crime. In his closing argument, the prosecution admonished the jury not to use Williams’ confession against Marsh but linked her testimony to events in the confession. The judge also instructed the jury not to use the confession against Marsh. Marsh was convicted, the Michigan Court of Appeals affirmed, and the Michigan Supreme Court denied the appeal. +Marsh filed a writ of habeas corpus and argued that the introduction of the confession violated her rights under the Confrontation Clause. The district court denied the petition. The United States Court of Appeals for the Sixth Circuit reversed. +" +TEST_0447,Edmond,City of Indianapolis,"In 1998, the City of Indianapolis began to operate vehicle checkpoints in an effort to interdict unlawful drugs. At each roadblock, one office would conduct an open-view examination of the vehicle. At the same time, another office would walk a narcotics-detection dog around the vehicle. Each stop was to last five minutes or less, without reasonable suspicion or probable cause. Both James Edmond and Joell Palmer were stopped at one of the narcotics checkpoints. They then filed a lawsuit, on their behalf and the class of motorists who had been stopped or were subject to being stopped, alleging that the roadblocks violated the Fourth Amendment and the search and seizure provision of the Indiana Constitution. The District Court denied a request for a preliminary injunction, holding that the checkpoint program did not violate the Fourth Amendment. The Court of Appeals reversed. +" +TEST_0448,"Charles E. Harris, III",Mary K. Viegelahn,"In February 2010, Charles Harris filed for bankruptcy under Chapter 13 of the Bankruptcy Code. The approved plan instructed Harris to make monthly payments to the trustee Mary Viegelahn for sixty months, as well as monthly payments directly to Chase, which held his mortgage. After the mortgage and secured creditors debts were paid off, the payments would go to Harris' unsecured creditors. In October 2010, Chase moved to lift the automatic stay of Harris' home for his failure to make the mortgage payments, and Harris moved out of his house when the stay was lifted in November 2010. At that point, Viegelahn held the portion of the monthly payments intended to go to Chase. After Harris voluntarily converted his bankruptcy case to Chapter 7, Viegelahn distributed those funds to Harris' creditors. Harris sued for that money and argued that Viegelahn had no authority to disburse funds after conversion of the case. The bankruptcy court issued an order compelling the return of the funds and the district court affirmed. However, the U.S. Court of Appeals for the Fifth Circuit reversed and held that the undistributed payments that the Chapter 13 trustee holds at the time of the case's conversion to Chapter 7 must be distributed to creditors pursuant to the Chapter 13 plan. +" +TEST_0449,Edelman,Lynchburg College,"Title VII of the Civil Rights Act of 1964 requires that a charge of employment discrimination be filed with the Equal Employment Opportunity Commission (EEOC) ""within [a specified number of] days after the alleged unlawful employment practice occurred."" An EEOC regulation permits an otherwise timely filer to verify a charge after the time for filing has expired. In November 1997, Leonard Edelman faxed a letter to the EEOC, claiming that Lynchburg College had subjected him to gender-based, national origin, and religious discrimination after it denied him tenure. The EEOC informed Edelman of the 300-day time limit and sent him a Form 5 Charge of Discrimination, which he returned 313 days after he was denied tenure. The District Court dismissed the Title VII complaint, finding that the letter was not a charge under Title VII because neither Edelman nor the EEOC treated it as one. In affirming, the Court of Appeals concluded that because a charge requires verification and must be filed within the limitations period, it follows that a charge must be verified within that period. +" +TEST_0450,Deondery Chambers,United States,"Deondery Chambers pled guilty to being a felon in possession of a firearm in an Illinois federal court. After finding that Chambers had committed three previous crimes of violence, the judge sentenced him to 188 months in prison. The judge based his sentencing decision on the Armed Career Criminals Act (ACCA) which defines a crime of violence as any crime posing a serious risk of potential injury to another and imposes a sentencing hike on a defendant with three such convictions on his record. On appeal, Chambers argued that one of the prior convictions, for felonious escape under Illinois law, should not qualify as a crime of violence under the ACCA. +The U.S. Court of Appeals for the Seventh Circuit refused to grant Chambers relief. Finding that Chambers had ""knowingly fail[ed] to report to a penal institution"" on several occasions, the equivalent of an actual escape under Illinois law, the court affirmed his sentence. Although the court determined that its precedents compelled such a ruling, the opinion indicated that more research would be needed to determine the desirability of classifying all escapes and failures to report as crimes of violence. For the time being, however, the court perpetuated Illinois' rule that felonious escape of any kind qualifies as a crime of violence for the purposes of the ACCA. +" +TEST_0451,The Florida Bar,Lanell Williams-Yulee,"During her candidacy for County Court Judge in Hillsborough County, Florida, Lanell Williams-Yulee personally solicited campaign contributions. She stated that she served as the ""community Public Defender"" – although her title was ""assistant public defender"" – and inaccurately stated in the media that there was no incumbent in the judicial race for which she was running. +The Florida Bar filed a complaint against Williams-Yulee and alleged that her actions during the campaign violated the rules regulating The Florida Bar. A referee was appointed who suggested that Williams-Yulee receive a public reprimand. Williams-Yulee appealed the referee's finding, and the Supreme Court of Florida held that Williams-Yulee violated bar rules for directly soliciting funds for her judicial campaign. Williams-Yulee appealed and claimed that The Florida Bar rule prohibiting a candidate from personal solicitation of funds violated the First Amendment protection of freedom of speech. +" +TEST_0452,"United Steelworkers of America, AFL-CIO-CLC",Weber,"The United Steelworkers of America and the Kaiser Aluminum and Chemical Corporation implemented an affirmative action-based training program to increase the number of the company's black skilled craft workers. Half of the eligible positions in the training program were reserved for blacks. Weber, who was white, was passed over for the program. Weber claimed that he was the victim of reverse discrimination. These cases (United Steelworkers v. Weber and Kaiser Aluminum v. Weber) were also decided together with United States v. Weber. +" +TEST_0453,Booking.com B.V.,United States Patent and Trademark Office,"Booking.com operates a website on which customers can make travel and lodging reservations and has used the name BOOKING.COM since at least 2006. In 2011 and 2012, Booking.com filed with the U.S. Patent and Trademark Office (USPTO) four trademark applications for the use of BOOKING.COM as a word mark and for stylized versions of the mark. +Under the Lanham Act, marks must be “distinctive” to be eligible for protection, and generic terms are not distinctive. The USPTO examiner rejected Booking.com’s applications, finding that the marks were not protectable because BOOKING.COM was generic as applied to the services for which it sought registration (online hotel reservation services, among others). +The Lanham Act also allows protection for “descriptive” terms that have acquired secondary meaning, or a mental association in the minds of consumers between the proposed mark and the source of the product or service. In the alternative, the USPTO concluded that the marks were merely descriptive and that Booking.com had failed to establish that they had acquired secondary meaning as required for trademark protection. +Booking.com appealed to the Trademark Trial and Appeal Board, which affirmed the rejection of Booking.com’s applications. The Board found that BOOKING.COM was a generic term for these types of services and therefore ineligible for trademark protection. Because “booking” generically refers to “a reservation or arrangement to buy a travel ticket or stay in a hotel room” and “.com” indicates a commercial website, the Board reasoned that consumers would understand the resulting term “BOOKING.COM” to refer to an online reservation service for travel—the very services proposed in Booking.com’s applications. The district court reversed, ruling Booking.com had acquired secondary meaning. A panel of the U.S. Court of Appeals for the Fourth Circuit the district court's reversal. +" +TEST_0454,"Curtis Reid, Superintendent of the District of Columbia Jail",Claris Covert,"Mrs. Covert killed her husband on an airbase in England. Pursuant to a “status-of-forces” executive agreement with England, she was tried and convicted by US court-martial without a jury trial under the Uniform Code of Military Justice (UCMJ). She petitioned a writ of habeas corpus on the grounds that the conviction violated her Fifth & Sixth Amendment rights to be tried by a jury after indictment by a grand jury. +" +TEST_0455,Carter,Minnesota,"Wayne Thomas Carter, Melvin Johns, and Kimberly Thompson were arrested after a police officer observed them through a window bagging cocaine in Thompson's apartment. During the trial in Minnesota state court, the defendants moved to suppress the cocaine as evidence. They argued the officer's initial observation was an unreasonable search and seizure in violation of their Fourth Amendment rights. Subsequently, they were all convicted on state drug charges. The Minnesota trial court held that because they were not overnight social guests they were not protected by the Fourth Amendment. Moreover, the court held that the officer's window-based observation was not a search under the Fourth Amendment. On appeal, the state intermediate appellate court held Carter did not have standing for an objection to the officer's action because his use of the apartment for drug purposes removed any legitimate expectation of privacy. The court also affirmed Johns' conviction . The Minnesota Supreme Court reversed. It held that the defendants had a legitimate expectation of privacy in the invaded place and that the officer's observation constituted an unreasonable search. Minnesota sought a writ of certiorari in the U.S. Supreme Court. +" +TEST_0456,"Clayton K. Watkins, Clerk of the Circuit Court for Montgomery County, Maryland",Roy R. Torcaso,"Roy R. Torcaso was appointed to the office of Notary Public by the Governor of Maryland, but he could not receive his commission to serve because he would not declare his belief in God as the Maryland Constitution required. He sued for his commission in the Maryland Circuit Court on the grounds that the requirement violated his First and Fourteenth Amendment rights. The circuit court rejected his claims and the Court of Appeals of the State of Maryland affirmed. +" +TEST_0457,Thornburgh,American College of Obstetricians and Gynecologists,"In 1982, the state of Pennsylvania enacted legislation that placed a number of restrictions on abortion. The law required the following: ""informed consent"" of the woman, the dissemination of information concerning the risks of abortion, reporting procedures, the use of certain medical techniques after viability, and the presence of a second physician for post-viability abortions. The initial suit was brought against Richard Thornburgh, the Governor of Pennsylvania. +" +TEST_0458,United States,Keanu D.W. Ortiz,"Since shortly after the Civil War, federal law has required express authorization from Congress before active-duty military officers may hold a ""civil office,” including positions that require ""an appointment by the President by and with the advice and consent of the Senate."" 10 U.S.C. § 973(b)(2)(A)(ii). After President Obama nominated and the Senate confirmed Colonel Martin T. Mitchell as a judge of the Article I US Court of Military Commission Review (CMCR), Judge Mitchell continued to serve on the US Air Force Court of Criminal Appeals (CCA). +A judge convicted Keanu Ortiz of possessing and distributing child pornography, and sentenced him to two years' imprisonment and a dishonorable discharge. A panel of the AFCCA, which included Judge Mitchell, affirmed the findings and sentence. Ortiz filed a petition for review with the Court of Appeals for the Armed Forces (CAAF), asking the court to consider whether Judge Mitchell was disqualified from serving on the CCA because he had been appointed to the CMCR. Ortiz claimed that Judge Mitchell's CMCR appointment precluded him from serving on the CCA under both the the federal statute and the Constitution. The CAAF rejected both of Ortiz's arguments. +Note: This case was original consolidated under Dalmazzi v. United States (16-961), and the oral argument audio and transcripts can be found there. +" +TEST_0459,Jacquelyn Vaye Abbott,Timothy Mark Cameron Abbott,"Timothy Abbott, a British citizen, and Jacquelyn Abbott, an American citizen, litigated their divorce in the Chilean courts. Mrs. Abbott was awarded custody of their son, while Mr. Abbott was awarded visitation rights. At Mrs. Abbott's request, the Chilean court entered an order prohibiting the child's removal from Chile by either the father or mother without express mutual consent. One year later, Mrs. Abbott moved the child from Chile without Mr. Abbott's consent. Upon location of the child in Texas, Mr. Abbott requested an order in a Texas federal district court that the child be returned to Chile pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. The district court denied the order holding that the child's removal did not constitute a breach of the father's ""rights of custody"" as defined by the Hague convention. +On appeal, the U.S. Court of Appeals for the Fifth Circuit affirmed, holding that the Chilean court's order and Chilean statute that required father's consent before the child could leave Chile did not give a non-custodial father ""rights of custody"" within the meaning of the Hague Convention. The court stated that Mr. Abbott merely possessed the rights of ""access to the child."" +" +TEST_0460,United States,"Otis Trammel, Jr. ","Otis Trammel, Jr. was indicted on federal drug charges. Before his trial, he advised the court that the Government would call his wife as a witness against him. The indictment named Mrs. Trammel as an unindicted co-conspirator and the Government granted her immunity in exchange for her testimony. Otis moved to assert a privilege against adverse spousal testimony to prevent her from testifying against him. The district court denied the motion, and allowed Mrs. Trammel to testify to any act she observed during the marriage and any communication made in the presence of a third party. Only confidential communications between Mr. and Mrs. Trammel remained privileged and inadmissible. Otis was tried and convicted. On appeal, Otis argued that the district court’s ruling violated Hawkins v. United States where the U.S. Supreme Court held that one spouse may not testify against the other unless both consent. The U.S. Court of Appeals for the 10th Circuit affirmed, holding that the Hawkins did not prevent voluntary testimony of a spouse who appears as an unindicted co-conspirator under grant of immunity. +" +TEST_0461,Arkansas,Epperson,"The Arkansas legislature passed a law prohibiting teachers in public or state-supported schools from teaching, or using textbooks that teach, human evolution. Epperson, a public school teacher, sued, claiming the law violated her First Amendment right to free speech as well as the Establishment Clause. The State Chancery Court ruled that it violated her free speech rights; the State Supreme Court reversed. +" +TEST_0462,"CSX Transportation, Inc.",Georgia State Board of Equalization et al.,"The Tax Injunction Act establishes a general rule that federal courts will not interfere with matters of state taxation, but the Railroad Revitalization and Regulatory Reform Act of 1976 (4-R Act) provides an exception for railroads. In an effort to prevent state tax discrimination against railroads, Section 306 of the 4-R Act requires that the ratio of the assessed value to the true market value of railroad property not exceed by more than five percent the ratio of assessed value to true market value for all other commercial and industrial property in the assessment jurisdiction. This calculation requires that states determine the ""true market value"" of the railroads' property - a valuation that can be subjective. Using a new valuation methodology, the Georgia State Board of Equalization appraised the property of the railroad company CSX Transportation, Inc. at $8.2 billion. CSX filed a complaint under the 4-R Act, noting that the old appraisal methodology would have valued the property at only $6 billion. Despite CSX's argument that the 4-R Act allows railroads to challenge state valuation methods, the district court ruled that the only the state's methodology could be considered. +The U.S. Court of Appeals for the Eleventh Circuit affirmed the lower court. The Eleventh Circuit ruled that in the absence of a clear statement in the 4-R Act, principles of federalism weighed against interpreting the Act to give railroads additional power to challenge the taxing authority of the states in federal court. The Circuit Court stood by the general principle that federal courts should not interfere with state taxation policies. Since the 4-R Act did not allow challenges to the state's choice of valuation method, CSX could not bring its arguments that Georgia's methodology was faulty. +" +TEST_0463,"Babbitt, Secretary Of Interior, et al.",Sweet Home Chapter Of Communities For A Great Oregon et al.,"The Endangered Species Act requires that no person ""take"" an endangered or threatened species. The Act defines take as ""harass, harm, pursue,"" ""wound,"" or ""kill."" The Secretary of the Interior further characterizes ""harm"" as including ""significant habitat modification or degradation where it actually kills or injures wildlife."" Several persons within forestry industries sued the Secretary, asserting that Congress did not intend for the regulation to include changes in habitat. The District Court found for the Secretary of the Interior. +The Court of Appeals reversed on the basis of noscitur a sociis, which means that the meaning of words is determined by the words around it. Thus, ""harm"" could only include actions applying direct force to the animal. +" +TEST_0464,Michael H. et al.,Gerald D.,"Gerald D. was the presumptive father of Victoria D. since she was born to his wife Carole D.. However, Carole had an adulterous partner, Michael H., who obtained blood tests indicating that he was likely the biological father. When Michael obtained visitation rights in a California state court, Gerald argued that Michael had no ground under California law to challenge Gerald's paternity since more than two years had passed since Victoria's birth. According to Cal. Evid. Code 621, the child is ""presumed to be a child of the marriage"" and another man can only challenge this presumption within two years of birth. The court ruled in favor of Gerald and canceled Michael's visitation rights. Michael claimed that Code 621 violated his Fourteenth Amendment due process rights by denying him an opportunity to establish his paternity. A California Court of Appeals upheld the constitutionality of Code 621. +" +TEST_0465,New Hampshire,Barion Perry,"Barion Perry is in prison for breaking into a car in 2008. Nubia Blandon told Nashua, N.H., police that she observed Perry from her apartment window taking things out of a parked car. She identified Perry at the scene but later could not pick him out of a photo lineup or describe him to police. A second witness identified Perry from the photo lineup. Perry filed a motion to suppress the photo identification because it was ""unnecessarily suggestive"" that he was a criminal. The New Hampshire Supreme Court upheld his conviction. +" +TEST_0466,Timothy Mark Cameron Abbott,Jacquelyn Vaye Abbott,"Timothy Abbott, a British citizen, and Jacquelyn Abbott, an American citizen, litigated their divorce in the Chilean courts. Mrs. Abbott was awarded custody of their son, while Mr. Abbott was awarded visitation rights. At Mrs. Abbott's request, the Chilean court entered an order prohibiting the child's removal from Chile by either the father or mother without express mutual consent. One year later, Mrs. Abbott moved the child from Chile without Mr. Abbott's consent. Upon location of the child in Texas, Mr. Abbott requested an order in a Texas federal district court that the child be returned to Chile pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. The district court denied the order holding that the child's removal did not constitute a breach of the father's ""rights of custody"" as defined by the Hague convention. +On appeal, the U.S. Court of Appeals for the Fifth Circuit affirmed, holding that the Chilean court's order and Chilean statute that required father's consent before the child could leave Chile did not give a non-custodial father ""rights of custody"" within the meaning of the Hague Convention. The court stated that Mr. Abbott merely possessed the rights of ""access to the child."" +" +TEST_0467,Halo Electronics,"Pulse Electronics Inc., et al.","Halo Electronics, Inc. (Halo) and Pulse Electronics, Inc. (Pulse) are both suppliers of electronic components. Halo owns three patents regarding surface mount electronic packages; Pulse designs and sells surface mount electronic packages and does its manufacturing in Asia. In 2002, Halo unsuccessfully attempted to license their patents to Pulse. In 2007, Halo sued Pulse for patent infringement. The district court held that Pulse infringed on Halo’s patents with products shipped into the United States, had induced others to infringe on products delivered outside of the U.S. but ultimately imported into the U.S. as finished products, and found that it was highly probable that Pulse’s infringement was willful. The court later found that Pulse’s infringement was not willful. The U.S. Court of Appeals for the Federal Circuit affirmed and held that there was no “willful infringement.” In determining that there was no willful infringement, the appellate court applied a rigid two-part test established in In re Seagate that required that willfulness be proven on both an objective and subjective basis. In this case, the appellate court held that the objective prong was not met. This two-part test is similar to one the Supreme Court struck down last term in Octane Fitness, LLc v. ICON Health & Fitness, which dealt with a test for awarding attorneys fees. +In the consolidated case, Stryker Corporation (Stryker) sued Zimmer, Inc. (Zimmer) over patent infringement of medical equipment. Stryker and Zimmer are both competitors in the market for pulsed lavage devices, which deliver pressurized irrigation for certain medical procedures in orthopedic medicine. Stryker holds three patents for pulsed lavage devices that it claimed Zimmer had infringed. The district court found Zimmer liable for patent infringement. The jury awarded Stryker treble damages as allowed under 35 U.S.C. § 284 on the grounds that Zimmer intentionally violated Stryker’s patents. Zimmer appealed to the U.S. Court of Appeals for the Federal Circuit, which requires that the patent-holder prove the infringement was willful to be eligible for treble damages. Therefore, the appellate court overturned the award for treble damages on the grounds that Zimmer did not intentionally violate Stryker’s patents. +" +TEST_0468,Bose Corporation,"Consumers Union of United States, Inc.","Bose Corporation, a loudspeaker manufacturer, brought a product disparagement action against Consumer Union for publishing a negative review of Bose products. Among other comments, Consumer Union's article mistakenly said that Bose loudspeakers caused sounds of individual musical instruments to wander ""about the room"" when they in fact merely wandered ""along the wall[s]."" Ruling in favor of Bose, the District Court found that the article's statements were factually wrong and made with ""actual malice."" On appeal, the Court of Appeals reversed as it found the lower court's ruling to be clearly erroneous. The Supreme Court granted Bose certiorari. +" +TEST_0469,Billy J. Taylor,State of Louisiana,"Billy J. Taylor was indicted on kidnapping charges by the grand jury of St. Tammany Parish. The day before his trial was supposed to start, he filed a motion to quash the petit jury that was selected for his trial because he argued that women were systematically excluded, which denied him a right to trial by a jury of his peers. Although 53% of eligible jurors in his district were female, only 10% of the jury wheel was female. This discrepancy was due to an article of the Louisiana Constitution that specifies that a woman could not be selected for jury service unless she had previously submitted a written declaration of her desire to serve. The trial court dismissed Taylor’s motion, and he was tried and found guilty. He appealed to the Louisiana Supreme Court, which held that the article regulating women’s jury service did not violate federal law. +" +TEST_0470,Edwin D. Lee,United States,"Edwin Lee, a member of the Old Order Amish, employed several other Amish workers on his farm and in his carpentry shop. He did not pay quarterly social security taxes, and in 1978, the Internal Revenue Service (IRS) assessed $27,000 in unpaid taxes. Lee paid the portion due for the first quarter of 1973 and sued for a refund. Lee argued that the tax violated his First Amendment right to free exercise of religion. In the Amish religion, it is a sin not to provide for the community’s elderly and needy citizens. Lee argued that paying the federal government for Social Security violates that provision of his religion by giving the responsibility of caring for the elderly and needy to the government. The district court held that the Social Security tax was unconstitutional as applied. The court also noted that §1402(g) provides an exception to the social security tax for certain self employed individuals. The U.S. Supreme Court heard this case on direct appeal. +" +TEST_0471,Romer,Evans,"Colorado voters adopted Amendment 2 to their State Constitution precluding any judicial, legislative, or executive action designed to protect persons from discrimination based on their ""homosexual, lesbian, or bisexual orientation, conduct, practices or relationships."" Following a legal challenge by homosexual and other aggrieved parties, the state trial court entered a permanent injunction enjoining Amendment 2's enforcement. The Colorado Supreme Court affirmed on appeal. +" +TEST_0472,Dwight Strickland et al.,"Gary Bartlett, Executive Director of North Carolina State Board of Elections, et al.","Dwight Strickland, a commissioner in Pender County, NC, along with several other county commissioners, brought this suit against state officials alleging that their redistricting plan was in violation of the North Carolina Constitution. The state officials argued that the redistricting plan was required by the Voting Rights Act of 1965 (VRA), stating that the minority group in question, comprised of African-American North Carolina citizens, was sufficiently large and geographically compact to constitute a majority under the terms of the VRA. The North Carolina Superior Court agreed with the state officials and entered summary judgment in their favor. +The North Carolina Supreme Court reversed on appeal, holding that the minority group did not comprise a numerical majority of citizens and, therefore, redistricting was not required by the VRA. Because the redistricting plan did not meet the conditions of the VRA, the court said, it had to comply with certain terms of North Carolina's Constitution setting a minimum county population for redistricting. The court found that the county did not meet this requirement, and declared the plan unlawful. +" +TEST_0473,Cromartie,Hunt,"In Shaw v. Hunt, the U.S Supreme Court found that North Carolina's legislature violated the Constitution by using race as the predominant factor in drawing its Twelfth Congressional District's 1992 boundaries. In 1997, after the State redrew those boundaries, the District Court found that the new boundaries had also been created with dominating racial considerations. In reversing, the Court found, in Hunt v. Cromartie, that the evidence was insufficient to show an unconstitutional race-based objective. On remand, the District Court again found that North Carolina's legislature had used race driven criteria in drawing the 1997 boundaries based on the district's shape, its splitting of towns and counties, and its heavily African-American voting population. The court newly found that the legislature had drawn the boundaries to collect precincts with a high racial, rather than political, identification. (Argued and decided with 99-1865, Smallwood v. Cromartie.) +" +TEST_0474,Charles R. Carney,California,"On May 31, 1979, Drug Enforcement Agency officers observed Charles Carney approach a youth who followed him into a motor home parked in a lot in downtown San Diego. Having previously received a tip that Carney was using the motor home to sell marijuana in exchange for sexual favors, the officers kept the motor home under surveillance while the two were inside. When the youth exited, the officers contacted him, and he confirmed that Carney gave him marijuana in exchange for receiving Carney’s sexual advances. The officers knocked on the door of the mobile home, identified themselves, and entered without a warrant or consent. They found marijuana, plastic bags, and a scale on the table. The officers arrested Carney for possession of marijuana with intent to sell. +Carney moved to suppress the evidence discovered in the warrantless search of the motor home, and the trial court denied the motion. Carney pleaded no contest, was convicted, and placed on probation. He appealed, and the California Court of Appeals upheld the conviction on the grounds that the motor home fell under the vehicle exception to the Fourth Amendment. The Supreme Court of California reversed. +" +TEST_0475,Proxmire,Hutchinson,"In early 1975, Senator William Proxmire implemented what he called the ""Golden Fleece Award of the Month."" The award was given out to governmental agencies which sponsored programs and research that Proxmire found to be a waste of tax dollars. One Golden Fleece went to federal agencies sponsoring the research of Ronald Hutchinson, a behavioral scientist. Proxmire detailed the ""nonsense"" of Hutchinson's research on the floor of the Senate, in conferences with his staff, and in a newsletter sent to over 100,000 of his constituents. Hutchinson sued for libel, arguing that Proxmire's statements defamed his character and caused him to endure financial loss. +" +TEST_0476,Marshall Donald Murphy,Minnesota,"In 1974, Marshall Murphy was questioned by Minneapolis police about the rape and murder of a teenage girl, but he was never charged. In 1980, Murphy pleaded guilty to false imprisonment in an unrelated criminal sexual conduct case and was sentenced to a 16-month suspended prison sentence and three years probation. During probation, Murphy was required to participate in a treatment program for sex offenders at Alpha House and to see a probation officer. While at Alpha House, Murphy admitted to the 1974 rape and murder. An Alpha House counselor contacted Murphy’s probation officer about the admission and the officer called Murphy in for a meeting. During the meeting Murphy became angry and said he “felt like calling a lawyer” but still admitted to the rape and murder. The probation officer relayed the information from the meeting to the police, and Murphy was arrested and charged with first-degree murder. +At trial, Murphy tried to suppress testimony about the confession, arguing that it was obtained in violation of the Fifth and Fourteenth Amendments. The trial court found that Murphy was not in custody at the time of the confession, and the confession was not compelled or involuntary. The Minnesota Supreme Court reversed, concluding that the confession violated the Fifth Amendment because Murphy’s parole officer knew that Murphy’s answers were likely to be incriminating. +" +TEST_0477,United States and United States ex rel James S. Stone,Rockwell International Corp. et al.,"Stone sued his employer, nuclear weapons plant operator Rockwell International, under the False Claims Act (FCA). He took advantage of the FCA's ""qui tam"" provision, which allows an individual to sue on behalf of the government. Stone alleged that Rockwell had made false claims about the environmental safety of ""pondcrete,"" a mixture of cement and sludge used for nuclear waste storage. In a qui tam action under the FCA, the person bringing the suit must be the ""original source"" of the information on which his claim is based. Rockwell argued that Stone was not an original source because he did not have ""direct and independent knowledge"" of the information at issue in the suit, as required by the FCA. +The District Court ruled that Stone qualified as an original source, and a divided panel of the U.S. Circuit Court for the Tenth Circuit affirmed. The Supreme Court agreed to resolve the question of how much and what kind of knowledge an FCA qui tam plaintiff must have. +" +TEST_0478,Commissioner,Freytag,"Under 26 U.S.C. 7443A(b), the Chief Judge of the United States Tax Court (an Article I Court established by Congress) may appoint special trial judges to certain specified proceedings explicitly laid out in the statute, in which the special trial judges may issue decisions. He may also appoint them to ""any other proceeding which the chief judge may designate,"" but in those unspecified cases the special trial judge may not issue a final decision, only draft an opinion which must be reviewed by a regular judge of the Tax Court. +Freytag and several other defendants were charged with using a tax shelter to avoid paying roughly $1.5 billion in taxes. They consented to have their case heard by a special trial judge. The trial judge eventually drafted an opinion unfavorable to their position, which was reviewed and adopted by the Chief Judge. They then appealed the case, arguing that their case was too complex to assign to a special trial judge under section 7443A. Congress's decision to allow the Chief Judge to make such an assignment, they argued, violated the Appointments Clause of the Constitution (Article II Section 2), which provides that Congress may ""vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."" Freytag asserted that the ""Courts of Law"" referred to there were only Article III courts (Federal District Courts, Circuit Courts of Appeals, and the Supreme Court, all of which have judges with lifetime tenure), and that the Chief Judge was part of an Article I court, meaning that Congress could not assign him the power of appointment. The Fifth Circuit Court of Appeals rejected that argument, affirming the Tax Court's decisions. +" +TEST_0479,Oregon,Moises Sanchez-Llamas,"Under Article 36 of the Vienna Convention, a treaty to which the U.S. is a party, any person detained in a foreign country has the right to notify the consulate of his home country of his detention. +Moises Sanchez-Llamas, a Mexican national, was arrested for his role in a shootout with the police. He was given a Miranda warning, but not informed of his right under Article 36 to notify his consulate. After Sanchez-Llamas made incriminating statements to the police, he was charged with attempted murder. Sanchez-Llamas moved to dismiss the charge. He argued that he had a right under Article 36 which had been violated, and that his confession should consequently be inadmissible as evidence. The trial court denied the motion. The Oregon Court of Appeals and the Oregon Supreme Court both affirmed, holding that the Vienna Convention does not create individual rights, but only rights of countries. +Mario Bustillo, a Honduran national, was arrested for murdering a man with a baseball bat. He was not informed that Article 36 would allow him to notify his consulate of his arrest. At trial, Bustillo's counsel brought witnesses testifying that another man had committed the crime. Nevertheless, Bustillo was convicted of first-degree murder, and the conviction was affirmed on appeal. Bustillo then filed a petition for review in state habeas court. He argued for the first time that his conviction should be thrown out because his Article 36 right to notify his consulate had been violated. The state habeas court denied the petition. The court ruled that the petition was ""procedurally barred"" under state law because he had failed to raise the issue at trial. The Virginia Supreme Court refused to hear an appeal. +" +TEST_0480,Echazabal,"Chevron U.S.A., Inc.","Beginning in 1972, Mario Echazabal worked for independent contractors at an oil refinery owned by Chevron U.S.A. Inc. When Echazabal applied for a job directly with Chevron, the company's physical examination revealed he had a liver condition, the cause identified as Hepatitis C. Chevron's doctors said that the condition would be exacerbated by continued exposure to toxins at the refinery. In response to Chevron's request that the refinery reassign Echazabal to a job without exposure to toxins or remove him, the contractor employing him laid him off. Echazabal filed suit, claiming that Chevron's action violated the Americans with Disabilities Act of 1990 (ADA). Under an Equal Employment Opportunity Commission (EEOC) regulation that permits the defense that a worker's disability on the job would pose a direct threat to his health, Chevron defended its action. The District Court granted Chevron summary judgment. In reversing, the Court of Appeals found that the regulation exceeded the scope of permissible rulemaking under the ADA. +" +TEST_0481,"Abortion Rights Mobilization, Inc.",United States Catholic Conference,"Abortion Rights Mobilization, Inc. and a collection of tax-paying and tax-exempt abortion rights supporters (ARM) sued the Secretary of the Treasury, the Commissioner of Internal Revenue, the United States Catholic Conference, and the National Conference of Catholic Bishops (Conferences). ARM alleged that the Conferences participated in political activities in violation of U.S. laws governing tax-exempt organizations and that this participation created an unfair advantage over other, rule-abiding tax-exempt groups and infringed upon the plaintiffs’ ability to participate in the political process as voters. After the court granted the Conferences motion to be dismissed as parties to the suit for lack of subject matter jurisdiction, ARM sought financial documents and other information from the Conferences to support their claims against the remaining defendants. When the Conferences refused to comply, the district court held them in civil contempt. On appeal, the Conferences contended that ARM lacked standing to bring its case against the government officials and, therefore, the court did not have the power to issue the contempt citation under Article III. The U.S. Court of Appeals for the Second Circuit affirmed and held that witnesses may challenge a contempt citation only on the grounds that the issuing court lacked jurisdiction to hear the underlying dispute. +  +" +TEST_0482,United States,William Freeman,"William Freeman was charged with one count of crack possession, among other charges, and entered a plea agreement that included a sentence of 106 months. After his agreement was accepted by the trial judge and his sentence was entered, the U.S. Sentencing Commission amended the Sentencing Guidelines to reduce the disparity in the treatment of crack and powder cocaine, and made the amendment retroactive. Freeman sought to reduce his sentence accordingly. +But in December 2008, the U.S. District Court for the Western District of Kentucky refused to do so. In November 2009, the U.S. Court of Appeals for the Sixth Circuit affirmed. +" +TEST_0483,"American Trucking Associations, Inc.",Whitman,"Section 109(a) of the Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) Administrator to promulgate national ambient air quality standards (NAAQS) for each air pollutant for which ""air quality criteria"" have been issued under section 108. In 1997, Carol Browner, the Administrator of the EPA, revised the ozone and particulate matter NAAQS. Afterwards, her revised NAAQS were challenged in court. The District of Columbia Circuit found that section 109(b)(1), which instructs the EPA to set standards, delegated legislative power to the Administrator in contravention of the Federal Constitution because the court found that the EPA had interpreted the statute to provide no ""intelligible principle"" to guide the agency's exercise of authority. The court remanded the NAAQS to the EPA. The courts also held to its rule that the EPA could not consider implementation costs in setting the NAAQS. Additionally, the court rejected the EPA's position that the implementation provisions for ozone found in Part D, Subpart 2, of Title I of the CAA, were so tied to the existing ozone standard that the EPA lacked the power to revise the standard. +" +TEST_0484,Holly Wood,"Richard F. Allen, Commissioner, Alabama Department of Corrections, et al.","In 1994, Holly Wood was convicted in an Alabama state court of capital murder during a first-degree burglary and sentenced to death. Both the Alabama Court of Criminal Appeals and the Alabama Supreme Court affirmed the conviction and sentence. Mr. Wood subsequently filed for post-conviction relief under Alabama Rule of Criminal Procedure 32, arguing that he was mentally retarded and thus not eligible for a death sentence and that his trial counsel was ineffective. The Rule 32 court disagreed and denied his petition. Mr. Wood then filed for federal habeas corpus relief in an Alabama federal district court. The district court granted relief, agreeing that Mr. Wood's counsel was ineffective at sentencing because they failed to present evidence of Mr. Wood's deficient intellectual deficiencies. +On appeal, the U.S. Court of Appeals for the Eleventh Circuit reversed. It held that Mr. Wood's counsel was not ineffective. The court reasoned that Mr. Wood's attorneys acted reasonably when they decided it was in Mr. Wood's best interest to leave out information that illustrated his mental deficiencies. Moreover, the court recognized that while Mr. Wood's counsel included an inexperienced attorney, he merely acted as an assistant to the two experienced attorneys chiefly responsible for the case. +" +TEST_0485,Kemna,Spencer,"In 1990, Randy G. Spencer began serving concurrent three-year sentences for convictions of felony stealing and burglary. In 1992, Spencer was released, but later that year his parole was revoked and he was returned to prison. Seeking to invalidate his parole revocation, Spencer filed unsuccessful habeas petitions in state court. Spencer then filed a federal habeas petition, alleging that he had not received due process in the parole revocation proceedings. In 1993, Spencer was re-released on parole before the District Court addressed the merits of his habeas petition. Subsequently, the court dismissed Spencer's petition as moot. The Court of Appeals affirmed. +" +TEST_0486,"George W. Bush, President of the United States, et al.","Fawzi Khalid Abdullah Fahad Al Odah, et al.","Two Australians and 12 Kuwaitis were captured by the American military in Pakistan or Afghanistan during the United States' War on Terror. The captives were transported to the American military base in Guantanamo Bay, Cuba. When their families learned of the arrests, they filed suit in federal district court seeking a writ of habeas corpus that would declare the detention unconstitutional. They claimed that the government's decision to deny the men access to attorneys and to hold them indefinitely without access to a court violated the Fifth Amendment's Due Process Clause. The government countered that the federal courts had no jurisdiction to hear the case because the prisoners were not American citizens and were being held in territory over which the United States did not have sovereignty (the Guantanamo Bay base was leased from Cuba indefinitely in 1903, and Cuba retains ""ultimate sovereignty""). +The district court agreed with the government, dismissing the case because it found that it did not have jurisdiction. The US Court of Appeals for the District of Columbia affirmed the district court's decision. +" +TEST_0487,Quackenbush,Allstate Insurance Company,"The California Insurance Commissioner filed a state court action against Allstate Insurance Co. seeking damages for Allstate's alleged breach of reinsurance agreements in an effort to gather the assets of the defunct Mission Insurance companies. Allstate removed the action to federal court on diversity grounds and filed a motion to compel arbitration under the Federal Arbitration Act. The Commissioner sought to remand the case to state court, arguing that the court should abstain from hearing the case, under Burford v. Sun Oil Co., because its resolution might interfere with California's regulation of insurance insolvencies and liquidations. The District Court agreed, concluded that an abstention was appropriate, and remanded the case to state court without ruling on Allstate's arbitration motion. After determining the appealability of the District Court's remand order, the Court of Appeals vacated the decision and ordered the case sent to arbitration. The court held that abstention was inappropriate in this damages action because a Burford abstention is limited to equitable actions. +" +TEST_0488,Smith,Texas,"Before the Texas jury in Smith's murder trial reached its sentence, the judge issued a ""nullification instruction."" The judge told the jury to consider mitigating evidence when filling out the verdict form. That form consisted of two ""yes"" or ""no"" questions: whether Smith acted deliberately and whether he posed a future danger. The judge told jurors that even if they believed the state had proved that the answer to both questions was ""yes,"" jurors should answer ""no"" to at least one of them if they believed the death sentence should not be imposed because of the mitigating evidence. The jury answered ""yes"" to both questions and sentenced Smith to death. Smith lost his appeal in state court. +" +TEST_0489,Harold Omond Spence ,Washington,"Harold Omand Spence displayed an American flag with a peace symbol made out of removable tape on it outside of his home in Seattle, WA. When officers came to his house he offered to take the flag down, but was arrested, charged, and convicted under a Washington statute that forbade the display of an American flag to which figures symbols or other extraneous material is attached or superimposed. Spence was not charged under the state flag desecration statute. The Washington Court of Appeals reversed, but the Washington Supreme Court reversed and reinstated the conviction. The state supreme court rejected Spence’s argument that the statute violated the First Amendment and was unconstitutionally vague. +" +TEST_0490,Michael Daniel Cuero,Scott Kernan,"In 2005, the State of California charged Michael Cuero with two felonies and a misdemeanor. Cuero initially pleaded “not guilty” but subsequently changed to plead guilty to the two felony counts. Cuero admitted that he had previously served four separate prison terms, including a term for residential burglary, which counts toward California’s “three strikes” law. On his guilty-plea form, Cuero indicated that he understood that he “may receive this maximum punishment as as result of my plea: 14 years, 4 months in State Prison, $10,000 fine and 4 years parole.” After a hearing, the state trial court accepted the plea and granted the State’s motion to dismiss the misdemeanor charge. The court then scheduled a sentencing hearing. +Before the sentencing hearing occurred, the prosecution determined that a second of Cuero’s prior convictions qualified as a “strike” and that the guilty-plea form erroneously listed only one strike. The fact that the present conviction would constitute his third “strike” under the law, Cuero faced instead a minimum sentence of 25 years. The State asked the trial court for permission to amend the criminal complaint accordingly, and over Cuero’s objection, the court granted the State’s motion. However, the court permitted Cuero to withdraw his guilty plea in light of the change. Cuero withdrew his initial guilty plea and entered a new guilty plea to the amended complaint, which charged Cuero with one felony. +The trial court sentenced Cuero to 25 years to life, his conviction and sentence were affirmed on direct appeal, and the California Supreme Court denied a state habeas petition. +Cuero then filed a petition for federal habeas relief in the US District Court for the Southern District of California, which denied his petition. The Ninth Circuit reversed, holding that the state trial court had “acted contrary to clearly established Supreme Court law” by refusing to enforce the original plea agreement.” +  +" +TEST_0491,Diamond,Diehr,"Engineers James Diehr and Theodore Lutton invented an improved press that cured rubber by controlled heating. The press contained a temperature probe which measured the temperature rise of the rubber from within the press. By repeatedly calculating the rubber cure time from this temperature measurement and comparing this computed cure time to the actual elapsed time, the computer was able to determine precisely when to open the press and eject the cured rubber, which then emerged perfectly cured. The patent examiner, viewing all computer programs as unpatentable because of the earlier Supreme Court decision Gottschalk v. Benson (1972), rejected their patent application because, he argued, the inventors had simply combined an unpatentable program with a conventional rubber curing press. An appellate court reversed the Examiner and ordered a patent to issue. The Commissioner of Patents then petitioned successfully to have the Supreme Court review this decision. Before the Supreme Court, the inventors' attorney argued that the steps of continuously measuring temperature and repeatedly recalculating the rubber cure time and comparing it to the elapsed time were new steps that were worthy of patent protection. +" +TEST_0492,Sheppard,Maxwell,"After suffering a trial court conviction of second-degree murder for the bludgeoning death of his pregnant wife, Samuel Sheppard challenged the verdict as the product of an unfair trial. Sheppard, who maintained his innocence of the crime, alleged that the trial judge failed to protect him from the massive, widespread, and prejudicial publicity that attended his prosecution. On appeal from an Ohio district court ruling supporting his claim, the Sixth Circuit Court of Appeals reversed. When Sheppard appealed again, the Supreme Court granted certiorari. +" +TEST_0493,Estate of Romani,United States,"Both a judgment lien and federal tax liens encumbered the real property of Francis Romani's Pennsylvania estate, worth $53,001, following his death. The estate's administrator sought a county court's permission to transfer the property to the judgment creditor. The Government objected to the conveyance, arguing that 31 USC section 3713(a), which provides that a Government claim ""shall be paid first"" when a decedent's estate cannot pay all of its debts, prioritized its payment. Nevertheless, the court authorized the conveyance. Ultimately, the Pennsylvania Supreme Court affirmed. The court concluded that Federal Tax Lien Act of 1966 modified the Government's preference and recognized the priority of many state claims over federal tax liens. +" +TEST_0494,Goldman,Weinberger,"Goldman was a commissioned officer in the United States Air Force, an Orthodox Jew, and an ordained rabbi. He was not allowed to wear his yarmulke while on duty and in Air Force uniform. An Air Force regulation mandated that indoors, headgear could not be worn ""except by armed security police in the performance of their duties."" +" +TEST_0495,Barnhart,"Sigmon Coal Company, Inc.","The Coal Industry Retiree Health Benefit Act of 1992 restructured the system for providing private health care benefits to coal industry retirees by merging two previous benefits plans into the United Mine Workers of America Combined Benefit Fund. The fund is financed by annual premiums assessed against signatory coal operators, or those who signed any agreement requiring contributions to the plans that were merged into the Fund. If the signatory is no longer in business, the Act assigns liability for beneficiaries to a defined group of ""related persons"" based on the Commissioner of Social Security assignments. Shortly after Jericol Mining Co. was formed in 1973 as Irdell Mining, Inc., Irdell purchased the coal mining operating assets of Shackleford Coal Co., which was a signatory to a coal wage agreement while it was in business. Between 1993 and 1997, the Commissioner assigned responsibility for 86 retired miners to Jericol, determining that as a successor in interest to Shackleford, Jericol qualified as a related person. All of these retirees had worked for Shackleford, but none of them had actually worked for Jericol. Jericol filed suit against the Commissioner. The District Court granted Jericol summary judgment, concluding that the Act's classification regime does not provide for the liability of successors of defunct signatory operators. In affirming, the Court of Appeals concluded that Jericol was not a related person to Shackleford and thus could not be held responsible for Shackleford's miners. +" +TEST_0496,Department of the Navy,Glen Scott Milner,"Glen Milner, a member of an organization dedicated to raising community awareness about the dangers of Navy training exercises near Puget Sound, sued the Department of the Navy in a Washington federal district court under the Freedom of Information Act (""FOIA"") to obtain the release of Navy documents relating to the effects of explosions at several locations. The district court granted summary judgment in favor of the Navy. +On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed, holding that documents relating to the effects of explosions constituted internal personnel rules and regulations of the agency which are subject to exemption from disclosure by the FOIA. The court reasoned that such documents are ""predominantly"" for internal agency use that present a risk, that if disclosed, would circumvent agency regulation. +" +TEST_0497,James LaRue,"DeWolff, Boberg & Associates, Inc., et al.","James LaRue participated in a 401(k) retirement savings plan administered by his employer, the management consulting firm DeWolff, Boberg & Associates. Employee benefit plans are regulated under a federal law, the Employee Retirement Income Security Act of 1974 (ERISA). LaRue sought to exercise his option to make certain changes in his investment plan, but DeWolff neglected to make the changes. LaRue claimed that DeWolff's omission had cost him $150,000, and he sued the firm for breach of fiduciary duty, seeking to recover the money. In response, DeWolff argued that ERISA does not provide for the type of individual monetary award sought by LaRue. +Section 502(a)(2) allows plan participants to sue plan administrators for breach of fiduciary duty in order to ""make good to such plan any losses to the plan resulting from each such breach."" DeWolff argued that LaRue's suit was not of the type contemplated by the text of ERISA because LaRue sued to recover losses caused to his own personal retirement plan rather than suing to vindicate the interests of the plan as a whole. LaRue also invoked Section 502(a)(3), which allows plan participants to sue to obtain ""other appropriate equitable relief."" +The U.S. District Court held that LaRue was not entitled to relief under ERISA, and the U.S. Court of Appeals for the Fourth Circuit affirmed. The Fourth Circuit ruled that Section 502(a)(2) was concerned with protecting entire plans from misuse of plan assets and not with providing recovery for losses suffered by individual accounts. The court also rejected LaRue's Section 502(a)(3) claim. It ruled that the phrase ""equitable relief"" rarely includes relief in the form of a monetary award and only when the money has been unjustly possessed by the defendant. +" +TEST_0498,Apfel,Sims,"After a state agency denied Juatassa Sims' application for Social Security disability and Supplemental Security Income benefits, she obtained a hearing before a Social Security Administrative Law Judge (ALJ). The ALJ also denied Sims' claims, concluding that, although she did have some medical impairments, she had not been and was not under a ""disability."" Sims then sought review by the Social Security Appeals Council, which denied review. She next filed suit in the Federal District Court, contending that the ALJ erred in three ways by making selective use of the record, by posing defective questions to a vocational expert, and by failing to order a consultative examination. The District Court rejected her contentions. In affirming, the Court of Appeals concluding that it lacked jurisdiction over two of the contentions because they were not included in Sims' request for review by the Appeals Council. +" +TEST_0499,Metropolitan Housing Development Corporation,Village of Arlington Heights,"The Metropolitan Housing Development Corp. (MHDC) contracted with the Village of Arlington Heights (""Arlington"") to build racially integrated low-and moderate-income housing. When MHDC applied for the necessary zoning permits, authorizing a switch from a single-to a multiple-family classification, Arlington's planning commission denied the request. Acting on behalf of itself and several minority members, MHDC challenged Arlington's denial as racially discriminatory. On appeal from an adverse district court decision, the Court of Appeals reversed and the Supreme Court granted Arlington certiorari. +" +TEST_0500,"City of New London, Connecticut, et al.","Susette Kelo, et al.","New London, a city in Connecticut, used its eminent domain authority to seize private property to sell to private developers. The city said developing the land would create jobs and increase tax revenues. Susette Kelo and others whose property was seized sued New London in state court. The property owners argued the city violated the Fifth Amendment's takings clause, which guaranteed the government will not take private property for public use without just compensation. Specifically, the property owners argued taking private property to sell to private developers was not public use. The Connecticut Supreme Court ruled for New London. +" +TEST_0501,"American Civil Liberties Union, Greater Pittsburgh Chapter",County of Allegheny,"Two public-sponsored holiday displays in Pittsburgh, Pennsylvania, were challenged by the American Civil Liberties Union. The first display involved a Christian nativity scene inside the Allegheny County Courthouse. The second display was a large Chanukah menorah, erected each year by the Chabad Jewish organization, outside the City-County building. The ACLU claimed the displays constituted state endorsement of religion. This case was decided together with Chabad v. ACLU and City of Pittsburgh v. ACLU of Greater Pittsburgh. +" +TEST_0502,"Amnesty International USA, et al.","James R. Clapper, et al.","Several groups, including attorneys, journalists, and human rights organizations, brought a facial challenge to a provision of the Foreign Intelligence Surveillance Act (FISA). The provision creates new procedures for authorizing government electronic surveillance of non-U.S. persons outside the U.S. for foreign intelligence purposes. The groups argue that the procedures violate the Fourth Amendment, the First Amendment, Article III of the Constitution, and the principle of separation of powers. The new provisions would force these groups to take costly measures to ensure the confidentiality of their international communications. The District Court for the Southern District of New York granted summary judgment for the government, holding that the groups did not have standing to bring their challenge. The groups only had an abstract subjective fear of being monitored and provided no proof that they were subject to the FISA. The U.S. Court of Appeals for the Second Circuit reversed, holding that the groups had standing based on a reasonable fear of injury and costs incurred to avoid that injury. +" +TEST_0503,Ortiz,Fibreboard Corporation,"After decades of litigation, Fibreboard Corporation and a group of plaintiffs' lawyers reached a ""Global Settlement Agreement"" of its asbestos personal-injury liability. Subsequently, a group of named plaintiffs filed the present action in Federal District Court, seeking certification for settlement purposes of a mandatory class that comprised three certain groups. Intervening objectors argued that the absence of a ""limited fund"" precluded Rule 23(b)(1)(B) certification. Rule 23(b)(1)(B) provides that ""an action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition: (1) the prosecution of separate actions by or against individual members of the class would create a risk of... (B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests."" The court ruled that both the disputed insurance asset liquidated by the global settlement, and, alternatively, the sum of the value of Fibreboard plus the value of its insurance coverage, as measured by the insurance funds' settlement value, were relevant ""limited funds."" The Court of Appeals affirmed both the class certification and the adequacy of the settlement. The appellate court approved the class certification, under Rule 23(b)(1)(B), on a limited fund rationale based on the threat to other class members' ability to receive full payment from the manufacturer's limited assets. +" +TEST_0504,Graham,Stone,"Sydell Stone and a number of other parents challenged a Kentucky state law that required the posting of a copy of the Ten Commandments in each public school classroom. They filed a claim against James Graham, the superintendent of public schools in Kentucky. +" +TEST_0505,"Empire HealthChoice Assurance, Inc., dba Empire Blue Cross Blue Shield","Denise F. McVeigh, as Administratrix of the Estate of Joseph E. McVeigh","In accordance with the Federal Employees Health Benefits Act of 1959 (FEHBA), the Office of Personnel Management has negotiated a health insurance plan for federal employees with the Blue Cross Blue Shield Association. The plan requires the administrator to make a reasonable effort to recoup amounts paid for medical care from beneficiaries if those beneficiaries receive recoveries from another source (for example, a law suit or settlement against a third party that caused injury). In New York State, the plan is administered by Empire Healthchoice Assurance (Empire). +Empire brought suit in federal district court against the estate of Joseph McVeigh, a former federal employee who was injured in an accident and eventually won a settlement with the third party allegedly responsible for his injuries. Empire sought reimbursement for the money spent on McVeigh's medical care. Denise McVeigh, the administrator of Joseph McVeigh's estate, argued that the district court did not have jurisdiction to hear the case under FEHBA and that it should be heard instead by the state court. The district court and Second Circuit Court of Appeals agreed, dismissing the case for lack of jurisdiction. +" +TEST_0506,United States,Noland,"The IRS filed claims in Bankruptcy Court for taxes, interest, and penalties that accrued when Thomas R. Noland, the trustee of the in-debt First Truck Lines, Inc., sought relief under federal Bankruptcy Code. The Bankruptcy Court held that the claims for taxes and interest were the first priority in the case. Consequently, the court subordinated the penalties, to be adjudicated following the taxes and interest, because the penalties were not financial losses for the IRS. The Court of Appeals affirmed the decision. +" +TEST_0507,City of Edmonds,"Oxford House, Inc.","In Washington State, the City of Edmonds' zoning code provides that the occupants of single-family dwelling units must compose a family, defined as ""persons related by genetics, adoption, or marriage, or a group of five or fewer [unrelated] persons."" Under the code, Oxford House, which operates a group home for 10-12 adults recovering from alcoholism and drug addiction in a neighborhood zoned for single-family residences, was issued a citation. Oxford House asserted that under the Fair Housing Act (FHA), which prohibits discrimination in housing against persons with handicaps, the city had failed to make reasonable accommodations permitting the maintenance of the group home in a single-family zone. Edmonds sought a declaration that the FHA did not apply to the city's zoning code. The District Court held that the city's zoning code rule defining family was exempt from the FHA under as a reasonable restriction regarding the maximum number of occupants permitted to occupy a dwelling. The Court of Appeals reversed. +" +TEST_0508,Financial Oversight and Management Board for Puerto Rico,"Aurelius Investment, LLC, et al.","Since it was ceded to the United States in 1898, Puerto Rico has accumulated substantial debt, in large part due to its ambiguous legal status as a protectorate of the United States and the economically detrimental policies the United States has enacted over the decades. Exacerbated by a series of governmental financial deficits and a recession, Puerto Rico’s debt crisis came to a head in 2015, when its governor announced that the Commonwealth was in a “death spiral” and was unable to pay its debt. In June 2016, President Barack Obama signed into law the Puerto Rico Oversight, Management and Economic Stability Act of 2016 (PROMESA), which gave him authority to appoint a seven-member Financial Oversight and Management Board that would have control over Puerto Rico’s budget and would negotiate the restructuring of its $125 billion indebtedness. President Obama appointed the seven-member board in August 2016 based on lists supplied by Republic and Democratic lawmakers. +A number of creditors and elected officials of Puerto Rico have been dissatisfied with the board and its decisions and brought a lawsuit challenging President Obama’s authority to appoint the board members. The challengers alleged that the Appointments Clause of the U.S. Constitution requires that the Senate confirm high-level federal officers and that the board members were within the scope of this Clause. The federal district court in Puerto Rico ruled against the creditors, finding the board is an instrumentality of the Commonwealth government established pursuant to Congress’s plenary powers under the Territorial Clause and that the board members are not “Officers of the United States.” +The U.S. Court of Appeals for the First Circuit reversed, concluding that the Territorial Clause does not supersede the application of the Appointments Clause in an unincorporated territory and that the board members are “Officers of the United States” because: (1) they occupy “continuing positions,” (2) exercise “significant authority” that is the same or more than that exercised by other officers the U.S. Supreme Court has found to be “Officers of the United States,” and (3) exercise their authority “pursuant to the laws of the United States.” Moreover, these officers are “principal” officers subject to the Appointments Clause because they are answerable to and removable only by the President and are not directed or supervised by others who were appointed by the President with Senate confirmation. +" +TEST_0509,"Superior Court of California, Solano County","Asahi Metal Company, Ltd.","On September 23, 1978, Gary Zurcher lost control of his Honda motorcycle while riding down Highway 80 in Solano County, California. His motorcycle collided with a trailer and killed his passenger and wife, Ruth Ann Moreno. A year later, Zurcher filed a liability suit alleging that the sudden loss of air and subsequent explosion of his rear tire caused the accident. His complaint named Cheng Shin Rubber Industrial Company, the Taiwanese manufacturer of the tube, as a defendant. Cheng Shin sued its co-defendant, Asahi Metal Industry Company, the Japanese manufacturer of the tube's valve assembly. Zurcher's claim was eventually settled, which left the suit against Asahi still outstanding. +Asahi filed a motion with the superior court to quash the summons by arguing that the court had no jurisdiction over the company. The Court denied the motion because Asahi does business internationally and therefore should be subject to international laws. The Court of Appeal of the State of California ordered the Superior Court to grant the motion because it was not reasonably foreseeable for Asahi products to end up in California. The Supreme Court of the State of California reversed and held that Asahi placed its components in a ""stream of commerce"" with the awareness that some of those components ended up in California. +" +TEST_0510,United States,Matthew R. Descamps,"On September 13, 2007, a jury found Matthew R. Descamps guilty of felony possession of a firearm and ammunition. Descamps already had five previous felony convictions. Under the Armed Career Criminal Act (""ACCA""), criminals with three prior convictions for violent felonies must receive a minimum sentence of 15 years for any subsequent felony conviction. The ACCA defines a violent felony as any crime involving threatened use of physical force—or burglary—and punishable by imprisonment for a term exceeding one year. The United States District Court for the Eastern District of Washington concluded that Descamps' prior convictions of robbery, burglary, and felony harassment constituted three predicate violent felonies under the ACCA. Subsequently, the district court sentenced Descamps to 262 months in custody with 5 years of supervised release. +Descamps appealed his sentence to the United States Court of Appeals for the Ninth Circuit, arguing that all prior convictions used to enhance a sentence under the ACCA must be charged in the indictment and submitted to a jury. A judge may only increase the sentence if the three prior convictions are proved beyond a reasonable doubt. The appellate court disagreed and affirmed the sentence. +" +TEST_0511,"Russell F. Thomas, Executive Director of the Tennessee Alcoholic Beverage Commission, et al.",Tennessee Wine and Spirits Retailers Association,"To sell liquor in the state of Tennessee, one must have a license from the Tennessee Alcoholic Beverage Commission (TABC). Under Tennessee Code Annotated § 57-3-204(b)(2)(A), an individual must have “been a bona fide resident of [Tennessee] during the two-year period immediately preceding the date upon which application is made to the commission,” and there is a ten-year residency requirement to renew a liquor license. The state imposes similar requirements on entities seeking a license. +Two entities did not satisfy the residency requirement when they applied for a license with the TABC, so TABC deferred voting on their applications. The Tennessee Wine and Spirits Retailers Association, which represents Tennessee business owners and represented the two entities here, informed TABC that litigation was likely. In response, the state attorney general filed an action in state court seeking declaratory judgment as to the constitutionality of the durational-residency requirements. The Association removed the action to federal district court. +The district court determined that the durational-residency requirements are facially discriminatory, in violation of the dormant Commerce Clause of the US Constitution. The Sixth Circuit affirmed. +" +TEST_0512,Jones,United States,"In 1998, Dewey Jones, of Detroit, tossed a Molotov cocktail into the home of his cousin, James Walker, Jr., in Fort Wayne, Indiana. Walker's home was severely damaged. Subsequently, Jones was convicted in U.S. District Court of violating 18 U.S.C. section 844(i), which makes it a federal crime to ""maliciously damage or destroy, ...by means of fire or an explosive, any building... used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce."" The Court of Appeals affirmed Jones's conviction. Before both courts, Jones unsuccessfully argued that section 844(i), when applied to the arson of a private residence, exceeds the authority vested in Congress under the Commerce Clause of the Constitution. +" +TEST_0513,United States,Allen H. Generes and Edna Generes,"In 1954, Allen Generes and his son-in-law William Kelly formed Kelly-Generes Construction Co., Inc. Generes and Kelly each owned 44% of the stock, with the remaining 12% owned by Generes’ son and another son-in-law. Generes was the president of the corporation and did not deal with the day-to-day running of the business. In addition to his position as president, he held another full-time position as the president of a savings and loan association. In 1958, Generes and Kelly signed an indemnity agreement for the corporation. In 1962, the corporation seriously underbid two contracts and went deeply into debt. Generes loaned the corporation money, but it went bankrupt, and he was unable to receive reimbursement. +On his 1962 tax return, Generes claimed the money the corporation lost as business bad debt and his direct loans to the corporation as nonbusiness bad debt. He filed a claim for a refund on the business bad debt. This claim was the subject of a jury trial in which the jury was asked to determine whether Generes’ signing of the indemnity agreement was “proximately related to his trade or business of being an employee “of the corporation. The government requested a jury instruction to clarify that “significant” motivation satisfies the requirement, but the court refused and instructed the jury that “dominant” motivation was sufficient. The jury found in favor of Generes. The U.S. Court of Appeals for the Fifth Circuit affirmed and held that the significant motivation standard was acceptable. +  +" +TEST_0514,Jones,California Democratic Party,"In California, candidates for public office can gain access to the general ballot by winning a qualified political party's primary. In 1996, voter approved Proposition 198 changed California's partisan primary from a closed primary, in which only a political party's members can vote on its nominees, to a blanket primary, in which each voter's ballot lists every candidate regardless of party affiliation and allows the voter to choose freely among them. The candidate of each party who wins the most votes is that party's nominee for the general election. The California Democratic Party, the California Republican Party, the Libertarian Party of California, and the Peace and Freedom Party have historically prohibited nonmembers from voting in their party's primary. Each political party filed suit against Bill Jones, the California Secretary of State, alleging that the blanket primary violated their First Amendment right of association. Jones countered that a blanket primary will intensify the election and allow for better representation in elected office. Siding with Jones, the District Court held that the primary's burden on the parties' associational rights was not severe and was justified by substantial state interests. The Court of Appeals affirmed. +" +TEST_0515,Jerome Anthony Alford,"Gerald Devenpeck, et al.","Tony Alford was driving when Washington state police, concerned Alford was impersonating a police officer, pulled him over. During a search of Alford's car, police found a tape recorder recording the traffic stop. The police arrested Alford and said he had made an illegal recording of a private conversation - a violation, they said, of the state's Privacy Act. A state court judge dismissed charges against Alford, ruling - as another state court already had - that the Privacy Act did not apply to public police work. +Alford then sued the officers in federal district court, alleging his arrest violated the Fourth Amendment right to be free from unreasonable seizure. The district court ruled for the officers. +The Ninth Circuit Court of Appeals reversed and ruled the officers violated Alford's Fourth Amendment rights. The facts and law were so clearly established that no reasonable officer could believe Alford violated the Privacy Act. Therefore the officers lacked probable cause for the arrest and were not protected by qualified immunity. The court rejected the officers' argument that the arrest was constitutional because there was probable cause Alford committed the crime of impersonating a police officer. That was not the reason police gave during the arrest. The Ninth Circuit said there was only one instance when an arrest for a reason the police did not articulate was constitutional: if that reason was closely related to the stated reason for the arrest. Impersonating a police officer was not closely related to violating the state Privacy Act. Other circuit courts disagreed with the Ninth Circuit's ""closely related offense doctrine."" +" +TEST_0516,M.S. Connor,Dethorne Graham,"On November 12, 1984, Dethorne Graham, a diabetic, had an insulin reaction while doing auto work at his home. He asked a friend, William Berry, to drive him to a convenience store in order to purchase some orange juice to counter his reaction. When they arrived at the store, Graham rapidly left the car. He entered the store and saw a line of four or five persons at the counter; not wanting to wait in line, he quickly left the store and returned to Berry’s car. Officer M.S. Connor, a Charlotte police officer, observed Graham entering and exiting the store unusually quickly. He followed the car and pulled it over about a half mile away. +Graham, still suffering from an insulin reaction, exited the car and ran around it twice. Berry and Officer Connor stopped Graham, and he sat down on the curb. He soon passed out; when he revived he was handcuffed and lying face down on the sidewalk. Several more police officers were present by this time. The officers picked up Graham, still handcuffed, and placed him over the hood of Berry’s car. Graham attempted to reach for his wallet to show his diabetic identification, and an officer shoved his head down into the hood and told him to shut up. The police then struggled to place Graham in the squad car over Graham’s vigorous resistance. Officer Connor soon determined, however, that Graham had not committed a crime at the convenience store, and returned him to his home. Graham sustained multiple injuries, including a broken foot, as a result of the incident. +Graham filed § 1983 charges against Connor, other officers, and the City of Charlotte, alleging a violation of his rights by the excessive use of force by the police officers, unlawful assault, unlawful restraint constituting false imprisonment, and that the City of Charlotte improperly trained its officers in violation of the Rehabilitation Act of 1973. The City of Charlotte filed for a directed verdict, which the district court granted. Graham appealed the ruling on the use of excessive force, contending that the district court incorrectly applied a four-part substantive due process test from Johnson v. Glick that takes into account officers’ “good faith” efforts and whether they acted “maliciously or sadistically”. He instead argued for a standard of “objective reasonableness” under the Fourth Amendment. The United States Court of Appeals, Fourth Circuit, rejected this argument, reasoning that concepts such as ""good faith"" are relevant to determining the degree of force used. It affirmed the directed verdict, holding that a reasonable jury could not have found in Graham’s favor. +" +TEST_0517,Guardianship Estate of Keffeler,Washington State Department of Health and Human Services,"The State of Washington, through its Department of Social and Health Services, provides foster care to certain children. It also receives and manages Social Security benefits, which it uses to cover its costs, for many of those children. Such beneficiary children filed suit, alleging that the Department's use of their benefits to reimburse itself for the foster care costs violated the ""anti-attachment"" provision of Title II of the Social Security Act, which protects certain benefits from ""execution, levy, attachment, garnishment, or other legal process."" The trial court enjoined the Department from continuing to charge its foster care costs against Social Security benefits and ordered restitution of previous reimbursement transfers. The Washington Supreme Court ultimately affirmed the trial court's holding that the Department's practices violated the anti-attachment provision. +" +TEST_0518,Rogers,Lodge,"Eight black citizens of Burke County, Georgia, challenged the at-large system of elections within the county. Although a substantial number of blacks lived within the county, no minority candidate had ever been elected to the Burke County Board of Commissioners, the chief governing body. To be elected, candidates had to receive a majority of the votes cast in the primary or general election. +" +TEST_0519,John Doe and Jack Smith,Bill Honig,"The Education of the Handicapped Act contains a provision, known as the ""stay-put"" provision, which provides that a handicapped child shall remain with his or her current educational placement pending completion of any review proceedings, unless the parents and state or local educational agencies agree to removal. +John Doe was a student at the Louise Lombard School, a developmental center for disabled children. Doe had a disability which caused him considerable difficulty in controlling his impulses. On November 6, 1980, Doe was teased by a fellow student and responded by attacking the student and kicking out a school window. Doe was subsequently suspended pending expulsion proceedings. After unsuccessfully protesting the suspension by letter, Doe brought an action against school authorities under the Education of the Handicapped Act. Jack Smith was another handicapped student whose disability caused behavioral problems. Smith engaged in disruptive behavior and was eventually suspended indefinitely pending a hearing. Smith brought an action in district court essentially identical to the one brought by Doe. After learning of Doe's action Smith joined Doe's suit. +The handicapped students asked the district court to enter an order requiring the school to allow the students to return to their own schools. The district court granted the handicapped students' request and issued a permanent injunction, an order which prevented the school district from indefinitely suspending a student for disability-related misconduct. The school authorities appealed, and the Court of Appeals of the Ninth Circuit affirmed the district court's opinion. The school authorities appealed the appellate court's decision. +" +TEST_0520,Alabama ex rel T.B.,J.E.B.,"Alabama, acting on behalf of T.B. (the mother), sought paternity and child support from J.E.B.(the putative father). A jury found for T.B. In forming the jury, Alabama used its peremptory strikes to eliminate nine of the ten men who were in the jury pool; J.E.B. use a peremptory challenge to strike a tenth man in the pool. +" +TEST_0521,LaRoyce Lathair Smith,Texas,"LaRoyce Smith was convicted of murder and sentenced to death. In 2004, the Supreme Court overturned his death sentence and sent the case back to state court because of a judge's improper jury instruction. (See Smith v. Texas , No. 04-5323.) Nevertheless, the Texas Court of Criminal Appeals re-imposed the sentence, holding that the erroneous instruction had not done any ""egregious harm"" to the fairness of Smith's sentencing. The Texas court found that the jury had still been able to consider all relevant mitigating evidence, despite the unconstitutional instruction. The Supreme Court agreed to review the case a second time. +" +TEST_0522,"Charles E. Newton, et al.","E. S. Evans, et al.","In his will, U.S. Senator Augustus Bacon left a piece of real estate to the city of Macon in Georgia. He intended the land to be used as a park that only whites could access. The city, as the named trustee, created a board of managers to operate the park, and it eventually allowed African Americans to use it. Trying to effectuate the Senator's will, individual managers of the park sued to remove the city as trustee because it was constitutionally unable to enforce the racially restrictive component of the will. After the city complied and resigned as trustee, private trustees appointed by a state court resumed excluding African Americans. A group of African Americans then brought an action on the grounds that the racial exclusion still violated equal protection under the Fourteenth Amendment. The state courts upheld the appointment of the private trustees.  +" +TEST_0523,Humberto Fidel Regalado Cuellar,United States,"Humberto Fidel Regaldo Cuellar was apprehended in 2004 driving a Volkwagen Beetle crawling 30 miles below the speed limit on a main artery through Texas to Mexico. When police pulled Cuellar over, they discovered that he had logged about 1,000 miles in the past two days stopping in major cities along the way for just hours each time. When questioned, Cuellar acted nervously; he later turned over a large roll of cash that smelled like marijuana. When police examined the car, they found drill marks suggesting tampering with the gas tank, as well as mud splashings and animal hair typical of efforts to conceal the existence of contraband. Police found $83,000 in cash in a secret compartment beneath the floorboard. Cuellar was convicted of money laundering, but the appeals court overturned the conviction. The court ruled that the federal money laundering statute required the government to prove that Cuellar was attempting to portray the money he carried as legitimate wealth, rather than merely showing that he tried to hide it. +" +TEST_0524,Archie Dixon,David Bobby,"On September 22nd, 1993, Archie Dixon and Timothy Hoffner arrived at the Toledo home of Kirsten Wilkerson. Christopher Hammer was staying at Wilkerson's house. Upon arriving at Wilkerson's house, Dixon and Hoffner beat up Hammer, tied him to a bed, and robbed him. After restraining Hammer, Dixon and Hoffner proceeded to kill Hammer by burying him alive. +After burying Hammer alive, Dixon used Hammer's birth certificate and social security card to obtain a state identification card in Hammer's name. He used the new ID to obtain a duplicate auto title to Hammer's car. He then sold Hammer's car to a dealer for $2,800. +On November 4th, a police detective spoke with Dixon at a local police station in a chance encounter. The detective issued Miranda warnings to Dixon and asked to talk to him about Hammers disappearance; Dixon declined to discuss the disappearance. In the course of the investigation into Hammer's disappearance, the police discovered that Dixon had sold Hammer's car and forged Hammer's signature when cashing the check he received in the sale. On November 9th, the police detained Dixon and charged him with forgery. +The police questioned Dixon without reading him his Miranda rights. The focus of the questioning was Hammer's disappearance and not Dixon's alleged act of forgery. Dixon asserted his right to have an attorney present, but the police continued to question Dixon without an attorney. Dixon admitted to the auto title forgery but said that he had no knowledge of Hammer's disappearance. Later that day, Hoffner led the police to Hammer's body. The police interviewed Dixon again. They did not inform Dixon of his Miranda rights until the second session because they feared Dixon would request counsel. Dixon confessed to the kidnapping, robbery, and murder. +At trial, Dixon was convicted and sentenced to death for murder, robbery and kidnapping. The Appellate Court and the Supreme Court of Ohio affirmed the conviction. Dixon appealed to the Court of Appeals of the Sixth Circuit, and Judge Gilbert Merritt, writing for the majority, held that the police should have terminated the forgery interrogation when Dixon requested counsel. The court also held that the police's planned refusal to read Dixon his Miranda rights during the first session of his interrogation for murder was unconstitutional. It further held that Dixon's were not ""voluntary"". +" +TEST_0525,"PSKS, Inc., dba Kay's Kloset . . . Kay's Shoes","Leegin Creative Leather Products, Inc.","Leegin Creative Leather Products, a manufacturer of women's accessories, entered into vertical minimum price agreements with its retailers. The agreements required the retailers to charge no less than certain minimum prices for Leegin products. According to Leegin, the price minimums were intended to encourage competition among retailers in customer service and product promotion. When one retailer, PSKS, discounted Leegin products below the minimum, Leegin dropped the retailer. PSKS sued, arguing that Leegin was violating Section 1 of the Sherman Act by engaging in anticompetitive price fixing. Under the Supreme Court's 1911 decision in Dr. Miles Medical Co. v. John D. Park & Sons Co., mandatory minimum price agreements are per se illegal under the Act - that is, they are automatically illegal regardless of the circumstances. +Leegin argued that this rule was based on outdated economics. It contended that a better legal analysis would be the ""rule of reason,"" under which price minimums would be held illegal only in cases where they could be shown to be anticompetitive. Both the District Court and U.S. Court of Appeals for the Fifth Circuit rejected these arguments. The courts felt compelled to follow the Supreme Court's rule in the Dr. Miles case, under which Leegin's practices were illegal regardless of the economic arguments put forward by the company. +" +TEST_0526,Kansas,"Michael Lee Marsh, II","Michael Lee Marsh II was convicted of murdering a mother and her young daughter. During the sentencing phase of the trial, jurors found that the mitigating factors and aggravating factors were in equipoise (i.e., of equal weight). The Kansas capital punishment statute specifically provided for the imposition of the death penalty in that circumstance, so Marsh was sentenced to death. After Marsh's sentencing, however, the Kansas Supreme Court in State v. Kleypas found fault with the concept of the death penalty as a ""tie-breaker."" The ruled in Kleypas that ""fundamental fairness requires that a 'tie goes to the defendant' when life or death is at issue."" The State argued that while the prosecution has the burden of proof during the trial, the burden can be shifted to the defendant during the sentencing phase, so that the defendant must show that he deserves less than a death sentence. The Kansas Supreme Court disagreed, and overturned Kansas's death penalty statute as unconstitutional under the Eighth Amendment. +" +TEST_0527,Tilton,Richardson,"The federal Higher Education Facilities Act of 1963 provided construction grants to church-sponsored higher educational institutions. The grants were to be used for the construction of non-religious school facilities. The Act also stipulated that twenty years after the grant had been given, schools were free to use the buildings for any purpose. +" +TEST_0528,Houghton,Wyoming,"After pulling Sandra Houghton's friend over during a routine traffic stop, a Wyoming Highway Patrol officer noticed a needle in the driver's shirt pocket. Upon learning that the needle was used for drugs, the officer searched the car and Houghton's purse, where he found more drug paraphernalia. Houghton challenged her subsequent arrest on drug charges, alleging that the officer's search of her purse was unconstitutional. On appeal from an adverse appeals court ruling, overturning a favorable trial court decision, the Supreme Court granted Wyoming certiorari. +" +TEST_0529,Hanlon,Berger,"In 1993, a magistrate judge issued a warrant authorizing the search of Paul and Erma Berger's Montana ranch for evidence of the taking of wildlife in violation of federal law. Later, a multiple-vehicle caravan consisting of government agents and a crew of photographers and reporters from CNN proceeded to the ranch. In executing the warrant, the federal officers allowed the media crew to accompany and observe them. Subsequently, the Berger's filed suit, asserting that the officials, special agents of the United States Fish and Wildlife Service and an assistant United States attorney, had violated their rights under the Fourth Amendment. The District Court concluded that the officials were entitled to qualified immunity, as no clearly established law protecting individuals from the commercial recording of a search of their premises existed at the time. The Court of Appeals reversed. +" +TEST_0530,"Michael Eugene Spears; Michael Spears, PA; Gedney Main Howe III; Gedney Main Howe III, PA; Richard A. Harpootlian; Richard A. Harpootlian, PA; A. Camden Lewis; Lewis & Babock, LLP","Edward F. Maracich, Martha L. Weeks, and John C. Tanner, individually and on behalf of all other similarly situated individuals","Michael Eugene Spears and three other lawyers instituted several ""group action"" lawsuits against several South Carolina car dealerships for allegedly collecting unlawful fees from car buyers. The lawyers obtained the personal information of thousands of car buyers from the South Carolina Department of Motor Vehicles through a Freedom of Information Act request. The lawyers used this data to identify potential plaintiffs for the group action, and sent mailings to each of those plaintiffs notifying them of the litigation. +Edward F. Maracich and two other car buyers who received mailings, individually and on behalf of all similarly situated individuals, sued the lawyers. The buyers alleged that the lawyers violated the Driver's Privacy Protection Act (DPPA) by obtaining their personal information for purposes of mass solicitation. The lawyers argued that they acted properly under the litigation exception to the DPPA. The DPPA allows disclosure of private information in connection with any state or federal litigation. The district court granted summary judgment in favor of the lawyers, holding that they did not engage in prohibited solicitation. The U.S. Court of Appeals for the Fourth Circuit affirmed, holding that the lawyers did engage in solicitation, but their actions were within the litigation exception to the DPPA. +" +TEST_0531,"Spokeo, Inc.",Thomas Robins,"Spokeo, Inc. (Spokeo) operated a website that provided information about individuals such as contact data, marital status, age, occupation, and certain types of economic information. Thomas Robins sued Spokeo and claimed that the company willfully violated the Fair Credit Reporting Act (FCRA) by publishing false information about him on the website. However, Robins was unable to allege any “actual or imminent harm,” so the district court granted Spokeo’s motion to dismiss for lack of subject-matter jurisdiction and Robins’ lack of standing under Article III of the Constitution. Robins then filed an amended complaint in which he alleged that he suffered actual harm to his employment prospects due to the website falsely claiming that he was wealthy. The district court originally denied Spokeo’s motion to dismiss but later reconsidered its order and dismissed the complaint for failure to state an injury in fact. Robins appealed and argued that the district court could not reconsider its previous decision and that he had sufficiently alleged an injury in fact to qualify for Article III standing. The U.S. Court of Appeals for the Ninth Circuit reversed and held that, although the district court could reconsider its ruling, the allegation of a violation of a statutory right is sufficient injury to qualify for standing. +" +TEST_0532,Tennessee,"George Lane, et al.","George Lane and Beverly Jones were disabled and could not access upper floors in Tennessee state courthouses. Lane, Jones, and several others sued Tennessee in federal district court, alleging that by denying them public services based on their disabilities, Tennessee was in violation of Title II of the Americans with Disabilities Act (1990). According to Title II, no person may be denied access to ""services, programs, or activities"" on the basis of his disability. The act allows alleged victims of discrimination to sue states for damages. +Tennessee asked that the case be dismissed, claiming that it was barred by the 11th Amendment's prohibition of suits against states in federal courts (the sovereign immunity doctrine). The state cited Alabama v. Garrett (2001), in which the U.S. Supreme Court ruled that Congress had acted unconstitutionally in granting citizens the right to sue states for disability discrimination (such as the denial of employment) under the 14th Amendment's equal protection clause. In that case the Supreme Court reasoned that Congress did not have enough evidence of disability discrimination by states to justify the waiver of sovereign immunity. +The district court rejected the state's argument and denied the motion to dismiss. The Sixth Circuit Court of Appeals panel affirmed. The courts reasoned that because Title II of the ADA dealt with the Due process Clause of the 14th Amendment, not the equal protection clause, the ruling in Garrett did not apply. The court found that while Congress may not have had enough evidence of disability discrimination to waive sovereign immunity for equal protection claims, it did have enough evidence of Due Process violations (such as non-handicap-accessible courthouses) to waive the sovereign immunity doctrine for Due Process claims. +" +TEST_0533,"Gale Norton, Secretary of the Interior, et al. ","Southern Utah Wilderness Alliance, et al.","The federal Bureau of Land Management (BLM) designated 2.5 million acres of land in Utah as ""Wilderness Study Areas"" under the Federal Land Policy and Management Act of 1976 (FLPMA). Under the Act, the BLM is required to manage this land ""so as not to impair the suitability of such areas for preservation as wilderness."" +The Southern Utah Wilderness Alliance (SUWA) and several other environmentalist groups brought suit in federal district court under section 706 (1) of the Administrative Procedure Act (APA), which allows federal courts to compel government action when an agency has failed to meet its legal duties. SUWA claimed that the BLM had failed to take a ""hard look,"" as required by the National Environmental Policy Act of 1969, at the effects of off-road vehicles on the Wilderness Study Areas. It also claimed that the permitted off-road vehicle use was in fact damaging the study areas in violation of the agency's FLPMA obligations. +The district court dismissed the case, holding that SUWA's charge that the bureau had failed to adequately protect the study areas was not specific enough for the court to hear under the Administrative Procedure Act. On appeal, a divided panel of the 10th Circuit Court of Appeals reversed the decision. It held that the bureau's discretion was limited to deciding how to implement the act, not if to implement it, and that SUWA could therefore bring suit to force it at least to take a ""hard look"" at the effects of the off-road vehicle policy. +" +TEST_0534,Miller,French,"In 1975, inmates at the Pendleton Correctional Facility filed a class action lawsuit, which ultimately led the District Court to issue an injunction to remedy Eighth Amendment violations regarding conditions of confinement. In 1996, Congress enacted the Prison Litigation Reform Act of 1995 (PLRA), which sets a standard for the entry and termination of prospective relief in civil actions challenging prison conditions. The PLRA provides that a motion to terminate such relief ""shall operate as a stay"" of that relief beginning 30 days after the motion is filed and ending when the court rules on the motion. In 1997, the State of Indiana filed a motion to terminate the remedial order against the correctional facility. Under the PLRA, the motion stayed the court's original remedial order. The prisoners of Pendleton moved to enjoin the operation of the automatic stay, arguing that the automatic stay provision of the PLRA violated due process and the separation of powers doctrine. The District Court enjoined the stay. In affirming, the Court of Appeals found that the provision precluded courts from exercising their equitable powers to enjoin the stay, but concluded that the statute was unconstitutional on separation of powers grounds. +" +TEST_0535,Automobile Workers,"Johnson Controls, Inc.","Johnson Controls, Inc. (""Johnson"") manufactures batteries whose assembly process entails exposure to high levels of lead. After discovering that eight of its female employees became pregnant while maintaining blood lead levels in excess of those thought safe by the Occupational Safety and Health Administration (OSHA), Johnson barred all its female employees - except those with medically documented infertility - from engaging in tasks that require exposure to lead in access of recommended OSHA levels. Following its passage, the United Automobile Workers (UAW) challenged Johnson's fetal-protection policy as sexually discriminatory in violation of Title VII of the 1964 Civil Rights Act (Act). When the Appellate Court affirmed a district court decision in favor of Johnson, the UAW appealed and the Supreme Court granted certiorari. +" +TEST_0536,"Chevron U.S.A., Inc.",Echazabal,"Beginning in 1972, Mario Echazabal worked for independent contractors at an oil refinery owned by Chevron U.S.A. Inc. When Echazabal applied for a job directly with Chevron, the company's physical examination revealed he had a liver condition, the cause identified as Hepatitis C. Chevron's doctors said that the condition would be exacerbated by continued exposure to toxins at the refinery. In response to Chevron's request that the refinery reassign Echazabal to a job without exposure to toxins or remove him, the contractor employing him laid him off. Echazabal filed suit, claiming that Chevron's action violated the Americans with Disabilities Act of 1990 (ADA). Under an Equal Employment Opportunity Commission (EEOC) regulation that permits the defense that a worker's disability on the job would pose a direct threat to his health, Chevron defended its action. The District Court granted Chevron summary judgment. In reversing, the Court of Appeals found that the regulation exceeded the scope of permissible rulemaking under the ADA. +" +TEST_0537,Brockamp,United States,"Stanley B. McGill, whose estate is administrated by Marion Brockamp, paid the Internal Revenue Service money he did not owe. McGill, or his representative, submitted an administrative refund claim several years past the end of the applicable filing period set forth in the Internal Revenue Code of 1986. McGill asked the court to extend the statutory period for an ""equitable"" reason, namely that he had a mental disability that caused the delay. Although such a reason is not mentioned in the Internal Revenue Code, the Court of Appeals read the statute as if it contained an implied ""equitable tolling"" exception, which the court found justified, and therefore permitted the actions to proceed. +" +TEST_0538,Republic of Argentina,"NML Capital, Ltd.","During an economic crisis in 2001, the Republic of Argentina (Argentina) failed to make payments on bonds owned by foreign investors. One such bondholder, NML Capital, Ltd. (NML), later prevailed in several actions it filed against Argentina in federal district court, which entered judgments totaling more than US$2 billion in NML's favor. In order to execute the judgments against Argentina, NML served subpoenas on two banks requesting information about Argentina's assets held worldwide. Argentina moved to quash the subpoenas and argued that they violate the Foreign Sovereign Immunities Act (FSIA) by requiring the disclosure of assets that are immune from collection by NML. The district court ordered the banks to comply with the subpoena requests. The U.S. Court of Appeals for the Second Circuit affirmed, reasoning that the FSIA did not apply to the subpoena because it was a discovery order directed at commercial entities that did not have a claim to sovereign immunity. +" +TEST_0539,"Alejandro N. Mayorkas, Secretary of Homeland Security, et al.","Jose Santos Sanchez, et al.","Petitioners Jose Sanchez and his wife were citizens of El Salvador who entered the United States without inspection or admission in 1997 and again in 1998. Following a series of earthquakes in El Salvador in 2001, they applied for and received temporary protected status (TPS) and were subsequently permitted to remain in the United States due to periodic extensions of TPS eligibility for El Salvadoran nationals by the Attorney General. +In 2014, Sanchez and his wife applied to become lawful permanent residents under 8 U.S.C. § 1255. The United States Citizenship and Immigration Services (USCIS) denied their applications, finding that Sanchez was “statutorily ineligible” for adjustment of status because he had not been admitted into the United States. They challenged the denial in federal district court, and the district court granted their motion for summary judgment, holding a grant of TPS meets § 1255(a)’s requirement that an alien must be “inspected and admitted or paroled” to be eligible for adjustment of status. The U.S. Court of Appeals for the Third Circuit reversed, finding  no support in the text, context, structure, or purpose of the statutes for the claim that a grant of TPS may serve as an admission for those who entered the United States illegally. +" +TEST_0540,United States,Santana,"Using marked money, police officers made an undercover heroin buy from a third party who, upon taking money from the officers, entered ""Mom Santana's"" house and emerged with heroin. Officers then arrested the third party and returned to Santana's house where they identified themselves as police officers, entered the house after Santana fled into it from the porch, and, after ordering her to empty her pockets, discovered some of the marked money. The search was done without a warrant. +" +TEST_0541,Entergy Corp.,"Riverkeeper, Inc., et al.","Three consolidated cases center around whether or not the EPA surpassed its federal authority by weighing the pros and cons of systems to be used at water intake cooling structures rather than simply employing the most advanced technology available on the market. The claims, brought by environmental groups and corporations, allege that the EPA's cost/benefit analysis violated the Clean Water Act (CWA) by leading to the use of structures that were insufficient to protect aquatic organisms from being harmed or killed as required by the CWA. +" +TEST_0542,Brown,Pro Football Inc.,"After their collective-bargaining agreement expired, the National Football League (NFL) -- a group of football clubs -- and the NFL Players Association -- a labor union -- began to negotiate a new contract. The NFL presented a plan that would permit each club to establish a ""developmental squad"" of substitute players, each of whom would be paid the same $1,000 weekly salary. The union disagreed. When the negotiations reached an impasse, the NFL unilaterally implemented the plan. A number of squad players brought an antitrust suit, claiming that the employers' plan unfairly restrained trade. The District Court awarded damages to the players, but the Court of Appeals reversed that decision. +" +TEST_0543,"E. S. Evans, et al.","Charles E. Newton, et al.","In his will, U.S. Senator Augustus Bacon left a piece of real estate to the city of Macon in Georgia. He intended the land to be used as a park that only whites could access. The city, as the named trustee, created a board of managers to operate the park, and it eventually allowed African Americans to use it. Trying to effectuate the Senator's will, individual managers of the park sued to remove the city as trustee because it was constitutionally unable to enforce the racially restrictive component of the will. After the city complied and resigned as trustee, private trustees appointed by a state court resumed excluding African Americans. A group of African Americans then brought an action on the grounds that the racial exclusion still violated equal protection under the Fourteenth Amendment. The state courts upheld the appointment of the private trustees.  +" +TEST_0544,United States et al.,Chesapeake & Potomac Telephone Company Of Virginia et al. 516 U.S. 415,"To prevent ""local media monopolies,"" Section 533(b) of the Cable Communications Policy Act of 1984 barred local phone service providers (local exchange carriers or LECs) from directly providing video programming to their local phone service subscribers. The government claimed that because LEC- controlled phone lines could also transmit video signals, allowing LECs to provide video programming would hurt competing cable companies. First, LECs could deny competitors access to their data lines. Second, LECs could offer lower cable prices than competitors by raising the costs of telephone service and using the extra profits to subsidize the costs of cable service. +Chesapeake and Potomac Telephone Company of Virginia (Chesapeake) challenged the constitutionality of the statute, pointing out that ""video programming"" is a form of speech protected by the First Amendment. The government argued that the statute's regulation of the cable market had a ""content-neutral"" objective. The District Court ruled that the statute's restrictions were not ""narrowly tailored"" to serve the statute's objective. The U.S. Court of Appeals for the Fourth Circuit affirmed, adding that the statute did not leave open ""ample alternative channels for communication"" between LECs and local residents. The Supreme Court consolidated the case with National Cable Television Assn., Inc. v. Bell Atlantic Corp. +" +TEST_0545,Pennzoil Co.,Texaco Inc.,"Pennzoil Co. obtained a jury verdict of $10.53 billion in a Texas state court suit. The suit alleged that Texaco Inc. tortiously induced a third party to breach its contract to sell stock to Pennzoil. Before the court entered a final judgment, Texaco sued in federal district court alleging that the Texas court proceedings violated its rights under the Constitution and several Texas statutes. Pennzoil argued that the district court should abstain from hearing the case under the doctrine of Younger v. Harris. Younger held that a federal court must abstain from hearing challenges to a state court proceeding while that proceeding is still underway. The district court did not abstain and granted a preliminary injunction. The court found that it had jurisdiction over the matter and that Texaco was likely to succeed in its suit. The U.S. Court of Appeals for the Second Circuit affirmed in part, holding that the district court had jurisdiction, but should not have evaluated the claims that were discussed in the state trial. Meanwhile, the state court proceedings continued, and reduced the judgment to $8.53 billion +" +TEST_0546,William Twombly et al.,Bell Atlantic Corp. et al.,"William Twombly and other consumers brought a class action lawsuit against Bell Atlantic Corp. and other telecommunications companies. Twombly alleged that the companies had violated Section 1 of the Sherman Act by conspiring to end competition among themselves and to stifle new competition. In the suit, Twombly claimed that the companies had agreed not to branch out into and compete in one another's territories, even though the Telecommunications Act of 1996 might have made it relatively inexpensive to do so. +The District Court granted Bell Atlantic's motion to dismiss the suit, however, because Twombly had failed to ""allege sufficient facts from which a conspiracy can be inferred."" In order to sufficiently claim a Section 1 violation, the court held, the plaintiffs needed to establish a ""plus factor"" - a piece of evidence showing that the defendants' behavior would be against their economic self-interest unless there was a conspiratorial agreement. Twombly had not established a plus factor, the court held, because the companies' defensive behavior could have been motivated by economic factors rather than conspiracy. +Twombly appealed to the U.S. Court of Appeals for the Second Circuit, which reversed the lower court. The Second Circuit ruled that Twombly needed only to allege a conspiracy and specific facts that would support a Section 1 violation. Since he had alleged that the companies had engaged in suspicious ""parallel conduct"" and conspired to preserve monopoly conditions, his claim was sufficient and the suit could proceed. +" +TEST_0547,Montrym,Mackey,"After he collided with a motorcycle in Acton, Massachusetts, Donald Montrym was arrested for driving under the influence of alcohol (“DUI”). A state court later dismissed the DUI charges, but the Massachusetts Registrar of Motor Vehicles suspended Montrym’s driver’s license for ninety days because Montrym had refused to take a breathalyzer test at the time of his arrest. Montrym filed a class-action lawsuit in federal district court alleging that the statute that required drivers to submit to breathalyzer tests violated the Due Process Clause of the Fourteenth Amendment because it did not provide for a pre-suspension hearing. The district court found in favor of Montrym and ordered the Registrar to return the plaintiffs’ licenses. The Registrar appealed directly to the Supreme Court. +" +TEST_0548,"Gordon A. Abrahamson, Superintendent, Dodge Correctional Institution",Todd A. Brecht,"Todd Brecht was charged with murder for shooting his brother-in-law. During his trial, he testified that the shooting was an accident. In addition to presenting other evidence, the prosecution pointed out his silence (both prior to his receiving the Miranda warnings and after) in an attempt to discredit his testimony. Brecht was found guilty and sentenced to life in prison. +Brecht appealed, claiming that the prosecution's reference to his post-Miranda silence violated his right to due process according to Doyle v. Ohio. The Wisconsin Court of Appeals overturned the conviction, but the Supreme Court of Wisconsin reinstated it. They found that the mention of post-Miranda silence was impermissible under Doyle, but was also harmless error according to the ""beyond a reasonable doubt"" standard from Chapman v. California. +Brecht sought a writ of habeas corpus in federal court. The District Court upheld his Doyle claim and found that the violation was not harmless error under Chapman. Brecht's conviction was thus overturned again, only to be reinstated by the United States Court of Appeals for the Seventh Circuit. +The Seventh Circuit held that Chapman was not the appropriate standard under which to review Doyle error in federal habeas petitions. Rather than adhering to the Chapman standard, the court applied the Kotteakos v. United States test, which requires that the Doyle error have a ""substantial and injurious effect"" on the jury's verdict. Brecht's Doyle claim did not meet this standard, and the Seventh Circuit denied the writ. +" +TEST_0549,"Robert LaRue, et al.","California, et al.","After receiving reports of the type of sexual activity occurring on the premises of licensed liquor sellers, the California Department of Alcoholic Beverage Control promulgated a series of regulations pertaining to the conduct on such licensed premises. The appellees, a group of holders of various liquor licenses, sought discretionary review of the new regulations. The district court held that the regulations unconstitutionally limited freedom of expression. +" +TEST_0550,United States,Jones,"In 1998, Dewey Jones, of Detroit, tossed a Molotov cocktail into the home of his cousin, James Walker, Jr., in Fort Wayne, Indiana. Walker's home was severely damaged. Subsequently, Jones was convicted in U.S. District Court of violating 18 U.S.C. section 844(i), which makes it a federal crime to ""maliciously damage or destroy, ...by means of fire or an explosive, any building... used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce."" The Court of Appeals affirmed Jones's conviction. Before both courts, Jones unsuccessfully argued that section 844(i), when applied to the arson of a private residence, exceeds the authority vested in Congress under the Commerce Clause of the Constitution. +" +TEST_0551,Hahn,Nordlinger,"In a statewide ballot, California residents approved the addition of Article XIIIA to their State Constitution. Article XIIIA's ""acquisition value"" provision limited property assessment value increases to two percent, if caused by changes in ownership or new construction improvements. Article XIIIA exempted two types of transfers from this reassessment limit: first, if the principal seller is 55 or older and moved to a home of equal or lower value, and second, when a transfer occurred between parents and children. One of Article XIIIA's effects is that over time the taxes of new property owners, adjusted to reflect recent values, would be substantially higher than long-term property owner's taxes. A new property owner filed suit to challenge the state constitutional amendment. +" +TEST_0552,Jeffrey Wayne Cotton,Robert R. Tolan,"In the early morning hours of New Year's Eve 2008, Jeffrey Cotton, a police officer, fired three shots at Robert Tolan in front of Tolan's parents' home in Bellaire, Texas. Cotton mistakenly believed that Tolan and his cousin, Anthony Cooper, had stolen a black Nissan, because another officer had incorrectly entered the license plate number of Tolan's black Nissan Xterra. One bullet hit Tolan, collapsed his right lung, and pierced his liver. Tolan sued Cotton in district court and argued that he had used excessive force in violation of the Fourth Amendment. Cotton filed a motion for summary judgment and argued that he was entitled to qualified immunity, which protects government officials from litigation when their conduct has not violated a clearly established right. The district court ruled in favor of Cotton and found that Cotton's use of force was not unreasonable and did not violate the Fourth Amendment. +The U.S. Court of Appeals for the Fifth Circuit affirmed but declined to adopt the lower court's reasoning. Instead, the Court of Appeals held that Cotton was entitled to qualified immunity regardless of whether he violated the Fourth Amendment because he did not violate a ""clearly established"" right. In support of its ruling, the Court of Appeals cited evidence that would lead a reasonable officer in Cotton's position to believe that Tolan presented an immediate threat to his safety. +" +TEST_0553,United States,Estate of Romani,"Both a judgment lien and federal tax liens encumbered the real property of Francis Romani's Pennsylvania estate, worth $53,001, following his death. The estate's administrator sought a county court's permission to transfer the property to the judgment creditor. The Government objected to the conveyance, arguing that 31 USC section 3713(a), which provides that a Government claim ""shall be paid first"" when a decedent's estate cannot pay all of its debts, prioritized its payment. Nevertheless, the court authorized the conveyance. Ultimately, the Pennsylvania Supreme Court affirmed. The court concluded that Federal Tax Lien Act of 1966 modified the Government's preference and recognized the priority of many state claims over federal tax liens. +" +TEST_0554,United States Postal Service et al.,Barbara Dolan,"Barbara Dolan tripped over mail left on her porch by a mailman, injuring herself. She sued the Postal Service under the Federal Tort Claims Act (FTCA), arguing that her injuries were due to the mailman's negligence. The government, claiming that its sovereign immunity had not been waived in this particular case, moved to have the case dismissed. The FTCA, while waiving federal sovereign immunity for most incidents that could arise under it, has an exception for the ""negligent transmission of letters or postal matter."" Dolan argued that this exception referred only to mail that was lost or damaged by the Postal Service, not to people injured by the placement of the mail, but the district court disagreed. The case was dismissed, and the dismissal was affirmed by the Third Circuit Court of Appeals. +" +TEST_0555,Jimeno,Florida,"A Dade County police officer overheard Enio Jimeno arranging what appeared to be a drug transaction over a public telephone. He followed in his car, and eventually pulled Jimeno over for a traffic violation. He told him he had reason to believe Jimeno had drugs in the car, and asked for permission to search it. Jimeno consented, and a search revealed a brown paper bag with cocaine inside it. At trial, Jimeno argued that his consent to the search of the car did not extend to the closed paper bag within the car. The trial court agreed, excluded the drugs found inside the bag as the product of an unconstitutional search under the Fourth Amendment. The Florida District Court of Appeal and the Florida Supreme Court both affirmed. +" +TEST_0556,Scripps-Howard Broadcasting Company,Zacchini,"Hugo Zacchini performed a ""human cannonball"" act, in which he was shot from a cannon into a net 200 feet away. A free-lance reporter for Scripps-Howard Broadcasting Co. recorded the performance in its entirety without consent and it aired on the nightly news. Subsequently, Zacchini sued Scripps-Howard, alleging the unlawful appropriation of his professional property. Ultimately, the Ohio Supreme Court ruled in favor of Scripps-Howard. While recognizing that Zacchini had a cause of action for the infringement of his state-law right to publicity, the court found that Scripps-Howard was constitutionally privileged to include in its newscasts matters of public interest that would otherwise be protected by the right of publicity, absent an intent to injure or to appropriate for some nonprivileged purpose. +" +TEST_0557,"Illinois Dept. of Employment Security; Sally Ward, Director of the Illinois Dept. of Employment Security; Bruce W. Barnes, Chairman of the Board of Review; Kelly Services",William A. Frazee ,"William A. Frazee was laid off from his job with the state of Illinois. Kelly Services, a temp agency, offered him a job at a department store working Wednesday through Sunday. Frazee “as a Christian” refused to work Sundays. The store did not give Frazee the job. Frazee did not claim that he was part of a particular religious sect or church or that working on Sundays violated a tenant of an established religious body. When Frazee applied for unemployment benefits, the Illinois Department of Employment Security denied his claim because he turned down a job offer. The Circuit Court of the 10th Judicial Circuit of Illinois affirmed. The Appellate Court of Illinois affirmed, holding that the free exercise clause does not require accommodations for “personal professed religious belief[s]”. +" +TEST_0558,Willie Thomas Butler,North Carolina,"An FBI officer read Willie Thomas Butler his rights under Miranda v Arizona after arresting him on a federal warrant. At Butler’s interrogation, the officer gave Butler an “Advice of Rights” form and asked him to sign it to indicate that he understood his rights. Butler refused to sign the waiver portion of the form, but indicated that he would like to talk to the officer. Butler did not ask for an attorney. Butler proceeded to make incriminating statements, which were introduced as evidence at trial. Butler moved to suppress the evidence, but the trial court denied the motion. The court held that Butler had effectively waived his right to an attorney when he spoke with the FBI officer after indicating that he understood his rights. The jury found Butler guilty of kidnapping, armed robbery, and felonious assault. On appeal, the Supreme Court of North Carolina reversed the convictions and ordered a new trial, holding that statements made under interrogation are not admissible without an express waiver of rights. +" +TEST_0559,"George W. Bush, President of the United States, et al.",Lakhdar Boumediene et al.,"In 2002 Lakhdar Boumediene and five other Algerian natives were seized by Bosnian police when U.S. intelligence officers suspected their involvement in a plot to attack the U.S. embassy there. The U.S. government classified the men as enemy combatants in the war on terror and detained them at the Guantanamo Bay Naval Base, which is located on land that the U.S. leases from Cuba. Boumediene filed a petition for a writ of habeas corpus, alleging violations of the Constitution's Due Process Clause, various statutes and treaties, the common law, and international law. The District Court judge granted the government's motion to have all of the claims dismissed on the ground that Boumediene, as an alien detained at an overseas military base, had no right to a habeas petition. The U.S. Court of Appeals for the D.C. Circuit affirmed the dismissal but the Supreme Court reversed in Rasul v. Bush, which held that the habeas statute extends to non-citizen detainees at Guantanamo. +In 2006, Congress passed the Military Commissions Act of 2006 (MCA). The Act eliminates federal courts' jurisdiction to hear habeas applications from detainees who have been designated (according to procedures established in the Detainee Treatment Act of 2005) as enemy combatants. When the case was appealed to the D.C. Circuit for the second time, the detainees argued that the MCA did not apply to their petitions, and that if it did, it was unconstitutional under the Suspension Clause. The Suspension Clause reads: ""The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."" +The D.C. Circuit ruled in favor of the government on both points. It cited language in the MCA applying the law to ""all cases, without exception"" that pertain to aspects of detention. One of the purposes of the MCA, according to the Circuit Court, was to overrule the Supreme Court's opinion in Hamdan v. Rumsfeld, which had allowed petitions like Boumediene's to go forward. The D.C. Circuit held that the Suspension Clause only protects the writ of habeas corpus as it existed in 1789, and that the writ would not have been understood in 1789 to apply to an overseas military base leased from a foreign government. Constitutional rights do not apply to aliens outside of the United States, the court held, and the leased military base in Cuba does not qualify as inside the geographic borders of the U.S. In a rare reversal, the Supreme Court granted certiorari after initially denying review three months earlier. +" +TEST_0560,Alfred Smith,"Employment Division, Department of Human Resources of the State of Oregon et al.","Alfred Smith and Galen Black worked at a private drug rehabilitation clinic. The clinic fired them because they used a hallucinogenic drug called peyote for religious purposes while worshipping at their Native American Church. The Oregon Employment Division denied them unemployment compensation because it deemed they were fired for work-related ""misconduct."" The Oregon Court of Appeals ruled that this violated their religious free exercise rights provided by the First Amendment. The Oregon Supreme Court reversed. +" +TEST_0561,Richmond Allen and Jesse Nicholson,"Gladys Pulliam, Magistrate for the County of Culpeper, Virginia","In January 1980, Richmond Allen was arrested for allegedly using abusive and insulting language, which is a Class 3 misdemeanor with a maximum penalty of $500. Gladys Pulliam, the state magistrate for Culpeper County, Virginia set bail at $250 and, when Allen was unable to make bail, Pulliam committed him to the Culpeper County Jail for 14 days. Allen was tried, found guilty, fined, and released. The trial judge reopened his case and reversed the judgment. Allen sued Pulliam in district court and sought declaratory and injunctive relief for incarcerating him while waiting for trial on non-jailable offenses. +Jesse Nicholson was arrested four times in a two-month period for public intoxication, a Class 4 misdemeanor for which the maximum penalty is a $100 fine. Like Allen, Nicholson was incarcerated for failure to make bail, and he intervened in Allen’s suit as a party plaintiff. +This district court held that Pulliam’s practice of incarcerating persons for not making bail on non-jailable offenses violated their rights to due process and equal protection. The district court enjoined the practice and found Allen and Nicholson entitled to costs, including attorneys’ fees. Pulliam appealed the finding regarding costs and argued that, as a judicial officer, she was granted judicial immunity. The U.S. Court of Appeals for the Fourth Circuit rejected the judicial immunity argument and affirmed the district court’s decision. +" +TEST_0562,United States,Herman Avery Gundy,"Herman Avery Gundy was convicted of committing sexual assault in Maryland while on supervised release for a prior federal offense. After serving his sentence for the Maryland sex offense, Gundy was to be transferred to federal custody to serve his sentence for violating his supervised release. As a part of this transfer, Gundy received permission to travel unsupervised by bus from Pennsylvania to New York. Gundy made the trip, but did not register as a sex offender in either Maryland or New York as required by state law. +In January 2013, Gundy was indicted under 18 U.S.C. § 2250, the Sex Offender Notification and Registration Act (SORNA), for traveling from Pennsylvania to New York and then staying in New York without registering as a sex offender. He was convicted and sentenced to time served, along with five years of supervised release.  +The 2nd Circuit affirmed this judgment on appeal. Gundy then asked the U.S. Supreme Court to review his case, which it agreed to do only as to the question of whether SORNA unlawfully delegates authority to the U.S. Attorney General under 42 U.S.C. § 16913 to impose the law’s registration requirements upon offenders who were convicted before the statute was enacted. +" +TEST_0563,Whalen,Roe,"In 1972, the state legislature enacted the New York State Controlled Substances Act. The Act required doctors to fill out forms for potentially harmful prescription drugs. The prescribing doctor kept one copy, while another copy was sent to the dispensing pharmacy and a third copy was sent to the state department of health. The forms included personal information such as the patient's name, address, and age. +" +TEST_0564,Christophe Roche et ux.,Lincoln Property Company et al.,"Christophe and Juanita Roche leased an apartment in Virginia managed by Lincoln Property Company. The Roches sued Lincoln, which they identified as a Texas company, and other defendants in state court, alleging a variety of problems that arose from their exposure to toxic mold in their apartment. Lincoln moved the litigation to a federal district court, citing diversity of citizenship, which arises when opposing parties are from different states. The Roches then asked that the case be sent back to state court because there was no diversity of citizenship. Rather, one of the partners in the Lincoln-owned subsidiary partnership resided in Virgina. The court denied the motion and held that Lincoln was a Texas citizen. The Fourth Circuit reversed on the ground that Lincoln failed to show complete diversity of citizenship, because it did not disprove the exsistence of an affiliated Virginia entity that was a real party in interest. +" +TEST_0565,BNSF Railway Company,Michael D. Loos,"Michael Loos worked as an employee of BNSF Railway Company until his termination in November 2012 for a series of attendance policy violations. Related to at least some of the attendance violations was an injury Loos sustained in 2010 when he fell in the train yard. After being terminated, Loos brought two claims against his former employer: a claim of retaliation under the Federal Railroad Safety Act (FRSA) and a claim of negligence under the Federal Employers Liability Act (FELA). The district court found that Loos had not established a prima facie case of retaliation under FRSA and granted BNSF's motion for summary judgment on that claim, and the Eighth Circuit affirmed. +The FELA negligence claim proceeded to a jury trial, and the jury returned a verdict in favor of Loos—$30,000 for lost wages and $11,212.78 for medical expenses. BNSF moved under Federal Rule of Civil Procedure 59(e) to offset the lost wages award by the amount of Loos’s share of taxes owed under the RRTA. The district court denied the motion, finding no RRTA tax was owed on the award. The Eighth Circuit reviewed this determination de novo and found that the text of RRTA is unambiguous in not including damages for lost wages in its definition of compensation as money remuneration for services rendered. Thus, the Eighth Circuit affirmed the district court’s ruling using alternate reasoning. +  +" +TEST_0566,Dee Farmer,"Edward Brennan, Warden","Dee Farmer, a biological male, underwent estrogen therapy, received silicone breast implants and underwent unsuccessful sex reassignment surgery. Farmer was convicted and sentenced to prison on federal criminal charges. Prison medical personnel diagnosed Farmer as a transsexual. Farmer was generally kept separate from the general male population, in part because of Farmer’s misconduct, but also because of safety concerns. +Farmer was transferred to the U.S. Penitentiary Terre Haute and placed in the general male population in accordance with prison policy. Within two weeks, a cellmate allegedly beat and raped Farmer. Farmer sued in federal district court, alleging that prison officials deliberately and indifferently failed to protect a prisoner. This violated Farmer’s protection against cruel and unusual punishment under the Eighth Amendment. Farmer sought damages and an injunction against future incarceration in any prison. The district court granted summary judgment in favor of the prison officials, noting that Farmer never complained or expressed any safety concerns prior to the incident. The U.S. Court of Appeals for the Seventh Circuit affirmed. +" +TEST_0567,Time Inc.,James J. Hill,"In 1952, three escaped convicts took James Hill, his wife, and their five children hostage in their Whitemarsh, Pennsylvania, home. After nineteen hours, the family was released unharmed. The convicts were later apprehended in a violent clash with police during which two of them were killed. In 1953, Joseph Hays' published a novel based on the Hill family's ordeal. When the novel was subsequently made into a play, Life Magazine (""Life"") printed an article about the play that mirrored many of its inaccuracies concerning the Hill family's experience. Alleging that it deliberately misrepresented his story, Hill sought damages against Life. On appeal from an adverse ruling, the Appellate Division of the New York Supreme Court remanded for a new trial where a reduced adverse ruling was imposed on Life. Following an unsuccessful appeal in the New York Court of Appeals, the Supreme Court granted Life's owner, Time Inc. (""Time"") certiorari. +" +TEST_0568,Hicks,Arizona,"A bullet was fired through the floor of Hicks's apartment which injured a man in the apartment below. To investigate the shooting, police officers entered Hicks's apartment and found three weapons along with a stocking mask. During the search, which was done without a warrant, an officer noticed some expensive stereo equipment which he suspected had been stolen. The officer moved some of the components, recorded their serial numbers, and seized them upon learning from police headquarters that his suspicions were correct. +" +TEST_0569,Illinois,"Peter Stanley, Sr. ","Joan Stanley had three children with Peter Stanley. The Stanleys never married, but lived together off and on for 18 years. When Joan died, the State of Illinois took the children. Under Illinois law, unwed fathers were presumed unfit parents regardless of their actual fitness and their children became wards of the state. Peter appealed the decision, arguing that the Illinois law violated the Equal Protection Clause of the Fourteenth Amendment because unwed mothers were not deprived of their children without a showing that they were actually unfit parents. The Illinois Supreme Court rejected Stanley’s Equal Protection claim, holding that his actual fitness as a parent was irrelevant because he and the children’s mother were unmarried. +" +TEST_0570,Maher,Roe,"In the wake of Roe v. Wade, the Connecticut Welfare Department issued regulations limiting state Medicaid benefits for first-trimester abortions to those that were ""medically necessary."" An indigent woman (""Susan Roe"") challenged the regulations and sued Edward Maher, the Commissioner of Social Services in Connecticut. +" +TEST_0571,John Montgomery,Mae Wheeler,"Mae Wheeler was a 75-year-old widow who lived solely on her welfare check and monthly Social Security payment. On August 30, 1967, the San Francisco Department of Social Services learned that Wheeler had received the proceeds from her late son's veteran insurance policy. After a county welfare supervisor called Wheeler, the Welfare Department began withholding Wheeler's welfare check pending an investigation. Wheeler requested a hearing and for the restoration of her payments until her cause could be heard. Wheeler did not get the restoration of her payments, but she ultimately prevailed in her claim and had benefits restored several months later. +Wheeler along with other similarly-situated people were granted class action status, and the class claimed that California welfare termination provisions deprived the class members of their constitutional due process rights by terminating welfare benefits before having a full and adequate hearing. A three-judge District Court for the Northern District of California held that the California procedure for pre-termination review satisfied the requirements of the Due Process Clause. The Supreme Court reviewed the California court's opinion +" +TEST_0572,Diehr,Diamond,"Engineers James Diehr and Theodore Lutton invented an improved press that cured rubber by controlled heating. The press contained a temperature probe which measured the temperature rise of the rubber from within the press. By repeatedly calculating the rubber cure time from this temperature measurement and comparing this computed cure time to the actual elapsed time, the computer was able to determine precisely when to open the press and eject the cured rubber, which then emerged perfectly cured. The patent examiner, viewing all computer programs as unpatentable because of the earlier Supreme Court decision Gottschalk v. Benson (1972), rejected their patent application because, he argued, the inventors had simply combined an unpatentable program with a conventional rubber curing press. An appellate court reversed the Examiner and ordered a patent to issue. The Commissioner of Patents then petitioned successfully to have the Supreme Court review this decision. Before the Supreme Court, the inventors' attorney argued that the steps of continuously measuring temperature and repeatedly recalculating the rubber cure time and comparing it to the elapsed time were new steps that were worthy of patent protection. +" +TEST_0573,Michael D. Turner,"Rebecca L. Rogers, et al.","In January 2007, Michael Turner appeared in Oconee County, S.C., Family Court because he was behind in his child support obligation. He did not have an attorney, and he was not asked whether he needed or wanted representation. He presented some evidence of his inability to work, but the court made no finding as to Turner's indigent status. The judge held him in contempt and sentenced him to one year in jail. The South Carolina Supreme Court rejected Turner's argument for court-appointed counsel under the Sixth and Fourteenth Amendments. +" +TEST_0574,New Process Steel,National Labor Relations Board,"The union representing employees at a New Process Steel plant in Butler, Indiana failed to reach an agreement over a new contract with New Process Steel. The union subsequently filed unfair labor practices claims with the National Labor Relations Board (""NLRB"") arguing that New Process Steel failed to honor its collective bargaining agreement to deal with the union as the exclusive representative of employees of the plant. A two-member panel of the NLRB agreed with the union. On appeal, New Process Steel argued that the NLRB's decision was invalid because 29 U.S.C. § 153(b) of the National Labor Relations Act requires that three members of the five member National Labor Relations Board shall ""at all times"" constitute a quorum. +The U.S. Court of Appeals for the Seventh Circuit disagreed and affirmed the judgment of the board. The court held that the NLRB had power to delegate its authority to a group of three of its members. In which case, two sitting members constituted a quorum. Therefore, the NLRB appropriately rendered its decision. +" +TEST_0575,Florida,Timothy Lee Hurst,"Timothy Lee Hurst was charged and convicted of first-degree murder for killing his co-worker, Cynthia Harrison, during a robbery of the Popeye’s restaurant where they both worked. He was sentenced to death and appealed. On appeal, Hurst was granted a new sentencing trial because the Supreme Court of Florida found that his counsel should have investigated and presented evidence of Hurst’s borderline intelligence and possible organic brain damage. At his new sentencing trial, Hurst was prevented from presenting mental retardation evidence as an absolute bar to the imposition of the death penalty, though he was allowed to present it as mitigating evidence. The jury again sentenced Hurst to the death penalty by a vote of seven to five, and the Supreme Court of Florida affirmed. +In 2002, the Supreme Court decided the case Ring v. Arizona, in which the Court held that the Sixth Amendment required that the presence of aggravating factors, which Arizona’s death penalty sentencing scheme viewed as essentially elements of a larger offense, be determined by the jury. The Supreme Court of Florida had previously held that the decision in Ring v. Arizona did not apply to Florida’s death penalty sentencing scheme generally and specifically did not require that a jury’s recommendation of the death penalty be unanimous or that a jury determine the factual issue of a defendant’s potential mental retardation. +" +TEST_0576,"Mayo Foundation for Medical Education and Research, et al.",United States,"The Mayo Foundation for Medical Education and Research (""Mayo"") and the University of Minnesota (""University"") sued the United States in a Minnesota federal district court seeking a refund for taxes paid under the Federal Insurance Contributions Act (""FICA""). They argued that payments made to doctors in their residency qualify for FICA's student exemption. The district court agreed and awarded judgment in favor of Mayo and the University. +On appeal, the U.S. Court of Appeals for the Eighth Circuit reversed, holding that the residents in this case did not qualify for the FICA exemption. The court reasoned that Treasury Regulation 26 U.S.C. § 3121(b)(10) excludes ""full-time employees"" from the FICA student exemption. Here, the resident doctors were full-time employees and, therefore, were excluded from the FICA exemption. +" +TEST_0577,Noel Reyes Mata,"Loretta Lynch, Attorney General of the United States","Noel Reyes Mata, a citizen of Mexico, was convicted of assaulting a woman he was dating; he was deported in 2010. His appeal to the Board of Immigration Appeals (BIA) was dismissed after his attorney failed to file an appellate brief. Mata subsequently moved to reopen his case based on ineffective assistance of counsel, but the BIA denied Mata's motion as untimely because it was filed well after the 90 days allowed. Mata appealed the BIA's denial of his motion to the U.S. Court of Appeals for the Fifth Circuit and argued that the BIA should not have enforced the filing period limitation because his attorney's failure to file a brief deprived him of his due process rights. The appellate court held that such a motion was subject to the complete discretion of the BIA, and thus the appellate court lacked the jurisdiction to review the decision. +" +TEST_0578,Montana,Crow Tribe of Indians,"In 1904, the Crow Tribe ceded part of its Montana Reservation to the United States for settlement by non-Indians, with the U.S holding the rights to the minerals underlying the ceded strip in trust for the Tribe. In 1972, pursuant to the Indian Mineral Leasing Act of 1938 (IMLA), Westmoreland Resources, Inc., a non-Indian company, entered into a mining lease with the Tribe for coal underlying the ceded strip. In 1975, Montana imposed a severance tax and a gross proceeds tax on all coal produced in the State, including coal underlying the reservation and the ceded strip. In 1978, the Tribe brought a federal action for injunctive and declaratory relief against Montana and its counties, alleging that the State's severance and gross proceeds taxes were preempted by the IMLA and infringed on the Tribe's right to govern itself. Ultimately, the Court of Appeals concluded that both taxes were preempted by the IMLA and void for interfering with tribal governance. The U.S. Supreme Court summarily affirmed. Subsequently, the Tribe sough to recover certain taxes paid by Westmoreland. The District Court then concluded that the disgorgement remedy sought by the Tribe was not appropriate. The Court of Appeals reversed. +" +TEST_0579,Robinette,Ohio,"After stopping Robinette for speeding, an Ohio deputy warned him, returned his license, and asked him if he had any illegal contraband, weapons, or drugs in his car. Robinette answered ""no"" but after agreeing to have his car searched, the officer found some marijuana and a pill that later proved to be a powerful drug. On appeal from the Ohio Court of Appeals' reversal of his lower court conviction for possession of a controlled substance, the Ohio Supreme Court Affirmed. The Supreme Court granted Ohio certiorari. +" +TEST_0580,"William Albertson, Roscoe Quincy Proctor",Subversive Activities Control Board,"On November 22, 1950, the Attorney General petitioned the Subversive Activities Control Board for an order requiring the Communist Party to register under Section 7 of the Subversive Activities Control Act (SACA) as a Communist-action organization. The Court sustained this order in Communist Party of the United States v. Subversive Activities Control Board. On May 31, 1962, the Attorney General separately required William Albertson and Roscoe Quincy Proctor, as alleged members of the Communist Party, to fill out two registration forms each. Neither registration form was specifically mandated by the SACA. +Albertson and Proctor did not provide personal information required by the forms, instead asserting their Fifth Amendment privilege against self-incrimination before the board and denying that the Communist Party was a Communist-action organization. The Attorney General presented the testimony of paid Federal Bureau of Investigation informers that Albertson and Proctor participated in meetings of the Party and had been elected to Party offices. The board took official note of the proceedings and issued a final order stipulating that petitioners had not properly registered as members of the Communist Party. On appeal, the court held that Albertson and Proctor’s claims of privilege were premature in part because they had not yet been prosecuted for a criminal activity. +" +TEST_0581,"Kamala D. Harris, Attorney General of California, et al.",National Meat Association,"The National Meat Association contends that the Federal Meat Inspection Act prevents California from imposing its requirements on federally inspected slaughterhouses. In 2008, the state enacted the law after the Humane Society of the United States released a video of so-called downer cows being kicked, electrocuted, dragged with chains and rammed with a forklift at a slaughterhouse. The California law bans slaughterhouses from buying or selling downer cows and from butchering them for human consumption. The measure also requires humane handling of the animals. +The U.S. Court of Appeals for the Ninth Circuit refused to grant a preliminary injunction blocking the law. Although the court said the humane-handling provision probably was pre-empted by federal law, the three-judge panel declined to block it, saying the trade group hadn't shown its members would suffer ""irreparable injury."" +" +TEST_0582,"United States Forest Service, et al.","Cowpasture River Association, et al.","The Appalachian Trail spans over 2,000 miles, from Maine to Georgia, with approximately 1,000 miles of the Trail crossing through lands within national forests. Under the National Trails System Act, the Secretary of the Interior has the responsibility to administer the trail and that responsibility may not be transferred to any other federal agencies. The Mineral Leasing Act grants the U.S. Forest Service the authority to grant certain rights-of-way through lands in the National Forest System, but no federal agency has the authority to grant equivalent rights-of-way through lands in the National Park System. +In 2017, the Federal Energy Regulatory Commission granted Atlantic Coast Pipeline LLC (Atlantic) authorization to construct, operate, and maintain a natural gas pipeline that would cross the Appalachian Trail at points located within the George Washington and Monogahela National Forests. After a review process, the Forest Service authorized Atlantic to proceed with construction of the pipeline, finding it had authority under the Mineral Leasing Act to grant a right-of-way for the pipeline and that the pipeline “would have no long lasting impacts” on the Trail. +Cowpasture River Preservation Association and others filed a petition in the U.S. Court of Appeals for the Fourth Circuit for review of the Forest Service’s record of decision and special use permit. The court granted the petition, vacated the record of decision and special use permit, and remanded to the Forest Service. Notably, the court determined that the Forest Service lacked authority to grant the right-of-way under the Mineral Leasing Act because the Appalachian Trail is a “unit” of the National Park System. The court determined that the Mineral Leasing Act “specifically excludes” the Trail “from the authority of the Secretary of the Interior ‘or appropriate agency head’ to grant pipeline rights of way.” +The Court consolidated this case for oral argument with U.S. Forest Service v. Cowpasture River Preservation Association, No. 18-1584. +" +TEST_0583,Cohen,Cowles Media Company,"Cohen was a campaign associate in the 1982 Minnesota gubernatorial race. He gave court records concerning another party's candidate for lieutenant governor to the St. Paul Pioneer Press and the Minneapolis Star and Tribune. Though he had received a promise of confidentiality from the reporters, the papers identified Cohen in their stories. He was fired as a result. Cohen sued the papers in state court, alleging a breach of contract. At trial, Cohen won compensatory damages and the state appellate court upheld the award. But the Minnesota Supreme Court reversed, ruling that Cohen's claim relied on state ""promissory estoppel"" law, a law that essentially prevented a promisor from breaking a promise. The court ruled that the First Amendment's free press guarantee prevented promissory estoppel from applying to the newspapers. +" +TEST_0584,United States Jaycees,Roberts,"According to its bylaws, membership in the United States Jaycees was limited to males between the ages of eighteen and thirty-five. Females and older males were limited to associate membership in which they were prevented from voting or holding local or national office. Two chapters of the Jaycees in Minnesota, contrary to the bylaws, admitted women as full members. When the national organization revoked the chapters' licenses, they filed a discrimination claim under a Minnesota anti-discrimination law. The national organization brought a lawsuit against Kathryn Roberts of the Minnesota Department of Human Rights, who was responsible for the enforcement of the anti-discrimination law. +" +TEST_0585,Almendarez-Torres,United States,"8 USC section 1326(a) makes it a crime, punishable by up to two years in prison, for a deported alien to return to the United States without special permission. In 1998, Congress added subsection (b)(2), which authorizes a maximum prison term of 20 years for ""any alien described"" in subsection (a), if the initial ""deportation was subsequent to a conviction for commission of an aggravated felony."" In 1995, Hugo Almendarez-Torres pleaded guilty to violating section 1326. Ultimately, the District Court sentenced Almendarez- Torres to 85 months' imprisonment. The court rejected his argument that, because his indictment failed to mention his aggravated felony convictions, the court could not sentence him to more than the maximum sentence authorized by section 1326(a). In affirming, the Court of Appeals held that subsection (b)(2) is a penalty provision which permits the imposition of a higher sentence when the unlawfully returning alien also has a record of prior convictions. +" +TEST_0586,Ohio,Osborne,"After obtaining a warrant, Ohio police searched the home of Clyde Osborne and found explicit pictures of naked, sexually aroused male adolescents. Osborne was then prosecuted and found guilty of violating an Ohio law that made the possession of child pornography illegal. +" +TEST_0587,Egelhoff,Egelhoff,"David A. Egelhoff designated his wife, Donna Rae Egelhoff, as the beneficiary of a life insurance policy and a pension plan provided by his employer and governed by the Employee Retirement Income Security Act of 1974 (ERISA). Two months after the Egelhoffs divorced, Mr. Egelhoff died. His children then sued Donna Rae to recover the insurance proceeds and the pension plan benefits. The children relied on a Washington state statue that provides that the designation of a spouse as the beneficiary of a nonprobate asset - defined to include a life insurance policy or employee benefit plan - is revoked automatically upon divorce. Subsequently, the proceeds would pass to the children as Mr. Egelhoff's statutory heirs under state law. Under ERISA, the state trial courts granted Donna Rae summary judgment. In reversing, the Washington Court of Appeals found that the statute was not pre-empted by ERISA. In affirming, the Washington Supreme Court held that the statute does not ""refer to"" ERISA plans to an extent that would require pre-emption. +" +TEST_0588,Wyoming,Houghton,"After pulling Sandra Houghton's friend over during a routine traffic stop, a Wyoming Highway Patrol officer noticed a needle in the driver's shirt pocket. Upon learning that the needle was used for drugs, the officer searched the car and Houghton's purse, where he found more drug paraphernalia. Houghton challenged her subsequent arrest on drug charges, alleging that the officer's search of her purse was unconstitutional. On appeal from an adverse appeals court ruling, overturning a favorable trial court decision, the Supreme Court granted Wyoming certiorari. +" +TEST_0589,Missouri,Patrice Seibert,"Patrice Seibert was convicted of second degree murder for the death of 17 -year-old Donald Rector, who died in a fire set in the mobile home where he lived with Seibert. Several days after the fire, Seibert was interrogated by a police officer. The officer initially withheld her Miranda warnings, hoping to get a confession from her first. Once she had confessed, the officer took a short break from questioning, then read her her Miranda rights and resumed questioning her after she waived those rights. He prompted her to restate the confession that she had made earlier. Based on this second, Mirandized confession, Seibert was convicted. +She appealed, charging that the officer's intentional use of an un-Mirandized interrogation to get the initial confession made the later confession, though it occurred after she had waived her Miranda rights, inadmissable. The prosecution cited Oregon v. Elstad to argue that an initial, un-Mirandized confession did not make a defendant incapable of voluntarily waiving her Miranda rights and confessing later. +The Supreme Court of Missouri agreed with Seibert, overturning the conviction. +" +TEST_0590,Arizona,Gault,"Gerald Francis Gault, fifteen years old, was taken into custody for allegedly making an obscene phone call. Gault had previously been placed on probation. The police did not leave notice with Gault's parents, who were at work, when the youth was arrested. After proceedings before a juvenile court judge, Gault was committed to the State Industrial School until he reached the age of 21. +" +TEST_0591,Joe Garcia Espitia,"Anthony Kane, Warden","Joe Garcia Espitia chose to represent himself in his trial on charges of carjacking and was convicted. Garcia Espitia was repeatedly denied law library access to prepare for trial, but he received four hours of access during trial just before closing arguments. He sought federal habeas relief, but the district court denied his petition. The U.S. Court of Appeals for the Ninth Circuit reversed and held that the lack of pretrial access to law books violated Garcia Espitia’s Sixth Amendment right to represent himself as established in Faretta v. California. +" +TEST_0592,Jonathan Lehr,"Lorrain Robertson, Richard N. Robinson","Jonathan Lehr, the biological father of Jessica M., filed a petition to vacate an order of adoption. He argued that Jessica was adopted by her mother’s husband in violation of the Constitution because Lehr was never notified of the proceedings. Under New York law, Lehr was not in any of the classes of people entitled to notification of adoption proceedings. Lehr never supported the child financially, had a significant relationship with the child, or entered his name into the state’s father registry. The Ulster County Family Court denied Lehr’s petition and the Appellate Division and New York Court of Appeals affirmed. +" +TEST_0593,Massachusetts,United States,"In 1970, Congress imposed an annual registration tax on all civil aircraft that fly in the navigable airspace of the United States. The state of Massachusetts owned and utilized a helicopter for the purpose of patrolling highways and fulfilling other police duties. When Massachusetts refused to pay the tax, the federal government collected it from the state's accounts, plus interest and penalties. Massachusetts then sought a refund of the money collected. +" +TEST_0594,Cecil Ray Price,United States,"On June 21, 1964 Cecil Ray Price, a sheriff’s deputy, detained three civil rights workers, Michael Henry Schwerner, James Earl Chaney, and Andrew Goodman, in the Neshoba County Jail, in Philadelphia, Mississippi. That night, Price released all three men from custody, and then drove his police cruiser to intercept them on Mississippi Highway 19. Price accosted the three men, placed them in his police car, and then drove them down an unpaved road. There Price and seventeen other men, including both local citizens and members of the Philadelphia, Mississippi Police Department, executed the three men and dumped their bodies in a construction site. All eighteen defendants were subsequently arrested and were indicted by a Grand Jury on January 15, 1965 for violating federal statutes. The first statute, 18 U.S.C.S. 241, dealt with criminal conspiracies. The second statute, 18 U.S.C.S. 242, criminalized anyone acting under the color of law from depriving any of the rights, privileges, or immunities guaranteed by the Constitution. The United States District Court for the Southern District of Mississippi dismissed the charges for violating 18 U.S.C.S. 242 against the non-police officer defendants, claiming that the indictment did not state an actual offense against the United States. This appeal followed.  +" +TEST_0595,Thomas Robins,"Spokeo, Inc.","Spokeo, Inc. (Spokeo) operated a website that provided information about individuals such as contact data, marital status, age, occupation, and certain types of economic information. Thomas Robins sued Spokeo and claimed that the company willfully violated the Fair Credit Reporting Act (FCRA) by publishing false information about him on the website. However, Robins was unable to allege any “actual or imminent harm,” so the district court granted Spokeo’s motion to dismiss for lack of subject-matter jurisdiction and Robins’ lack of standing under Article III of the Constitution. Robins then filed an amended complaint in which he alleged that he suffered actual harm to his employment prospects due to the website falsely claiming that he was wealthy. The district court originally denied Spokeo’s motion to dismiss but later reconsidered its order and dismissed the complaint for failure to state an injury in fact. Robins appealed and argued that the district court could not reconsider its previous decision and that he had sufficiently alleged an injury in fact to qualify for Article III standing. The U.S. Court of Appeals for the Ninth Circuit reversed and held that, although the district court could reconsider its ruling, the allegation of a violation of a statutory right is sufficient injury to qualify for standing. +" +TEST_0596,Mary K. Viegelahn,"Charles E. Harris, III","In February 2010, Charles Harris filed for bankruptcy under Chapter 13 of the Bankruptcy Code. The approved plan instructed Harris to make monthly payments to the trustee Mary Viegelahn for sixty months, as well as monthly payments directly to Chase, which held his mortgage. After the mortgage and secured creditors debts were paid off, the payments would go to Harris' unsecured creditors. In October 2010, Chase moved to lift the automatic stay of Harris' home for his failure to make the mortgage payments, and Harris moved out of his house when the stay was lifted in November 2010. At that point, Viegelahn held the portion of the monthly payments intended to go to Chase. After Harris voluntarily converted his bankruptcy case to Chapter 7, Viegelahn distributed those funds to Harris' creditors. Harris sued for that money and argued that Viegelahn had no authority to disburse funds after conversion of the case. The bankruptcy court issued an order compelling the return of the funds and the district court affirmed. However, the U.S. Court of Appeals for the Fifth Circuit reversed and held that the undistributed payments that the Chapter 13 trustee holds at the time of the case's conversion to Chapter 7 must be distributed to creditors pursuant to the Chapter 13 plan. +" +TEST_0597,Thomas Carr,United States,"An Indiana federal district court convicted Thomas Carr of violating the Sex Offender and Registration and Notification Act. The Act imposes penalties on anyone who is a convicted sex offender, and traveling in interstate or foreign commerce, knowingly fails to register as a sex offender, unless he proves that ""uncontrollable circumstances"" prevented him from doing so. On appeal, Carr argued that he did not violate the act because he traveled before the Act was passed. The Seventh Circuit held that the Act does not require that the defendant's travel postdate its enactment, and, consequently, affirmed the district court. +" +TEST_0598,Michael Alvarado,"Michael Yarborough, Warden","Police interviewed Michael Alvarado, 17, without his parents at a police station about his involvement in a crime. Police neither arrested nor Mirandized Alvarado. During the interview, Alvarado confessed involvement. Based, in part, on these statements, Alvarado was convicted of second-degree murder and attempted robbery. After failed appeals in the California courts, Alvarado unsuccessfully sought a writ of habeas corpus in federal district court in California. The Ninth Circuit Court of Appeals reversed. Recognizing the ""in custody"" standard to be whether a reasonable person would feel free to end interrogation, the appeals court held that a juvenile is more likely to feel he is in custody. Because Alvarado was ""in custody,"" the Fifth Amendment required that his rights under Miranda v. Arizona (1966) be read to him. +" +TEST_0599,E. Pierce Marshall,Vickie Lynn Marshall,"Vickie Lynn Marshall (a.k.a. Anna Nicole Smith) was involved in a dispute in Texas Probate Court over the estate of her late husband, J. Howard Marshall. While the state-court proceedings were ongoing, Ms. Marshall filed for bankruptcy in federal court. E. Pierce Marshall, J. Howard's son, filed a claim alleging that Ms. Marshall had defamed him, and she filed a counterclaim alleging that E. Pierce had interfered with a gift she expected from her late husband's estate. The bankruptcy court ruled for Ms. Marshall and awarded her a large monetary award. Later, the probate court found J. Howard's will valid and ruled for his son. Under the judicially-created ""probate exception"" to federal jurisdiction, federal courts do not interfere with state-court judgments concerning wills and estates. E. Pierce Marshall appealed the bankruptcy court decision (awarding Ms. Marshall a large monetary award) to federal district court, invoking the probate exception to argue that the court had no jurisdiction. The district court disagreed and ruled for Ms. Marshall, holding that since her claim did not require invalidating the will, the probate exception did not apply. The Ninth Circuit reversed, broadly interpreting the probate exception as covering any question that would normally be handled in probate court. +" +TEST_0600,Arizona State Tax Commission,Rosalind McClanahan,"Rosalind McClanahan was a member of the Navajo Indian nation who lived on the Navajo Reservation in Apache County, Arizona. Her employer withheld $16.20 in 1967 for Arizona state income taxes. McClanahan sought the return of her withheld income. She claimed that since she was a Navajo Indian residing on the reservation and since her income was derived completely on the reservation, she was exempt from state taxation. When her request was denied, she filed suit in Apache County Superior Court. The Superior Court dismissed her claim. The Court of Appeals of Arizona affirmed the dismissal. The Supreme Court of Arizona rejected her petition for review. +" +TEST_0601,United States,Jeffrey Jerome Salinas,"Jeffrey Jerome Salinas was charged with bank robbery in federal district court. The district court treated Salinas’ two prior robbery convictions as unrelated. But because he had a prior conviction for possession of a controlled substance, he was treated as a career offender for sentencing purposes, which meant that his sentence was increased in accordance with the U.S. Sentencing Guidelines. The U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling and held that the district court properly treated Salinas’ prior robbery convictions as unrelated and that his conviction for simple possession of a controlled substance was a “controlled substance offense” within the meaning of ""career offender"" for sentencing purposes. +" +TEST_0602,Lonchar,Thomas,"Larry Grant Lonchar was sentenced to death for murder nine years ago. After the affirmance of Lonchar's conviction and sentence, his sister and brother filed ""next friend"" state habeas corpus petitions. Lonchar opposed both. Lonchar then filed a state habeas corpus petition, which was dismissed. Shortly before Lonchar's scheduled execution, he filed another state habeas corpus petition. When the petition was denied, Lonchar filed an ""eleventh hour"" federal petition, his first, on the day of his scheduled execution. The District Court held that Lonchar's conduct in waiting almost nine years to file his federal petition did not constitute an independent basis for rejecting the petition and granted a stay to permit time for consideration of other grounds for dismissal raised by the State. The court had reasoned that federal Habeas Corpus Rule 9, not some generalized equitable authority to dismiss, governed the case. The Court of Appeals vacated the stay. Setting aside the Rules and traditional habeas doctrine, the court held that equitable doctrines independent of Rule 9 applied and it concluded that Lonchar did not merit equitable relief. +" +TEST_0603,"City of Rancho Palos Verdes, California, et al.",Mark J. Abrams,"Rancho Palos Verdes, a city in California, gave Mark Abrams a permit to construct an antenna on his property for amateur use. But when the city learned Abrams used the antenna for commercial purposes, the city forced Abrams to stop until he got a commercial use permit. Abrams applied and the city refused to give him the permit. Abrams then sued in federal district court, alleging the city violated his rights under the Telecommunications Act of 1996. Abrams sought damages under a federal liability law that allowed people to sue for damages for federal rights violations. +The district court agreed with Abrams and ordered the city to give Abrams the permit. But the court refused Abrams' request for damages under the separate federal liability law. The court said Congress intended for violations of rights under the Telecommunications Act to include only remedies specifically found in that act. The Ninth Circuit Court of Appeals reversed and ruled that because the act did not contain a ""comprehensive remedial scheme,"" Abrams could seek damages under other federal laws. +" +TEST_0604,Ward,UNUM Life Insurance Company of America,"UNUM Life Insurance Company of America (UNUM) issued a long-term group disability policy to Management Analysis Company (MAC) as an insured welfare benefit plan governed the Employee Retirement Income Security Act of 1974 (ERISA). The policy provides that proof of claims must be furnished to UNUM within one year and 180 days after the onset of disability. John E. Ward, a California MAC employee, became permanently disabled in May 1992. Ward informed MAC of his disability in late February or early March 1993. UNUM received proof of Ward's claim on April 11, 1994. Ward was notified that his claim was denied as untimely because his notice was late under the terms of the policy. Ward then filed suit under ERISA's civil enforcement provision to recover the disability benefits provided by the plan. Ward argued that, under California's common-law agency rule, an employer administering an insured group health plan should be deemed to act as the insurance company's agent; therefore, his notice of permanent disability to MAC, in late February or early March 1993, sufficed to supply timely notice to UNUM. The District Court rejected Ward's argument and ruled in favor of UNUM, citing ERISA's preemption clause, which states that ERISA provisions ""shall supersede ... State laws"" to the extent that those laws ""relate to any employee benefit plan."" In reversing, the Court of Appeals noted that Ward might prevail under California's ""notice-prejudice"" rule, under which an insurer cannot avoid liability although the proof of claim is untimely, unless the insurer shows it suffered actual prejudice from the delay. +" +TEST_0605,United States,Humberto Fidel Regalado Cuellar,"Humberto Fidel Regaldo Cuellar was apprehended in 2004 driving a Volkwagen Beetle crawling 30 miles below the speed limit on a main artery through Texas to Mexico. When police pulled Cuellar over, they discovered that he had logged about 1,000 miles in the past two days stopping in major cities along the way for just hours each time. When questioned, Cuellar acted nervously; he later turned over a large roll of cash that smelled like marijuana. When police examined the car, they found drill marks suggesting tampering with the gas tank, as well as mud splashings and animal hair typical of efforts to conceal the existence of contraband. Police found $83,000 in cash in a secret compartment beneath the floorboard. Cuellar was convicted of money laundering, but the appeals court overturned the conviction. The court ruled that the federal money laundering statute required the government to prove that Cuellar was attempting to portray the money he carried as legitimate wealth, rather than merely showing that he tried to hide it. +" +TEST_0606,"Robert (Bobby) Smith, Donald W. Morgan, John Harrington et al.","Vernon Lee Bounds; Commission, State Department of Corrections; Stanley Blackledge, Warden, Cetral State Prison; R. L. Turner, Superintendent of Odom Correctional Institution et al.","The North Carolina Department of Correction (“DoC”) had custody of approximately 10,000 prisoners housed in 80 prison units in 67 different counties. The only unit having a writ room and some semblance of a legal library was the Central Prison in Raleigh. Robert Smith, Donald W. Morgan, and John Harrington were all inmates in the DoC’s custody. In consolidated cases, the plaintiffs alleged that the state of North Carolina failed to provide its prisoners with proper legal facilities. They argued that this violated their right of access to the courts guaranteed by the First and Fourteenth Amendments. +The district court granted the plaintiffs motion for summary judgment, ordering the responsible state officials to submit a proposed plan to provide library facilities for the use of indigent prisoners seeking to file pro se habeas or civil rights actions, or to provide some acceptable substitute. The court suggested that the state could fulfill its obligations by making legal counsel or assistance available, but did not mandate this approach. In response, the state proposed to construct seven new law libraries within the prison system, to expand the facilities at Central Prison, and to provide all inmates with access to these libraries upon request. +The plaintiffs protested that the plan was inadequate, but the court rejected their objections. It held that North Carolina was not constitutionally required to provide legal assistance as well as libraries. On appeal, the United States Court of Appeals, Fourth Circuit, affirmed, but held that the plan failed to provide female prisoners with the same access as male prisoners. +" +TEST_0607,"James R. McDonough, Interim Secretary, Florida Department of Corrections",Patrick Day,"Patrick Day was convicted of murder in state court. After a long delay, he filed a petition for federal review, arguing that his counsel was inadequate. Under the Antiterrorism and Effective Death Penalty Act, federal habeas corpus petitions must be filed within a one-year time limit. Day's petition was late, but the state of Florida failed to notice the untimeliness of the petition and instead addressed only the merits of Day's argument. Later a Federal Magistrate Judge did notice Day's failure to meet the deadline, and recommended to the District Court that the petition be dismissed. Day argued that by responding to the petition without disputing the timeliness, the state had forfeited the statute-of-limitations defense. The District Court disagreed and dismissed the petition. Day appealed to the Eleventh Circuit Court of Appeals, claiming that the District Court had acted unfairly when it ruled against him based on an argument that the state had not made. The Circuit Court rejected Day's argument and affirmed the District Court, ruling that the state's erroneous concession of the timeliness of the petition did not prevent the court from dismissing it. +" +TEST_0608,"Edward J. Garrity, et al.",State of New Jersey,"The Supreme Court of New Jersey ordered the Attorney General to investigate alleged irregularities in the handling of cases in the municipal courts of certain boroughs. As part of that investigation, police officers were brought in for questioning. They were told that anything they said might be used against them in a state criminal proceeding and that they could refuse to answer, but such refusal might be grounds for dismissal. The appellants represent a group of police officers who answered the questions and were charged with conspiracy to obstruct the administration of traffic laws. The appellants were convicted and they appealed by arguing that their statements were coerced by the threat of the loss of employment. The Supreme Court of New Jersey affirmed the convictions. +" +TEST_0609,South Carolina,Kelly,"After convicting William Kelly for murder, a South Carolina jury was asked to determine whether any aggravating factors had been shown and, if so, to recommend a sentence of death or life imprisonment. During sentencing, the prosecutor presented testimony that Kelly had taken part in an escape attempt with plans to hold a female guard hostage; provided evidence of Kelly's sadism and his desires to kill anyone who irritated him; and spoke of Kelly as a ""butcher,"" ""bloody,"" and ""dangerous."" Relying on the holding of Simmons v. South Carolina, 512 U.S. 154, that when ""a capital defendant's future dangerousness is at issue, and the only sentencing alternative to death...is life imprisonment without possibility of parole, due process entitles the defendant 'to inform the jury of [his] parole ineligibility,'"" Kelly's counsel requested a jury instruction stating that Kelly would be ineligible for parole if he received a life sentence. In refusing, the trial court said that the State's evidence went to Kelly's character and characteristics, not to future dangerousness. The jury recommended a death sentence. In affirming the sentence, the State Supreme Court held Simmons inapposite because state law provided the jury with a third sentencing alternative and future dangerousness was not at issue. +" +TEST_0610,Hibbs,Nevada Department of Human Resources,"William Hibbs, an employee of the Nevada Department of Human Resources, sought leave to care for his wife under the Family and Medical Leave Act of 1993 (FMLA). The FMLA entitles an eligible employee to take up to 12 workweeks of unpaid leave annually for the onset of a ""serious health condition"" in the employee's spouse. The Department granted Hibbs's request for the full 12 weeks of FMLA leave and, after he had exhausted that leave, informed him that he must report to work by a certain date. When Hibbs failed to do so, he was fired. Pursuant to FMLA provisions creating a private right of action ""against any employer"" that ""interfered with, restrained, or denied the exercise of"" FMLA rights, Hibbs sued in Federal District Court, seeking money damages for FMLA violations. The District Court concluded that the Eleventh Amendment barred the FMLA claim. The Court of Appeals reversed. +" +TEST_0611,Garvey,Major League Baseball Players Association,"After the Major League Baseball Players Association filed grievances against the Major League Baseball Clubs, arbitrators found that the Clubs had colluded in the market for free-agent services in violation of the industry's collective bargaining agreement. To cover damages, the Association and Clubs entered into an agreement, which provided funds and framework to resolve individual player's claims. Steve Garvey, a first baseman, submitted a claim alleging that the San Diego Padres did not extend his contract to the 1988 and 1989 seasons due to collusion. Under the framework, the Association denied Garvey's claim. Agreeing, the arbitrator determined that Garvey did not receive a contract extension due to collusion and found that Garvey had not shown a specific offer of extension. Ultimately, the Court of Appeals reversed the District Court's denial of Garvey's motion to vacate the arbitrator's award. The appellate court, under the Labor Management Relations Act, directed the arbitration panel to enter an award for Garvey because it concluded from the arbitration proceedings that an offer was made to Garvey and that it was withdrawn due to collision. +" +TEST_0612,Unemployment Appeals Comm'n of Florida,Hobbie,"Paula Hobbie worked for Lawton and Company, a Florida jewelry shop. She joined the Seventh-day Adventist Church and informed her employer that she could not work from sundown on Friday to sundown on Saturday since it was her new church's Sabbath day. Lawton soon dismissed her for refusing to work Friday evening and Saturday shifts. Hobbie filed for unemployment compensation with the Florida Department of Labor and Employment Security. Lawton objected to paying benefits, claiming that she did qualify since she had been dismissed ""for misconduct connected with her work."" The Bureau of Unemployment Compensation agreed and denied her benefits. Hobbie claimed that this violated the Free Exercise Clause of the First Amendment. She unsuccessfully appealed the decision in the Florida Fifth District Court of Appeal. +" +TEST_0613,United States,Edwin D. Lee,"Edwin Lee, a member of the Old Order Amish, employed several other Amish workers on his farm and in his carpentry shop. He did not pay quarterly social security taxes, and in 1978, the Internal Revenue Service (IRS) assessed $27,000 in unpaid taxes. Lee paid the portion due for the first quarter of 1973 and sued for a refund. Lee argued that the tax violated his First Amendment right to free exercise of religion. In the Amish religion, it is a sin not to provide for the community’s elderly and needy citizens. Lee argued that paying the federal government for Social Security violates that provision of his religion by giving the responsibility of caring for the elderly and needy to the government. The district court held that the Social Security tax was unconstitutional as applied. The court also noted that §1402(g) provides an exception to the social security tax for certain self employed individuals. The U.S. Supreme Court heard this case on direct appeal. +" +TEST_0614,State of Louisiana,Billy J. Taylor,"Billy J. Taylor was indicted on kidnapping charges by the grand jury of St. Tammany Parish. The day before his trial was supposed to start, he filed a motion to quash the petit jury that was selected for his trial because he argued that women were systematically excluded, which denied him a right to trial by a jury of his peers. Although 53% of eligible jurors in his district were female, only 10% of the jury wheel was female. This discrepancy was due to an article of the Louisiana Constitution that specifies that a woman could not be selected for jury service unless she had previously submitted a written declaration of her desire to serve. The trial court dismissed Taylor’s motion, and he was tried and found guilty. He appealed to the Louisiana Supreme Court, which held that the article regulating women’s jury service did not violate federal law. +" +TEST_0615,Maryland,John Dalmer Benton,"Benton was charged with burglary and larceny in a Maryland court. A jury found him not guilty of larceny but guilty of burglary. He was sentenced to ten years in prison. He won his appeal on the grounds that the grand jury that indicted him and the petit jury that convicted him were selected unconstitutionally. The case was remanded and Benton chose to confront a new grand jury. It indicted him for larceny and burglary; the petit jury found him guilty of both charges. Benton then appealed arguing that that re-indicting him on the larceny charge after he had been acquitted amounted to double jeopardy. The Maryland Supreme Court affirmed, following the U.S. Supreme Court's Palko decision, which held that the double-jeopardy clause did not apply to state court criminal proceedings. +" +TEST_0616,"James R. Clapper, et al.","Amnesty International USA, et al.","Several groups, including attorneys, journalists, and human rights organizations, brought a facial challenge to a provision of the Foreign Intelligence Surveillance Act (FISA). The provision creates new procedures for authorizing government electronic surveillance of non-U.S. persons outside the U.S. for foreign intelligence purposes. The groups argue that the procedures violate the Fourth Amendment, the First Amendment, Article III of the Constitution, and the principle of separation of powers. The new provisions would force these groups to take costly measures to ensure the confidentiality of their international communications. The District Court for the Southern District of New York granted summary judgment for the government, holding that the groups did not have standing to bring their challenge. The groups only had an abstract subjective fear of being monitored and provided no proof that they were subject to the FISA. The U.S. Court of Appeals for the Second Circuit reversed, holding that the groups had standing based on a reasonable fear of injury and costs incurred to avoid that injury. +" +TEST_0617,Bestfoods,United States,"The site of a chemical manufacturing plant was polluted over many years. During much of the time, the companies running the plant were wholly owned subsidiaries of, first, CPC International Inc. (CPC), and later Aerojet- General Corp (Aerojet). By 1981, the federal Environmental Protection Agency had undertaken to have the site cleaned up. To recover some of the money spent, the U.S. filed an action under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. Section 9607(a)(2). Section 107 allows the U.S. to seek reimbursement for cleanup costs from, among others, ""any person who at the time of disposal of any hazardous substance owned or operated any facility."" The first phase of the trial concerned only liability, and focused on whether CPC and Aerojet had ""owned or operated"" the facility. +" +TEST_0618,Gottshall,Consolidated Rail Corporation,"Consolidated Rail Corporation (Conrail) employee James Gottshall observed a fellow worker, Richard Johns, die of a heart attack while on duty. Gottshall's boss postponed seeking medical assistance during Johns' heart attack, insisted that the crew keep working, and left the body at the work site for the remainder of the work day. Shortly after Johns's death, Gottshall was admitted to a psychiatric institution. Gottshall sued Conrail under the Federal Employers' Liability Act (FELA) for exposing him to distressing circumstances which he claimed caused his illness. A District Court rejected the suit. +The U.S. Court of Appeals for the Third Circuit reversed and found that Gottshall's injuries were ""genuine and severe."" The Third Circuit contrasted the liberal injury recovery policy embodied in FELA over the more limited injury relief recovery policy embodied in common law standards, which often applied harsh tests to prove employee injury. +Conrail employee Alan Carlisle also filed a FELA action against Conrail. He claimed that Conrail subjected him to unsafe working conditions, which caused him stress and lead to health problems. Because the stress related health problems were foreseeable to Conrail, the Third Circuit affirmed the judgment for Carlisle. +" +TEST_0619,Williams,Lee,"A non-Native American merchant ran a general store on a Navajo reservation. The merchant filed a collection action against petitioners, Native American customers, for goods sold on credit at the store. The Supreme Court of Arizona affirmed the trial court's judgment that the state courts had jurisdiction. The Native American customers sought review. +" +TEST_0620,Board of Equalization of California,Jimmy Swaggart Ministries,"California law required retailers to pay a 6 percent sales tax on in-state sales of tangible personal property and residents to pay a 6 percent use tax on such property if purchased out of state. Jimmy Swaggart Ministries, incorporated in Louisiana, sold religious materials to California residents through several direct and mail-order ""evangelistic crusades."" After auditing his ministry, the California Board of Equalization (""Board"") told Swaggart that under California law he had to register his ministry as a seller so the Board could collect the appropriate sales and use taxes. After paying the taxes, Swaggart petitioned the Board for a refund. When his petition was rejected, Swaggart challenged the Board in state court. Following two unfavorable rulings below, the U.S. Supreme Court granted Swaggart's petition for certiorari. +" +TEST_0621,Kelly,South Carolina,"After convicting William Kelly for murder, a South Carolina jury was asked to determine whether any aggravating factors had been shown and, if so, to recommend a sentence of death or life imprisonment. During sentencing, the prosecutor presented testimony that Kelly had taken part in an escape attempt with plans to hold a female guard hostage; provided evidence of Kelly's sadism and his desires to kill anyone who irritated him; and spoke of Kelly as a ""butcher,"" ""bloody,"" and ""dangerous."" Relying on the holding of Simmons v. South Carolina, 512 U.S. 154, that when ""a capital defendant's future dangerousness is at issue, and the only sentencing alternative to death...is life imprisonment without possibility of parole, due process entitles the defendant 'to inform the jury of [his] parole ineligibility,'"" Kelly's counsel requested a jury instruction stating that Kelly would be ineligible for parole if he received a life sentence. In refusing, the trial court said that the State's evidence went to Kelly's character and characteristics, not to future dangerousness. The jury recommended a death sentence. In affirming the sentence, the State Supreme Court held Simmons inapposite because state law provided the jury with a third sentencing alternative and future dangerousness was not at issue. +" +TEST_0622,Roe,Whalen,"In 1972, the state legislature enacted the New York State Controlled Substances Act. The Act required doctors to fill out forms for potentially harmful prescription drugs. The prescribing doctor kept one copy, while another copy was sent to the dispensing pharmacy and a third copy was sent to the state department of health. The forms included personal information such as the patient's name, address, and age. +" +TEST_0623,United States Postal Service,"Flamingo Industries (USA) Ltd., et al.","When the U.S. Postal Service ended its mail-sack contract with Flamingo Industries, Flamingo sued in U.S. district court. Flamingo claimed the Postal Service declared a ""fake emergency in the supply of mail sacks"" so it could give no-bid contracts to cheaper foreign manufacturers without allowing U.S. companies to compete for them. Flamingo claimed this violated federal antitrust laws (among other charges). The district court dismissed the antitrust claim reasoning that the federal government is protected by sovereign immunity. The Ninth Circuit Court of Appeals reversed on the antitrust immunity count. It ruled that the 1970 Postal Reorganization Act waived the Postal Service's sovereign immunity and that it could be sued under federal antitrust laws as a ""person."" +" +TEST_0624,Todd A. Brecht,"Gordon A. Abrahamson, Superintendent, Dodge Correctional Institution","Todd Brecht was charged with murder for shooting his brother-in-law. During his trial, he testified that the shooting was an accident. In addition to presenting other evidence, the prosecution pointed out his silence (both prior to his receiving the Miranda warnings and after) in an attempt to discredit his testimony. Brecht was found guilty and sentenced to life in prison. +Brecht appealed, claiming that the prosecution's reference to his post-Miranda silence violated his right to due process according to Doyle v. Ohio. The Wisconsin Court of Appeals overturned the conviction, but the Supreme Court of Wisconsin reinstated it. They found that the mention of post-Miranda silence was impermissible under Doyle, but was also harmless error according to the ""beyond a reasonable doubt"" standard from Chapman v. California. +Brecht sought a writ of habeas corpus in federal court. The District Court upheld his Doyle claim and found that the violation was not harmless error under Chapman. Brecht's conviction was thus overturned again, only to be reinstated by the United States Court of Appeals for the Seventh Circuit. +The Seventh Circuit held that Chapman was not the appropriate standard under which to review Doyle error in federal habeas petitions. Rather than adhering to the Chapman standard, the court applied the Kotteakos v. United States test, which requires that the Doyle error have a ""substantial and injurious effect"" on the jury's verdict. Brecht's Doyle claim did not meet this standard, and the Seventh Circuit denied the writ. +" +TEST_0625,Minnesota,Carter,"Wayne Thomas Carter, Melvin Johns, and Kimberly Thompson were arrested after a police officer observed them through a window bagging cocaine in Thompson's apartment. During the trial in Minnesota state court, the defendants moved to suppress the cocaine as evidence. They argued the officer's initial observation was an unreasonable search and seizure in violation of their Fourth Amendment rights. Subsequently, they were all convicted on state drug charges. The Minnesota trial court held that because they were not overnight social guests they were not protected by the Fourth Amendment. Moreover, the court held that the officer's window-based observation was not a search under the Fourth Amendment. On appeal, the state intermediate appellate court held Carter did not have standing for an objection to the officer's action because his use of the apartment for drug purposes removed any legitimate expectation of privacy. The court also affirmed Johns' conviction . The Minnesota Supreme Court reversed. It held that the defendants had a legitimate expectation of privacy in the invaded place and that the officer's observation constituted an unreasonable search. Minnesota sought a writ of certiorari in the U.S. Supreme Court. +" +TEST_0626,Correctional Services Corporation,Malesko,"In 1993, John E. Malesko was assigned to a bedroom on the fifth floor of the Le Marquis Community Correctional Center, a facility that houses federal inmates run by the Correctional Services Corporation (CSC) under contract with the Bureau of Prisons. After CSC instituted a policy requiring inmates residing below the sixth floor to use the stairs rather than the elevator, Malesko, who was afflicted with a heart condition limiting his ability to climb stairs, was exempted form the policy. When a CSC employee did not let Malesko use the elevator, he climbed the stairs, suffered a heart attack, and fell. Subsequently, Malesko filed a suit, alleging that CSC was negligence in refusing him the use of the elevator. Under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, in which the U.S. Supreme Court recognized for the first time an implied private action for damages against federal officers alleged to have violated a citizen's constitutional rights, the District Court dismissed the suit, finding that such an action may only be maintained against individuals. In reversing, the Court of Appeals reasoned that such private entities should be held liable under Bivens to accomplish Bivens' goal of providing a remedy for constitutional violations. +" +TEST_0627,Murray,Turner,"In July 1978, Willie Lloyd Turner entered a jewelry store and killed the proprietor. Turner was disarmed, arrested, and charged with capital murder. During the jury selection process, Turner's counsel requested that the trial judge ask potential jurors if they would be biased by the fact that Turner was black while the victim was white. The judge declined to ask the question regarding racial prejudice and instead asked the prospective jurors if they thought that they would be able to be impartial and fair. Turner was convicted and sentenced to death. +After exhausting his appellate options at the state level, Turner filed a petition for habeas corpus in federal district court. Because the facts of the case ""did not suggest a significant likelihood that racial prejudice might [have] infect[ed the defendant's] trial,"" the district court held that the trial judge's refusal to question potential jurors about racial prejudice was not unconstitutional. The U.S. Court of Appeals for the Fourth Circuit affirmed. +" +TEST_0628,"Fox Television Stations, Inc., et al.","No. 07-582 Title: Federal Communications Commission, et al.","In 2002 and 2003, Fox Television Stations broadcast the Billboard Music Awards, an annual program honoring top-selling musicians. During the broadcasts, one musician used an explicative in his acceptance speech, and a presenter used two expletives. The Federal Communications Commission (FCC), although it had previously taken the position that such fleeting and isolated expletives did not violate its indecency regime, issued notices of liability to Fox for broadcasting the profane language. The FCC argued that previous decisions referring to ""fleeting"" expletives were merely staff letters and dicta and did not accurately represent its position on the matter. Fox appealed the FCC sanctions to the U.S. Court of Appeals for the Second Circuit. +The Second Circuit held that the FCC's liability order was ""arbitrary and capricious"" under the governing Administrative Procedure Act because the FCC had completely reversed its position on fleeting expletives without giving a proper justification. The Second Circuit also failed to find any evidence that the expletives were harmful. +" +TEST_0629,American College of Obstetricians and Gynecologists,Thornburgh,"In 1982, the state of Pennsylvania enacted legislation that placed a number of restrictions on abortion. The law required the following: ""informed consent"" of the woman, the dissemination of information concerning the risks of abortion, reporting procedures, the use of certain medical techniques after viability, and the presence of a second physician for post-viability abortions. The initial suit was brought against Richard Thornburgh, the Governor of Pennsylvania. +" +TEST_0630,Pennsylvania Bd. of Probation and Parole,Scott,"In granting Keith M. Scott parole, the Pennsylvania Board of Probation and Parole (the ""Board""), stipulated that he refrain from owning or possessing weapons. When officers learned that Scott may be in possession of weapons, they searched his home and found a bow and arrow and some firearms. Despite objecting at his parole violation hearing that the search was unconstitutional, the seized weapons were admitted as evidence and Scott was ultimately recommitted. On appeal, the Commonwealth Court of Pennsylvania affirmed Scott's challenge to the search and the Pennsylvania Supreme Court sustained the decision. The Supreme Court granted the Board certiorari. +" +TEST_0631,"Mohawk Industries, Inc.",Norman Carpenter,"In 2006, Norman Carpenter, a Shift Supervisor at a Mohawk Industry manufacturing facility, was fired after violating Mohawk's Code of Ethics. He subsequently filed suit for wrongful termination in a Georgia federal district court. He argued that he was fired, not for violating company protocols, but for reporting immigration violations to Mohawk's human resources department. Mr. Carpenter stated that after filing his report, a Mohawk company attorney met with him and attempted to persuade him to recant. The report would have been detrimental to Mohawk as it was then involved in a class action lawsuit which charged the company with conspiring to hire illegal immigrants. +Before trial and as part of discovery, Mr. Carpenter requested information from Mohawk related to his meeting with its attorney. Mohawk contended that the information was protected by the attorney-client privilege. The federal district court ordered Mohawk to disclose the information, but permitted the company to appeal. On appeal, the U.S. Court of Appeals for the Eleventh Circuit held that it lacked jurisdiction to review the order for discovery. It reasoned that while the Supreme Court's decision in Cohen v. Beneficial Industrial Loan Corp. provided an exception to the finality requirement necessary for an appellate court to have jurisdiction over appeals, the appeal of a discovery order involving attorney-client privilege did not qualify for exception. +" +TEST_0632,Sell,United States,"In 1997, the Federal Government charged Charles Sell with submitting fictitious insurance claims for payment. Although Sell has a long history of mental illness and was initially found competent to stand trial for fraud and attempted murder, a Federal Magistrate Judge ordered his hospitalization to determine whether he would attain the capacity to allow his trial to proceed. Subsequently, the Magistrate authorized forced administration of antipsychotic drugs. In affirming, the District Court concluded that medication was the only viable hope of rendering Sell competent to stand trial and was necessary to serve the Federal Government's interest in obtaining an adjudication of his guilt or innocence. The Court of Appeals affirmed. On the fraud charges, the appellate court found that the Federal Government had an essential interest in bringing Sell to trial, that the treatment was medically appropriate, and that the medical evidence indicated that Sell would fairly be able to participate in his trial. +" +TEST_0633,Pro Football Inc.,Brown,"After their collective-bargaining agreement expired, the National Football League (NFL) -- a group of football clubs -- and the NFL Players Association -- a labor union -- began to negotiate a new contract. The NFL presented a plan that would permit each club to establish a ""developmental squad"" of substitute players, each of whom would be paid the same $1,000 weekly salary. The union disagreed. When the negotiations reached an impasse, the NFL unilaterally implemented the plan. A number of squad players brought an antitrust suit, claiming that the employers' plan unfairly restrained trade. The District Court awarded damages to the players, but the Court of Appeals reversed that decision. +" +TEST_0634,"County School Board of Prince Edward County, et al.","Cocheyse J. Griffin, et al.","In 1951, a group of African American students in Prince Edward County, Virginia filed a complaint in district court alleging that the Virginia laws requiring segregated schools denied them their Fourteenth Amendment rights to equal protection under the law. When the Supreme Court decided Brown v. Board of Education in 1954, this case and others like it were remanded to the lower courts to order desegregation. Prince Edward County resisted desegregation by refusing to levy and collect the school taxes for the 1959-1960 school year, which forced the public schools in the county to close. The Prince Edward School Foundation formed to ensure private education for the white students. African American students did not receive formal education from 1959 until 1963, when federal, state, and county authorities collaborated to hold desegregated classes in county-owned buildings. In 1960, the Prince Edward Board of Supervisors passed an ordinance providing tuition grants for the children attending the private schools of the Prince Edward School Foundation. +In 1961, the petitioners amended their original complaint to include new respondents and the elements of failing to provide public free schools in the county and using public funds to pay for segregated private schools. The district court held that the county could not pay the tuition grants as long as the public school remained closed, but the court refrained from making a decision regarding the closed public schools until the Virginia courts ruled on the issue. Later, without waiting for the decision of the Virginia courts, the district court held that the public schools must reopen. The United States Court of Appeals for the Fourth Circuit reversed the decisions on the grounds that the district court should have waited until the state courts determined the validity of the tuition grants and the closing of the public schools. +" +TEST_0635,Mackey,Montrym,"After he collided with a motorcycle in Acton, Massachusetts, Donald Montrym was arrested for driving under the influence of alcohol (“DUI”). A state court later dismissed the DUI charges, but the Massachusetts Registrar of Motor Vehicles suspended Montrym’s driver’s license for ninety days because Montrym had refused to take a breathalyzer test at the time of his arrest. Montrym filed a class-action lawsuit in federal district court alleging that the statute that required drivers to submit to breathalyzer tests violated the Due Process Clause of the Fourteenth Amendment because it did not provide for a pre-suspension hearing. The district court found in favor of Montrym and ordered the Registrar to return the plaintiffs’ licenses. The Registrar appealed directly to the Supreme Court. +" +TEST_0636,SmithKline Beecham Corporation d/b/a GlaxoSmithKline,"Michael Shane Christopher, Frank Buchanan","Michael Christopher and Frank Buchanan began working for GlaxoSmithKline LLC (""Glaxo"") as pharmaceutical sales representatives (""PSRs"") in 2003. Glaxo developed, produced, marketed and sold pharmaceutical products to distributors or retail pharmacies, which subsequently sell those products to consumers when authorized by doctors via prescription. The plaintiffs worked between ten and twenty hours outside of normal business hours each week. PSRs are compensated with a salary and additional incentive-based pay; they are not paid overtime for work done outside of standard business hours. +The Fair Labor Standards Act (""FLSA"") was enacted in 1938 to protect the well-being of workers. It imposed a baseline overtime wage on employers for employees who work over forty hours a week. There was an exception to the rule for ""outside salesmen"", defined by the Secretary of Labor (""Secretary"") as an employee whose primary duty is making sales or obtaining contracts and who is primarily and regularly engaged outside of the employer's office. Christopher and Buchanan filed suit in August of 2008, alleging that Glaxo's practice of requiring overtime work without additional pay violated the FLSA's overtime provisions. Both parties filed for summary judgment, and the district court found for Glaxo, agreeing that the plaintiffs fell within the FLSA's ""outside salesman"" exception. +The U.S. Court of Appeals for the the Ninth Circuit affirmed the district court's ruling. The Secretary filed an amicus curiae brief in support of Christopher and Buchanan's position, arguing that when a PSR promotes pharmaceutical products but does not receive items of value in exchange for those products, he does not fall within the ""outside salesman"" exception to the FLSA. The court rejected the Secretary's argument, however, reasoning that this definition is a simple parroting of the Congressional statute; such definitions require less deference by courts because they are not interpretive. Instead, the court pointed to Christopher and Buchanan's training in sales --and their experience in sales as a qualification for employment by Glaxo-- as evidence of their status as ""outside salesmen."" The court noted that the pharmaceutical industry self-regulated marketing to doctors much like other industries self-regulate direct-to-consumer marketing. +" +TEST_0637,"Aereo, Inc.","American Broadcasting Corporation, Inc., et al.","Aereo, Inc. (Aereo) provides a service that allows its subscribers to watch programs that are currently airing on network television or record programs that will air in the future over the Internet. By allowing subscribers to watch live television as well as record and watch shows on Internet-enabled devices including mobile phones, Aereo serves three functions: that of a regular television antenna, a recording device, and an application that makes these services work on devices other than televisions and computers. Aereo is currently only available to subscribers in the New York City area and offers only New York City local channels. Aereo does not have a license from the copyright holders of the programs to record or transmit their programs. +Two groups of plaintiffs filed separate copyright infringement suits against Aereo and moved for a preliminary injunction to prevent Aereo from transmitting programs to its subscribers while the programs were still being broadcast. The plaintiffs claimed that the transmission of the programs violated their right to ""publicly perform"" their copyrighted works. The district court denied the motion and held that Aereo's system was not substantially different from another that had been determined non-violative of the rights of copyright holders and that, while the injunction might prevent harm for the plaintiffs' businesses, it would irreparably harm Aereo's. The U.S. Court of Appeals for the Second Circuit affirmed the lower court's ruling to deny the motion. +" +TEST_0638,"Jack Reese, et al.","CNH Industrial N.V., et al.","In 1998, CNH agreed to a collective-bargaining agreement, which provided health care benefits under a group benefit plan to certain employees retiring under the pension plan. Other benefits, including life insurance, ceased upon retirement. The agreement also contained a clause stating that it would terminate in May 2004. When it did expire in 2004, a class of CNH retirees and surviving spouses filed a lawsuit seeking a declaratory judgment that their health care benefits vested for life and asking the district court to enjoin CNH from changing them. While that lawsuit was pending, the US Supreme Court issued a decision in M&G Polymers USA, LLC v. Tackett, holding that collective-bargaining agreements must be interpreted according to ordinary principles of contract law. The Court’s holding in Tackett specifically targeted the Sixth Circuit, in which there was precedent for courts to presume that collective-bargaining agreements vested retiree benefits for life. +Because of the intervening ruling by the US Supreme Court in Tackett, the district court initially awarded summary judgment in favor of CNH, but then it awarded summary judgment to the retirees. The Sixth Circuit affirmed the court’s award of summary judgment to the retirees, using the same precedents the Court proscribed in Tackett to find the collective-bargaining agreement ambiguous as a matter of law and thus susceptible to interpretation based on extrinsic evidence about lifetime vesting. +" +TEST_0639,"John Briggs, et al.","William H. Stafford, Jr., et al.","These are two consolidated cases. For 77-1546, in 1972, U. S. Attorney William Stafford, Assistant U.S. Attorney for the Northern District of Florida Stuart Carrouth, and Department of Justice Attorney Guy Goodwin conducted a grand jury investigation into a conspiracy to cause a riot in Florida. Respondents were among the group subpoenaed to appear and testify. During the course of the proceedings, Goodwin stated under oath that there were no government agents in the witness lineup called by respondents’ counsel. Respondents later sued Stafford, Carrouth, Goodwin, and FBI Agent Claude Meadow in their individual and official capacities for falsely testifying and conspiring to deprive the respondents of statutory rights. Respondents sued in the District Court for the District of Columbia, where Goodwin resided. The petitioners requested a transfer to the Northern District of Florida or a dismissal based on improper venue. The district court denied the motion to transfer but granted the motion to dismiss. The U.S. Court of Appeals for the District of Columbia Circuit reversed and held that the venue was proper because Goodwin was a resident of the District of Columbia. +For 78-393, from 1953 until 1973, CIA agents regularly opened and photocopied mail going through the International Airport in New York to and from the Soviet Union. In 1975, respondents sued on their behalf and on the behalf of others whose mail had been opened by the CIA. Respondents sued in the district court of Rhode Island and alleged that the interference with their mail constituted a violation of their constitutional rights. Petitioners moved to dismiss due to lack of personal jurisdiction, improper venue, and insufficient service of process. The district court denied these motions but certified the case for an immediate appeal. The U. S. Court of Appeals for the First Circuit affirmed the denial of the motions as they relate to petitioners employed by the CIA at the time of filing, but reversed as to the officials who had left their government positions at the time of filing. The Court of Appeals held that the venue was proper because one of the petitioners resided in Rhode Island. +" +TEST_0640,Department of Justice,Reporters Committee for Freedom of the Press,"CBS requested the criminal identification records of Charles Medico from the FBI. When the FBI refused the request, a CBS news correspondent and the Reporters Committee for Freedom of the Press (RCFP) challenged the denial as a violation of the Freedom of Information Act (FOIA). RCFP claimed that since Medico was an identified organized crime figure with corrupt ties to a United States Congressman, Medico's criminal record was a matter of ""public record"" and ""interest."" On appeal from an unfavorable appellate decision, the Supreme Court granted the U.S. Department of Justice certiorari. +" +TEST_0641,"Shannon Perez, et al.","Greg Abbott, et al.","Individual voters in Texas, along with organizations representing Latinos and African Americans, filed a number of lawsuits in 2011, challenging the Texas legislature’s congressional and state house redistricting plans. The actions were consolidated and proceed in the U.S. District Court for the Western District of Texas (“Texas District Court”). The plaintiffs alleged racial gerrymandering in violation of § 2 of the Voting Rights Act (VRA) as well as the 14th and 15th Amendments to the United States Constitution. At that time Texas was bound by the preclearance requirements under § 5 of the VRA, and therefore the State simultaneously filed an action in the U.S. District Court for the District of Columbia (“D.C. District Court”) seeking preclearance of the redistricting plans.  +While trial proceedings were pending in both district courts, the 2012 primary elections were approaching. As a result, the Texas District Court assumed the task of implementing interim redistricting plans, which it did on an expedited basis, without access to all relevant facts, and with the understanding that most parties to the litigation alleged that those plans contained many of the same statutory and constitutional infirmities as the challenged plans. The U.S. Supreme Court vacated the first iteration of the interim maps on the grounds that the court had not been sufficiently deferential to the legislature; the Texas District Court issued more deferential plans in February 2012.  +The D.C. District Court subsequently denied preclearance to the proposed redistricting plans on the basis that they were enacted with discriminatory intent and had the effect of abridging minority voting rights. Texas appealed this decision to the U.S. Supreme Court. +After the Texas District Court’s interim maps were used for the 2012 elections, the Texas legislature failed to take any action on redistricting in the 2013 regular session. However, it convened a special session during which it adopted, among others, the Texas District Court’s congressional interim map (“Plan C235”) without any changes. The governor subsequently signed the legislation adopting this plan. +In June 2013, the U.S. Supreme Court decided Shelby County v. Holder, which removed the § 5 preclearance requirements from the VRA. Texas was therefore no longer automatically subject to preclearance requirements, and the U.S. Supreme Court later vacated and remanded for further proceedings the D.C. District Court’s preclearance decision, which the lower court then dismissed as moot. +The defendants subsequently sought to dismiss the plaintiffs’ claims in the Texas District Court for lack of subject matter jurisdiction on the basis that the case had become moot. In response, the plaintiffs expressed their desire to amend their complaints regarding the 2011 plans and to challenge the 2013 plans. The court granted them leave to amend, and denied the State’s motions to dismiss. The court explained that the plaintiffs’ claims regarding the 2011 plans were not moot because, inter alia, the plaintiffs continued to be harmed by them. The court also ordered that the 2013 plans, which included Plan C235, be used for the 2014 elections. The plaintiffs then filed their amended complaints, including claims related to both the 2011 and 2013 plans. Most plaintiffs included claims that Plan C235 violated § 2 of the VRA and the 14th and 15th Amendments. +The Texas District Court held trials on the 2011 plans in 2014, and found that they violated certain aspects of § 2 of the VRA and the 14th Amendment. In the ongoing litigation, the plaintiffs contended that the 2013 plans, including Plan C235, included some of the same elements that the court determined were the result of discriminatory intent or statutory or constitutional violations as in the 2011 plans. +In August 2017, the Texas District Court issued an interlocutory order regarding the plaintiffs’ C235 claims. It found that the racially discriminatory intent and effects identified in the 2011 plans carried through to the 2013 plans where the redistricting lines remained the same. It explained that the legislature had adopted the court’s interim plans (which included C235) as part of a litigation strategy that was designed to insulate the plans from any further challenge. The legislature had not engaged in any deliberative process to remove the discriminatory elements from the plans before adopting them, but instead intentionally furthered and continued the discrimination in the existing plans. +The court also concluded that the configurations of CD 27 and CD 35 under Plan C235 violated § 2 of the VRA and the 14th Amendment. As to CD 27, though the court had found in 2012 that this district did not reflect a racially discriminatory purpose because it was not possible to create an additional Latino opportunity district in the region, the Texas legislature had still engaged in vote dilution. Regarding CD 35, the court stated that while C235 was enacted in 2013, the challenged district boundaries that it reflected were drawn in 2011 and found to violate § 2 of the VRA and the 14th Amendment. The court explained that the Texas legislature did not engage in any meaningful effort to cleanse the discriminatory elements from the 2013 plan before it was adopted, and in fact intended to maintain that discrimination in enacting the plan in substantially the same form.  +The court additionally found that the plaintiffs had proven a § 2 “results” violation as to CD 27, HD 32, and HD 34, and a racial gerrymandering claim as to HD 90. +The court’s order directed the Texas Attorney General to issue a written advisory within three days as to whether the legislature would convene a special session to address the issue of redistricting. If the legislature did not plan to hold a special session, the parties were ordered to appear before the court to prepare remedial redistricting plans.  +In January 2018, the U.S. Supreme Court agreed to hear the defendants’ appeal on the merits, at which time the Court would also consider the question of jurisdiction. +" +TEST_0642,Sims,Apfel,"After a state agency denied Juatassa Sims' application for Social Security disability and Supplemental Security Income benefits, she obtained a hearing before a Social Security Administrative Law Judge (ALJ). The ALJ also denied Sims' claims, concluding that, although she did have some medical impairments, she had not been and was not under a ""disability."" Sims then sought review by the Social Security Appeals Council, which denied review. She next filed suit in the Federal District Court, contending that the ALJ erred in three ways by making selective use of the record, by posing defective questions to a vocational expert, and by failing to order a consultative examination. The District Court rejected her contentions. In affirming, the Court of Appeals concluding that it lacked jurisdiction over two of the contentions because they were not included in Sims' request for review by the Appeals Council. +" +TEST_0643,James H. Gray et al.,James O'Hear Sanders,"Since the beginning of the 20th century, the State of Georgia used a county unit system for counting votes in primary elections. Under this system, the candidate who received the highest number of votes in a county would receive all of that county's unit votes. The overall winning candidate would then have to receive a majority of the county unit votes statewide. This system ended up giving rural counties a majority of the unit votes, even though rural counties made up only about a third of the population as of the 1960s. +In 1962, James O'Hear Sanders, a voter in Georgia's most populous county, brought suit against several representatives of the Georgia State Democratic Executive Committee and the Secretary of State of Georgia. Sanders claimed that the county unit system violated the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment and the Seventeenth Amendment. As a voter within one of the urban counties, Sanders claimed his vote had less of an influence on the nomination of candidates than that of a rural voter. A special three-judge panel of the United States District Court for the Northern District of Georgia agreed with Sanders and held that the county unit system violated the Equal Protection Clause. However, the district court did not outlaw the county unit system entirely. The State appealed directly to the Supreme Court of the United States. +" +TEST_0644,"Ricky Bell, Warden",Gary Bradford Cone,"This is the third habeas corpus appeal of petitioner Gary Bradford Cone after his 1982 conviction in a Tennessee state court on several felony counts including first degree murder and robbery by use of deadly force. The jury found that Cone had bludgeoned two elderly people to death while hiding out after a robbery. Cone's initial appeal to the Tennessee Supreme Court soon following his conviction fell on deaf ears: the court ruled that although errors had been committed during the trial, each of them had been ""harmless"" and did not warrant overturning Cone's conviction. He responded by twice filing habeas corpus petitions alleging violations of several constitutional rights, appealing both all the way up to the Court but both times having his case remanded with, in his view, several of his claims still unresolved. +In his third appearance before the U.S. Court of Appeals for the Sixth Circuit, Cone raised two main points of contention. First, he claimed that he was entitled to relief because the jury in his trial had weighed invalid aggravating factors during his sentencing hearing, thereby entitling him to a new hearing. This argument was rejected by the Sixth Circuit, which found that the Tennessee Supreme Court had conducted a satisfactory harmless error test on the issue. The court pointed out that habeas petitions should be granted only after finding that a state court ruling has ""resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law."" Because Tennessee had not abridged any federal laws, the Sixth Circuit denied Cone relief on this first issue. +Cone also argued that the Sixth Circuit had erred when, in a previous appeal, it had held that his claims relating to the prosecutor's improper withholding of evidence had been procedurally defaulted. Cone argued that his case met the Court's ""exceptional circumstances"" test as set out in Westside Mothers v. Olszewski for overruling the procedural default rule and rehearing the issue. The Sixth Circuit once again disagreed, ruling that Cone had failed to show ""cause and prejudice"" on the part of the prosecutor. The Sixth Circuit denied Cone's habeas appeal on all counts. +" +TEST_0645,"Barack Obama, President","Jamal Kiyemba, et al.","Seventeen ethnic Uighurs, Chinese citizens detained at Guantanamo Bay Naval- Base, Cuba sought federal habeas corpus relief in the District of Columbia federal district court. The petitioners argued that since they were no longer considered ""enemy combatants"" they were entitled to transfer and release from Guantanamo Bay. The petitioners feared that a transfer to China would lead to their arrest, torture, or execution. Therefore, they sought a transfer to the United States where they could be released safely. The district court granted the petition and ordered their transfer and release into the United States. +On appeal, the U.S. Court of Appeals for the D.C. Circuit reversed the district court, holding that the district court lacked authority to order the petitioners' transfer and release into the United States. The court reasoned that only the political branches of government may determine the admissibility of aliens into the United States. Without specific authorization by statute, treaty, or the Constitution, the district court could not grant the relief sought by the petitioners. +" +TEST_0646,Nutraceutical Corporation,Troy Lambert,"Troy Lambert purchased an alleged aphrodisiac dietary supplement that was manufactured by Nutraceutical, but that had not been approved by the Food and Drug Administration (FDA). Based on the product’s labels, Lambert believed that the supplement would enhance his sexual performance, and had he known these claims were false, he would not have purchased the product.  +Lambert believed that the product violated FDA regulations because it purported to increase sexual desire but had not been through clinical testing, and because it was not FDA-approved. He further alleged that the product illegally failed to prominently display this lack of FDA approval on its labeling, and that the labeling also failed to mention a potentially dangerous ingredient. Lambert filed a consumer class action under Federal Rule of Civil Procedure (FRCP) 23(b)(3), alleging state law claims related to unfair competition, false advertising, and other violations. +The district court granted class certification based on the full refund damages model, which applies when a product is useless and involves calculating the average retail price and the number of units sold. The judge hearing the case retired, and Lambert’s action was reassigned to a new judge. Discovery was completed, and Nutraceutical filed a motion for decertification. The new judge granted the motion, finding that Lambert had failed to provide essential evidence to apply his classwide damages model, meaning that common issues did not predominate as required under Rule 23(b)(3).  +Ten days after the order was issued decertifying the class, Lambert informed the court that he intended to file a motion for reconsideration, and the court instructed him to file the motion within ten days, which was twenty days after the decertification order. In accordance with the court’s instructions, Lambert filed his motion for reconsideration ten days later, highlighting evidence from his class certification motion that could be used to support the full refund damages model. He also offered an alternative damages model for the first time, based on non-restitutionary engorgement.  +Three months later, the court denied his motion for reconsideration, rejecting his proposed damages models. Lambert timely filed a petition under Rule 23(f) for permission to appeal the district court’s orders denying the motion for reconsideration and granting the motion for class decertification to the 9th Circuit, which conditionally granted his petition. +A three-judge panel of the 9th Circuit held that Lambert’s Rule 23(f) petition for class certification had been timely filed with the appellate court. The court explained that because Rule 23(f)’s 14-day deadline was procedural rather than jurisdictional, equitable exceptions such as tolling could apply. It also held that filing a motion for reconsideration before the Rule 23(f) deadline would toll the deadline. The panel further held that other circumstances could toll the deadline. In this case, Lambert had informed the district court of his intention to file a motion for reconsideration within Rule 23(f)’s 14-day window, and had submitted the filing within the ten-day time frame set by that court. The panel concluded that under these circumstances the deadline should be tolled and Lambert’s motion for reconsideration should be considered timely filed with the Ninth Circuit, while recognizing that a number of other circuits would likely reach the opposite conclusion. +" +TEST_0647,"Employment Division, Department of Human Resources of the State of Oregon et al.",Alfred Smith,"Alfred Smith and Galen Black worked at a private drug rehabilitation clinic. The clinic fired them because they used a hallucinogenic drug called peyote for religious purposes while worshipping at their Native American Church. The Oregon Employment Division denied them unemployment compensation because it deemed they were fired for work-related ""misconduct."" The Oregon Court of Appeals ruled that this violated their religious free exercise rights provided by the First Amendment. The Oregon Supreme Court reversed. +" +TEST_0648,Sullivan,Rust,"The national government provides funds for family planning services (Title X). The Department of Health and Human Services issued regulations limiting the ability of Title X fund recipients to engage in abortion-related activities. Title X funds were to be used only to support preventive family planning services. +" +TEST_0649,National Labor Relations Board,"Auciello Iron Works, Inc.","The day after Auciello Iron Works' contract offer was accepted by its union employees' collective-bargaining representative, Auciello disavowed the agreement because of a good-faith doubt, based on knowledge acquired before the offer's acceptance, that a majority of employees supported the Union. The National Labor Relations Board (NLRB) ruled that Auciello's withdrawal was an unfair labor practice in violation of the National Labor Relations Act and ordered that the agreement be reduced to a formal written instrument. The Court of Appeals enforced the order as reasonable after the NLRB issued a supplemental opinion to justify its refusal to consider Auciello's defense of good-faith doubt about the Union's majority status. +" +TEST_0650,"Alan H. Nichols, et al.","Kinney Kinmon Lau, et al.","In 1971, the San Francisco, California school system was integrated. As a result, the San Francisco school system absorbed over 2,856 students of Chinese ancestry who were not proficient in English. Of these students, the school system only provided about 1,000 with supplemental English language courses. Classes were taught exclusively in English. +Lau and other students of Chinese descent who did not speak English and received no supplemental English courses brought a class action suit against the officials in the San Francisco Unified School District. The students claimed that the failure to provide supplemental English classes constituted an unequal educational opportunity in violation of the Fourteenth Amendment and the Civil Rights Act of 1964. +The district court denied relief, holding that the policies of the school system did not violate the Fourteenth Amendment or the Civil Rights Act. The United States Court of Appeals for the Ninth Circuit affirmed, and a hearing en banc was denied. The students appealed the appellate court's decision. +" +TEST_0651,"American Needle, Inc.","National Football League, et al.","American Needle Inc. filed suit in an Illinois federal district court against the National Football League (""NFL"") and Reebok International Ltd. alleging that the teams' exclusive licensing agreement with Reebok violated the Sherman Antitrust Act. American Needle argued that because individual NFL teams separately own their team logos and trademarks, their collective agreement to authorize NFL Properties to award the exclusive headwear license to Reebok, was in fact a conspiracy to restrict other vendors' ability to obtain licenses for the teams' intellectual property. The district court disagreed and dismissed the case. +On appeal, the U.S. Court of Appeals for the Seventh Circuit affirmed. It held that NFL teams were a single entity for purposes of antitrust laws, and thus could not have conspired to restrict trade. Therefore, the court stated that the teams were free to license their intellectual property on an exclusive basis. +" +TEST_0652,El Paso Natural Gas Company,Neztsosie,"In 1995, Laura and Arlinda Neztsosie, and others, filed separate lawsuits in the Navajo Tribal Courts, claiming damages for injuries suffered as a result of El Paso Natural Gas Corporation's and Cyprus Foote Mineral Company's uranium mining operations. El Paso and Cyprus Foote, defendants in those suits, each filed suit in Federal District Court, seeking to enjoin the Neztsosies from pursuing their tribal court claims. The District Court denied preliminary injunctions except to the extent that the Neztsosies sought relief in the Tribal Courts under the Price-Anderson Act. The Price-Anderson Act provides certain federal licensees with limited liability for claims of ""public liability"" arising out of or resulting from a nuclear incident, converts such actions into federal claims, grants federal district courts removal jurisdiction over such actions, and provides the mechanics for consolidating the actions and for managing them once consolidated. The District Court left the determinations whether the Act applied to the Neztsosies' claims to the Tribal Courts. On El Paso's and Cyprus Foote's consolidated appeals, the Court of Appeals affirmed the District Court's decisions not to enjoin the Neztsosies from pursuing non-Price-Anderson Act claims and to allow the Tribal Courts to decide whether the Neztsosies' claims fell under that Act. Further, although the Neztsosies had not appealed the partial injunctions, the Court of Appeals moved on its own to reverse them. +" +TEST_0653,Harbor Tug & Barge Company,Papai,"John Papai was injured while painting the housing structure of the tug Pt. Barrow. The Pt. Barrow is operated by Harbor Tug & Barge Co., which hired Papai to do the work, which involved no sailing with the vessel. Papai had been employed by Harbor Tug on twelve previous occasions in the two months before his injury, receiving those jobs through the Inland Boatman's Union hiring hall, which had provided Papai with short term jobs with various vessels for about two years. Most of Papai's jobs were deckhand work, which Papai said involved manning the lines on and off board vessels while they dock or undock. Papai sued Harbor Tug, claiming negligence under the Jones Act, which serves to protect seamen or workers who face regular exposure to the perils of the sea. The District Court granted Harbor Tug summary judgment upon finding that Papai did not enjoy seaman status under the Jones Act. The Court of Appeals reversed and remanded for a trial Papai's seaman status and his corresponding Jones Act claim. The court concluded that the relevant inquiry was not whether Papai had a permanent connection with the vessel, but whether his relationship with a vessel or an identifiable group of vessels was substantial in duration and nature, and found that this required consideration of his employment's total circumstances. Moreover, the court determined that a reasonable jury could conclude that Papai satisfied this test, for if the type of work a maritime worker customarily performs would entitle him to seaman status if performed for a single employer, he should not be deprived of that status simply because the industry operates under a daily assignment, rather than a permanent employment system. +" +TEST_0654,Varity Corporation,Howe,"Charles Howe and others used to work for Massey-Ferguson, Inc., a farm equipment manufacturer, and a wholly owned subsidiary of the Varity Corporation. These employees all were participants in, and beneficiaries of, Massey-Ferguson's self-funded employee welfare benefit plan, an Employee Retirement Income Security Act of 1974 (ERISA protected plan that Massey- Ferguson administered itself. When certain divisions in Massey-Ferguson stared losing money, Varity decided to transfer them to a separately incorporated subsidiary, Massey Combines. Varity also persuaded the employees of the failing divisions to change employers and benefit plans, conveying the message that employees' benefits would remain secure when they transferred. Ultimately, the employees lost their nonpension benefits. The employees filed an action under ERISA, claim that Varity, through trickery, had led them to withdraw from their old plan and forfeit their benefits. The District Court found that Varity and Massey-Ferguson, acting as ERISA fiduciaries, had harmed plan beneficiaries through deliberate deception, which gave the employees to right to relief, including the reinstatement to the old plan. The Court of Appeals affirmed. +" +TEST_0655,American-Arab Anti-Discrimination Committee,Reno,"Bashar Amer, Aiad Barakat, Julie Mungai, Amjad Obeid, Ayman Obeid, Naim Sharif, Khader Hamide, and Michel Shehadeh, members of the Popular Front for the Liberation of Palestine (PFLP), were marked for deportation by the Immigration and Naturalization Service. The PFLP is characterized by the government as an international terrorist and communist organization. The resident aliens filed suit alleging the Attorney General and other federal parties had targeted them for deportation because of their affiliation with a politically unpopular group, in violation of their First and Fifth Amendment rights. Initially, the District Court enjoined the deportation proceedings. During the case, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The IIRIRA restricts judicial review of the Attorney General's ""decision or action"" to ""commence proceedings, adjudicate cases, or execute removal orders against any alien under this Act."" Reno then filed motions arguing that the IIRIRA deprived the courts of jurisdiction over the aliens' selective-enforcement claim. The District Court denied the motion. The Court of Appeals affirmed the District Court's decision on the merits. +" +TEST_0656,Opperman,South Dakota,"The respondent, Donald Opperman, left his car unattended in a prohibited parking space in violation of local ordinances in Vermillion, South Dakota. He received two parking tickets from local police officers, and as a result, his vehicle was subsequently inspected and impounded. At the impound lot, a police officer observed personal items in the dashboard of the car and unlocked the door to inventory the items using standard procedures. In the unlocked glove compartment, the officer found marijuana in a plastic bag. Opperman was arrested later that day and charged with possession of marijuana. He was convicted but the Supreme Court of South Dakota reversed on appeal and concluded the search was in violation of the Fourth Amendment. +" +TEST_0657,Richard Brown,Illinois,"On May 6, 1968, Roger Corpus was shot and killed in his apartment. The police obtained the name of Richard Brown, who was identified as an acquaintance of the victim, though not a suspect. On May 13, 1968, detectives arrested Brown and searched his apartment without probable cause and without a warrant. The detectives read Brown his Miranda rights and proceeded to question him. During the questioning, Brown confessed to assisting in Corpus’ murder. Later, Brown was questioned again after being read his Miranda rights a second time. He substantially repeated his account of the murder. +Prior to his trial, Brown moved to suppress the two statements based on the fact that his arrest was illegal and the statements were taken in violation of his Fourth and Fifth Amendment rights. The motion was denied and the case proceeded to trial. The jury found Brown guilty. The Supreme Court of Illinois affirmed the judgment but did not accept the State’s argument that the arrest was legal. +" +TEST_0658,Solomon A. Klein,Samuel Spevack,"The New York Bar charged Samuel Spevack, an attorney from New York, with professional misconduct because he refused to produce financial records and testify at a judicial inquiry. In his defense, Spevack claimed his constitutional right against self-incrimination, and stated that the records and testimony would tend to incriminate him. The New York appellate court rejected Spevack's defense and ordered Spevack disbarred, holding that the Fifth Amendment right against self-incrimination was not available to attorneys against states. +" +TEST_0659,"Arizona Independent Redistricting Commission, et al.","Wesley Harris, et al.","In 2012, the Arizona Independent Redistricting Commission redrew the map for the state legislative districts based on the results of the 2010 census. Wesley Harris and other individual voters sued the Commission and alleged that the newly redrawn districts were under-populated in Democratic-leaning districts and over-populated in Republican-leaning ones, and therefore that the Commission had violated the Equal Protection Clause of the Fourteenth Amendment. The Commission argued that the population deviations were the result of attempts to comply with the Voting Rights Act. The district court found in favor of the Commission and held that the redrawn districts represented a good faith effort to comply with the Voting Rights Act. +" +TEST_0660,City of Indianapolis,Edmond,"In 1998, the City of Indianapolis began to operate vehicle checkpoints in an effort to interdict unlawful drugs. At each roadblock, one office would conduct an open-view examination of the vehicle. At the same time, another office would walk a narcotics-detection dog around the vehicle. Each stop was to last five minutes or less, without reasonable suspicion or probable cause. Both James Edmond and Joell Palmer were stopped at one of the narcotics checkpoints. They then filed a lawsuit, on their behalf and the class of motorists who had been stopped or were subject to being stopped, alleging that the roadblocks violated the Fourth Amendment and the search and seizure provision of the Indiana Constitution. The District Court denied a request for a preliminary injunction, holding that the checkpoint program did not violate the Fourth Amendment. The Court of Appeals reversed. +" +TEST_0661,Roe,Maher,"In the wake of Roe v. Wade, the Connecticut Welfare Department issued regulations limiting state Medicaid benefits for first-trimester abortions to those that were ""medically necessary."" An indigent woman (""Susan Roe"") challenged the regulations and sued Edward Maher, the Commissioner of Social Services in Connecticut. +" +TEST_0662,Bill Honig,John Doe and Jack Smith,"The Education of the Handicapped Act contains a provision, known as the ""stay-put"" provision, which provides that a handicapped child shall remain with his or her current educational placement pending completion of any review proceedings, unless the parents and state or local educational agencies agree to removal. +John Doe was a student at the Louise Lombard School, a developmental center for disabled children. Doe had a disability which caused him considerable difficulty in controlling his impulses. On November 6, 1980, Doe was teased by a fellow student and responded by attacking the student and kicking out a school window. Doe was subsequently suspended pending expulsion proceedings. After unsuccessfully protesting the suspension by letter, Doe brought an action against school authorities under the Education of the Handicapped Act. Jack Smith was another handicapped student whose disability caused behavioral problems. Smith engaged in disruptive behavior and was eventually suspended indefinitely pending a hearing. Smith brought an action in district court essentially identical to the one brought by Doe. After learning of Doe's action Smith joined Doe's suit. +The handicapped students asked the district court to enter an order requiring the school to allow the students to return to their own schools. The district court granted the handicapped students' request and issued a permanent injunction, an order which prevented the school district from indefinitely suspending a student for disability-related misconduct. The school authorities appealed, and the Court of Appeals of the Ninth Circuit affirmed the district court's opinion. The school authorities appealed the appellate court's decision. +" +TEST_0663,Citizen Band Potawatomi Indian Tribe of Oklahoma,"C. & L. Enterprises, Inc.","The Citizen Band Potawatomi Indian Tribe of Oklahoma, a federally recognized Tribe, entered into a contract with C & L Enterprises, Inc., for the installation of a roof on a Tribe-owned building in Oklahoma. The property rests outside the Tribe's reservation and is not held in trust by the Federal Government for the Tribe. The contract contains clauses requiring disputes arising out of the contract to be decided by arbitration and a choice-of-law clause that reads: ""The contract shall be governed by the law of the place where the Project is located."" Thus, Oklahoma law governed the contract. After the contract was executed, but before performance commenced, the Tribe retained another company to install the roof. C & L then submitted an arbitration demand. The Tribe asserted sovereign immunity. The arbitrator awarded C & L a monetary award. Ultimately, the Oklahoma Court of Civil Appeals held that the Tribe was immune from suit. The court noted that the contract seemed to indicate the Tribe's willingness to expose itself to suit on the contract, but concluded that the Tribe had not waived its suit immunity with the requisite clarity. +" +TEST_0664,"Otis Trammel, Jr. ",United States,"Otis Trammel, Jr. was indicted on federal drug charges. Before his trial, he advised the court that the Government would call his wife as a witness against him. The indictment named Mrs. Trammel as an unindicted co-conspirator and the Government granted her immunity in exchange for her testimony. Otis moved to assert a privilege against adverse spousal testimony to prevent her from testifying against him. The district court denied the motion, and allowed Mrs. Trammel to testify to any act she observed during the marriage and any communication made in the presence of a third party. Only confidential communications between Mr. and Mrs. Trammel remained privileged and inadmissible. Otis was tried and convicted. On appeal, Otis argued that the district court’s ruling violated Hawkins v. United States where the U.S. Supreme Court held that one spouse may not testify against the other unless both consent. The U.S. Court of Appeals for the 10th Circuit affirmed, holding that the Hawkins did not prevent voluntary testimony of a spouse who appears as an unindicted co-conspirator under grant of immunity. +" +TEST_0665,Red Lion Broadcasting Co.,Federal Communications Commission,"The Federal Communications Commission's (FCC) fairness doctrine requires radio and television broadcasters to present a balanced and fair discussion of public issues on the airwaves. The doctrine is composed of two primary requirements concerning personal attacks in the context of public issue debates and political editorializing. The FCC conditioned its renewal of broadcast licenses on compliance with its regulations. Red Lion Broadcasting challenged the application of the fairness doctrine with respect to a particular broadcast. In a companion case (United States v. Radio Television News Directors Association (RTNDA)), the fairness doctrine's requirements concerning any broadcast were challenged. +" +TEST_0666,United States,Boeing Company,"In 1971, Congress enacted tax provisions providing special tax treatment for export sales made by an American manufacturer through a subsidiary that qualified as a ""domestic international sales corporation"" (DISC). Regarding research and development (R&D) expenses, Treasury Regulation 26 CFR section 1.861-8(e)(3) provides what must be treated as a cost when calculating combined taxable income (CTI), and how those costs should be allocated among different products and apportioned between the DISC and its parent. Under this regulation, the Internal Revenue Service reallocated Boeing's company sponsored R&D costs for 1979 to 1987, thereby decreasing the untaxed profits of its export subsidiaries and increasing its taxable profits on export sales. Subsequently, Boeing filed suit, arguing that it had an unqualified right to allocate its company sponsored R&D expenses to specific products and to exclude any allocated R&D from being treated as a cost of another product. In granting Boeing summary judgment, the District Court found section 1.861-8(e)(3) invalid due to a specific DISC regulation giving the taxpayer the right to group and allocate income and costs by product or product line. The Court of Appeals reversed. +" +TEST_0667,"John Kerry, Secretary of State",Fauzia Din,"Fauzia Din, who is a United States citizen, filed a visa petition for her husband Kanishka Berashk, a citizen and resident of Afghanistan. Nine months later, the State Department denied the petition based on a broad provision of the Immigration and Nationality Act that excludes aliens on terrorism-related grounds. Berashk asked for clarification of the visa denial and was told that it is not possible for the Embassy to provide him with a detailed explanation of the reasons for denial. +After several other unsuccessful attempts to receive explanation of the visa denial, Din sued and argued that denying notice for aliens who were not granted a visa based on terrorism grounds is unconstitutional. The district court held that Din did not have standing to challenge the visa denial notice. The U.S. Court of Appeals for the Ninth Circuit reversed and held that the government is required to give notice of reasons for visa denial based on terrorism grounds. +" +TEST_0668,Vickie Lynn Marshall,E. Pierce Marshall,"Vickie Lynn Marshall (a.k.a. Anna Nicole Smith) was involved in a dispute in Texas Probate Court over the estate of her late husband, J. Howard Marshall. While the state-court proceedings were ongoing, Ms. Marshall filed for bankruptcy in federal court. E. Pierce Marshall, J. Howard's son, filed a claim alleging that Ms. Marshall had defamed him, and she filed a counterclaim alleging that E. Pierce had interfered with a gift she expected from her late husband's estate. The bankruptcy court ruled for Ms. Marshall and awarded her a large monetary award. Later, the probate court found J. Howard's will valid and ruled for his son. Under the judicially-created ""probate exception"" to federal jurisdiction, federal courts do not interfere with state-court judgments concerning wills and estates. E. Pierce Marshall appealed the bankruptcy court decision (awarding Ms. Marshall a large monetary award) to federal district court, invoking the probate exception to argue that the court had no jurisdiction. The district court disagreed and ruled for Ms. Marshall, holding that since her claim did not require invalidating the will, the probate exception did not apply. The Ninth Circuit reversed, broadly interpreting the probate exception as covering any question that would normally be handled in probate court. +" +TEST_0669,"Jeff Premo, Superintendent, Oregon State Penitentiary",Randy Joseph Moore,"Randy Moore pled no-contest to felony murder in an Oregon trial court and sentenced to twenty-five years imprisonment. After exhausting his post-conviction state court remedies, Mr. Moore petitioned for habeas corpus relief in an Oregon federal district court. Mr. Moore argued that his trial counsel was ineffective for failing to recognize that his taped confession was obtained unconstitutionally. The district court denied the petition. +On appeal, the U.S. Court of Appeals for the Ninth Circuit reversed and granted the petition. The court held that Mr. Moore's counsel's failure to suppress Mr. Moore's confession was both constitutionally deficient and prejudicial under the standard set forth in Strickland v. Washington. The court was careful to note that even the state conceded the means by which the state elicited Mr. Moore's confession were unconstitutional because Mr. Moore's request for counsel had been ignored by the police. +" +TEST_0670,United States Railroad Retirement Board,Gerhard H. Fritz,"In 1974 Congress passed the Railroad Retirement Act, which restructured the retirement system previously established in 1937. Under the old system, employees who were eligible for both railroad benefits and social security benefits received both, along with an additional “windfall” benefit. Since this system threatened to bankrupt the railroad retirement program, the goal of the new Act was to eliminate some of these benefits. The new Act divided employees into different classes based on their employment history as of January 1, 1975. Employees who had worked for the railroad fewer than 10 years would not receive any windfall benefit. Employees who were already retired and receiving the full benefits would continue to do so. Employees who qualified for the full benefits but had not yet retired would receive the full benefits only if they had a current connection to the railroad industry or had served for 25 years or more. Employees who did not meet these requirements received a lesser windfall benefit. +The appellee Gerhard H. Fritz was part of a plaintiff class of former railroad employees who were eligible for the windfall benefits under the old system, but who did not have a current connection to the railroad and had worked fewer than 25 years. Alleging that the Act created an irrational distinction between employees that violated the Due Process Clause, they filed a class action suit in district court. The district court held that such a distinction was not “rationally related” to the goal of ensuring the solvency of the retirement system. +" +TEST_0671,Antoine Bruce,"Charles E. Samuels, Jr., et al.","Several prisoners housed in the Special Management Unit (SMU) of the Federal Correctional Institution in Talladega, which is for gang-affiliated and other disruptive inmates, sued Bureau of Prisons (BOP) officials and claimed that SMUs violated the Eighth Amendment. Because SMUs housed gang-affiliated prisoners, the petitioners argued that the SMUs were unconstitutionally violent and dangerous because the BOP officials did not separate members of rival gangs. The prisoners moved to proceed in forma pauperis, which would allow them to waive filing fees. The parties then engaged in extensive back-and-forth filings regarding the collection of filing fees and the ability of other prisoners to join in the case. The U.S. Court of Appeals for the District of Columbia Circuit held that the Prison Litigation Reform Act prevented the prisoners from completely waiving filing fees, and that they instead must pay a percentage of their monthly income to cover filing fees. +" +TEST_0672,"Americans United for Separation of Church and State, Inc.",Valley Forge Christian College,"The Secretary of Defense closed the Valley Forge General Hospital in an effort to reduce the number of military installations in the country. In accordance with a congressional statute regulating the dispersal of surplus government property, part of the hospital's land was given, free-of-charge, to the Valley Forge Christian College. +" +TEST_0673,Dennys Rodriguez,United States,"On March 27, 2012, a Nebraska K-9 police officer pulled over a vehicle driven by Dennys Rodriguez after his vehicle veered onto the shoulder of the highway. The officer issued a written warning and then asked if he could walk the K-9 dog around Rodriguez's vehicle. Rodriguez refused, but the officer instructed him to exit the vehicle and then walked the dog around the vehicle. The dog alerted to the presence of drugs, and a large bag of methamphetamine was found. +Rodriguez moved to suppress the evidence found in the search, claiming the dog search violated his Fourth Amendment right to be free from unreasonable seizures. The district court denied the motion. On appeal, the United States Court of Appeals for the Eighth Circuit affirmed, holding the search was constitutional because the brief delay before employing the dog did not unreasonably prolong the otherwise lawful stop. +" +TEST_0674,Julian Vell,Ford Motor Company,"Julian Vella, a seaman on the SS Robert MacNamara, suffered a severe head injury while doing a repair on the ship. This caused damage to Vella’s inner ear, making it difficult for him to balance. Doctors ruled the condition permanent and incurable. A jury awarded Vella maintenance and cure for his injury. The district court denied the ship owner’s motion for judgment notwithstanding the verdict. The ship owner argued that because the injury was permanent, maintenance and cure was not permissible. The appellate court reversed. +" +TEST_0675,State of Louisiana,Evangelisto Ramos,"Evangelisto Ramos was charged with second-degree murder and exercised his right to a jury trial. After deliberating, ten of the twelve jurors found that the prosecution had proven its case against Ramos beyond a reasonable doubt, while two jurors reached the opposite conclusion. Under Louisiana’s non-unanimous jury verdict law, agreement of only ten jurors is sufficient to enter a guilty verdict, so Ramos was sentenced to life in prison without the possibility of parole. +Ramos appealed his case, and the state appellate court affirmed the lower court. The Louisiana Supreme Court denied review. +" +TEST_0676,Edgar,MITE Corporation,"The MITE Corp, organized under Delaware laws with its principal office in Connecticut, initiated a tender offer for all outstanding shares of Chicago Rivet & Machine Co., an Illinois corporation. The Illinois Business Take-Over Act requires a tender offeror to notify the Secretary of State and the target company of its intent to make a tender offer and the terms of the offer 20 days before the offer becomes effective. During that time, the target company, but not the offeror, is free to disseminate information about the offer to the target company's shareholders. In addition, the Secretary of State could call a hearing, and the offer could not proceed until the hearing was completed. Finally, the Secretary of State could deny registration of a takeover offer he or she found inequitable. MITE Corp. sought and won a declaratory judgment holding that the Illinois Act was pre-empted by the Williams Act, 15 U.S.C. Sections 78m(d)-(e) and 78n(d)-(f), and that it violated the Commerce Clause. +" +TEST_0677,Virginia State Board of Pharmacy,"Virginia Citizens Consumer Council, Inc.","Acting on behalf of prescription drug consumers, the Virginia Citizens Consumer Council challenged a Virginia statute that declared it unprofessional conduct for licensed pharmacists to advertise their prescription drug prices. On appeal from an adverse ruling by a three-judge District Court panel, the Supreme Court granted the Virginia State Board of Pharmacy review. +" +TEST_0678,United States,"Concentrated Phosphate Export Association, Inc. et al.","After World War II, the United States made funds available through the ‘Marshall Plan’ to many countries to pay for commodities sold by American companies and shipped from the United States and other free-world sources. Congress made foreign aid funds available to bring commodities to the Republic of Korea, beginning with the Mutual Security Act of 1954. +In 1961, the Concentrated Phosphate Export Association (CPEA) organized to act as an export-selling agency for the concentrated phosphate products of its member corporations. CPEA organized under the Webb-Pomerene Act, which Congress passed to help American firms compete with foreign cartels. The process began when Congress allocated funds to various Agency for International Development (AID) programs. The United States thus directly financed the purchase of commodities allocated to Korea, approved via a complicated, tightly regulated application procedure. The United States assigned two of the CPEA contracts, and the Republic of Korea assigned the other nine, subject to detailed regulation by AID. The contracts only circulated in the United States. +The United States filed an action to enjoin price fixing and business allocation activities among the CPEA’s five major member corporations. The district court held that CPEA’s sales were ‘export trade’ for the purposes of the Sherman Act; hence, although CPEA conceded that its members were coordinating their sales actions, CPEA did not violate the Sherman Act. On January 1, 1967, the State Department amended its regulations to preclude Webb-Pomerene associations from bidding on contracts where the procurement was limited to United States suppliers; in response, the CPEA dissolved on December 28, 1967, despite the district court’s favorable ruling. +" +TEST_0679,Akron,Akron Center For Reproductive Health,"In 1978 the Akron City Council enacted an ordinance which established seventeen provisions to regulate the performance of abortions. Among other things, the ordinance required: all abortions performed after the first trimester to be done in hospitals, parental consent before the procedure could be performed on an unmarried minor, doctors to counsel prospective patients, a twenty-four hour waiting period, and that fetal remains be disposed of in a ""humane and sanitary manner."" Some of the ordinance's provisions were invalidated by a federal district court. +" +TEST_0680,Bourjaily,United States,"William Bourjaily was arrested after receiving a quantity of cocaine in a parking lot from Angelo Lonardo. At Bourjaily's trial, the government introduced statements Lonardo made in a telephone conversation with an informant regarding a ""friend"" who had questions about the cocaine. The district court, considering the events in the parking lot and Lonardo's statements over the telephone, found that the government had established that a conspiracy existed between Bourjaily and Lonardo, and that Lonardo's statements over the telephone had been made in the course of and in furtherance of the conspiracy. Accordingly, the court held that Lonardo's out-of-court statements satisfied Federal Rule of Evidence 801(d)(2)(E) and were not hearsay. +" +TEST_0681,Robinson,California,"A jury found defendant guilty under a California statute that criminalized being addicted to narcotics. His conviction was affirmed on appeal. Defendant sought further review from the United States Supreme Court.  +" +TEST_0682,Democratic Party of the United States,Wisconsin ex rel. La Follette,"The Democratic Party of the United States (National Party) required that delegates sent to its National Convention were chosen exclusively by voters affiliated with the party, but the state of Wisconsin allowed non-Democrats to participate in state primaries. In the primary, voters expressed their choice among Presidential candidates for the Democratic Party's nomination. Although the Wisconsin Democratic Party (State Party) selected delegates at a caucus occurring after the primary, Wisconsin law required these delegates to allot their votes at the National Convention in accord with the amount of support each candidate received in the primary. The National Party prohibited the State Party delegates from participating in the 1980 National Convention because of non-Democrat influence in the state primary. The Wisconsin Supreme Court ruled that the National Party must admit the delegates since Wisconsin had a ""compelling interest"" to maintain the ""open"" feature of its primary system. +" +TEST_0683,"Robbin L. Fulton, et al.","City of Chicago, Illinois","The City of Chicago towed and impounded the Robbin Fulton’s vehicle for a prior citation of driving on a suspended license. Fulton filed a Chapter 13 bankruptcy action treating the City as an unsecured creditor. The City filed an unsecured proof of claim, and the bankruptcy court confirmed Fulton’s plan. The City then amended its proof of claim and asserted its status as a secured creditor. It refused to return Fulton’s vehicle, and Fulton filed a motion for sanctions against the City. +The bankruptcy court held that the City was obligated to return the vehicle under Thompson v. General Motors Acceptance Corp., 566 F.3d 699 (7th Cir. 2009), a binding case in which the Seventh Circuit had held that a creditor must comply with the automatic stay and return a debtor’s vehicle upon her filing of a bankruptcy petition. The City moved to stay the order in federal district court, and the court denied its request. The Seventh Circuit affirmed the lower court’s judgment denying the City's request. +" +TEST_0684,Richmond Newspapers Inc.,Virginia,"After a series of mistrials in a murder case in the state of Virginia, a trial judge closed the trial to the public and the media. Defense counsel brought the closure motion; the prosecution did not object. Two reporters of Richmond Newspapers, Inc. challenged the judge's action. +" +TEST_0685,Myrna Gomez-Perez,"John E. Potter, Postmaster General","Myrna Gómez-Pérez worked as a clerk for the United States Postal Service (USPS) in Puerto Rico. Gómez alleged that she was subject to retaliatory treatment after filing an age discrimination complaint against her supervisors under section 15 of the Age Discrimination in Employment Act (ADEA). A federal district court granted summary judgment to the USPS on the ground that the United States had not waived sovereign immunity as to retaliation claims under the ADEA. +Gómez appealed to the United States Court of Appeals in the First Circuit. It held that the USPS and Potter have waived sovereign immunity with respect to ADEA suits, but that Section 15 of the ADEA does not provide a cause of action for retaliation by federal employers. +" +TEST_0686,"Oxford House, Inc.",City of Edmonds,"In Washington State, the City of Edmonds' zoning code provides that the occupants of single-family dwelling units must compose a family, defined as ""persons related by genetics, adoption, or marriage, or a group of five or fewer [unrelated] persons."" Under the code, Oxford House, which operates a group home for 10-12 adults recovering from alcoholism and drug addiction in a neighborhood zoned for single-family residences, was issued a citation. Oxford House asserted that under the Fair Housing Act (FHA), which prohibits discrimination in housing against persons with handicaps, the city had failed to make reasonable accommodations permitting the maintenance of the group home in a single-family zone. Edmonds sought a declaration that the FHA did not apply to the city's zoning code. The District Court held that the city's zoning code rule defining family was exempt from the FHA under as a reasonable restriction regarding the maximum number of occupants permitted to occupy a dwelling. The Court of Appeals reversed. +" +TEST_0687,Arizona,Rufus Junior Mincey,"On October 28, 1974, Officer Barry Headricks of the Tucson Metropolitan Area Narcotics Squad allegedly arranged to purchase a quantity of heroin from Rufus Mincey. Later, Officer Headricks knocked on the door of Mincey's apartment, accompanied by nine other plainclothes officers. Mincey’s acquaintance, John Hodgman, opened the door. Officer Headricks slipped inside and quickly went to the bedroom. As the other officers entered the apartment -- despite Hodgman’s attempts to stop them -- the sound of gunfire came from the bedroom. Officer Headricks emerged from the bedroom and collapsed on the floor; he died a few hours later. +The other officers found Mincey lying on the floor of his bedroom, wounded and semiconscious, then quickly searched the apartment for other injured persons. Mincey suffered damage to his sciatic nerve and partial paralysis of his right leg; a doctor described him as depressed almost to the point of being comatose. A detective interrogated him for several hours at the hospital, ignoring Mincey’s repeated requests for counsel. In addition, soon after the shooting, two homicide detectives arrived at the apartment and took charge of the investigation. Their search lasted for four days, during which officers searched, photographed and diagrammed the entire apartment. They did not, however, obtain a warrant. +The state charged Mincey with murder, assault, and three counts of narcotics offenses. Much of the prosecution’s evidence was the product of the extensive search of Mincey’s apartment. Mincey contended at trial that this evidence was unconstitutionally taken without a warrant and that his statements were inadmissible because they were not made voluntarily. In a preliminary hearing, the court found that Mincey made the statements voluntarily. Mincey’s motion to suppress evidence taken from his apartment was also denied, and he was convicted on all charges. The Supreme Court of Arizona held that the warrantless search of Mincey’s apartment was constitutional because it was a search of a murder scene, and that Mincey’s statements were admissible for impeachment purposes, reversing the murder and assault charges on other grounds. +" +TEST_0688,United States,Stauffer Chemical Company,"In 1980, the Environmental Protection Agency (EPA) and a private firm planned to inspect a plant owned by Stauffer Chemical Co. (Stauffer) in Tennessee. Before granting entry, Stauffer requested that the employees of the private firm sign an agreement promising not to disclose any trade secrets they might learn during the inspection. The employees refused, and Stauffer denied them entry. The EPA and private firm returned with a warrant to enter the premises, but Stauffer again denied them entry. +The EPA began a civil contempt proceeding against Stauffer to gain entry. The district court ruled in favor of the EPA and Stauffer appealed. On appeal, Stauffer argued that the employees of the private firm did not qualify as “authorized representatives” under the Clean Air Act, and therefore Stauffer was not required to grant them entry. Stauffer had used this argument before in a similar case from Wyoming, which involved the same parties. Stauffer argued that this previous case precluded the government from re-litigating this issue. The U.S. Court of Appeals for the Sixth Circuit agreed with Stauffer and reversed. +" +TEST_0689,Jesse James Gilbert,California,"Jesse James Gilbert was charged with armed robbery and the murder of a police officer in Alhambra, California. Gilbert refused to answer questions about the robbery charge without the advice of counsel, but later answered questions about a robbery in which the robber, allegedly Gilbert, used a handwritten note demanding the money. He gave the police handwriting exemplars, which were later admitted into evidence. The police also had eyewitnesses identify Gilbert in a line-up that was conducted without notice to his counsel. During the trial, several witnesses identified Gilbert in the courtroom as being a part of multiple robberies, including the Alhambra robbery. No distinction was made as to whether the in-court identifications were independent of the illegal line-ups that occurred before the trial. The jury rendered a guilty verdict and imposed the death penalty. The California Supreme Court affirmed.  +" +TEST_0690,Subversive Activities Control Board,"William Albertson, Roscoe Quincy Proctor","On November 22, 1950, the Attorney General petitioned the Subversive Activities Control Board for an order requiring the Communist Party to register under Section 7 of the Subversive Activities Control Act (SACA) as a Communist-action organization. The Court sustained this order in Communist Party of the United States v. Subversive Activities Control Board. On May 31, 1962, the Attorney General separately required William Albertson and Roscoe Quincy Proctor, as alleged members of the Communist Party, to fill out two registration forms each. Neither registration form was specifically mandated by the SACA. +Albertson and Proctor did not provide personal information required by the forms, instead asserting their Fifth Amendment privilege against self-incrimination before the board and denying that the Communist Party was a Communist-action organization. The Attorney General presented the testimony of paid Federal Bureau of Investigation informers that Albertson and Proctor participated in meetings of the Party and had been elected to Party offices. The board took official note of the proceedings and issued a final order stipulating that petitioners had not properly registered as members of the Communist Party. On appeal, the court held that Albertson and Proctor’s claims of privilege were premature in part because they had not yet been prosecuted for a criminal activity. +" +TEST_0691,AT&T Corporation,Noreen Hulteen et al.,"Four employees sued their employer, AT&T, alleging that the company's policy for calculating employee pension and retirement benefits discriminated against women who had taken leave time due to pregnancy in violation of Title VII of the 1964 Civil Rights Act. The AT&T policy considered temporary disability leave as service time for the purposes of calculating retirement benefits except when the leave was taken by pregnant women. The employees argued that the policy violated the Pregnancy Discrimination Act of 1978 (PDA), which clarified that Title VII prohibits discrimination ""because of or on the basis of pregnancy, childbirth, or related medical conditions."" The main issue in the case was one of timing: although the employees' pregnancy leave was taken before the PDA came into effect, AT&T's calculation of benefits took place after. The employees argued that under the Court's decision in Pallas the time of calculation should govern the applicability of the PDA. AT&T countered that another decision, Landgraf directly opposed Pallas and had created a ""sea change"" in retroactivity principles such that the PDA should not apply to pregnancy leave taken before it was enacted. The district court sided with the employees and granted summary judgment in their favor. +On appeal, the U.S. Court of Appeals for the Ninth Circuit initially reversed the lower court, agreeing with AT&T that Pallas gave impermissible retroactive effect to the PDA. On rehearing, the full court reversed and ruled in favor of the employees, avoiding the retroactivity problem by holding that the PDA applies to the actual calculation of pension and retirement benefits regardless of when the leave itself was taken. Because AT&T performed this calculation after the PDA had gone into effect, the denial of benefits violated Title VII. +" +TEST_0692,Catalina Foothills School District,Zobrest,"James Zobrest was deaf since birth. He attended public school through the eighth grade where the local school board provided a sign-language interpreter. Zobrest's parents elected to send their son to a Roman Catholic high school and requested that the local school board continue to provide their son with a sign-language interpreter. The school board denied the request on constitutional grounds. The Zobrests then filed suit, alleging that the Individuals with Disabilities Education Act (IDEA) and the Free Exercise Clause of the First Amendment required the school district to provide the interpreter and that the Establishment Clause did not bar such relief. The District Court granted the school district summary judgment on the ground that the interpreter would act as a conduit for the child's religious inculcation, thereby promoting his religious development at government expense in violation of the Establishment Clause. The Court of Appeals affirmed. +" +TEST_0693,"Donald Regan, Secretary of the Treasury",Taxation With Representation of Washington,"Two non-profit groups merged to form the group Taxation With Representation of Washington (TWR). One of the original groups obtained 501(c)3 status from the Internal Revenue Service (IRS), which allowed donors to make tax-deductible donations to it. Because the other group participated in political lobbying, it did not qualify for 501(C)(3) status and could not offer tax-deductible donations. Since the newly formed TWR also participated in ""substantial lobbying,"" the IRS denied it tax-deduction privileges. TWR alleged in District Court that the IRS's ""substantial lobbying"" restriction for 501(C)(3) status violated its First Amendment rights by imposing an ""unconstitutional burden"" on its ability to receive tax-deductible donations. TWR also argued that the restriction violated its Fifth Amendment equal protection rights since veterans' organizations that lobbied extensively could receive tax-deductible donations. The District Court dismissed the complaint but the Court of Appeals for the District of Columbia ruled that the ""substantial lobbying"" restriction did impair TWR's Fifth Amendment equal protection rights. +" +TEST_0694,"Stolt-Nielsen S.A., et al.",AnimalFeeds International Corp.,"AnimalFeeds International Corp. on behalf of a class of plaintiffs filed suit in a Pennsylvania federal district court against Stolt-Nielsen among others alleging defendants were engaged in a ""global conspiracy to restrain competition in the world market for parcel tanker transportation services."" After the case was transferred to the Connecticut federal district court, Stolt-Nielsen filed a motion to compel arbitration, which was denied. On appeal, the U.S. Court of Appeals for the Second Circuit reversed. During arbitration, AnimalFeeds filed a demand to proceed as a class. A panel was appointed to determine whether the language of the Clause Construction Award permitted AnimalFeeds to proceed as a class and answered in the affirmative. Stolt-Nielsen then petitioned the Connecticut federal district court to vacate the panel's determination, which was granted. +On appeal, the U.S. Court of Appeals for the Second Circuit reversed and reinstated the panel's decision. The court held that the arbitration panel did not manifestly disregard the law when reaching its conclusion that the Clause Construction Award permitted AnimalFeeds to proceed as a class, even though the Award was silent on whether proceeding as a class was permitted. The court reasoned that when parties agree to arbitrate, the question of whether an agreement permits class arbitration is generally left to the arbitrators, not the courts. +" +TEST_0695,Bell,Maryland,"A group of 15-20 African-American students entered Hooper's restaurant in Baltimore to engage in a sit-in to protest the restaurant's refusal to serve African-American patrons. They refused to leave when requested to do so by the hostess on behalf of Mr. Hooper, the president of the corporation that owned the restaurant. Mr. Hooper called the police, who told him that they needed a warrant to be able to do anything. After Mr. Hooper swore out a warrant, the students were arrested for violating a Maryland statute prohibiting trespassing. The Maryland Court of Appeals affirmed the convictions. +" +TEST_0696,New York,Federal Energy Regulatory Commission,"In 1935, when the Federal Power Act (FPA) became law, most electric utilities operated as separate, local monopolies subject to state or local regulation and their sales were bundled, meaning that consumers paid a single charge for both the cost of the electricity and the cost of its delivery. Section 201(b) of the FPA provides the Federal Energy Regulatory Commission (FERC) with jurisdiction over ""the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce"" and section 205 prohibits unreasonable rates and undue discrimination ""with respect to any transmission or sale subject to the [Commission's] jurisdiction."" Currently, public utilities still retain ownership of the transmission lines that their competitors must use to deliver electricity to wholesale and retail customers and thus can refuse to deliver their competitors' energy or deliver that power on terms and conditions less favorable than those they apply to their own transmissions. In Order No. 888, FERC found such practices discriminatory under section 205. FERC then ordered the unbundling of wholesale generation and transmission services, which means that each utility must state separate rates for its wholesale generation, transmission, and ancillary services; imposed a similar open access requirement on unbundled retail transmissions in interstate commerce; and declined to extend the open access requirement to the transmission component of bundled retail sales. Ultimately, the Court of Appeals upheld the order. +" +TEST_0697,Kimel,Florida Board of Regents,"The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful for a private employer ""to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual...because of such individual's age."" In 1974, Congress extended the ADEA's substantive requirements to the states. First, in 1994, employees of the University of Montevallo filed suit against the university, a branch of the State of Alabama, alleging that the university had discriminated against them on the basis of their age. The federal District Court dismissed the case based on the state's Eleventh Amendment immunity. The court determined that, although the ADEA shows Congress' intent to abrogate a state's Eleventh Amendment immunity, Congress did not enact or extend the ADEA under its Fourteenth Amendment enforcement powers. The court, therefore, held that the ADEA did not abrogate the state's Eleventh Amendment immunity. Second, in 1995, a group of faculty and librarians of Florida State University filed suit against the Board of Regents, alleging that the university's fiscal actions had violated the ADEA because the actions had a disparate impact on the pay of older employees. When the Florida Board of Regents moved to dismiss the suit on Eleventh Amendment grounds, the District Court denied the motion, holding that Congress expressed its intent to abrogate state Eleventh Amendment immunity in the ADEA, and that the ADEA is a proper exercise of congressional authority under the Fourteenth Amendment. Likewise, in 1996, a third case, involving an employee of the Florida Department of Corrections, was similarly decided. The Court of Appeals, in deciding all three cases, held that the ADEA does not abrogate the states' Eleventh Amendment immunity. +" +TEST_0698,Weisgram,Marley Company,"Bonnie Weisgram died of carbon monoxide poisoning during a fire in her home. Chad Weisgram, her son, brought a diversity suit in federal District Court, seeking wrongful death damages, alleging that a defective heater, manufactured by Marley Company and used by Bonnie Weisgram, cause both the fire and her death. At trial, Weisgram introduced the testimony of three supposed experts to prove the alleged heater defect and its causal connection to the fire. Marley's objection that the testimony was unreliable, and therefore inadmissible under Federal Rule of Evidence 702, was overruled by the District Court. After Weisgram's evidence was introduced, Marley again unsuccessfully moved under Federal Rule of Civil Procedure 50(a) for judgment as a matter of law on the ground that Weisgram had failed to meet his burden of proof on the issues of defect and causation. Ultimately, the jury returned a verdict for Weisgram. Afterwards, Marley, once again, requested judgment as a matter of law. Additionally, Marley requested a new trial. The court denied the motions and entered judgment for Weisgram. In reversing, the Court of Appeals held that Marley's motion for judgment as a matter of law should have been granted because the testimony of Weisgram's expert witnesses, the sole evidence supporting the product defect charge, was speculative and not shown to be scientifically sound. The appeals court did not order a new trial. +" +TEST_0699,"Evelle J. Younger, District Attorney of Los Angeles County","John Harris, Jr. et al.","California's Criminal Syndicalism Act prohibited advocating, teaching, or aiding the commission of a crime or unlawful acts of violence or terrorism. John Harris, a socialist, was indicted under the statute. Harris claimed the law had a ""chilling effect"" on his freedom of speech. After a California state court upheld Harris' conviction, a federal district court struck down the Act because of vagueness and overbreadth. +" +TEST_0700,Anthony Walden,"Gina Fiore, Keith Gipson","In 2006 Gina Fiore and Keith Gipson traveled from Las Vegas, Nevada to Atlantic City, New Jersey, to San Juan, Puerto Rico before returning to Las Vegas by way of Atlanta, Georgia. The two are professional gamblers with residences in California and Las Vegas. At a Transportation Security Administration (TSA) checkpoint in San Juan, Fiore and Gipson were subjected to heightened security because they were travelling on a one-way ticket. TSA officers search the gamblers luggage and found $97,000 in U.S. currency. San Juan Drug Enforcement Administration (DEA) officers arrived and questioned the pair to determine whether the money was the proceeds of illegal drug trade. Fiore and Gipson stated that the cash was their seed money and winnings from gambling. The DEA let Fiore and Gipson board the plane to Atlanta with their luggage. +When Fiore and Gipson landed at Atlanta Hartsfield-Jackson International Airport, Anthony Walden and other DEA agents approached and questioned them. Fiore and Gipson repeated their story and produced records of their travels. When a drug-detecting dog pawed Gipson's bag once, Walden stated that he had probable cause to seize the cash and took both Fiore and Gipson's bags before allowing them to continue on to Las Vegas without the money. When Fiore and Gipson got to Las Vegas they sent records of their gambling earnings along with past tax returns to prove their status as professional gamblers to Walden. Walden refused to return the money and referred the matter to a U.S. Attorney in Georgia based on a false probable cause affidavit. The U.S. Attorney found no probable cause and ordered the money returned. The money was returned to Fiore and Gipson seven months after it was seized. +Fiore and Gipson sued Walden in the U.S. District Court for the District of Nevada alleging that the seizure violated their Fourth Amendment rights. Walden moved to dismiss for lack of personal jurisdiction, and the District Court granted the motion. The U.S. Court of Appeals for the Ninth Circuit reversed, holding that the court did have personal jurisdiction because Walden intentionally caused foreseeable harm in Nevada by falsifying the probable cause affidavit and attempting to secure the seized funds permanently for the Atlanta DEA. +" +TEST_0701,Jury Commission of Greene County et al.,"Willie Carter Sr., John Head, Rev. Percy McShan ","African-American citizens of Greene County Alabama filed a class action against the Greene County, Alabama Jury Commission, alleging racial discrimination in the selection of potential jurors, and the Governor of Alabama, for appointing an all-white jury commission in a predominantly African-American county. The class members alleged that they were qualified for jury service but never summoned. They sought declaratory and injunctive relief declaring that the Alabama statute governing jury selection was unconstitutional and enjoining future enforcement of the statute. The Alabama statute provided that potential jurors should be “generally reputed to be honest and intelligent” and “esteemed in the community for their integrity, good character and sound judgment.” The district court held that the Jury Commission did not follow the Alabama statute and systematically discriminated in preparing jury lists. The court ordered a new list created in compliance with the Alabama statute and constitutional principles. The court declined to invalidate the statue or compel the Governor to appoint African-Americans to the jury commission. This case was heard on direct appeal. +" +TEST_0702,"Robert Nicastro, et al.","J. McIntyre Machinery, Ltd.","An accident severed four fingers off the right hand of Robert Nicastro who was operating a recycling machine used to cut metal. A British company manufactured the machine and sold it through its exclusive U.S. distributor. Nicastro sued J. McIntyre Machinery, Ltd., the British company, and its U.S. distributor, McIntyre Machinery America, Ltd., in New Jersey state court for product liability. The state supreme court reversed a trial court's dismissal, finding that the foreign company had sufficient contacts with the state. +" +TEST_0703,Joel Judulang,"Eric H. Holder, Jr.","Joel Judulang was born on June 26, 1966 in the Philippines, but claims that he obtained derivative citizenship through his parents. Judulang entered the United States in 1974 at the age of eight and has continuously resided in the United States for 36 years. His parents are naturalized citizens. He has a 14-year-old daughter who is also a native-born citizen of the United States, as are his four nephews and two nieces. His two sisters are also U.S. citizens. However, Judulang's parents did not seek to obtain citizenship for him before he turned 18. +In 1988, when Judulang was 22, he was involved in a fight in which another person shot and killed someone. Although Judulang was not the shooter, he was charged as an accessory. He pled guilty to voluntary manslaughter. Due to his minor involvement in the crime and his cooperation with authorities, Judulang was given a suspended sentence of six years. He was released on probation immediately following his plea. On June 10, 2005, the government commenced deportation proceedings against Judulang as a result of his conviction for voluntary manslaughter, which is an aggravated felony ""crime of violence."" The Board of Immigration Appeals affirmed the deportation order, though it did not affirm the immigration judge's reasoning. Instead, it ruled that because Judulang was removable for a ""crime of violence"" aggravated felony, he was categorically ineligible for a Section 212(c) waiver. +A panel of the United States Court of Appeals for the Ninth Circuit denied Judulang's petition for review. His petition for rehearing and rehearing en banc was denied, but Justice Anthony Kennedy stayed the judgment of the Ninth Circuit pending the filing of a petition for certiorari. +" +TEST_0704,State of Michigan,Richard Bert Mosley,"On April 8, 1971, Richard Mosley was arrested in Detroit in connection with robberies that had occurred at two local restaurants. Mosley was taken to police headquarters, where he was informed of his Miranda rights to remain silent and to have an attorney present. After Mosley signed the police department’s constitutional rights notification certificate, Detective James Cowie began to question Mosley, but he immediately stopped when Mosley said that he did not wish to speak about the robberies. A few hours later, Detective Hill brought Mosley out from his cell to question him about the recent murder of a man named Leroy Williams, and Mosley was again informed of his Miranda rights. At first Mosley denied any involvement, but after being informed that another man had named him as the shooter, he made statements implicating himself in the murder. During the second interrogation, he never asked for a lawyer or refused to answer questions. Mosley was subsequently charged with first-degree murder. Mosley moved to suppress his incriminating statement and argued that Detective Hill’s interrogation and eventual use of his incriminating comment violated his Miranda rights. The trial court denied his motion, and he was found guilty and given the mandatory sentence of life in prison. The Michigan Court of Appeals reversed and held that the trial court’s failure to suppress Mosley’s statement was a per se violation of Mosley’s Miranda rights. The Michigan Supreme Court denied further review. +" +TEST_0705,Samuel Spevack,Solomon A. Klein,"The New York Bar charged Samuel Spevack, an attorney from New York, with professional misconduct because he refused to produce financial records and testify at a judicial inquiry. In his defense, Spevack claimed his constitutional right against self-incrimination, and stated that the records and testimony would tend to incriminate him. The New York appellate court rejected Spevack's defense and ordered Spevack disbarred, holding that the Fifth Amendment right against self-incrimination was not available to attorneys against states. +" +TEST_0706,"American Broadcasting Corporation, Inc., et al.","Aereo, Inc.","Aereo, Inc. (Aereo) provides a service that allows its subscribers to watch programs that are currently airing on network television or record programs that will air in the future over the Internet. By allowing subscribers to watch live television as well as record and watch shows on Internet-enabled devices including mobile phones, Aereo serves three functions: that of a regular television antenna, a recording device, and an application that makes these services work on devices other than televisions and computers. Aereo is currently only available to subscribers in the New York City area and offers only New York City local channels. Aereo does not have a license from the copyright holders of the programs to record or transmit their programs. +Two groups of plaintiffs filed separate copyright infringement suits against Aereo and moved for a preliminary injunction to prevent Aereo from transmitting programs to its subscribers while the programs were still being broadcast. The plaintiffs claimed that the transmission of the programs violated their right to ""publicly perform"" their copyrighted works. The district court denied the motion and held that Aereo's system was not substantially different from another that had been determined non-violative of the rights of copyright holders and that, while the injunction might prevent harm for the plaintiffs' businesses, it would irreparably harm Aereo's. The U.S. Court of Appeals for the Second Circuit affirmed the lower court's ruling to deny the motion. +" +TEST_0707,"Michael O. Leavitt, Secretary of Health and Human Services, et al.",Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation,"The Indian Self-Determination and Education Assistance Act (ISDA) allows tribes to administer health care programs previously run by the federal government. Tribes can opt to do this by entering into contracts with the Secretary of Health and Human Services, who is obligated to fund tribe-run health services as if they were still federally run. The Secretary must also fund ""contract support costs"" associated with carrying out the contract. However, ISDA requires the federal government to fund contract support costs only to the extent money is available. ISDA also does not require the federal government to reduce funding for some tribe programs to make funds available for other tribes. In two separate cases tribes claimed the federal government under-funded contract support costs. The Secretary argued the Omnibus Consolidated and Emergency Appropriations Act made it clear the government lacked the funds to pay the full contract support costs. In one case a federal appellate court ruled that the federal government did not adequately fund contract support costs and that funds were available. In another case a federal appellate court ruled for the federal government. +" +TEST_0708,"Stephen M. Shapiro, et al.","David J. McManus, Jr., et al.","In 2011, the Maryland General Assembly enacted a redistricting plan based on the results of the 2010 census. Several of the districts consisted of de-facto non-contiguous segments—discrete segments that would be wholly unconnected but for one or two narrow strips connecting the two—often with largely inconsistent demographics between the two large segments. The plaintiffs were a group of citizens who sued the Chair of the Maryland State Board of Elections (Board) and the State Administrator of the Board and argued that the new districting plan violated their rights to political association and equal representation under the First and Fourteenth Amendments. The defendants moved to dismiss the suit under Federal Rule of Civil Procedure 12(b)(6), which requires that a complaint be plausible on its face and enable the court to draw a reasonable inference of misconduct. The district court granted the motion to dismiss and held that the complaint did no more than imply the mere possibility of misconduct. Therefore, the case did not go before a three-judge panel, as the Three-Judge Court Act requires for cases dealing with congressional districts unless the claim is determined to be insubstantial. The U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal. +" +TEST_0709,Summum,"Pleasant Grove City, Utah et al.","Summum, a religious organization, sent a letter to the mayor of Pleasant Grove, Utah asking to place a monument in one of the city's parks. Although the park already housed a monument to the Ten Commandments, the mayor denied Summum's request because the monument did not ""directly relate to the history of Pleasant Grove."" Summum filed suit against the city in federal court citing, among other things, a violation of its First Amendment free speech rights. The U.S. District Court for the District of Utah denied Summum's request for a preliminary injunction. +The U.S. Court of Appeals for the Tenth Circuit reversed the district court and granted Summum's injunction request. The Tenth Circuit held that the park was in fact a ""public"" forum, not a non-public forum as the district court had held. Furthermore, Summum demonstrated that it would suffer irreparable harm if the injunction were to be denied, and the interests of the city did not outweigh this potential harm. The injunction, according to the court, was also not against the public interest. +" +TEST_0710,Mary Anne Sause,"Timothy J. Bauer, et al.","Mary Ann Sause, representing herself, filed a lawsuit under 42 U.S.C. § 1983 against members of the Louisburg, Kansas, police department, as well as the current and former mayor of the town. In her complaint she alleges that two police officers visited her apartment in response to a noise complaint, entered her apartment without consent, and “then proceeded to engage in a course of strange and abusive conduct.” She further alleges that at one point she “knelt and began to pray but one of the officers ordered her to stop.” Sause claims that the officers’ conduct violated her First Amendment right to the free exercise of religion and her Fourth Amendment right to be free of unreasonable searches and seizures. The defendants moved to dismiss Sause’s claim for failure to state a claim, asserting that they were entitled to qualified immunity. The district court granted the motion and dismissed the complaint. On appeal, Sause—now with counsel—argued only that her free exercise rights were violated by the officers’ conduct (dropping her Fourth Amendment claims). The Tenth Circuit affirmed the district court’s dismissal of the action, concluding that the officers were entitled to qualified immunity. +" +TEST_0711,Connecticut Department of Public Safety,Doe,"Connecticut's ""Megan's Law"" requires persons convicted of sexual offenses to register with the Department of Public Safety and requires the Department to post a sex offender registry containing registrants' names, addresses, photographs, and descriptions on the Internet. John Doe, a convicted sex offender who is subject to the law, filed suit, claiming that the law violates the Fourteenth Amendment's Due Process Clause. The District Court enjoined the law's public disclosure provisions. In affirming, the Court of Appeals concluded that such disclosure violated the Due Process Clause because officials did not afford registrants a predeprivation hearing. +" +TEST_0712,Tarrant Regional Water District,"Rudolf John Herrmann, et al.","Tarrant Regional Water District (Tarrant) supplies water to north-central Texas. In 1955, Congress allowed Arkansas, Louisiana, Oklahoma, and Texas to negotiate an agreement allocating the water from the Red River, which forms the boundary between southeastern Oklahoma and northeastern Texas. In 1980, the states signed the Red River Compact and Congress ratified it. +In 2007, Tarrant sought to appropriate water from three locations in Oklahoma for use in Texas and applied to the Oklahoma Water Resources Board (OWRB), which was established to regulate in-state and out-of-state water usage. On November 1, 2007, Tarrant sued the OWRB and sought declaratory and injunctive relief against the Oklahoma statutes on water usage. Tarrant argued that the statutes placed burdens on interstate water commerce that are unconstitutional under the Commerce Clause and overstep the bounds of the Compact that Congress allowed the states to establish. OWRB moved for summary judgment, and the district court granted it. The U.S. Court of Appeals for the Tenth Circuit affirmed. +" +TEST_0713,Dickinson Public Schools,Kadrmas,"North Dakota was a sparsely populated state, and as late as the mid-20th century some children were educated in crowded one-room schools. Since 1947, the legislature encouraged thinly populated school districts to reorganize themselves into larger districts; once reorganized, districts could only charge for transportation provisions with voter approval. Dickinson Public Schools chose not to participate in the reorganization. In 1973, the district began charging a fee for door-to-door bus service; about thirteen percent of students rode the bus, and the district charged their parents ninety-seven dollars a year for one child or one hundred fifty dollars a year for two children. In 1979, North Dakota enacted legislation expressly indicating that non-reorganized school districts could charge fees for transporting students. +Sarita Kadrmas, her mother Paula, and the rest of her family lived about sixteen miles from Sarita’s school. In September 1985, the family’s annual income was at or near the poverty level. Until 1985, the Kadrmas family agreed each year to pay the busing fee for Sarita, but they refused to sign a contract for the 1985 school year and the bus no longer stopped for Sarita. The Kadrmas family then used private transportation, but the costs exceeded $1,000 per school year. +In September 1985, Paula Kadrmas and other parents in the district filed an action in state court seeking to enjoin the Dickinson Public Schools and various school district officials from collecting any bus service fees. The district court rejected their action on the merits. On appeal to the Supreme Court of North Dakota, rejected Kadrmas’ argument that the busing fee violated the equal protection clause of the Fourteenth Amendment. It characterized the statute as purely economic legislation, concluding that the charges authorized by the statute were rationally related to the legitimate government objective of allocating limited resources. In the spring of 1987, while her appeal to the Supreme Court of the United States was pending, the Kadrmas family signed a busing contract for the remainder of the 1986 school year and paid part of the fee. They also signed a contract for the 1987 school year. +" +TEST_0714,CIGNA Corp. and CIGNA Pension Plan,"Janice C. Amara, et al.","Under the Employee Retirement Income Security Act (ERISA), plan administrators must provide all plan participants with a ""summary plan description"" (SPD), as well as a ""summary of material modifications"" when material changes are made to the plan. After CIGNA converted its traditional defined benefit pension plan to a cash balance plan, it issued a summary plan description to plan participants. In 2001, Janice Amara, one of the participants, filed a class-action lawsuit, claiming that CIGNA failed to comply with ERISA's notice requirements and SPD provisions. The U.S. District Court for the District Connecticut found for Amara, and the U.S. Court of Appeals for the Second Circuit affirmed, finding that the SPD misrepresented the terms of the plan itself. +" +TEST_0715,French,Miller,"In 1975, inmates at the Pendleton Correctional Facility filed a class action lawsuit, which ultimately led the District Court to issue an injunction to remedy Eighth Amendment violations regarding conditions of confinement. In 1996, Congress enacted the Prison Litigation Reform Act of 1995 (PLRA), which sets a standard for the entry and termination of prospective relief in civil actions challenging prison conditions. The PLRA provides that a motion to terminate such relief ""shall operate as a stay"" of that relief beginning 30 days after the motion is filed and ending when the court rules on the motion. In 1997, the State of Indiana filed a motion to terminate the remedial order against the correctional facility. Under the PLRA, the motion stayed the court's original remedial order. The prisoners of Pendleton moved to enjoin the operation of the automatic stay, arguing that the automatic stay provision of the PLRA violated due process and the separation of powers doctrine. The District Court enjoined the stay. In affirming, the Court of Appeals found that the provision precluded courts from exercising their equitable powers to enjoin the stay, but concluded that the statute was unconstitutional on separation of powers grounds. +" +TEST_0716,New Mexico ex rel. Ortiz,Reed,"The Extradition Act implements the Constitution's extradition clause and provides for the extradition from one state of a fugitive from justice when a demand for the fugitive's extradition is made by another state. Manuel Ortiz, a parolee from the Ohio correctional system, fled to New Mexico after Ohio prison officials told him that they planned to revoke his parole status. The governor of New Mexico issued a warrant directing Ortiz's return upon Ohio's demand. Ortiz then sought habeas corpus relief in New Mexico. Ultimately, the Supreme Court of New Mexico affirmed a grant of habeas corpus relief. The court expressed the view that Ortiz was a refugee from injustice and that the New Mexico constitution, which guarantees the right of seeking and obtaining safety, prevailed over the state's duty under the extradition clause. +" +TEST_0717,Betty Jean Freeman,Florida Star,"A reporter for the Florida Star wrote and printed an article about Betty Jean Freedman’s rape, including her full name. The reporter obtained all of his information, including the victim’s name, from the police report. The police department did not restrict access to the pressroom or police reports, but there were several signs in the area instructing not to print victim’s names. The newspaper also had a policy of not printing the full names of victims. After the article ran, Freedman and her family received several threatening phone calls, and Freedman sought mental counseling and police protection. Freedman sued, claiming emotional distress. The district court found Florida Star guilty of negligence under a Florida law that prohibits publishing the name of a victim of a sexual offense in any instrument of mass communication. The court awarded Freedman compensatory and punitive damages. The district court of appeal affirmed and the Supreme Court of Florida denied review. +" +TEST_0718,Rockwell International Corp. et al.,United States and United States ex rel James S. Stone,"Stone sued his employer, nuclear weapons plant operator Rockwell International, under the False Claims Act (FCA). He took advantage of the FCA's ""qui tam"" provision, which allows an individual to sue on behalf of the government. Stone alleged that Rockwell had made false claims about the environmental safety of ""pondcrete,"" a mixture of cement and sludge used for nuclear waste storage. In a qui tam action under the FCA, the person bringing the suit must be the ""original source"" of the information on which his claim is based. Rockwell argued that Stone was not an original source because he did not have ""direct and independent knowledge"" of the information at issue in the suit, as required by the FCA. +The District Court ruled that Stone qualified as an original source, and a divided panel of the U.S. Circuit Court for the Tenth Circuit affirmed. The Supreme Court agreed to resolve the question of how much and what kind of knowledge an FCA qui tam plaintiff must have. +" +TEST_0719,Brown,Marmet Health Care Center,"These are two consolidated case involving negligence suits against nursing homes in West Virginia. In both cases, the children of nursing home patients signed an agreement with the nursing home requiring arbitration for any disputes. In both cases, the patients died under the nursing homes' care and the children sued in state court for negligence. The trial court dismissed both suits because of the arbitration agreements. The Supreme Court of West Virginia reversed, holding that the forcing arbitration for personal injury and wrongful death cases violated public policy. The court also held that the Federal Arbitration Act (FAA) did not preempt state public policy despite recent U.S. Supreme Court precedent to the contrary. +" +TEST_0720,Allen H. Generes and Edna Generes,United States,"In 1954, Allen Generes and his son-in-law William Kelly formed Kelly-Generes Construction Co., Inc. Generes and Kelly each owned 44% of the stock, with the remaining 12% owned by Generes’ son and another son-in-law. Generes was the president of the corporation and did not deal with the day-to-day running of the business. In addition to his position as president, he held another full-time position as the president of a savings and loan association. In 1958, Generes and Kelly signed an indemnity agreement for the corporation. In 1962, the corporation seriously underbid two contracts and went deeply into debt. Generes loaned the corporation money, but it went bankrupt, and he was unable to receive reimbursement. +On his 1962 tax return, Generes claimed the money the corporation lost as business bad debt and his direct loans to the corporation as nonbusiness bad debt. He filed a claim for a refund on the business bad debt. This claim was the subject of a jury trial in which the jury was asked to determine whether Generes’ signing of the indemnity agreement was “proximately related to his trade or business of being an employee “of the corporation. The government requested a jury instruction to clarify that “significant” motivation satisfies the requirement, but the court refused and instructed the jury that “dominant” motivation was sufficient. The jury found in favor of Generes. The U.S. Court of Appeals for the Fifth Circuit affirmed and held that the significant motivation standard was acceptable. +  +" +TEST_0721,Clark,Community for Creative Non-Violence,"In 1982, the National Park Service issued a renewable permit to the Community for Creative Non-Violence to conduct a demonstration in Lafayette Park and the Mall in Washington, D.C. The C.C.N.V. demonstration was intended to represent the plight of the homeless, and the demonstrators wished to sleep in tent cities set up in the park. Citing anti-camping regulations, the Park Service denied the request. +" +TEST_0722,"American Assn. of Univ. Professors, Central State Univ. Chapter",Central State Univ.,"To increase the amount of time that public university professors spend teaching, Ohio enacted Ohio Rev. Code Ann. section 3345.45. Central State University adopted a workload policy pursuant to section 3345.45. The university then notified its professors that it would not bargain over the issue of faculty workload. The professors' collective-bargaining agent filed a complaint seeking declaratory and injunctive relief, claiming that section 3345.45 created a class of public employees not entitled to bargain regarding their workload and that this classification violated the Equal Protection Clauses of the Ohio and United States Constitutions. In response, the state argued that achieving equal workloads was necessary to recapture the decline in teaching and that collective bargaining produced variation in workloads. The Ohio Supreme Court agreed with the professors and found that no evidence linked collective bargaining to the decline in faculty time devoted to undergraduate teaching. +" +TEST_0723,"Sylvia Burwell, Secretary of Health and Human Services, et al.","David A. Zubik, et al.","In 2010, Congress passed the Affordable Care Act (ACA), which requires group health plans and health insurance issuers offering health plans to provide preventative care and screenings for women pursuant to the guidelines established by the Department of Health and Human Services (HHS). These guidelines include “approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity.” The regulations include an exemption from contraceptive coverage for the group health plan of a religious employer. The exemption does not mean that such services are not covered, but that they are not covered through a cost-sharing mechanism. +The petitioners are religious organizations that argue that the contraceptive coverage mandate of the ACA violates the Religious Freedom Restoration Act (RFRA), which Congress enacted in 1993, because the mandate requires these organizations to “facilitate” the provision of insurance coverage for contraceptive services that they oppose on religious grounds. In several separate cases, the relevant district courts issued injunctions against the government, and the relevant Courts of Appeals reversed. The appellate courts held that the religious organizations were unable to show that the contraceptive mandate substantially burdened the exercise of their religious freedom. +" +TEST_0724,Harold Beck Kesler,"Department Of Public Safety, Financial Responsibility Division, State of Utah","In June, 1957, a Utah court entered a judgment against Harold Kesler for negligently operating a motor vehicle. When Kesler failed to pay the judgment for over sixty days, the judgment’s creditors, following Utah’s Motor Vehicle Safety Responsibility Act (UMVSRA), filed the unpaid judgments with Utah’s Department of Public Safety. As a result, the Department suspended Kesler’s driver’s license and vehicle registration until he paid his judgment. +In December, 1959 Kesler, who had still failed to pay the judgment, filed for bankruptcy in federal bankruptcy court. Although this released him from his judgment debts, the Department refused to restore his driver’s license and vehicle registration. The Department claimed that, under the UMVSRA, a bankruptcy proceeding will not release debts for negligently operating a motor vehicle. +The United States District Court for the District of Utah, affirmed the law and refused to both restore his license and to invalidate Utah’s law. A direct appeal to the United States’ Supreme Court followed. +" +TEST_0725,"George Lane, et al.",Tennessee,"George Lane and Beverly Jones were disabled and could not access upper floors in Tennessee state courthouses. Lane, Jones, and several others sued Tennessee in federal district court, alleging that by denying them public services based on their disabilities, Tennessee was in violation of Title II of the Americans with Disabilities Act (1990). According to Title II, no person may be denied access to ""services, programs, or activities"" on the basis of his disability. The act allows alleged victims of discrimination to sue states for damages. +Tennessee asked that the case be dismissed, claiming that it was barred by the 11th Amendment's prohibition of suits against states in federal courts (the sovereign immunity doctrine). The state cited Alabama v. Garrett (2001), in which the U.S. Supreme Court ruled that Congress had acted unconstitutionally in granting citizens the right to sue states for disability discrimination (such as the denial of employment) under the 14th Amendment's equal protection clause. In that case the Supreme Court reasoned that Congress did not have enough evidence of disability discrimination by states to justify the waiver of sovereign immunity. +The district court rejected the state's argument and denied the motion to dismiss. The Sixth Circuit Court of Appeals panel affirmed. The courts reasoned that because Title II of the ADA dealt with the Due process Clause of the 14th Amendment, not the equal protection clause, the ruling in Garrett did not apply. The court found that while Congress may not have had enough evidence of disability discrimination to waive sovereign immunity for equal protection claims, it did have enough evidence of Due Process violations (such as non-handicap-accessible courthouses) to waive the sovereign immunity doctrine for Due Process claims. +" +TEST_0726,"Alabama Department of Revenue, et al.","CSX Transportation, Inc.","Alabama imposes a 4% sales tax on the gross receipts of retail businesses and a 4% use tax on storage, use, or consumption of tangible personal property. Accordingly, rail carriers that purchase diesel fuel within the state are subject to a 4% sales tax. However, motor and water carriers that purchase fuel in Alabama pay an excise tax of $0.19 per gallon. +In 2008, CSX Transportation, Inc. (CSX) sued the Alabama Department of Revenue for violating the Railroad Revitalization and Regulatory Reform Act of 1974 (4-R Act), which targeted local and state taxation schemes that discriminated against rail carriers. CSX argued that the sales tax was discriminatory because it required the rail carriers to pay more than their competitors for purchasing diesel fuel in the state. The district court dismissed the case and U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal by citing precedent that held that a railroad could not challenge its competitors' exemptions from a sales tax as discriminatory under the 4-R Act. The Supreme Court granted certiorari, overturned the ruling, and remanded the case. On remand, the district court conducted a bench trial and issued an order holding that the state's sales tax does not discriminate against rail carriers for the purposes of the 4-R Act, because the amount that motor carriers paid was roughly equal to that paid by rail carriers. The Court of Appeals reversed the lower court's decision and held that the tax is discriminatory because the state had not offered sufficient justification for exempting CSX's competitors from the sales tax. +" +TEST_0727,"Naranjibhai Patel, et al.",City of Los Angeles,"Naranjibhai and Ramilaben Patel are owners and operators of motels in Los Angeles. The Los Angeles Municipal Code (LAMC) requires motel operators to keep records with specified information about their guests. The LAMC also authorizes police officers to inspect hotel records at any time without a search warrant. The Patels filed suit and argued that the provision violated their Fourth Amendment protections against unreasonable searches. The city of Los Angeles argued that motels are ""closely regulated"" businesses and are therefore subject to warrantless inspections. +The district court determined that motels were not subjected to the same kind of pervasive and regular regulations as other recognized ""closely regulated"" businesses. Nonetheless, the court held that motels do not have an ownership interest that gives rise to a privacy right in their records because the records were created to comply with the ordinance. The U.S. Court of Appeals for the Ninth Circuit initially affirmed, but later reversed in rehearing en banc. The appellate court held that the hotel records were private ""papers"" protected by the Fourth Amendment and that the LAMC's warrantless search provision was unreasonable because it does not provide for pre-compliance judicial review of an officer's demand to inspect a motel's records. +" +TEST_0728,"Matsushita Electric Industrial Company, Ltd.",Zenith Radio Corporation,"In 1974, Zenith Radio Corporation, an American manufacturer of consumer electronic products, and National Union Electronic Company (collectively referred to as Zenith) sued 21 Japanese-owned or -controlled manufacturers of consumer electronics and claimed that these companies conspired to drive the American companies out of the market. According to Zenith, the Japanese companies conspired to set artificially high prices for their products in Japan to offset the artificially low prices of their products in America, which was harmful to the American companies. Zenith claimed this conspiracy was a violation of several anti-trust laws intended to prevent price-fixing. The Japanese companies filed a motion for summary judgment. After finding the bulk of Zenith’s evidence inadmissible, the district court held that the admissible evidence did not raise a genuine issue of material fact and granted the motion for summary judgment in favor of the Japanese companies. +The U.S. Court of Appeals for the Third Circuit reversed and held that most of Zenith’s evidence was admissible. On the merits of the case, and in light of the greater amount of admissible evidence, the Court of Appeals held that a reasonable factfinder could find evidence of a conspiracy and that the district court improperly granted the summary judgment in favor of the Japanese companies. +  +" +TEST_0729,Brian Michael Gall,United States,"While a student at the University of Iowa, Brian Gall was involved in a drug ring distributing ecstasy (methylenedioxymethamphetamine, MDMA). He voluntarily left the drug conspiracy and moved to Arizona where he started his own business and led a crime-free life. When federal agents tracked him down, he turned himself in and pleaded guilty to conspiracy to distribute a controlled substance. The government argued for a sentence of 30 months in prison, which was the minimum sentence in the range recommended for the offense by the federal sentencing guidelines. Taking into account the mitigating circumstances in Gall's case, the judge instead decided to depart from the guidelines and impose a sentence of 36 months of probation. (The Supreme Court in U.S. v. Booker had declared the sentencing guidelines to be merely advisory, but the guidelines range is still among the factors a court must consider before handing down a reasonable sentence.) +The U.S. Court of Appeals for the Eighth Circuit rejected the below-guidelines sentence as unreasonable. The Eighth Circuit held that while the guidelines are not mandatory, sentences that fall outside of the recommended sentencing range must overcome a presumption of unreasonableness. Sentences varying from the guidelines must be justified based on the circumstances of the case, and larger variances from the guidelines require correspondingly more compelling justifications. The Eighth Circuit ruled that the district court had erred by using Gall's youth as a mitigating factor, by overweighing his rehabilitation, and by underweighing the seriousness of the crime. Since the ""extraordinary variance"" was not justified by a finding of extraordinary circumstances, the Eighth Circuit ordered a new sentence. +" +TEST_0730,Gary Lawrence,Florida,"Gary Lawrence was convicted of first-degree murder and sentenced to death. Lawrence appealed his conviction, arguing that his counsel had been ineffective. After exhausting his state-court appeals, Lawrence filed a petition for certiorari, asking the Supreme Court to review the decisions of the Florida courts. Later, Lawrence petitioned for a writ of habeas corpus, which would allow his appeal to be heard in federal court. +The federal District Court rejected Lawrence's habeas petition, because he had exceeded the one-year statute of limitations in the Antiterrorism and Effective Death Penalty Act (AEDPA). The AEDPA gives defendants one year to submit habeas petitions, but that does not include any time that the petitioner has a ""properly filed application"" pending for ""State post-conviction or other collateral review."" In Lawrence's case, whether or not he had exceeded the one-year time limit depended on whether or not the time spent waiting for the Supreme Court to process his pending certiorari petition counted toward the time limit. Federal Circuit Courts have disagreed on this question. +In his appeal, Lawrence argued that time spent on Supreme Court certiorari petitions, like time spent on state-court appeals, was not countable toward the one-year statute of limitations. Lawrence also made an alternative argument that the incompetence of his state-appointed counsel, as well as the disagreement among federal courts on the statute of limitations question, constituted ""extraordinary circumstances."" If the Court were to find that the delay was due to extraordinary circumstances beyond the defendant's control, it could set aside the time limit under the doctrine of ""equitable tolling."" +The U.S. Court of Appeals for the Eleventh Circuit upheld the District Court and rejected Lawrence's petition. The Circuit Court ruled that Lawrence had failed to demonstrate how his lawyer's actions or the confusion over the statute of limitations caused him to miss the deadline. The Circuit Court acknowledged that the statute of limitations had been in dispute, but it followed Circuit precedent that said time spent waiting for a pending Supreme Court certiorari petition did count toward the AEDPA's one-year time limit. +" +TEST_0731,"California, et al.","Robert LaRue, et al.","After receiving reports of the type of sexual activity occurring on the premises of licensed liquor sellers, the California Department of Alcoholic Beverage Control promulgated a series of regulations pertaining to the conduct on such licensed premises. The appellees, a group of holders of various liquor licenses, sought discretionary review of the new regulations. The district court held that the regulations unconstitutionally limited freedom of expression. +" +TEST_0732,Charles C. Green et al.,"County School Board of New Kent County, Virginia et al.","New Kent County had two schools that taught students elementary through high school. Prior to 1965, New Kent school taught all white students, while George W. Watkins school taught all African American students. After Brown v. Board of Education, the school district implemented a “freedom of choice” plan, where all students could choose which school they wanted to attend. While the school district did not prevent anyone from attending the school they wanted to, only a few African American students transferred to New Kent and no white students transferred to George W. Watkins. Several students and parents from the school district brought this action against the school district, arguing that the plan did not adequately integrate the school system. The district court upheld the plan. The U.S. Court of Appeals for the Fourth Circuit affirmed, but remanded the case for a more specific order concerning desegregation of teachers. +" +TEST_0733,Lomenzo,"WMCA, Inc.","The WMCA, acting on behalf of several New York City registered voters, challenged the constitutionality of Article III, Sections 2-5 of the New York State constitution alleging that its apportionment formula resulted in unfair weighting of both state legislature houses by favoring lesser populated rural areas over densely populated urban centers. On appeal from a dismissal of their complaint by a three-judge district court, the Supreme Court granted the WMCA certiorari. +" +TEST_0734,"California, et al.",Garrison S. Johnson,"California prisoner Garrison Johnson alleged in federal district court that the California Department of Corrections used race to assign temporary cell mates for new prisoners. Johnson alleged this violated the U.S. Constitution's equal protection clause. The district court and a federal appellate court ruled against Johnson. The appellate court pointed to the U.S. Supreme Court's 1987 decision in Turner v. Safley, which said a relaxed standard - as opposed to a ""strict scrutiny"" standard - should be used to determine whether prison regulations are constitutional. The prison's policies were ""reasonably related to the administrators' concern for racial violence and thus must be upheld,"" the appellate court wrote. +" +TEST_0735,Stone,Graham,"Sydell Stone and a number of other parents challenged a Kentucky state law that required the posting of a copy of the Ten Commandments in each public school classroom. They filed a claim against James Graham, the superintendent of public schools in Kentucky. +" +TEST_0736,Wal-Mart Stores Inc.,Samara Bros. Inc.,"Samara Brothers, Inc. designs and manufactures a line of children's clothing. Wal-Mart Stores, Inc., contracted with a supplier, Judy-Philippine, Inc. (JPI), to manufacture outfits based on photographs of Samara garments and to be offered under Wal-Mart's house label, ""Small Steps."" When JPI manufactured the clothes, it copied sixteen of Samara's garments with some small modifications to produce the line of clothes required under its contract with Wal-Mart. After discovering that Wal-Mart and other retailers were selling the so-called knockoffs, Samara brought an action for infringement of unregistered trade dress under section 43(a) of the Trademark Act of 1946. The jury found for Samara and awarded the company more than $1 million in damages. Wal-Mart then renewed a motion for judgment as a matter of law, claiming that there was insufficient evidence to support a conclusion that Samara's clothing designs could be legally protected as distinctive trade dress for purposes of section 43(a). The District Court denied the motion and awarded Samara relief. The Court of Appeals affirmed the denial of the motion and concluded that ""copyrights depicting familiar objects, such as the hearts, daisies, and strawberries in Samara's copyrights are entitled to very narrow protection. It is only the virtually identical copying...which will result in a successful claim of infringement of familiar objects."" +" +TEST_0737,"Edison International, et al.","Glenn Tibble, et al.","Edison International is a holding company for electric utilities and energy interests. Since 1999, Edison International and its related benefits and investment committees (collectively, Edison) have offered retail-class mutual funds as part of its 401(k) employee benefits plan, even though otherwise identical institutional-class funds that charged lower fees were available. Those mutual funds also give a portion of the fees collected back to plan service providers, including Edison's, which thereby reduces Edison's administrative costs. +In 2007, Glenn Tibble and other Edison employees (Employees) sued under the Employee Retirement Income Security Act of 1974 (ERISA), which requires fiduciaries of an employee benefit plan to administer the plan prudently for the exclusive benefit of the participants. The Employees argued that the continued inclusion of the higher-cost funds in the benefit plan was a ""continuing violation"" of ERISA. Edison argued that ERISA's statute of repose, which bars claims filed more than six years after the date of the last action which constituted a part of the violation, prevented Employees' claim. The district court granted summary judgment for Edison and held that there was no ""continuing violation"" theory under ERISA. The court stated that the act of designating an investment for inclusion started the six-year period, and since Edison had not made any misstatements or actively concealed any breach following the initial inclusion, the six-year period had passed. The U.S. Court of Appeals for the Ninth Circuit affirmed. +" +TEST_0738,"Greenmoss Builders, Inc.","Dun & Bradstreet, Inc.","Dun and Bradstreet, a credit reporting agency, mistakenly reported to some of its subscribers that the construction contractor Greenmoss Builders had voluntarily filed for bankruptcy. The president of Greenmoss quickly learned about the erroneous report, requested Bradstreet to correct its error, and asked for the list of subscribers who received the report. Bradstreet refused to release the names on the list, but issued a correction to its five subscribers who received the original report. The correction stated that actually a former employee of Greenmoss had filed for bankruptcy and that Greenmoss Builders ""continued in business as usual."" Greenmoss was dissatisfied with the correction and again asked for the list. When Bradstreet refused a second time, Greenmoss filed suit against it for defamation in a Vermont state court. The court discovered that a 17-year-old high student interning for Bradstreet had caused the error and the jury awarded $350,000 to Greenmoss in compensatory and punitive damages. Bradstreet claimed that contrary to the Supreme Court's ruling in Gertz v. Robert Welch, the trial judge told the jury that it could award punitive damages even if Bradford did not make mistakes intentionally or out of recklessness. The court granted Bradstreet's motion for retrial, but the Vermont Supreme Court ruled that Gertz only applied to cases involving defamation by the media. +" +TEST_0739,United States,Edwards,"At Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell's trial for ""conspiring"" to ""possess with intent to...distribute [mixtures containing two] controlled substances,"" the jury was instructed that the Government must prove that the conspiracy involved measurable amounts of ""cocaine or cocaine base (crack)."" After the jury returned guilty verdicts, the District Judge imposed sentences based on his finding that each petitioners' illegal conduct involved both cocaine and crack. On appeal, the petitioners argued that their sentences were unlawful insofar as they were based upon crack, because the word ""or"" in the jury instruction meant that the judge must assume that the conspiracy involved only cocaine. The United States Sentencing Guidelines treats cocaine more leniently than crack. The Court of Appeals concluded that the Guidelines require the sentencing judge, not the jury, to determine both the kind and the amount of the drugs at issue in a drug conspiracy. +" +TEST_0740,California,Charles R. Carney,"On May 31, 1979, Drug Enforcement Agency officers observed Charles Carney approach a youth who followed him into a motor home parked in a lot in downtown San Diego. Having previously received a tip that Carney was using the motor home to sell marijuana in exchange for sexual favors, the officers kept the motor home under surveillance while the two were inside. When the youth exited, the officers contacted him, and he confirmed that Carney gave him marijuana in exchange for receiving Carney’s sexual advances. The officers knocked on the door of the mobile home, identified themselves, and entered without a warrant or consent. They found marijuana, plastic bags, and a scale on the table. The officers arrested Carney for possession of marijuana with intent to sell. +Carney moved to suppress the evidence discovered in the warrantless search of the motor home, and the trial court denied the motion. Carney pleaded no contest, was convicted, and placed on probation. He appealed, and the California Court of Appeals upheld the conviction on the grounds that the motor home fell under the vehicle exception to the Fourth Amendment. The Supreme Court of California reversed. +" +TEST_0741,Winstar Corporation,United States,"During the savings and loan crisis of the 1980s, the Federal Home Loan Bank Board encouraged thrifts in good standing and outside investors to take over ailing thrifts in supervisory mergers. The Board agreed to permit acquiring entities to designate the excess of the purchase price over the fair value of identifiable assets as an intangible asset referred to as supervisory goodwill and to count such goodwill and certain capital credits toward the capital reserve requirements imposed by federal regulations. Subsequently, Congress's passage of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) forbade thrifts from counting goodwill and capital credits in computing the required reserves. Three thrifts, created through supervisory mergers who consequently ran into financial troubles, each filed suit against the United States for breach of contract. Agreeing with the thrifts, the District Court granted each summary judgment. The court rejected Government's arguments that surrenders of sovereign authority, such as the promise to refrain from regulatory changes, must appear in unmistakable terms in a contract in order to be enforceable and that a public and general sovereign act, such as FIRREA's alteration of capital reserve requirements, could not trigger contractual liability. The Court of Appeals affirmed. +" +TEST_0742,Betty Vaden,"Discover Bank, et al.","Discover Bank filed this suit in the United States District Court for the District of Maryland in order to compel arbitration on certain counterclaims brought by Betty Vaden, a card member, in a state court suit against her. Discover had originally brought the state suit to recover on Vaden's outstanding credit card balance, but Vaden counterclaimed that certain fees and interest rates had been charged in violation of state law. The district court held that Vaden's usury claims were preempted by federal law and that the agreement clearly contained a provision compelling arbitration in such cases +The U.S. Court of Appeals for the Fourth Circuit agreed with the district court, holding that Discover was the ""real party in interest"" and that Vaden's claims were therefore preempted by the Federal Deposit Insurance Act. Furthermore, Vaden had failed to overcome the presumption that she received the properly mailed arbitration agreement. Based on these conclusions, the Ninth Circuit granted Discover's motion to compel arbitration. +" +TEST_0743,Lanell Williams-Yulee,The Florida Bar,"During her candidacy for County Court Judge in Hillsborough County, Florida, Lanell Williams-Yulee personally solicited campaign contributions. She stated that she served as the ""community Public Defender"" – although her title was ""assistant public defender"" – and inaccurately stated in the media that there was no incumbent in the judicial race for which she was running. +The Florida Bar filed a complaint against Williams-Yulee and alleged that her actions during the campaign violated the rules regulating The Florida Bar. A referee was appointed who suggested that Williams-Yulee receive a public reprimand. Williams-Yulee appealed the referee's finding, and the Supreme Court of Florida held that Williams-Yulee violated bar rules for directly soliciting funds for her judicial campaign. Williams-Yulee appealed and claimed that The Florida Bar rule prohibiting a candidate from personal solicitation of funds violated the First Amendment protection of freedom of speech. +" +TEST_0744,"Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division",Rafael Arriaza Gonzalez,"Raphael Arriaza Gonzalez was convicted of murder in Texas state court on June 14, 2005, and was sentenced to 30 years in prison. He filed an appeal to the Texas intermediate court of appeals, which affirmed his conviction on July 12, 2006. Gonzalez's counsel did not file a petition for discretionary review with the Texas Court of Criminal Appeals within the 30-day timeframe permitted by state law. 2. On July 19, 2007, Gonzalez filed in Texas state court a petition for a writ of habeas corpus. The Texas Court of Criminal Appeals denied that petition on the merits on November 21, 2007. On January 24, 2008, Gonzalez filed a petition for writ of habeas corpus in the United States District Court for the Northern District of Texas. +" +TEST_0745,Maryland,Bell,"A group of 15-20 African-American students entered Hooper's restaurant in Baltimore to engage in a sit-in to protest the restaurant's refusal to serve African-American patrons. They refused to leave when requested to do so by the hostess on behalf of Mr. Hooper, the president of the corporation that owned the restaurant. Mr. Hooper called the police, who told him that they needed a warrant to be able to do anything. After Mr. Hooper swore out a warrant, the students were arrested for violating a Maryland statute prohibiting trespassing. The Maryland Court of Appeals affirmed the convictions. +" +TEST_0746,Marvin Green,"Megan J. Brennan, Postmaster General","Marvin Green began working for the United States Postal Service in 1973. In 2002, he became the postmaster at the Englewood, Colorado, post office. In 2008, a postmaster position opened in Boulder, and Green applied but did not receive the position. He filed a formal Equal Employment Opportunity (EEO) charge regarding the denial of his application, and the charge was settled. In 2009, Green filed an informal EEO charge and alleged that his supervisor and supervisor’s replacement had been retaliating against him for his prior EEO activity. Throughout that year, Green was subject to internal Postal Service investigations including a threat of criminal prosecution. He ultimately signed an agreement that he would immediately give up his position and either retire or accept a much lower paying position. Green chose to retire and filed subsequent charges with the EEO Office, which dismissed his claim. Green then sued in district court and alleged, among other claims, that he had been constructively discharged. The district court held that Green’s constructive discharge claim was barred because he did not contact an EEO counselor within 45 days of signing the agreement, which was the last allegedly discriminatory act, and the U.S. Court of Appeals for the Tenth Circuit affirmed. +" +TEST_0747,"Pamela Valente, et al.","John R. Larson, et al.","In 1961, Minnesota passed the Minnesota Charitable Solicitation Act, which established a system of registering charitable organizations that solicit money. All organizations subject to the Act must file extensive annual reports with the Minnesota Department of Commerce. The Department may deny or withdraw the registration of any organization that engages in fraudulent, deceptive, or dishonest practices. From 1961 until 1978, all religious organizations were exempt from the Act. In 1978, the state legislature amended the Act to include religious organizations that received more than fifty percent of their funding from solicitations of nonmembers. +Shortly after the amendment, the Department notified the Holy Spirit Association for the Unification of World Christianity (Unification Church) that it must register under the Act. Pamela Valente and other members of the Church responded by suing and alleging that the Act violated the First and Fourteenth Amendments. The United States Magistrate granted a preliminary injunction and held that the Act failed the second part of the Lemon Test, that the primary effect of a law must neither advance nor inhibit religion. Accepting the recommendation of the Magistrate, the District Court granted summary judgment in favor of the plaintiff. +The U.S. Court of Appeals for the Eighth Circuit affirmed in part and reversed in part. The Court of Appeals affirmed that the fifty percent rule violated the Establishment Clause, but held that proof of status as a religious organization was required to be exempt from the Act. +" +TEST_0748,Massaro,United States,"Joseph Massaro was indicted on federal racketeering charges, including murder in aid of racketeering. Though prosecutors found a bullet before the trial began and did not inform the defense until the trial was underway, defense counsel declined more than once the trial court's offer of a continuance so the bullet could be examined. Subsequently, Massaro was convicted. On direct appeal, Massaro but did not raise an ineffective-assistance-of-trial-counsel claim and the Court of Appeals affirmed. Massaro later moved to vacate his conviction, under 28 USC section 2255, based on an ineffective-assistance-of-trial-counsel claim. The District Court found his claim procedurally defaulted because he could have raised it on direct appeal. In affirming, the Court of Appeals concluded that, when the defendant is represented by new counsel on appeal and the ineffective-assistance claim is based solely on the trial record, the claim must be raised on direct appeal. +" +TEST_0749,"John R. Thompson, et al.",Richard Guy Steffel,"On October 8, 1970, Richard Guy Steffel and other individuals were distributing flyers protesting American involvement in the Vietnam War on the exterior sidewalk of the North DeKalb Shopping Center. Employees asked them to stop, but they did not, so the employees called the police. The police informed them that they would be arrested under a Georgia criminal statute if they did not stop, so they left. The next day Steffel and another individual returned to hand out flyers. The police were called again, and Steffel left to avoid arrest. The other individual, however, was arrested. +Steffel sued and argued that his First and Fourteenth Amendment rights were violated because his fear of being arrested kept him from distributing flyers. The district court dismissed the action and denied all relief after it found no evidence that the state acted in bad faith and therefore there was no active controversy. The U.S. Court of Appeals for the Fifth Circuit affirmed. +" +TEST_0750,Lee,Weisman,"In keeping with the practice of several other public middle and high school principals in Providence, Rhode Island, Robert E. Lee, a middle school principal, invited a rabbi to speak at his school's graduation ceremony. Daniel Weisman's daughter, Deborah, was among the graduates. Hoping to stop the rabbi from speaking at his daughter's graduation, Weisman sought a temporary restaining order in District Court - but was denied. After the ceremony, where prayers were recited, Weisman filed for a permanent injunction barring Lee and other Providence public school officials from inviting clergy to deliver invocations and benedictions at their schools' ceremonies. When the Court of Appeals affirmed a District Court ruling against the schools, Lee appealed to the Supreme Court and was granted certiorari. +" +TEST_0751,Nancy A. Berryhill,Ricky Lee Smith,"In 1987, Ricky Lee Smith filed an application for supplemental security income (SSI) resulting from disability. The following year, an administrative law judge (ALJ) approved his application, and Smith received benefits until 2004, when he was found to be over the resource limit. +Smith filed another application for SSI in August 2012, alleging additional medical conditions as a result of his original disability. The claim was initial denied, and denied again upon reconsideration. +Smith filed a timely request for a hearing before an ALJ, and after the hearing, an ALJ denied Smith’s claim on March 26, 2014. Smith claims to have mailed a written request for review before the Appeals Council on April 24, 2014, and followed up by fax on September 21, 2014. A claims representative spoke with Smith on October 1, 2014, to inform him that his request may not have been received and that his request was filed as of that day, October 1, 2014. +The Appeals Council dismissed the request for review as untimely, as Smith proffered no evidence showing the request for was sent within the appropriate time. Smith filed a civil action seeking review of the Appeals Council’s dismissal. The district court determined that it lacked jurisdiction to hear the claim because the Appeals Council’s dismissal did not constitute a final decision subject to judicial review under 42 U.S.C. § 405(g). +" +TEST_0752,"Conrad M. Black, John A. Boultbee, and Mark S. Kipnis",United States,"Four former executives of Hollinger International were convicted of mail and wire fraud under 18 U.S.C. Section 1346 by an Illinois federal district court. In part, they had paid themselves $5.5 million in fees without the knowledge of the company's audit committee or board of directors. At trial, the jury was instructed that it could find the defendants guilty if it deemed they had schemed to deprive Hollinger and its shareholders ""of their intangible right to the honest services of the corporate officers, directors, or controlling shareholders of Hollinger,"" and if the objective of the scheme was ""private gain."" On appeal, the defendants explained that while their objective was ""private gain,"" the compensation had been crafted in order to avoid paying taxes to the Canadian government. Therefore, they argued that because their ""private gain"" was intended to be purely at the expense of the Canadian government and not the company, their actions did not violate the intent of Section 1346. +The U.S. Court of Appeals for the Seventh Circuit disagreed and affirmed the district court. It held that the deprivation of honest services owed to an employer is not mitigated simply because the inducement was a tax benefit obtained from a third party. The court reasoned that had the defendants disclosed to Hollinger's audit committee and board of directors that the compensation was meant to bring about tax benefits, the committee and board very well may have reduced the pay-out in light of the tax benefits. +" +TEST_0753,Jack Gross,"FBL Financial Services, Inc.","In April 2004, Jack Gross sued FBL Financial Services, Inc. (FBL) under the Age Discrimination in Employment Act (ADEA) alleging he was demoted because of his age. A federal district court in Iowa found in his favor and awarded him $46, 945. +On appeal, the United States Court of Appeals for the Eighth Circuit reversed and ordered a new trial. The court held that the jury instruction in Mr. Gross' case was improper. It reasoned that since Mr. Gross never submitted direct evidence that age was a motivating factor in his demotion, he was not entitled to a jury instruction that put the burden of persuasion upon FBL to show that it would have demoted him regardless of his age. +" +TEST_0754,"Martha Coakley, Attorney General for the state of Massachusetts","Eleanor McCullen, Jean Zarrella, Gregory A. Smith, Eric Cadin, Cyril Shea, Mark Bashour, and Nancy Clark","In 2007, the Massachusetts state legislature created a 35-foot buffer zone around the entrances, exits, and driveways of abortion clinics. The petitioners, individuals who routinely engage in ""pro-life counseling"" outside of state abortion clinics, sued in federal district court and argued that the law violated the First Amendment protection of free speech. The district court held that, although the law placed a restriction on the time, place, and manner of speech, the law was constitutional because it was content-neutral and still left adequate, if not perfect, alternative means of communications. The U.S. Court of Appeals for the First Circuit affirmed and held that the Supreme Court, in Hill v. Colorado had already affirmed a similar statute in Colorado that prohibited certain activities within 100 feet of abortion clinics. +" +TEST_0755,Swidler & Berlin,United States,"During the 1993 investigation of the White House Travel Office (""Travelgate""), Deputy White House Counsel Vincent W. Foster, Jr., met with an attorney from Swidler & Berlin's law firm named James Hamilton. Nine days later, Foster committed suicide. During a subsequent investigation into the legalities of Travelgate, Independent Counsel Kenneth Starr subpoenaed Hamilton's notes about his meeting with Foster. When Swidler & Berlin challenged Starr's subpoena as a violation of the attorney-client privilege, a district court agreed. On appeal from an appellate court reversal, the Supreme Court granted certiorari. +" +TEST_0756,"Willie Carter Sr., John Head, Rev. Percy McShan ",Jury Commission of Greene County et al.,"African-American citizens of Greene County Alabama filed a class action against the Greene County, Alabama Jury Commission, alleging racial discrimination in the selection of potential jurors, and the Governor of Alabama, for appointing an all-white jury commission in a predominantly African-American county. The class members alleged that they were qualified for jury service but never summoned. They sought declaratory and injunctive relief declaring that the Alabama statute governing jury selection was unconstitutional and enjoining future enforcement of the statute. The Alabama statute provided that potential jurors should be “generally reputed to be honest and intelligent” and “esteemed in the community for their integrity, good character and sound judgment.” The district court held that the Jury Commission did not follow the Alabama statute and systematically discriminated in preparing jury lists. The court ordered a new list created in compliance with the Alabama statute and constitutional principles. The court declined to invalidate the statue or compel the Governor to appoint African-Americans to the jury commission. This case was heard on direct appeal. +" +TEST_0757,McKnight,Richardson,"Ronnie Lee McKnight, a prisoner at Tennessee's South Central Correctional Center (SCCC), filed suit, under 42 USC section 1983, against two prison guards after he was placed in extremely tight physical restraints. Previously, the SCCC's management had been privatized by the State. Ultimately, the prison guards, Darryl Richardson and John Walker, asserted a qualified immunity and moved to dismiss the action. The District Court denied the motion, finding that, since a private prison management firm employed them, they were not entitled to qualified immunity. The Court of Appeals affirmed. +" +TEST_0758,"Greene’s Energy Group, LLC",Oil States Energy Services LLC,"During hydraulic fracturing (known as “fracking”) procedures, fluid is pumped into oil and gas wells to stimulate production. However, the wellheads that sit on top of oil and gas wells are not designed to withstand continuous exposure to fracking fluids and can sustain significant damage as a result. In an attempt to address this issue, Stinger Wellhead Protection Inc., a subsidiary of Oil States Energy Services, first tried using a design described in Canadian Patent Application No. 2,195,118 (the ’118 Application) that relies on using hydraulic pressure first to push a “mandrel” into the wellhead through which the fracking fluid could be pumped without contacting the wellhead equipment. That method failed to sufficiently address the issue, so the Oil States subsidiary attempted a different method using a mechanical lockdown mechanism (described in Patent No. 6,179,053, or the ’053 Patent), rather than hydraulic pressure. In 2012, Oil States filed a patent infringement suit against Greene’s Energy Group, during the course of which litigation the district court found the ’053 Patent to be distinct from the ’118 Application using the “ordinary meaning” standard. Greene’s filed for inter partes review, which is a process used by the Patent and Trademark Office where one party asks the U.S. Patent Trial and Appeal Board to reconsider the PTO’s issuance of an existing patent and invalidate it on the ground that it was anticipated by prior art or obvious. Oil States challenges the practice of inter partes review as violating the constitutional right of patent owners to a jury and an Article III forum before having their patent invalidated.  +" +TEST_0759,Saudi Basic Industries Corporation,"Exxon Mobil Corporation, Exxon Chemical Arabia, Inc., and Mobil Yanbu Petrochemical Company, Inc.","Two subsidiaries of ExxonMobil formed joint ventures with Saudi Basic Industries Corp. (SABIC) to produce polyethylene in Saudi Arabia. When a dispute arose over the royalties SABIC had charged, SABIC sued the two subsidiaries in a Delaware state court, seeking a ruling that the royalties were proper. ExxonMobil countersued in federal district court, alleging SABIC had overcharged. Before the state-court trial, the district court denied SABIC's motion to dismiss the federal suit. As SABIC appealed, the Delaware court ruled for ExxonMobil. The Third Circuit held that as a result of of the state court judgment, the Rooker-Feldman doctrine barred the suit. That doctrine was an offshoot of the federal law giving the U.S. Supreme Court sole authority to modify and prohibiting a federal district court from exercising appellate jurisdiction. +" +TEST_0760,Northwest Indian Cemetery Protective Association,Lyng,"The United States Forest Service was considering building a paved roadway that would cut through the Chimney Rock area of the Six Rivers National Forest. It was also considering timber harvesting in the area. A study commissioned by the Forest Service reported that harvesting the Chimney Rock area would irreparably damage grounds that had historically been used by Native Americans to conduct religious rituals. After the Forest Service decided to construct a road, the Northwest Indian Cemetery Protective Association took action against Secretary of Agriculture Richard Lyng. +" +TEST_0761,Republic of Sudan,"Rick Harrison, et al.","Sailors and spouses of sailors injured in the 2000 bombing of the U.S.S. Cole in the Port of Aden, Yemen filed suit in 2010 in the U.S. District Court for the District of Columbia under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1130, 1602, et seq., alleging that Sudan had provided material support to al Qaeda, whom they alleged was responsible for the attack. In accordance with the plaintiffs’ request, the clerk of the court served the summons and complaint on Sudan by mailing the case documents to the Minister of Foreign Affairs of Sudan via the Sudanese Embassy in Washington, D.C., and received a return receipt. Sudan did not answer the complaint within the required time frame, and the clerk of the court therefore entered a default against Sudan. In 2012, the district court entered a default judgment against Sudan in the amount of approximately $314,000, and found that service had been proper. The clerk of the court mailed a copy of the default judgement to the Minister of Foreign Affairs of Sudan via the Sudanese Embassy in Washington, D.C., and received confirmation that it had been delivered.  +The judgment was registered in the U.S. District Court for the Southern District of New York, which in late 2013 and early 2014 issued three turnover orders directing particular banks to turn over assets of Sudan to the plaintiffs. After the third turnover order was issued, Sudan filed a notice of appearance, and on the same day, appealed the turnover orders to the Second Circuit. The appeals court affirmed the orders, holding that service of process had been proper under FSIA. In 2015, Sudan sought a rehearing en banc, and the United States filed an amicus brief in support of the petition. The Second Circuit denied Sudan’s request for a rehearing en banc. +" +TEST_0762,Lynchburg College,Edelman,"Title VII of the Civil Rights Act of 1964 requires that a charge of employment discrimination be filed with the Equal Employment Opportunity Commission (EEOC) ""within [a specified number of] days after the alleged unlawful employment practice occurred."" An EEOC regulation permits an otherwise timely filer to verify a charge after the time for filing has expired. In November 1997, Leonard Edelman faxed a letter to the EEOC, claiming that Lynchburg College had subjected him to gender-based, national origin, and religious discrimination after it denied him tenure. The EEOC informed Edelman of the 300-day time limit and sent him a Form 5 Charge of Discrimination, which he returned 313 days after he was denied tenure. The District Court dismissed the Title VII complaint, finding that the letter was not a charge under Title VII because neither Edelman nor the EEOC treated it as one. In affirming, the Court of Appeals concluded that because a charge requires verification and must be filed within the limitations period, it follows that a charge must be verified within that period. +" +TEST_0763,"Leo P. Martinez, et al.","Christian Legal Society Chapter of the University of California, Hastings College of the Law, aka Hastings Christian Fellowship","The Christian Legal Society Chapter of the University of California, Hastings College of Law (CLS) filed suit against the university in a California federal district for violating its First Amendment rights. The Hastings College of Law failed to recognize the CLS as an official student organization because state law requires all registered student organizations to allow ""any student to participate, become a member, or seek leadership positions, regardless of their status or beliefs."" In contrast, CLS requires its members to attest in writing that ""I believe in: The Bible as the inspired word of God; The Deity of our Lord, Jesus Christ, God's son; The vicarious death of Jesus Christ for our sins; His bodily resurrection and His personal return; The presence and power of the Holy Spirit in the work of regeneration; [and] Jesus Christ, God's son, is Lord of my life."" The district court dismissed the case. +On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed, holding that the school's conditions on recognizing student groups were viewpoint neutral and reasonable. Therefore, the school's conditions did not violate the CLS's First Amendment rights. +" +TEST_0764,United States,Matthew Wayne Tome ,"Matthew Wayne Tome was charged with sexually abusing his daughter, who was four years old at the time of the alleged crime. Tome and the child’s mother were divorced and Tome had primary physical custody of the child, but the mother was awarded custody in 1990. The prosecution argued that the sexual abuse occurred while the child was with Tome, but was not discovered until the child spent vacation time with her mother. Tome argued that the allegations were fabricated to keep the child from being returned to him. The prosecution produced six witnesses who testified to verify the out of court statements made by the child. The out of court statements were all made after the motive to fabricate would have arisen. The district court admitted the statements into evidence under Federal Rule of Evidence 801(d)(1)(B), which state that prior statements of a witness are not hearsay is they are consistent with the witness’ testimony and are offered to rebut a charge of “recent fabrication or improper influence of motive.” Tome was convicted. On appeal, the U.S. Court of Appeals for the 10th Circuit affirmed, holding that the proper test was to weigh the probative value against their prejudicial effect, not whether statements were made before or after the motive to fabricate arose. +" +TEST_0765,Ford Motor Company,Julian Vell,"Julian Vella, a seaman on the SS Robert MacNamara, suffered a severe head injury while doing a repair on the ship. This caused damage to Vella’s inner ear, making it difficult for him to balance. Doctors ruled the condition permanent and incurable. A jury awarded Vella maintenance and cure for his injury. The district court denied the ship owner’s motion for judgment notwithstanding the verdict. The ship owner argued that because the injury was permanent, maintenance and cure was not permissible. The appellate court reversed. +" +TEST_0766,"Shirley and Larry McQuillan, dba Sorboturf Enterprises",Spectrum Sports Inc. and Kenneth B. Leighton ,"Shirley and Larry McQuillan were the southwest distributors for products made with sorbothane, a patented elastic polymer. They had an agreement with the manufacturer to be one of five regional distributors. Gradually, the manufacturer began to take away the McQuillan’s right to distribute certain types of products, eventually revoking their rights altogether. The manufacturer only allowed one national distributor, Spectrum Sports, Inc., which was co-owned by the president of the manufacturer’s son. When the McQuillan’s business failed, they sued Spectrum for violations of the Sherman Act. The Sherman Act makes it a felony to monopolize, attempt to monopolize, or conspire to monopolize any part of the interstate commerce. +The district court instructed the jury to infer specific intent and dangerous probability of monopolization if they found that Spectrum engaged in predatory conduct. The jury found Spectrum guilty. The U.S. Court of Appeals for the Ninth Circuit affirmed, holding that there was enough evidence to show specific intent and a dangerous probability of monopolization even if the jury only considered Spectrum’s predatory conduct. +" +TEST_0767,"Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division",Thomas Joe Miller-El,"Miller-El alleged the prosecution in his capital murder trial violated the 14th Amendment's equal protection clause by excluding 10 of 11 blacks from the jury. The jury convicted Miller-El and he was sentenced to death. State courts rejected Miller-El's appeals and ruled Miller-El failed to meet the requirements for proving jury-selection discrimination outlined by the U.S. Supreme Court in Batson v. Kentucky (1986). Miller-El then appealed to a federal district court. The district court rejected Miller-El's appeal and ruled the court must defer to the state courts' acceptance of prosecutors' race-neutral justifications for striking potential jurors. The Fifth Circuit Court of Appeals affirmed and ruled a federal court could only grant an appeal if the applicant made a substantial showing of the denial of a constitutional right. +Miller-El appealed to the U.S. Supreme Court and in Miller-El v. Cockrell (2003) the Court ruled the Fifth Circuit should have accepted Miller- El's appeal to review the district court's ruling. The Supreme Court said an appeal should have been granted if the petitioner could demonstrate reasonable jurists could disagree with the district court's decision. The Court said the district court did not give full consideration to the substantial evidence Miller-El presented. The Fifth Circuit reconsidered Miller-El's appeal and ruled Miller-El failed to show clear and convincing evidence that the state court was wrong to find no purposeful discrimination. +" +TEST_0768,"Edward F. Maracich, Martha L. Weeks, and John C. Tanner, individually and on behalf of all other similarly situated individuals","Michael Eugene Spears; Michael Spears, PA; Gedney Main Howe III; Gedney Main Howe III, PA; Richard A. Harpootlian; Richard A. Harpootlian, PA; A. Camden Lewis; Lewis & Babock, LLP","Michael Eugene Spears and three other lawyers instituted several ""group action"" lawsuits against several South Carolina car dealerships for allegedly collecting unlawful fees from car buyers. The lawyers obtained the personal information of thousands of car buyers from the South Carolina Department of Motor Vehicles through a Freedom of Information Act request. The lawyers used this data to identify potential plaintiffs for the group action, and sent mailings to each of those plaintiffs notifying them of the litigation. +Edward F. Maracich and two other car buyers who received mailings, individually and on behalf of all similarly situated individuals, sued the lawyers. The buyers alleged that the lawyers violated the Driver's Privacy Protection Act (DPPA) by obtaining their personal information for purposes of mass solicitation. The lawyers argued that they acted properly under the litigation exception to the DPPA. The DPPA allows disclosure of private information in connection with any state or federal litigation. The district court granted summary judgment in favor of the lawyers, holding that they did not engage in prohibited solicitation. The U.S. Court of Appeals for the Fourth Circuit affirmed, holding that the lawyers did engage in solicitation, but their actions were within the litigation exception to the DPPA. +" +TEST_0769,Board of Education or Kiryas Joel Village School District,Grumet,"In 1989, the New York legislature passed a school districting law that intentionally drew its boundaries in accordance with the boundaries of the Village of Kiryas Joel, a religious enclave of Satmar Hasidim who practice a strict form of Judaism. Shortly before the new district commenced operations, the taxpayers and the association of state school boards embarked on a lawsuit claiming that the statute created a school district that limited access only to residents of Kiryas Joel. +" +TEST_0770,United States,John Clyde Abel,"In 1981, John Abel was indicted for robbing a bank in California. During Abel’s trial, the prosecution called one of his accomplices, Kurt Ehle, to testify that Abel had participated in the robbery. To counter Ehle’s testimony, Abel called a mutual friend, Robert Mills, to the stand. Mills, Abel, and Ehle knew each other from the time they spent in prison together and their involvement in a prison gang, the Aryan Brotherhood. Mills testified that, in prison, Ehle had talked about his plans to rob the bank and blame it on Abel. To discredit Mills, the prosecution re-called Ehle to the stand to expose the three men’s involvement in the Brotherhood and the gang’s strict code of protection, which required members to lie, cheat, steal, and kill to protect a fellow member. Ehle testified that this code of conduct explained why Mills testified in defense of Abel. Abel’s counsel argued that this testimony was irrelevant, but the district court allowed it into evidence because the probative value of the evidence outweighed any prejudicial effect it may have on Abel. Abel lost and appealed to the U.S. Court of Appeals for the Ninth Circuit, which reversed because admitting evidence that Mills belonged to a perjurious organization, to suggest he was committing perjury this time, unfairly prejudiced him by association absent any evidence of his individual willingness to lie.  +" +TEST_0771,United States of America,Jamar Alonzo Quarles,"Jamar Quarles was charged with being a felon in possession of a firearm, in violation of 18 U.S.C § 922(g). At his original sentencing, the district court held that Quarles’s conviction for third-degree home invasion was a violent felony under the residual clause of the Armed Career Criminal Act (“ACCA”) but declined to rule whether the offense constituted generic burglary. Finding the felon-in-possession conviction to be a third offense under the ACCA, the court sentenced Quarles to 204 months in prison. In light of the US Supreme Court’s decision in Johnson v. United States, 576 U.S. __ (2015), in which it held unconstitutionally vague the residual clause of the ACCA, the US Court of Appeals for the Sixth Circuit remanded the case for resentencing. The district court found that Michigan’s crime of third-degree home invasion constituted a “violent felony” under the ACCA and resentenced Quarles to 204 months’ incarceration. +Under federal law, a generic burglary is “an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.” Michigan law defines the crime of third-degree home invasion as breaking and entering a dwelling with intent to commit a misdemeanor in the dwelling, entering the dwelling without permission with intent to commit a misdemeanor in the dwelling, or breaking and entering a dwelling and while entering or present in the dwelling, committing a misdemeanor. This third option of intent is the subject of the present dispute. Both the district court and the Sixth Circuit found unpersuasive Quarles’s argument that the Michigan crime lacks the intent-upon-entry element that is required under generic burglary. Under binding Sixth Circuit precedent, generic burglary does not require intent at entry, so the Michigan crime of third-degree home invasion is not broader than the crime of generic burglary. +" +TEST_0772,"Rick Harrison, et al.",Republic of Sudan,"Sailors and spouses of sailors injured in the 2000 bombing of the U.S.S. Cole in the Port of Aden, Yemen filed suit in 2010 in the U.S. District Court for the District of Columbia under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1130, 1602, et seq., alleging that Sudan had provided material support to al Qaeda, whom they alleged was responsible for the attack. In accordance with the plaintiffs’ request, the clerk of the court served the summons and complaint on Sudan by mailing the case documents to the Minister of Foreign Affairs of Sudan via the Sudanese Embassy in Washington, D.C., and received a return receipt. Sudan did not answer the complaint within the required time frame, and the clerk of the court therefore entered a default against Sudan. In 2012, the district court entered a default judgment against Sudan in the amount of approximately $314,000, and found that service had been proper. The clerk of the court mailed a copy of the default judgement to the Minister of Foreign Affairs of Sudan via the Sudanese Embassy in Washington, D.C., and received confirmation that it had been delivered.  +The judgment was registered in the U.S. District Court for the Southern District of New York, which in late 2013 and early 2014 issued three turnover orders directing particular banks to turn over assets of Sudan to the plaintiffs. After the third turnover order was issued, Sudan filed a notice of appearance, and on the same day, appealed the turnover orders to the Second Circuit. The appeals court affirmed the orders, holding that service of process had been proper under FSIA. In 2015, Sudan sought a rehearing en banc, and the United States filed an amicus brief in support of the petition. The Second Circuit denied Sudan’s request for a rehearing en banc. +" +TEST_0773,Donald Curtis Samson,California,"A police officer stopped and searched Samson on the street in San Bruno, California. The officer had no warrant and later admitted he had stopped Samson only because he knew him to be on parole. The officer found that Samson was in possession of methamphetamines. Samson was arrested and charged with drug possession in state court. At trial Samson argued the drugs were inadmissible as evidence, because the search had violated his Fourth Amendment rights. The trial court denied the motion and the state supreme court declined to hear the case. +" +TEST_0774,Alberto Leon,United States,"The exclusionary rule requires that evidence illegally seized must be excluded from criminal trials. Leon was the target of police surveillance based on an anonymous informant's tip. The police applied to a judge for a search warrant of Leon's home based on the evidence from their surveillance. A judge issued the warrant and the police recovered large quantities of illegal drugs. Leon was indicted for violating federal drug laws. A judge concluded that the affidavit for the search warrant was insufficient; it did not establish the probable cause necessary to issue the warrant. Thus, the evidence obtained under the warrant could not be introduced at Leon's trial. +" +TEST_0775,Amoco Production Company,Southern Ute Indian Tribe,"Land patents issued pursuant to the Coal Lands Acts of 1909 and 1910 (the Acts) reserve all rights to the coal contained in the subject properties to the United States. The Southern Ute Indian Tribe has equitable title to coal within its reservation lands. These lands contain large quantities of coalbed methane gas (CBM gas), now considered a valuable energy source, within the coal formations. In 1981, the Department of the Interior issued an opinion that concluded that the reservation of coal under the Acts did not encompass CBM gas. Energy companies then entered into leases with landowners holding title under the Acts to produce CBM gas. The Tribe field suit against the Amoco Production Company and others, royalty owners and producers under the oil and gas leases covering that land, and various federal entities, seeking a declaration stating CBM gas to be coal reserved by the Acts and therefore belonging to the Tribe. The District Court disagreed and concluded that the plain meaning of the term ""coal"" was limited to the solid rock substance and did not include the CBM gas. In reversing, the Court of Appeals held that the Acts' use of the term ""coal"" was ambiguous, and ambiguities in land grants must be resolved in favor of the sovereign. Therefore, the Acts' reservation of coal included the CBM gas. +" +TEST_0776,Gibson,West,"In 1991, Congress amended Title VII of the Civil Rights Act of 1964 to permit victims of intentional employment discrimination, whether within the private sector or the federal government, to recover compensatory damages. Thereafter, Michael Gibson filed a complaint with the Department of Veterans Affairs, alleging that the Department had discriminated against him by denying him a promotion on the basis of his gender. The Department found against Gibson. Afterwards, however, the Equal Employment Opportunity Commission (EEOC) awarded Gibson the promotion plus backpay. Later Gibson filed suit, in the District Court, seeking compensatory damages and a court order for the Department to comply with the EEOC's order. Subsequently, the Department voluntarily complied with the EEOC's order, but it opposed Gibson's claim for compensatory damages. Ultimately, the District Court dismissed Gibson's complaint. On appeal, the Department supported the District Court's dismissal with the argument that Gibson had failed to exhaust his administrative remedies in respect to his compensatory damages claim; therefore, he could not bring that claim in court. In reversing, the Court of Appeals rejected the Department's argument. The court viewed the EEOC as lacking the legal power necessary to award compensatory damages. Consequently, there was no administrative remedy to exhaust. +" +TEST_0777,Christopher Batterton,The Dutra Group,"Respondent Christopher Batterton was a deckhand on a vessel owned and operated by the the petitioner, Dutra Group. While Batterton was working on the vessel, a hatch cover blew open and crushed his hand. The hatch cover blew open because the vessel lacked a particular exhaust mechanism, the lack of which made the vessel unseaworthy as a matter of law. +The district court denied Dutra Group’s motion to strike the claim for punitive damages, and the US Court of Appeals for the Ninth Circuit affirmed.  +In Evich v. Morris, 819 F.2d 256 (9th Cir. 1987), the Ninth Circuit held that “punitive damages are available under general maritime law for claims of unseaworthiness,” as distinguished from Jones Act claims, where punitive damages are unavailable. Dutra Group argues that Evich is implicitly overruled by the US Supreme Court’s decision in Miles v. Apex Marine Corp., 498 U.S. 19 (1990), which holds that loss of society damages are unavailable in a general maritime action for wrongful death and lost future earnings are unavailable in a general maritime survival action. +The Ninth Circuit found unpersuasive Dutra Group’s argument, finding that the Court in Miles considered only damages for loss of society and of future earnings, not punitive damages. While Miles does limit recovery for “pecuniary loss,” punitive damages are not “pecuniary loss,” which means simply loss of money. Thus, Miles left undisturbed the Ninth Circuit’s opinion in Evich. +" +TEST_0778,Wiggins,Smith,"Kevin Wiggins was convicted and sentenced to death for a 1988 murder. He appealed, claiming that his attorney's decision not to tell jurors about Wiggins' troubled childhood amounted to ineffective counsel because it resulted in a harsher sentence. Prosecutors countered that the attorney's decision had been carefully considered, and that a different decision would not necessarily have resulted in a different outcome. Therefore, they said, it was not ineffective counsel. A Maryland district court sided with Wiggins; the Maryland Supreme Court reversed, siding with the state. On appeal to federal court, the 4th Circuit Court of Appeals affirmed, ruling for Maryland. +" +TEST_0779,"Lou V. Brewer, Warden of the Iowa State Penitentiary",Robert Anthony Williams aka Anthony Erthel Williams,"Robert Williams escaped from a mental hospital and lived at the Des Moines YMCA. Soon thereafter, a 10-year-old girl disappeared from the YMCA while at her brother’s wrestling match. A boy in the parking lot saw Williams carrying a large bundle to his car with two “skinny and white” legs in it. The next day, police found Williams’ abandoned car about 160 miles east of Des Moines. Williams soon turned himself in to police in Davenport, Iowa. Williams said he would tell police the whole story once he saw his lawyer in Des Moines. Williams spoke with a local attorney and reiterated his intention to confess when he saw his attorney in Des Moines. Davenport police promised not to question Williams during the drive to Des Moines. During the drive, however, the detective, knowing that Williams was deeply religious, told Williams that the girl’s family wanted to give her a “Christian burial” and suggested that they stop to locate the body. As a result of the officer's pointed statements, Williams made incriminating statements and ultimately led police to the girl’s body. He was indicted for first-degree murder. +At trial, Williams moved to suppress all evidence relating to the car ride conversation, arguing that the questioning violated Williams’ Sixth Amendment right to counsel. The judge denied the motion, and a jury found Williams guilty. The Iowa Supreme Court affirmed the conviction. Williams petitioned for a writ of habeas corpus in the U.S. District Court for the Southern District of Iowa. The court granted the writ, finding that speaking to Williams during the drive violated his right to counsel, and the evidence in question was wrongly admitted at trial. The U.S. Court of Appeals for the Eighth Circuit affirmed. +" +TEST_0780,"The City of Los Angeles, the Harbor Department of the City of Los Angeles, and the Board of Harbor Commissioners of the City of Los Angeles","American Trucking Associations, Inc.","In 1997, the Port of Los Angeles (""the Port"") introduced a plan to expand its cargo terminals to better accommodate its high shipping volume. Following public concern that the plan could significantly increase air pollution, the Board of Harbor Commissioners adopted a Clean Air Action Plan (""CAAP""). The CAAP aimed to reduce emissions and specifically targeted the Port's drayage truck business. Roughly 16,000 drayage trucks regularly serve the Port, transporting goods between customers and the cargo terminals. Beginning in 2008, the CAAP banned drayage trucks from the Port, unless the carriers entered into a series of concession agreements. These agreements imposed a progressive ban on older trucks and provided incentives for drayage truck operators to convert their aging fleets to cleaner trucks. +American Trucking Associations (""ATA""), a national association of motor carriers, challenged several provisions within the concession agreements and brought suit against the City of Los Angeles and its Harbor Department. ATA argued that the Federal Aviation Administration Authorization Act (""FAAA"") preempted the agreements. The FAAA Act prohibits a state from enacting any regulation related to the ""price, route, or service of any motor carrier."" ATA claimed that the concession agreements amounted to such a regulation. ATA further argued that the State could not limit a federally licensed motor carrier's access to a port. +The district court disagreed with ATA and held that none of the provisions were preempted; ATA appealed. The United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part. The appellate court determined that when the Port was acting as a market participant, rather than a market regulator, the FAAA Act did not apply. ATA appealed to the Supreme Court of the United States, which granted certiorari limited to the two questions below. +" +TEST_0781,United States,Bradley Thomas Jacobsen and Donna Marie Jacobsen,"On May 1, 1981, pursuant to company procedure, employees at the FedEx office at the Minneapolis-St. Paul Airport opened a package that had been damaged by a forklift. The package was an ordinary-looking cardboard box wrapped in brown paper. Inside, they found a tube that contained four plastic bags inside one another, and the innermost bag contained a white substance. They notified the Drug Enforcement Administration (DEA) and replaced the contents of the box. When the DEA agents arrived, they removed a small amount of the white powder to conduct a field test that determined the powder was cocaine. The DEA agents obtained a warrant for the address on the package and searched the location, where they arrested Bradley Thomas Jacobsen and Donna Marie Jacobsen for possession of an illegal substance with intent to distribute. +After they were indicted, the respondents filed a motion to suppress the evidence on the grounds that the warrant was the product of an illegal search. The motion was denied, and the defendants were tried and convicted in district court. The United States Court of Appeals for the Eighth Circuit reversed the decision and held that the warrant was the product of the test of the powder, for which a warrant was required. +" +TEST_0782,Federal Communications Commission,Pacifica Foundation,"During a mid-afternoon weekly broadcast, a New York radio station aired George Carlin's monologue, ""Filthy Words."" Carlin spoke of the words that could not be said on the public airwaves. His list included shit, piss, fuck, cunt, cocksucker, motherfucker, and tits. The station warned listeners that the monologue included ""sensitive language which might be regarded as offensive to some."" The FCC received a complaint from a man who stated that he had heard the broadcast while driving with his young son. +" +TEST_0783,"Bank of America Corp., et al.",Ellen Gelboim,"The London Interbank Offer Rate (LIBOR) is a daily interest rate benchmark that is used to help set the interest rate of financial transactions across the globe. Between August 2007 and May 2010, it has been alleged that the LIBOR rate was artificially manipulated downward by a number of colluding financial institutions. Ellen Gelboim was one of many parties to file individual suits against these financial institutions. Given the large number of cases, Gelboim's case was consolidated with a number of other similar cases for pre-trial purposes. During this pre-trial phase, the district court dismissed a number of the cases, including Gelboim's, for failure to state a claim. Gelboim sought to appeal the dismissal, however the U.S. Court of Appeals for the Second Circuit dismissed Gelboim's appeal and held that it lacked jurisdiction over the appeal because the district court had not entered a final order concerning all the claims in the consolidated action. +" +TEST_0784,"Peg Bouaphakeo, individually and on behalf of all others similarly situated, et al.","Tyson Foods, Inc.","Peg Bouaphakeo and the rest of the plaintiff class are current and former employees of Tyson Foods, Inc. (Tyson) at the company’s meat-processing facility in Storm Lake, Iowa. The employees worked on a “gang-time” system, which means they were paid only for time they were at their working stations and the production line was moving. The employees sued Tyson and argued that the company violated the Fair Labor Standards Act of 1938 and the Iowa Wage Payment Collection Law by not paying appropriate compensation for the time spent putting on and taking off protective clothing at the beginning and end of the work day and lunch break. The district court certified the class, and the jury returned a verdict in favor of the plaintiffs and awarded damages of several million dollars. +Tyson appealed and argued that the district court erred in certifying the plaintiff class because factual differences among the plaintiffs made class certification improper. Tyson also argued that the class should be decertified because evidence presented at trial showed that some members of the class were not injured by the company’s actions and therefore had no right to damages. The U.S. Court of Appeals for the Eighth Circuit affirmed the district court’s certification of the plaintiff class. +" +TEST_0785,Griffin,Wisconsin,"Joseph Griffin, who had previously been convicted of a felony, was convicted in a Wisconsin state court of disorderly conduct, resisting arrest, and obstruction of an officer. He was put on probation. According to Wisconsin law, probationers are in the legal custody of the State Department of Health and Social services and must abide by that department’s rules and regulations of the department. One of the regulations permits the probation officer to search the probationer’s home without a warrant as long as there are “reasonable grounds” to believe illegal substances are in the premises. These grounds include: information provided by an informant, the reliability of that information and the informant, and the officer’s own experience with the probationer. +Griffin’s probation officer received information from a detective that there might be guns in Griffin’s apartment. When the police searched Griffin’s apartment, they found a handgun and Griffin was charged with the felony of possession of a firearm by a convicted felon. Griffin moved to suppress the evidence obtained in the search. The trial court denied the motion and Griffin was convicted. Griffin appealed on the grounds that the evidence from the search violated the Fourth Amendment. The Wisconsin Court of Appeals and the Wisconsin Supreme Court affirmed the conviction. +  +" +TEST_0786,"New Yorker Magazine, Inc.",Masson,"After Jeffrey Masson was fired from his position at the Sigmund Freud Archives, Janet Malcolm interviewed him for an article in the New Yorker magazine. Malcolm_s article included many long direct quotations from Masson. The article presented Masson as extremely arrogant and condescending; at one point, he was quoted as calling himself ""the greatest analyst who ever lived."" However, Malcolm fabricated many of the more distasteful quotations. Masson sued for libel. The District Court dismissed the case on First Amendment free speech grounds because Masson was a public figure. +" +TEST_0787,Mississippi,Robert S. Minnick ,"Robert S. Minnick and James Dyess escaped from the Clark County Jail. The next day, they broke into a mobile home to search for weapons. While in the home, the owner returned with a friend and the friend’s infant son. Minnick and Dyess shot and killed the two adults and tied up two young women who arrived later. Minnick and Dyess fled to Mexico, but after a falling out, Minnick went to California alone where police arrested him on a warrant for the Mississippi murders. +After the arrest, two FBI officers came to interview Minnick at the San Diego Jail. Minnick refused, asking the officers to “Come back Monday when I have a lawyer.” Minnick did meet with an appointed lawyer on two or three occasions. The next Monday, the deputy sheriff of Clark County came to question Minnick. Prison officials told Minnick he “could not refuse” to speak to the sheriff. The deputy sheriff advised Minnick of his rights and Minnick refused to sign a waiver form. Minnick then confessed to one of the murders, saying that Dyess forced him to shoot. At trial, Minnick moved to suppress those statements, but the court denied the motion, reasoning that Edwards v Arizona only required counsel to be made available to an accused. Minnick argued that he was entitled to have counsel present at all questioning. The jury found Minnick guilty of capital murder and sentenced him to death. The Supreme Court of Mississippi affirmed, holding that Minnick’s Fifth Amendment right to counsel was satisfied because he had met with counsel. +" +TEST_0788,"Women's Health Center, Inc., et al.",Madsen et al.,"Women's Health Center Inc. operated several abortion clinics throughout central Florida, including the Aware Woman Center for Choice in Melbourne, Florida. In 1992, in response to anti-abortion protesters, a state court prohibited the protesters from physically abusing those entering or exiting the clinic, or otherwise interfering with access to the clinic. About 6 months later, Women's Health Center Inc. expressed a need to broaden the court order. The state court agreed, banning demonstrators from entering a 36-foot buffer-zone around the clinic, making excessive noise, using images visible to patients, approaching patients within a 300-foot radius of the clinic, and protesting within a 300-foot radius of staff residences. Petitioner Judy Madsen and her fellow protesters claimed that these restrictions violated their First Amendment right to free speech, but the Florida Supreme Court disagreed, upholding the court order. +" +TEST_0789,"Michael Hartman, Frank Kormann, Pierce McIntosh, Norman Robbins, and Robert Edwards","William G. Moore, Jr.","William Moore sued six postal inspectors in federal court, alleging that they had brought criminal charges against him in retaliation for lobbying efforts he undertook on behalf of his company. The inspectors claimed that they had qualified immunity (that is, because they filed the charges in their official capacity on good faith, they could not be sued) and also that the case should be dismissed because they had probable cause to charge Moore. The district court sided with Moore, and the Court of Appeals for the District of Columbia agreed, finding that, even with probable cause, they must show that that the prosecution was not motivated by a desire for retaliation. +" +TEST_0790,Iris Mena,"Darin L. Muehler, et al.","Police detained Mena and others in handcuffs while they searched the house they occupied. During the detention they asked Mena about her immigration status. The police had a search warrant to search the premises for deadly weapons and evidence of gang membership. Mena sued the officers in federal district court for violating her Fourth Amendment right to be free from unreasonable seizure. The district court ruled for Mena. The Ninth Circuit affirmed, holding that using handcuffs to detain Mena during the search violated the Fourth Amendment and that the officers' questioning of Mena about her immigration status also violated the Fourth Amendment. +" +TEST_0791,"E. K. McDaniel, Warden, et al.",Troy Brown,"On January 29, 1994, around 1:00 a.m., nine-year-old Jane Doe was raped in the bedroom of her trailer in Carlin, Nevada. Troy Brown and his brother Travis lived in the same trailer park as Jane Doe. Their brother Trent and his wife lived in a trailer across the street from Jane Doe's trailer. Both Troy and Trent were acquainted with Jane Doe's family, but Jane did not know Travis. +That night, Troy drank at least ten shots of vodka followed by beer chasers; he was so drunk that he vomited on himself after leaving a bar at 12:15 a.m. Two witnesses saw a man stumbling between the Browns' trailer and that of Jane Doe's family around 1:00 a.m. Jane Doe called her mother to report the rape at approximately 1:00 a.m.; according to Troy, he returned to his trailer from the bar at approximately 1:30 a.m, theoretically giving him enough time to assault Jane Doe. +Troy Brown was arrested and charged with two counts of sexual assault on a child, attempted murder, and abuse and neglect of a child resulting in substantial mental harm. +There was a large amount of conflicting evidence drawn from Jane Doe's testimony and from the crime scene itself. Most relevantly, the state's expert tested semen taken from Jane Doe's underwear. She determined that the DNA matched Troy's and testified that the probability it belonged to another person from the general population was 1 in 3,000,000. Troy Brown's family tested the semen independently and found a random match probability of 1 in 10,000, but this was not introduced into evidence at trial. The jury found Troy Brown guilty of sexual assault and abuse and neglect of a child and sentenced him to life in prison with the possibility of parole after 10 years. +On appeal, Brown argued that double jeopardy barred the duplication of sexual assault charges, that the DNA evidence was improperly admitted, and that the evidence was insufficient to sustain his conviction. The Nevada Supreme Court vacated the charge for abuse and neglect and remanded to the trial court for sentencing. The trial court again sentenced Brown to life in prison. His petition for post-conviction relief was denied. +On appeal to the district court, Brown claimed that the state's evidence was legally insufficient to prove his guilt beyond a reasonable doubt, using the habeas corpus review developed by the Court in Jackson v. Virginia. Brown submitted a report prepared by Laurence Mueller, a professor in ecology and evolutionary biology (""Mueller report""). The Mueller Report suggested that the prosecution's random match probability gave an improper impression that the likelihood of Troy Brown's innocence was also 1 in 3,000,000. It also questioned the state expert's testimony on the probability that one of Troy Brown's brothers would match the DNA sample, arguing that the likelihood of a match to one of Troy's brothers was as high as 1 in 66. The district court supplemented the record with the Mueller Report, as it was not presented to any state court. +The district court then set aside the state's DNA testimony as unreliable and held that no rational jury could find guilt beyond a reasonable doubt. The U.S. Court of Appeals, Ninth Circuit, affirmed the district court's ruling in a divided decision. It held that the district court did not abuse its discretion by supplementing the record with the Mueller report and that the admission of the state's DNA evidence was a due process violation and a violation of federal law. +" +TEST_0792,Robert Douglas Smith,"Terry L. Stewart, Director, Arizona Department of Corrections","Robert Smith was convicted of first-degree murder and sentenced to death. Smith filed a series of petitions for state postconviction relief, alleging that his trial and appellate counsel were ineffective. The Superior Court denied Smith's claims, finding them waived under Arizona Rule 32.2(a)(3) because he failed to raise them in his previous Rule 32 petitions. The court rejected Smith's argument that his failure to raise these claims was also due to ineffective assistance because his prior appellate and Rule 32 counsel, who are members of the Arizona Public Defender's office, refused to file ineffective assistance of counsel claims because his trial counsel was also a member of the Public Defender's office. The Federal District Court held that Smith's claim was barred by the lower court's procedural ruling. In reversing, the Court of Appeals held that the state procedural default was not independent of federal law and thus did not bar federal review of the merits of Smith's claim. The appellate court reasoned that Arizona Rule 32.2(a)(3) applies a different standard for waiver depending on whether the claim asserted in a Rule 32 petition was of sufficient constitutional magnitude and that determination whether a claim is of sufficient magnitude required consideration of the merits of the claim.  +" +TEST_0793,National Railroad Passenger Corporation,Morgan,"Under Title VII of the Civil Rights Act of 1964, a plaintiff shall file an employment discrimination charge with the Equal Employment Opportunity Commission (EEOC) either 180 or 300 days after an alleged unlawful employment practice occurred. Abner Morgan filed a charge of discrimination and retaliation with the EEOC against National Railroad Passenger Corporation (Amtrak), alleging that he had been subjected to discrete discriminatory and retaliatory acts and had experienced a racially hostile work environment throughout his employment. The EEOC issued a ""Notice of Right to Sue."" While some of the allegedly discriminatory acts occurred within 300 days of the time that Morgan filed his EEOC charge, many took place prior to that period. The District Court granted Amtrak summary judgment in part, holding that the company could not be liable for conduct occurring outside of the 300-day filing period. In reversing, the Court of Appeals held that a plaintiff may sue on claims that would ordinarily be time-barred so long as they either are sufficiently related to incidents that fall within the statutory period or are part of a systematic policy or practice of discrimination that took place, at least in part, within the period. +" +TEST_0794,"Wisconsin Right to Life, Inc.",Federal Election Commission,"The Bipartisan Campaign Reform Act of 2002 (BCRA) prohibits corporate funds from being used for certain political advertisements in the 60-day period prior to an election. Wisconsin Right to Life (WRTL) ran a series of television advertisements encouraging viewers to contact two U.S. Senators and tell them to oppose judicial filibusters. WRTL anticipated that the ads would probably run afoul of BCRA and sued the Federal Election Commission (FEC), seeking an order barring the FEC from enforcing BCRA against the ads. WRTL's suit alleged that BCRA is unconstitutional as it applies to the ads, which it claimed are ""grassroots lobbying advertisements"" unrelated to electoral campaigning. The FEC argued that the Supreme Court in McConnell v. Federal Election Commission (2003) had ruled out all ""as-applied"" challenges to BCRA. The U.S. District Court for D.C. agreed and denied WRTL's motion. +" +TEST_0795,Food and Drug Administration,Brown & Williamson Tobacco Corporation,"The Food, Drug, and Cosmetic Act (FDCA) grants the Food and Drug Administration (FDA) the authority to regulate, among other items, ""drugs"" and ""devices."" In 1996, the FDA asserted jurisdiction to regulate tobacco products, concluding that, under the FDCA, nicotine is a ""drug"" and cigarettes and smokeless tobacco are ""devices"" that deliver nicotine to the body. Accordingly, the FDA promulgated regulations governing tobacco products' promotion, labeling, and accessibility to children and adolescents. Brown & Williamson Tobacco Corporation, and a group of tobacco manufacturers, retailers, and advertisers, filed suit challenging the FDA's regulations. Brown moved for summary judgement on the ground that the FDA lacked the jurisdiction to regulate tobacco products as customarily marketed, or without manufacturer claims of therapeutic benefit. The District Court ruled that the FDA had jurisdiction over tobacco as a device, but that the agency had overstepped its authority in attempting to restrict tobacco advertising. In reversing, the Court of Appeals held that Congress had not granted the FDA jurisdiction to regulate tobacco products. The court found that the FDA's definition of tobacco as a device was flawed because the agency could not prove that the impact of tobacco products on the body was ""intended"" under the act. +" +TEST_0796,Florencio Rosales-Mireles,United States of America,"Florencio Rosales-Mireles pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(2). His total criminal-history score was calculated according to the US Sentencing Guidelines Manual, but when calculating the criminal-history score, the probation officer erroneously counted a 2009 Texas conviction of misdemeanor assault twice. His total criminal-history score, combined with other factors, led a sentence of 78 months of imprisonment and a three-year term of supervised release. Rosales-Mireles did not object to the sentence after it was imposed. +The Fifth Circuit found that Rosales-Mireles met the three prongs necessary to meet the plain error standard. However, if all three prongs are met, the court has the discretion to remedy the plain error if the error “seriously affects the fairness, integrity or public reputation of judicial proceedings.” The court declined to exercise its discretion in this case and therefore affirmed the judgment of sentence. +" +TEST_0797,"Marciano Plata, et al.","Edmund G. Brown, Jr., Governor of California, et al.","The Prison Law Office in Berkeley, Calif., filed a class-action lawsuit in April 2001 on behalf of Marciano Plata and several other prisoners, alleging that California prisons were in violation of the Eighth Amendment to the Constitution, which bans ""cruel and unusual punishment."" Following a lengthy trial, a special panel of three federal judges determined that serious overcrowding in California's 33 prisons was the ""primary cause"" for violations of the Eighth Amendment. The court ordered the release of enough prisoners so the inmate population would come within 137.5 percent of the prisons' total design capacity. That amounts to between 38,000 and 46,000 inmates being released. +" +TEST_0798,"Jesus C. Hernandez, et al.","Jesus Mesa, Jr.","On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was playing with friends on the cement culvert of the Rio Grande that separates El Paso, Texas from Juarez, Mexico. Hernandez and his friends took turns running up the incline of the culvert to touch the barbed-wire fence on the U.S. side of it and then running back down the incline to the Mexican side. Jesus Mesa, Jr., a U.S. Border Patrol Agent, arrived on the scene and detained one of Hernandez’s friends at the U.S. border, while Hernandez retreated to the Mexican side of the River and hid behind the pillars of the Paso del Norte bridge. Mesa, still standing on the U.S. side of the border, fired at least two shots at Hernandez, one of which struck him in the head and killed him. +Six months after Hernandez’s death, his parents sued Mesa in federal district court in Texas and alleged that Mesa violated the Fourth and Fifth Amendments of the U.S. Constitution through the use of deadly force and the failure to use of reasonable force when making arrests. Mesa moved to dismiss and argued that Hernandez lacked constitutional protection because he was an alien without voluntary attachments to the United States who was standing in Mexico when he was killed. Applying a formalist test, the district court concluded that the Constitution’s deadly-force protections stop at the border for non-citizens like Hernandez. The U.S. Court of Appeals for the Fifth Circuit affirmed in part and reversed in part and held that the Fifth Amendment protections against deadly force applied but not the Fourth Amendment protections. The appellate court also held that Mesa was not entitled to qualified immunity. Rehearing the case en banc, the appellate declined to answer the Fifth Amendment question, but held that Mesa was entitled to qualified immunity and that Hernandez could not assert a claim under the Fourth Amendment because he was a Mexican citizen without a significant voluntary connection to the United States who was on Mexican soil when he was shot and killed. +" +TEST_0799,National Labor Relations Board,"Lechmere, Inc.","Lechmere owned and operated a large retail store in a shopping plaza. Nonemployee union organizers campaigned to organize the store employees by entering the company's parking lot and placing handbills on car windshields. Lechmere prohibited solicitation and literature distribution on its property. The union organizers persisted in their leafleting campaign despite continued objections from Lechmere. The union filed an unfair labor practice charge against Lechmere. An NLRB judge ruled in the union's favor. +" +TEST_0800,Reporters Committee for Freedom of the Press,Department of Justice,"CBS requested the criminal identification records of Charles Medico from the FBI. When the FBI refused the request, a CBS news correspondent and the Reporters Committee for Freedom of the Press (RCFP) challenged the denial as a violation of the Freedom of Information Act (FOIA). RCFP claimed that since Medico was an identified organized crime figure with corrupt ties to a United States Congressman, Medico's criminal record was a matter of ""public record"" and ""interest."" On appeal from an unfavorable appellate decision, the Supreme Court granted the U.S. Department of Justice certiorari. +" +TEST_0801,Florida,Proffitt,"Following his Florida conviction for first-degree murder and the imposition of the death penalty, Proffitt challenged the constitutionality of both his death sentence, alleging it was a ""cruel and unusual"" punishment, and Florida's capital-sentencing procedure, alleging is was arbitrary and capricious insofar as it permitted judges rather than juries to act as sole sentencing authorities. +This case is one of the five ""Death Penalty Cases"" along with Gregg v. Georgia , Jurek v. Texas , Roberts v. Louisiana , and Woodson v. North Carolina . +" +TEST_0802,"First National Bank of Boston, et al.","Francis X. Bellotti, Attorney General of Massachusetts","The National Bank of Boston, along with two other national banks and three corporations, wished to spend money to publicize their opposition to a ballot initiative that would permit Massachusetts to implement a graduated income tax. The Attorney General of Massachusetts informed the organizations that he intended to enforce a state statute that prohibited such organizations from making contributions to influence the outcome of a vote that does not materially affect their assets and holdings. The organizations sued and argued that the statute violated their First Amendment rights. The Supreme Judicial Court of Massachusetts upheld the constitutionality of the statute. +" +TEST_0803,Hamilton County,Cunningham,"Teresa L. Cunningham, an attorney representing a plaintiff, was served with a request for interrogatories and documents with responses due within 30 days after service. Cunningham failed to comply with those discovery orders, and a Magistrate Judge granted Hamilton County's motion for sanctions against her under Federal Rule of Civil Procedure 37(a)(4). The District Court affirmed the Magistrate Judge's order for sanctions. The court also disqualified Cunningham as counsel. Although the District Court proceedings were ongoing, Cunningham immediately appealed the order affirming the sanctions award. The Court of Appeals dismissed the case for lack of jurisdiction because federal appellate court jurisdiction is ordinarily limited to appeals from ""final decisions of the district courts."" The court also held that the sanctions order was not immediately appealable under the collateral order doctrine, which provides that certain orders may be appealed, notwithstanding the absence of final judgment, because Cunningham's appeal was not completely separate from the merits of the case. +" +TEST_0804,"American Pipe and Construction Company, et al","State of Utah, et al","In 1964, the federal government sued several corporations for rigging prices of concrete and steel pipes in violation of the Sherman Act. That case reached a final judgment in May 1968, when all parties agreed to terms that prevented the companies from engaging in future violations of anti-trust laws. Eleven days short of one year after this agreement, the State of Utah, on behalf of several agencies and local governments, filed a class action lawsuit against the same corporations. The lawsuit claimed that the corporations’ previous price fixing schemes had directly injured the State and other plaintiffs. Six months later, the corporations successfully argued that, under the Federal Rules of Civil Procedure, the lawsuit could not be maintained as a class action because it was not impractical for the plaintiffs to each have individual representation. Eight days following this ruling, over 60 towns, municipalities, and water districts within the State of Utah immediately filed motions to intervene in the lawsuit. The court denied their motions because they had failed to argue them within the one-year time statute of limitations required under federal law. The Court of Appeals for the Ninth Circuit reversed. First, that court held that, by filing lawsuit as a class action, all of the claims were adequately before the trial court before the statute of limitations was reached. However, because the judge dismissed the class action after the statute of limitations ran, the parties were unable to re-file their claims against the corporations. That court held that the trial judge could not leave the plaintiff’s without recourse after the time to file the lawsuit had passed. Instead, the plaintiffs should have the eleven days that remained under the statute of limitations when the initial lawsuit was filed in order to intervene or otherwise file individual claims. The corporations appealed.  +" +TEST_0805,McGowan,Maryland,"Several employes of a discount department store sold a few items, such as floor wax and loose-leaf notebooks, to customers on a Sunday. By doing so, they violated Maryland's blue laws which only allow certain items, such as drugs, tobacco, newspapers and some foodstuffs, to be sold on Sundays. +" +TEST_0806,United States Postal Service,"Return Mail, Inc.","Return Mail, Inc. owns a US patent directed to the processing of mail items that are undeliverable due to an inaccurate or obsolete address of the intended recipient. Return Mail sought to license the patent to the US Postal Service (“USPS”) and when it was unsuccessful, it filed a lawsuit against USPS alleging unlicensed and unlawful use and infringement of the patent. USPS filed a petition with the Patent and Trademark Office’s Patent Trial and Appeal Board (“Board”) asking that the patent be declared unpatentable on several grounds. In response, Return Mail addressed the unpatentability arguments and further argued that USPS lacked statutory standing to institute review proceedings under the Leahy-Smith America Invents Act (“AIA”). +The Board held that USPS was not statutorily barred from filing the petition for review, and on the merits determined that all of the challenged patent claims were unpatentable under 35 U.S.C. § 101. The US Court of Appeals for the Federal Circuit affirmed. +" +TEST_0807,Jane L.,"Leavitt, Governor of Utah","A Utah district court held that a state statutory provision regulating early-term abortions was unconstitutional. The U.S. Court of Appeals for the Tenth Circuit ruled that a similar provision regulating later-term abortions should be invalidated along with the earlier-term provision. The Tenth Circuit held that the Utah Legislature would only have wanted to regulate later-term abortions if it could also regulate earlier-term abortions, and thus concluded that the provisions were not severable (i.e. separable). Utah governor Michael Leavitt appealed to the Supreme Court, arguing that the Utah Legislature intended the two provisions to be severable. +" +TEST_0808,Florida,Jimeno,"A Dade County police officer overheard Enio Jimeno arranging what appeared to be a drug transaction over a public telephone. He followed in his car, and eventually pulled Jimeno over for a traffic violation. He told him he had reason to believe Jimeno had drugs in the car, and asked for permission to search it. Jimeno consented, and a search revealed a brown paper bag with cocaine inside it. At trial, Jimeno argued that his consent to the search of the car did not extend to the closed paper bag within the car. The trial court agreed, excluded the drugs found inside the bag as the product of an unconstitutional search under the Fourth Amendment. The Florida District Court of Appeal and the Florida Supreme Court both affirmed. +" +TEST_0809,Dewey Sowders,John Gregory Watkins,"John Watkins was charged with attempting armed robbery of a liquor store in Louisville, Kentucky. He was arrested based on the identification of two witnesses. One of those witnesses identified Watkins as the gunman two days later in a lineup, and later that same day, the police took Watkins to the other witness’s hospital bed where he identified Watkins as the shooter. At the trial, both witnesses identified Watkins as the shooter. Watkins, along with two other witnesses, testified he was at a pool hall at the time of the shooting. Watkins was convicted, and on appeal he argued that the trial court had a constitutional obligation to conduct a hearing outside the presence of the jury to determine whether the identification evidence was admissible, but the Supreme Court of Kentucky rejected the argument. Watkins then sought a writ of habeas corpus. The district court denied the writ and held that a failure to hold a pretrial hearing does not require the reversal of a conviction. The U.S. Court of Appeals for the Sixth Circuit affirmed. +" +TEST_0810,"Donald H. Rumsfeld, Secretary of Defense","Jose Padilla and Donna R. Newman, as Next Friend of Jose Padilla","Jose Padilla, an American citizen, was arrested in Chicago's O'Hare International Airport after returning from Pakistan in 2002. He was initially detained as a material witness in the government's investigation of the al Qaeda terrorist network, but was later declared an ""enemy combatant"" by the Department of Defense, meaning that he could be held in prison indefinitely without access to an attorney or to the courts. The FBI claimed that he was returning to the United States to carry out acts of terrorism. +Donna Newman, who had represented him while he was being held as a material witness, filed a petition for habeas corpus on his behalf. The U.S. District Court for the Southern District of New York ruled that Newman had standing to file the petition despite the fact that Padilla had been moved to a military brig in South Carolina. However, the court also found that the Department of Defense, under the President's constitutional powers as Commander in Chief and the statutory authorization provided by Congress's Authorization for Use of Military Force, had the power to detain Padilla as an enemy combatant. The district judge rejected Newman's argument that the detention was prohibited by the federal Non-Detention Act, which states that no ""citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress."" +On appeal, a divided Second Circuit Court of Appeals panel reversed the district court's ""enemy combatant"" ruling. The panel found that the Authorization for Use of Military force did not meet the requirement of the Non-Detention Act and that the President could not, therefore, declare American citizens captured outside a combat zone as enemy combatants. +" +TEST_0811,United States,Centennial Savings Bank FSB,"Centennial Savings Bank exchanged interests in one set of mortgage loans for another set of mortgage loans of the same market value. The mortgages were worth substantially less at the time they were exchanged than they had been at the time they were acquired, however, and Centennial reported the difference as lost income on its income tax return. In a separate set of transactions, Centennial collected early withdrawal penalties from customers who withdrew their certificates of deposit before they were scheduled. Centennial reported the early withdrawal penalties as ""income from the discharge ... of indebtedness,"" meaning that it did not need to be reported as income under 26 U.S.C. 108(a)(1)(C). +With regard to the exchanged mortgages, the IRS did not allow the deduction, ruling that the properties exchanged had not been ""materially different"" and that the exchange therefore did not actually produce a reportable loss. With regard to the withdrawal penalties, the IRS ruled that they had to be reported as income. Centennial took the issue to federal District Court, where a judge ruled for the IRS on the mortgage exchange issue but for Centennial on the withdrawal penalty one. The Fifth Circuit Court of Appeals reversed the mortgage exchange holding and upheld the withdrawal penalty holding, siding with Centennial on both issues. +" +TEST_0812,Robert Edward Stansbury,California,"Robert Edward Stansbury, an ice cream truck driver, was taken to the Pomona Police Department for questioning as a potential witness in the investigation of the death of a 10-year-old girl. Stansbury was not a suspect in the death, and did not receive Miranda warnings, but during questioning, made a statement that put him under suspicion. After further questioning, Stansbury admitted to prior convictions for rape, kidnapping and child molestation. At this point the interrogating officer advised Stansbury of his Miranda rights and Stansbury refused to make any further statements. Stansbury requested an attorney and was arrested and charged with first-degree murder. The trial court held that Stansbury was not truly in custody and therefore not entitled to Miranda warnings until suspicion focused on him. The court refused to suppress Stansbury’s statements made prior to the warning. Stansbury was convicted of first-degree murder and sentenced to death. The Supreme Court of California affirmed. +" +TEST_0813,Texas,Zackary C. Brown,"On December 9, 1977, El Paso Police Officers Venegas and Sotelo were cruising in a patrol car. At 12:45 p.m., they observed Zackary C. Brown and another man leaving an alley in opposite directions. The alley was in an area known for a high incidence of drug traffic. The officers believed the situation was suspicious and stopped Brown for questioning. They asked Brown to identify himself, and he refused and asserted that they had no cause to stop him. When the officers frisked him, they did not find any drugs or other suspicious material on Brown. He was arrested for violation of a Texas statute that made it illegal for a person to refuse to identify himself when a police officer lawfully requests it. Brown was taken to the county jail, where he did identify himself, and was charged with the violation. +Brown was convicted in municipal court and fined. He then exercised his right to a trial in the county court and moved for dismissal on the grounds that the Texas statue was unconstitutional under the First, Fourth, Fifth, and Fourteenth Amendments. The motion was denied and he was convicted. +" +TEST_0814,"Town & Country Electric, Inc., et al.",National Labor Relations Board,"Town & County Electric, Inc., a non-union company, sought to fill several positions for a construction job in Minnesota. Town & Country received applications from union staff, but refused to interview any of the applicants except one, who was eventually hired and fired soon thereafter. These individuals applied with the intention to organize Town & Country and were to remain on Union payroll during their time of employment. The union, the International Brotherhood of Electrical Workers, filed a complaint with the National Labor Relations Board claiming that Town & Country had refused to interview and retain the workers because of their union affiliation, a violation of the National Labor Relations Act. The Board held that the 11 individuals met the definition of employees under the Act and rejected Town & Country's claims that the individuals had been refused for other reasons. +The U.S. Court of Appeals for the Eighth Circuit reversed on the ground that the term ""employee"" does not include those individuals who remain on Union payroll during their time of employment with another company. +" +TEST_0815,Robert Bernard Jackson,Michigan,"Robert Bernard Jackson was charged with second-degree murder and conspiracy to commit second-degree murder. During his arraignment, Jackson requested that the court appoint him counsel. The next day, Jackson was interrogated again before he was able to communicate with his attorney. Jackson confessed during that interrogation. +In December 1978, Rudy Bladel killed three railroad employees in Michigan. Bladel was arrested shortly thereafter, the police questioned him twice but released him. Two months later, he was arrested again and agreed to talk to the police without an attorney present. During his arraignment the following day, Bladel requested counsel, and the court assigned a firm to his case. The next day, the police questioned Bladel again before the firm was able to contact him and before he was aware he had been assigned counsel. During this questioning, Bladel confessed. +In both cases, the trial courts held that the confessions, which were obtained after arraignment and before the defendants were able to meet with counsel, were properly received into evidence. The Michigan Court of Appeals affirmed Jackson’s conviction, and he appealed. The Michigan Supreme Court consolidated Jackson and Bladel’s cases and ruled that both confessions should not have been admitted into evidence. +" +TEST_0816,Tyler G. McNeely,Missouri,"On October 3, 2010, Missouri state police officer Mark Winder saw Tyler McNeely driving above the speed limit. When Winder followed McNeely to pull him over, he saw McNeely cross the center line three times. Upon making contact with McNeely, Wilder observed that his eyes were red and glassy, and that his breath smelled like alcohol. McNeely performed poorly on four field sobriety tests and refused to submit to a portable breath test. Wilder arrested McNeely for driving while intoxicated and transported him to a hospital to obtain a blood sample. Wilder read McNeely the Missouri Implied Consent statement, and McNeely still refused to submit the sample. Wilder ordered the sample taken anyway, and the blood test revealed McNeely's blood alcohol level was far above the legal limit. +The state charged McNeely with driving while intoxicated, and McNeely moved to suppress the evidence of the blood sample because it was obtained without a warrant. The trial court granted the defendant's motion. The state appealed and argued that the risk of McNeely's blood alcohol level decreasing over time represented an exigent circumstance requiring a blood draw. The Missouri Court of Appeals held that the trial court erred, but that the case represented a departure from current case law; it transferred the case to the Missouri Supreme Court. The Supreme Court of Missouri affirmed the trial court's decision. +" +TEST_0817,"FIA Card Services, N.A., fka MBNA America Bank, N.A.",Jason M. Ransom,"Jason Ransom filed for Chapter 13 bankruptcy in Nevada in 2006 and proposed a plan to make $500 monthly payments over a period of 60 months. The chapter 13 trustee and two creditors objected to confirmation of the plan, arguing that $500 per month was not Ransom's projected disposable income as defined in the Bankruptcy Code. They argued that Ransom improperly included a deduction against income for ""vehicle ownership expense"" of $471. The trustee and creditors claimed that the deduction should be disallowed and that the monthly payment should be increased. The Bankruptcy Court agreed with the trustee and refused to confirm the plan. The Bankruptcy Appellate Panel, agreeing to hear the appeal on this interlocutory issue, affirmed the Bankruptcy Court. The U.S. Court of Appeals for the Ninth Circuit affirmed the Bankruptcy Court's decision. +" +TEST_0818,Gregory Lee Johnson,Texas,"In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court. +" +TEST_0819,Franconia Associates,United States,"Under the Housing Act of 1949, the Farmers Home Administration makes direct loans to private, nonprofit entities to develop and/or construct rural housing for the elderly and low-or middle-income individuals and families. Franconia Associates is a property owner that entered into such loans before December 21, 1979. The promissory notes Franconia executed authorized ""prepaymen[t] of scheduled installments, or any portion thereof...at any time at the option of Borrower."" In 1988, Congress enacted the Emergency Low Income Housing Preservation Act of 1987 (ELIHPA), which amended the Housing Act of 1949 to impose permanent restrictions upon prepayment of mortgages entered into before December 21, 1979. In 1997, Franconia filed suit, charging that ELIHPA abridged the absolute prepayment right set forth in their promissory notes and thereby effected a repudiation of their contracts. In dismissing Franconia's contract claims as untimely, the Court of Federal Claims concluded that the claims first accrued on the ELIHPA regulations' effective date. In affirming on statute of limitations grounds, the Federal Circuit ruled that, if the Government's continuing duty to allow Franconia to prepay their loans was breached, the breach occurred immediately upon ELIHPA's enactment date. +" +TEST_0820,"Peter Stanley, Sr. ",Illinois,"Joan Stanley had three children with Peter Stanley. The Stanleys never married, but lived together off and on for 18 years. When Joan died, the State of Illinois took the children. Under Illinois law, unwed fathers were presumed unfit parents regardless of their actual fitness and their children became wards of the state. Peter appealed the decision, arguing that the Illinois law violated the Equal Protection Clause of the Fourteenth Amendment because unwed mothers were not deprived of their children without a showing that they were actually unfit parents. The Illinois Supreme Court rejected Stanley’s Equal Protection claim, holding that his actual fitness as a parent was irrelevant because he and the children’s mother were unmarried. +" +TEST_0821,Roberts,United States Jaycees,"According to its bylaws, membership in the United States Jaycees was limited to males between the ages of eighteen and thirty-five. Females and older males were limited to associate membership in which they were prevented from voting or holding local or national office. Two chapters of the Jaycees in Minnesota, contrary to the bylaws, admitted women as full members. When the national organization revoked the chapters' licenses, they filed a discrimination claim under a Minnesota anti-discrimination law. The national organization brought a lawsuit against Kathryn Roberts of the Minnesota Department of Human Rights, who was responsible for the enforcement of the anti-discrimination law. +" +TEST_0822,Missouri,Tyler G. McNeely,"On October 3, 2010, Missouri state police officer Mark Winder saw Tyler McNeely driving above the speed limit. When Winder followed McNeely to pull him over, he saw McNeely cross the center line three times. Upon making contact with McNeely, Wilder observed that his eyes were red and glassy, and that his breath smelled like alcohol. McNeely performed poorly on four field sobriety tests and refused to submit to a portable breath test. Wilder arrested McNeely for driving while intoxicated and transported him to a hospital to obtain a blood sample. Wilder read McNeely the Missouri Implied Consent statement, and McNeely still refused to submit the sample. Wilder ordered the sample taken anyway, and the blood test revealed McNeely's blood alcohol level was far above the legal limit. +The state charged McNeely with driving while intoxicated, and McNeely moved to suppress the evidence of the blood sample because it was obtained without a warrant. The trial court granted the defendant's motion. The state appealed and argued that the risk of McNeely's blood alcohol level decreasing over time represented an exigent circumstance requiring a blood draw. The Missouri Court of Appeals held that the trial court erred, but that the case represented a departure from current case law; it transferred the case to the Missouri Supreme Court. The Supreme Court of Missouri affirmed the trial court's decision. +" +TEST_0823,"Harry J. Berkemer, Sheriff of Franklin County, Ohio",Richard N. McCarty,"On March 31, 1980, Ohio State Highway Patrol Trooper C.J. Williams observed Richard McCarty’s vehicle weaving back and forth on Interstate Highway 270. He followed the car, pulled McCarty over, and asked him to exit the vehicle. Williams noticed that McCarty had trouble standing, and thus determined that he would charge McCarty with a traffic offense and that McCarty was no longer free to leave the scene. McCarty failed a balancing test. +Williams then asked McCarty whether he had been using intoxicants, and McCarty responded that he had consumed two beers and smoked several joints of marijuana a short time before. Williams placed McCarty under arrest. At the county jail, however, a breathalyzer test did not detect any alcohol in McCarty’s system. Williams resumed questioning McCarty, asking him if he was under the influence of alcohol and whether the marijuana had been treated with any chemicals. Williams responded, “I guess, barely,” to the first question, but denied that the marijuana he smoked had been treated. At no point did Williams or any other officer tell McCarty that he had a right to remain silent, to consult with an attorney, or to have an attorney appointed for him if he could not afford one. +McCarty was charged with operating a motor vehicle under the influence of alcohol and/or drugs, a first-degree misdemeanor under Ohio law punishable by fine or imprisonment for up to six months. McCarty moved to exclude the incriminating statements he made to Trooper Williams both on the scene of the arrest and in jail, on the grounds that he had not been informed of his constitutional rights prior to interrogation. The trial court denied the motion; McCarty pled ‘no contest’ and was found guilty. On appeal, the Franklin County Court of Appeals held that the Miranda rule does not apply to misdemeanors, relying on a prior decision by the Supreme Court of Ohio. The Supreme Court of Ohio dismissed McCarty’s appeal for failing to present a substantial constitutional question. The District Court for the Southern District of Ohio dismissed McCarty’s writ of habeas corpus, but the United States Court of Appeals Sixth Circuit reversed. It held that Miranda warnings must be given to all individuals accused of misdemeanor traffic offenses prior to custodial interrogation, but did not clearly apply this rule to McCarty’s statements made at the scene of his arrest. +" +TEST_0824,Doe,Smith,"Under the Alaska Sex Offender Registration Act, any sex offender or child kidnaper incarcerated in Alaska must register with the Department of Public Safety, which maintains a central registry of sex offenders. While some of the data is kept confidential, some, such as the offender's name, photograph, and physical description, is published on the Internet. The Act's requirements are retroactive. John Doe I and John Doe II were convicted of aggravated sex offenses before the Act's passage are thus covered by it. Both brought suit, seeking to declare the Act void as applied to them under the Ex Post Facto Clause of Article I Section 10 of the United States Constitution. The District Court ruled against them and the Court of Appeals disagreed, holding that, because its effects were punitive, the Act violates the Ex Post Facto Clause. +" +TEST_0825,Promega Corp.,"Life Technologies Corp., et al.","Promega Corporation owned four patents and was the exclusive licensee of another one for technology used in kits that can conduct genetic testing. The kits are usually used for the purposes of identifying forensic or paternity matches. In 2010, Promega sued Life Technologies Corporation (LifeTech) for infringing on the patents in question, and LifeTech filed counterclaims that argued that the asserted claims of the patents were invalid. The district court determined that LifeTech had directly infringed on the patents and the case proceeded to damages. During the damages phase, there was a dispute about whether or not Promega had met its burden to prove that it was eligible for damages based on its worldwide sales. The jury determined that Promega was eligible for the worldwide damages, but the district court granted LifeTech’s motion to vacate the judgment because it determined that, as a matter of law, Promega had failed to present sufficient evidence to sustain that jury verdict. The U.S. Court of Appeals for the Federal Circuit reversed and determined that there was substantial evidence that LifeTech was liable for worldwide damages. +" +TEST_0826,Texas,Robert Kaupp,"In January 1999, a 14-year-old girl disappeared. The police discovered that she had been having a sexual relationship with her 19-year-old half-brother, who had been with Robert Kaupp on the day of the girl’s disappearance. The police questioned the girl’s half-brother and Kaupp at police headquarters and allowed Kaupp to leave. The half-brother later confessed to stabbing the missing girl and implicated Kaupp in the crime. The police failed to obtain a warrant to question Kaupp, but they went to his home in the middle of the night and were given permission to enter by Kaupp’s father. Police officers awakened Kaupp and said, “We need to go and talk,” and Kaupp responded, “Okay.” Wearing only his pajamas and no shoes, Kaupp was handcuffed and taken for questioning. There is no evidence that Kaupp was told he could decline to go with the officers for questioning. Kaupp was read his Miranda rights at the police station and, after being informed of the half-brother’s confession, admitted to some involvement in the crime. At trial, Kaupp moved to suppress his confession as the fruit of an illegal arrest. The motion was denied, and Kaupp was convicted of murder and sentenced to 55 years in prison. The Texas Court of Appeals confirmed the district court’s conviction and held that no arrest had occurred until after Kaupp’s confession because Kaupp’s statement indicated that he consented to going with the officers. The Texas Court of Criminal Appeals denied discretionary review. +" +TEST_0827,United States,Franconia Associates,"Under the Housing Act of 1949, the Farmers Home Administration makes direct loans to private, nonprofit entities to develop and/or construct rural housing for the elderly and low-or middle-income individuals and families. Franconia Associates is a property owner that entered into such loans before December 21, 1979. The promissory notes Franconia executed authorized ""prepaymen[t] of scheduled installments, or any portion thereof...at any time at the option of Borrower."" In 1988, Congress enacted the Emergency Low Income Housing Preservation Act of 1987 (ELIHPA), which amended the Housing Act of 1949 to impose permanent restrictions upon prepayment of mortgages entered into before December 21, 1979. In 1997, Franconia filed suit, charging that ELIHPA abridged the absolute prepayment right set forth in their promissory notes and thereby effected a repudiation of their contracts. In dismissing Franconia's contract claims as untimely, the Court of Federal Claims concluded that the claims first accrued on the ELIHPA regulations' effective date. In affirming on statute of limitations grounds, the Federal Circuit ruled that, if the Government's continuing duty to allow Franconia to prepay their loans was breached, the breach occurred immediately upon ELIHPA's enactment date. +" +TEST_0828,Ferguson,Skrupa,"A Kansas statute made it a misdemeanor to enter into contracts for ""debt adjusting"" (a practice in which a debtor agrees to pay a monthly fee to an adjustor who then makes payments to the debtor's creditor). Skrupa was in business as a ""Credit Advisor"" and engaged in this practice. A lower court held that the Kansas statute was an ""unreasonable regulation of a lawful business"" and struck it down. +" +TEST_0829,United States,Wiener,"By the War Claims Act of 1948, Congress established the War Claims Commission for the purpose of adjudicating claims for compensating internees, prisoners of war, and religious organizations. Wiener was confirmed as a member of the Commission by President Truman in 1950. In 1953, when President Eisenhower requested Wiener's resignation, Wiener refused. Eisenhower subsequently appointed a substitute to Wiener's post. The Commission was abolished in 1954, and Wiener brought a claim to recover his salary from the time of his removal to the last day of the Commission's existence. +" +TEST_0830,Papai,Harbor Tug & Barge Company,"John Papai was injured while painting the housing structure of the tug Pt. Barrow. The Pt. Barrow is operated by Harbor Tug & Barge Co., which hired Papai to do the work, which involved no sailing with the vessel. Papai had been employed by Harbor Tug on twelve previous occasions in the two months before his injury, receiving those jobs through the Inland Boatman's Union hiring hall, which had provided Papai with short term jobs with various vessels for about two years. Most of Papai's jobs were deckhand work, which Papai said involved manning the lines on and off board vessels while they dock or undock. Papai sued Harbor Tug, claiming negligence under the Jones Act, which serves to protect seamen or workers who face regular exposure to the perils of the sea. The District Court granted Harbor Tug summary judgment upon finding that Papai did not enjoy seaman status under the Jones Act. The Court of Appeals reversed and remanded for a trial Papai's seaman status and his corresponding Jones Act claim. The court concluded that the relevant inquiry was not whether Papai had a permanent connection with the vessel, but whether his relationship with a vessel or an identifiable group of vessels was substantial in duration and nature, and found that this required consideration of his employment's total circumstances. Moreover, the court determined that a reasonable jury could conclude that Papai satisfied this test, for if the type of work a maritime worker customarily performs would entitle him to seaman status if performed for a single employer, he should not be deprived of that status simply because the industry operates under a daily assignment, rather than a permanent employment system. +" +TEST_0831,Theodore R. Gibson,Florida Legislative Investigation Committee,"In the wake of the Supreme Court's ruling in Brown v. Board of Education, the National Association for the Advancement of Colored People (NAACP) received much criticism from state legislators as it pushed ahead with litigation to combat segregation. The State of Florida, in 1959, established a Legislative Investigation Committee to study what were called ""subversive organizations."" Gibson, president of the Miami branch of the NAACP, was subpoenaed before the committee and asked to produce a membership list of his organization. He refused and was found in contempt. +" +TEST_0832,Marvin Vernis Smith,"Raul Lopez, Warden","On December 15, 2005, Minnie Smith was found dead in the home she shared with her husband, Marvin Smith. Smith was charged with first-degree murder for the death of his wife. At the end of the trial, the prosecution asked for and received an aiding-and-abetting instruction, which would allow the jury to convict Smith even if they found that he had not delivered the fatal blow. The jury convicted Smith but did not specify which theory of guilt they adopted. The California Court of Appeal affirmed the conviction and rejected Smith's argument that he had not been given adequate notice of the possibility of the aiding-and-abetting instruction. The California Supreme Court denied Smith's petition for review. +Smith filed a petition for habeas relief. The Magistrate Judge recommended granting the relief, and the district court agreed. The U.S. Court of Appeals for the Ninth Circuit affirmed and held that Smith should have been aware that the aiding-and-abetting instruction was possible because under California law aiding and abetting the crime is part of the same substantive offense as the commission of the crime itself. However, the appellate court held that Smith's Sixth Amendment right had been violated because the prosecution had tried the case on a single theory before adding the second instruction at the very end of the trial. In reaching this decision, the appellate court relied on its own precedent, which it claimed faithfully applied Supreme Court precedent. +" +TEST_0833,Jose Gomez,Campbell-Ewald Company,"On May 11, 2006, Jose Gomez received an unsolicited text message advertising the U.S. Navy. The text message was the result of a partnership between the Navy and the Campbell-Ewald Company, a marketing consultant that the Navy hired to help with a recruiting campaign. The compilation of the list of targeted phone numbers and the actual sending of the message was outsourced to a company called Mindmatics. +Gomez sued and argued that that Campbell-Ewald violated the Telephone Consumer Protection Act by instructing or allowing a third-party vendor to send unsolicited text messages on the behalf of a client. After Campbell-Ewald’s motion to dismiss was denied, the company offered Gomez a settlement, which Gomez rejected. Campbell-Ewald again moved to dismiss the case and argued that Gomez’s rejection of the settlement offer made the claim moot. The district court denied the motion, and Campbell-Ewald moved for summary judgment based on the argument that the company had derivative sovereign immunity because it was acting on behalf of the government. The district court granted the motion for summary judgment. The U.S. Court of Appeals for the Ninth Circuit reversed and held that Campbell-Ewald was not entitled to the derivative sovereign immunity defense because the defense had only ever been applied in the context of property damage resulting from public works projects. +" +TEST_0834,"DeWolff, Boberg & Associates, Inc., et al.",James LaRue,"James LaRue participated in a 401(k) retirement savings plan administered by his employer, the management consulting firm DeWolff, Boberg & Associates. Employee benefit plans are regulated under a federal law, the Employee Retirement Income Security Act of 1974 (ERISA). LaRue sought to exercise his option to make certain changes in his investment plan, but DeWolff neglected to make the changes. LaRue claimed that DeWolff's omission had cost him $150,000, and he sued the firm for breach of fiduciary duty, seeking to recover the money. In response, DeWolff argued that ERISA does not provide for the type of individual monetary award sought by LaRue. +Section 502(a)(2) allows plan participants to sue plan administrators for breach of fiduciary duty in order to ""make good to such plan any losses to the plan resulting from each such breach."" DeWolff argued that LaRue's suit was not of the type contemplated by the text of ERISA because LaRue sued to recover losses caused to his own personal retirement plan rather than suing to vindicate the interests of the plan as a whole. LaRue also invoked Section 502(a)(3), which allows plan participants to sue to obtain ""other appropriate equitable relief."" +The U.S. District Court held that LaRue was not entitled to relief under ERISA, and the U.S. Court of Appeals for the Fourth Circuit affirmed. The Fourth Circuit ruled that Section 502(a)(2) was concerned with protecting entire plans from misuse of plan assets and not with providing recovery for losses suffered by individual accounts. The court also rejected LaRue's Section 502(a)(3) claim. It ruled that the phrase ""equitable relief"" rarely includes relief in the form of a monetary award and only when the money has been unjustly possessed by the defendant. +" +TEST_0835,"Piccadilly Cafeterias, Inc.",Florida Department of Revenue,"In 2003, Piccadilly Cafeterias filed a Chapter 11 Bankruptcy petition in federal court in Florida asking the bankruptcy court for permission to auction off its assets in order to fund a reorganization plan. Piccadilly sought a tax exemption under 11 U.S.C. 1146(c) which states that certain asset transfers ""under a [confirmed Chapter 11] plan may not be taxed under any law imposing a stamp tax or similar tax."" Florida vehemently opposed this exemption and sought to collect $32,000 in taxes from Piccadilly. +The bankruptcy court, the district court, and the U.S. Court of Appeals for the Eleventh Circuit all found in favor of Piccadilly, holding that 11 U.S.C. 1146(c) allowed courts to exempt from taxes pre-confirmation asset sales that were essential to the completion of a reorganization plan. In urging the Court to grant certiorari, Florida pointed to both Third and Fourth Circuit decisions holding that such pre-confirmation asset sales were subject to state taxation, while Piccadilly Cafeterias contended that these so-called ""circuit splits"" only involve a small handful of cases and require no resolution by the Court. +" +TEST_0836,"Cyan, Inc., et. al.","Beaver County Employees' Retirement Fund, et. al.","Since the enactment of the Securities Act of 1933, state courts have had concurrent jurisdiction to decide federal law claims brought under that statute. Congress then passed the Securities Litigation Uniform Standards Act of 1998, which precluded certain state law securities class actions, and amended the 1933 Act to reflect that limitation on state court claims. +Beaver County Employees' Retirement Fund filed a lawsuit in a California superior court asserting claims under the 1933 Act. Cyan Inc. moved to dismiss the claims, arguing that the amended 1933 Act precluded state courts from exercising subject matter jurisdiction over 1933 Act claims entirely. The superior court rejected Cyan's objection to the exercise of jurisdiction. Federal district courts are split as to whether state courts have subject matter jurisdiction over covered class actions that allege only 1933 Act claims. +" +TEST_0837,Jamar Alonzo Quarles,United States of America,"Jamar Quarles was charged with being a felon in possession of a firearm, in violation of 18 U.S.C § 922(g). At his original sentencing, the district court held that Quarles’s conviction for third-degree home invasion was a violent felony under the residual clause of the Armed Career Criminal Act (“ACCA”) but declined to rule whether the offense constituted generic burglary. Finding the felon-in-possession conviction to be a third offense under the ACCA, the court sentenced Quarles to 204 months in prison. In light of the US Supreme Court’s decision in Johnson v. United States, 576 U.S. __ (2015), in which it held unconstitutionally vague the residual clause of the ACCA, the US Court of Appeals for the Sixth Circuit remanded the case for resentencing. The district court found that Michigan’s crime of third-degree home invasion constituted a “violent felony” under the ACCA and resentenced Quarles to 204 months’ incarceration. +Under federal law, a generic burglary is “an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.” Michigan law defines the crime of third-degree home invasion as breaking and entering a dwelling with intent to commit a misdemeanor in the dwelling, entering the dwelling without permission with intent to commit a misdemeanor in the dwelling, or breaking and entering a dwelling and while entering or present in the dwelling, committing a misdemeanor. This third option of intent is the subject of the present dispute. Both the district court and the Sixth Circuit found unpersuasive Quarles’s argument that the Michigan crime lacks the intent-upon-entry element that is required under generic burglary. Under binding Sixth Circuit precedent, generic burglary does not require intent at entry, so the Michigan crime of third-degree home invasion is not broader than the crime of generic burglary. +" +TEST_0838,"Lexecon, Inc.",Milberg Weiss Bershad Hynes and Lerach,"Lexecon Inc. was a defendant in a class action lawsuit. Under 28 USC section 1407(a), the lawsuit was transferred for pretrial proceedings to the District of Arizona. Section 1407(a) authorizes the Judicial Panel on Multidistrict Litigation to transfer civil actions with common issues of fact ""to any district for coordinated or consolidated pretrial proceedings,"" but provides that the Panel ""shall"" remand any such action to the original district ""at or before the conclusion of such pretrial proceedings."" After claims against it were dismissed, Lexecon brought suit against Milberg Weiss Bershad Hynes & Lerach and others (Milberg) in the class action lawsuit in the Northern District of Illinois. Ultimately, the Panel, under section 1407(a), ordered the case transferred to the District of Arizona. Afterwards, Lexecon moved for the Arizona District Court to remand the case to Illinois. Milberg filed a countermotion requesting the Arizona District Court to invoke section 1404(a) to ""transfer"" the case to itself for trial.Ultimately, the court assigned the case to itself and the Court of Appeals affirmed its judgment. +" +TEST_0839,Akins,Federal Election Commission,"The Federal Election Campaign Act of 1971 (FECA) imposes recordkeeping and disclosure requirements upon political committees which receive more than $1,000 in ""contributions"" or which make more than $1,000 in ""expenditures"" in a year ""for the purpose of influencing any election for Federal office."" Certain assistance does not count toward the expenditure cap if it takes the form of a ""communication"" by a ""membership organization or corporation"" ""to its members"" as long as the organization is not ""organized primarily for the purpose of influencing [any individual's] nomination... or election."" A complaint filed by a group of voters asked the Federal Election Commission (FEC) to order the American Israel Public Affairs Committee (AIPAC) to make public the information that FECA demands of political committees. Ultimately, the FEC found that AIPAC was not a political committee because its major purpose was not the nomination or election of candidates. The en banc Court of Appeals concluded that the FEC's major purpose test improperly interpreted FECA's definition of a political committee. +" +TEST_0840,Babbitt,Youpee,"A late nineteenth century congressional Indian land program resulted in the extreme fractionation of Indian lands as allottees passed their undivided interests on to multiple heirs. In 1983, Congress adopted the Indian Land Consolidation Act to reduce the fractionated ownership of allotted lands. Section 207 of the Act--the ""escheat"" provision--prohibited the descent of fractional interests that constituted 2 percent or less of the total acreage in an allotted tract and earned less than $100 in the preceding year. The interests described in Section 207 would escheat to the tribe, thereby consolidating the ownership of Indian lands. Section 207 made no provision for the payment of compensation to those who held such fractional interests. The U.S. Supreme Court invalidated the original version of Section 207 on the ground that it was a taking of private property without just compensation, in violation of the Fifth Amendment. Congress then amended Section 207. which looks back five years instead of one year to determine the income produced from a small interest. The will of William Youpee, an enrolled member of the Sioux and Assiniboine Tribes, devised to the respondents, all of them enrolled tribal members, his several undivided interests in allotted lands on reservations. An administrative law judge found that interests devised to each of the respondents fell within amended Section 207 and should therefore escheat to the relevant tribal governments. The respondents, asserting the unconstitutionality of amended Section 207, appealed the order to the Board of Indian Appeals, which dismissed the appeal. The respondents then filed a suit against the Secretary of the Interior, alleging that amended Section 207 violates the Just Compensation Clause of the Fifth Amendment. The District Court agreed with respondents. The Court of Appeals affirmed. +" +TEST_0841,Thurston Hensley,"CSX Transportation, Inc.","Thurston Hensley sued his longtime employer CSX Transportation Inc. (CSX) under the Federal Employers' Liability Act (FELA)in a Tennessee state court alleging that the railroad had negligently caused him to contract asbestosis. He sought pain and suffering damages for, among other things, his fear of developing lung cancer. Despite the objections of CSX, the trial court refused to provide a jury instruction as to the standard for awarding ""fear of cancer"" damages. Subsequently, the jury awarded Mr. Hensley $5 million in damages. On appeal to the Tennessee Court of Appeals, CSX argued that the trial court misapplied the Supreme Court's decision in Norfolk & Western R. Co. v. Ayers where the Court established a standard for finding ""fear of cancer"" damages. The court of appeals rejected the argument and affirmed the trial court. In its petition for certiorari to the Supreme Court, CSX argued that the Tennessee Court of Appeals misapplied the Court's decision in Ayers and that the jury should have been instructed that Mr. Hensley needed to prove that his fear of cancer was ""genuine and serious"" in order to collect damages. +" +TEST_0842,California,John Cunningham,"John Cunningham, a former police officer, was convicted of continuous sexual abuse of his young son. Under California's Determinate Sentencing Law, the trial judge can choose between three possible sentences for a given crime: a minimum, medium, and maximum sentence. Judges normally hand down the medium sentence unless there are special circumstances. In Cunningham's case, the judge found six aggravating factors, and sentenced him to the maximum 16-year sentence. However, in determining some of the aggravating factors the judge relied on evidence not considered by the jury. +Cunningham appealed his sentence, arguing that the judge's discretion was a violation of Cunningham's right to a trial by jury. In Blakely v. Washington, the Supreme Court had ruled that for the right to a jury trial to be effective, any fact which increases a sentence ""beyond the prescribed statutory maximum"" must be proved before the jury. Cunningham argued that the judge can consider only factors determined by the jury when deciding which sentence to impose. +A California Court of Appeal disagreed and upheld the sentence, ruling that the judge had merely handed down the maximum sentence prescribed by the statute. The California Supreme Court denied Cunningham's appeal, but the U.S. Supreme Court agreed to hear the case. +" +TEST_0843,Louisiana,Cox,"On December 14, 1961, the Baton Rouge police arrested 23 members of the Congress of Racial Equality (""CORE"") on a charge of illegal picketing. In response B. Elton Cox, a leading member of CORE, and others planned to march through parts of Baton Rouge, LA, ending with a demonstration at the courthouse. An estimated 1,500 to 3,800 protesters demonstrated during the hearings of the 23 jailed members. +Baton Rouge Police Chief Wingate White confronted the protestors when they arrived at the courthouse, telling them that they must confine the demonstration ""to the west side of the street"" within a designated period of time. After the group began their demonstration, a sheriff ordered them to disperse. Officers then forcibly dispersed the demonstration and arrested several demonstrators, including Cox. +Cox was charged with four offenses under Louisiana law: criminal conspiracy, disturbing the peace, obstructing public passages, and picketing before a courthouse. He was acquitted of criminal conspiracy but convicted of the other three offenses. In accordance with Louisiana procedure, the Louisiana Supreme Court reviewed his ""disturbing the peace"" and ""obstructing public passages"" convictions on certiorari, and the ""courthouse picketing"" conviction on appeal, and the court affirmed all three convictions. Cox appealed to the U.S. Supreme Court on the ground that all three statutes were unconstitutionally vague. This case (No. 24) addresses the ""disturbing the peace"" and ""obstructing public passages"" statutes, while the second case (No. 49) addresses the ""courthouse picketing"" statute. +" +TEST_0844,Washington Education Association,Gary Davenport et al.,"In some states, public sector labor unions are allowed to collect fees from non-union members. The Supreme Court has ruled that unions may use these fees for political purposes, but only if the non-union member does not object. Washington state also has a ""paycheck protection"" law, RCW 42.17.760, which requires unions to obtain specific permission from non-members before using their fees for political activity. Davenport, a non-union teacher, sued the Washington Education Association (WEA) teacher's union for violating the law. +WEA appealed to the Washington Court of Appeals, arguing that Washington's requirement that unions get prior permission was an unconstitutional burden on the unions' First Amendment right to associate for political purposes. Davenport countered that his own First Amendment rights were being violated when his fees went to political causes he did not agree with. The state Court of Appeals ruled in favor of WEA. +On appeal, the Washington Supreme Court affirmed, ruling that the burden must lie on the nonmember to assert his rights and object to the political fees. +" +TEST_0845,"Cuozzo Speed Technologies, LLC","Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office","Cuozzo Speed Technologies, LLC. (Cuozzo) owns the 074 patent, “Speed Limit Indicator and Method for Displaying Speed and the Relevant Speed Limit,” and Garmin International, Inc. (Garmin) petitioned the Patent Trial and Appeal Board (Board) for inter partes review of claims regarding the patent. The Board was established to process patent litigation faster by using inter partes review, and during that process, the Board uses the broadest reasonable interpretation when reviewing patent claims instead of the plain and ordinary meaning of patent claims. The Board found that claims 10, 14, and 17 were unpatentable. Cuozzo filed a motion to amend by replacing claims 10, 14, and 17 with claims 21, 22, and 23. The Board denied this request by applying the broadest reasonable interpretation standard to the term “integrally attached” regarding claim 14 on the components of the “Speed Limit Indicator.” Cuozzo appealed to the U.S. Court of Appeals for the Federal Circuit, which held that it lacked authority to review the Board’s finding under the broadest reasonable interpretation. +" +TEST_0846,Hopkins,Reeves,"Randolph K. Reeves was charged with two counts of felony murder for the sexual assault and murder of Janet Mesner and Victoria Lamm, both of Lincoln, Nebraska. Under Nebraska law, felony murder is a form of first-degree murder committed in the perpetration of certain felonies, including sexual assault. A conviction for felony murder renders a defendant eligible for the death penalty; however the jury does not charge the defendant because capital sentencing is a judicial function. In his trial Reeves requested the jury be given other options rather than just felony murder. The trial court judge denied Reeves's motion and he was subsequently convicted on both counts. A three-judge panel sentenced Reeves to death. The Nebraska Supreme Court affirmed his convictions and sentences. After exhausting his state remedies, Reeves filed a federal habeas corpus petition that the trial court's failure to give the requested instructions was unconstitutional. The District Court granted relief on an unrelated due process claim. The Court of Appeals rejected the lower court's decision, but held that a constitutional error had occurred. +" +TEST_0847,William Charles Payton,"Jill L. Brown, Warden","A California court sentenced William Payton to death for murder and attempted murder. Payton appealed and alleged the jury, when imposing the death penalty, did not consider the potentially mitigating evidence of his post-crime religious conversion. California's death penalty statute required jurors to weigh 11 factors when imposing a death penalty. The first 10 factors were specific to the crime and the eleventh factor was a ""catch-all factor"" that allowed the judge or jury to consider any other circumstance the defendant presented in mitigation of a death sentence. Payton alleged the judge's jury instructions effectively prevented the jury from considering his post-crime religious conversion. The California Supreme Court ruled there was nothing wrong with the judge's jury instructions. A federal district court and the Ninth Circuit Court of Appeals agreed with Payton and reversed the death sentence. The Ninth Circuit said the California Supreme Court's application of U.S. Supreme Court precedent was objectively unreasonable. According to the Ninth Circuit, the clearly established precedent required juries to consider mitigating post-crime evidence when considering a death sentence. +" +TEST_0848,"Michael Lee Marsh, II",Kansas,"Michael Lee Marsh II was convicted of murdering a mother and her young daughter. During the sentencing phase of the trial, jurors found that the mitigating factors and aggravating factors were in equipoise (i.e., of equal weight). The Kansas capital punishment statute specifically provided for the imposition of the death penalty in that circumstance, so Marsh was sentenced to death. After Marsh's sentencing, however, the Kansas Supreme Court in State v. Kleypas found fault with the concept of the death penalty as a ""tie-breaker."" The ruled in Kleypas that ""fundamental fairness requires that a 'tie goes to the defendant' when life or death is at issue."" The State argued that while the prosecution has the burden of proof during the trial, the burden can be shifted to the defendant during the sentencing phase, so that the defendant must show that he deserves less than a death sentence. The Kansas Supreme Court disagreed, and overturned Kansas's death penalty statute as unconstitutional under the Eighth Amendment. +" +TEST_0849,"Kingdomware Technologies, Inc.",United States,"Various policies, regulations, and statutes of the federal government are intended to promote small businesses, especially those run by veterans. Although agencies generally have wide discretion to decide what method of contracting to use, a 2003 amendment to the Small Business Act established a goal of awarding three percent of government contracts to service-disabled veteran-owned small businesses, and the Veterans Act of 2006 expanded the reach of the relevant provisions. +Kingdomware Technologies is a small business owned and controlled by a service-disabled veteran and has been certified as such by the Department of Veteran Affairs (VA). In 2012, Kingdomware filed a bid for a project, but the VA awarded the contract to a company that was not a veteran-owned business. Kingdomware filed a bid protest with the Government Accountability Office (GAO) and argued that the contract award was illegal. The GAO issued a recommendation that the VA cancel the contract and re-solicit bids. The VA refused to accept the recommendation, and Kingdomware sued in U.S. Court of Federal Claims, which held that there was sufficient ambiguity in the relevant statute and that the VA’s interpretation was reasonable, so therefore the contract award should stand. The U.S. Court of Appeals for the Federal Circuit affirmed. +" +TEST_0850,"John D. Carey, et al.","Jarius Piphus, et al.","During school hours on January 23, 1974, the principal of the Chicago Vocational High School saw Jarius Piphus, then a freshman, standing on school property sharing an irregularly shaped cigarette with another student. The principal saw a pack of the cigarettes change hands and believed he smelled marijuana. When the principal approached, the students immediately discarded the cigarette. The students were suspended for the customary 20 days for violation of the school drug policy, despite their protests that they had not been smoking marijuana. A few days later, Piphus, his mother and sister, school officials, and representatives from a legal aid clinic met to discuss the suspension, not to determine whether or not Piphus had violated the school drug policy. Piphus and his mother sued the school official in federal district court for violating Piphus’ Fourteenth Amendment right to due process. They sought declaratory and injunctive relief as well as $3000 in damages. +On September 11, 1973, Silas Brisco, a sixth grader at Clara Barton Elementary School in Chicago, received a 20-day suspension for wearing an earring to school in violation of school policy. The previous year, the school principal had enacted a policy banning earrings, as he believed they were associated with gang affiliation. When asked to remove the earring, Brisco refused and stated it was a symbol of black pride. Brisco and his mother sued the school officials in federal district court for violating Brisco’s right to due process. They sought declaratory and injunctive relief and $5000 in damages. +The two cases were consolidated for trial and the district court held that their suspensions violated the Fourteenth Amendment and that the schools were not entitled to immunity, but the court did not award damages. The United States Court of Appeals for the Seventh Circuit reversed and remanded for the district court to reconsider questions of relief and damages. +" +TEST_0851,Texas,Leroy Powell ,"Police arrested Leroy Powell for public intoxication. He was tried, convicted, and fined $20 in the Corporation Court of Austin Texas. On appeal, Powell argued that criminal punishment for public intoxication is cruel and unusual punishment in violation of the Eighth Amendment, because he had chronic alcoholism. Under this theory, he appeared in public drunk as a compulsive symptom of the disease, not his own choice. The County court of Travis County held that alcoholism is not a defense to the charge and affirmed the conviction. +" +TEST_0852,Ventura E. Ybarra,State of Illinois,"On March 1, 1976, an Illinois Circuit Court judge authorized a warrant to search the premises of the Aurora Tap Tavern and the person of the bartender Greg for heroin and other drug paraphernalia, based on information the Illinois Bureau of Investigation obtained from an informant. When officers arrived to conduct the search, they also conducted a cursory pat down for weapons on all of the patrons in the bar, pursuant to an Illinois state statute that allows officers to search persons on the premises during the execution of a valid search warrant. During the pat down, an officer found and retrieved a cigarette pouch from the pocket of one of the patrons, Ventura Ybarra, that contained tin foil packets of a substance later confirmed to be heroin. +Ybarra was subsequently indicted for possession of a controlled substance. He filed a pretrial motion to suppress the evidence of the contraband that had been seized from his person during the search at the bar. The trial court denied the motion. Ybarra was found guilty. On appeal, the Illinois Court of Appeals upheld the constitutionality of the statute as it applied to the facts of this case because it was obvious that there was a connection between Ybarra and the premises being searched. The Illinois Supreme Court denied Ybarra’s petition for appeal. +" +TEST_0853,United States,Drye,"In 1994, Irma Drye died, leaving a $233,000 estate. The sole heir to the estate under Arkansas law was Rohn Drye, Jr., her son. Drye owed the Federal Government approximately $325,000 in unpaid tax assessments. The Internal Revenue Service (IRS) had valid tax liens against all of Drye's ""property and rights to property"" under federal law, 26 USC section 6321. Several months after Drye was appointed the administrator of his mother's estate, he disclaimed his interest in the estate, which then passed under state law to his daughter. Arkansas law provides that the disavowing heir's creditors may not reach property thus disclaimed. Drye's daughter then proceeded to use the estate's proceeds to establish a family trust (Trust), of which she and her parents are the beneficiaries. Under state law the Trust was shielded from creditors seeking to satisfy the debts of the Trust's beneficiaries. After Drye revealed his beneficial interest in the Trust to the IRS, the IRS filed a notice of federal tax lien against the Trust. Ultimately, the District Court ruled in favor of the Government and its lien. In affirming, the Court of Appeals interpreted precedent to mean that state law determines whether a given set of circumstances creates a right or interest, but federal law determines whether that right or interest constitutes ""property"" or ""rights to property"" under section 6321, thus subjecting it to federal tax liens. +" +TEST_0854,Cowles Media Company,Cohen,"Cohen was a campaign associate in the 1982 Minnesota gubernatorial race. He gave court records concerning another party's candidate for lieutenant governor to the St. Paul Pioneer Press and the Minneapolis Star and Tribune. Though he had received a promise of confidentiality from the reporters, the papers identified Cohen in their stories. He was fired as a result. Cohen sued the papers in state court, alleging a breach of contract. At trial, Cohen won compensatory damages and the state appellate court upheld the award. But the Minnesota Supreme Court reversed, ruling that Cohen's claim relied on state ""promissory estoppel"" law, a law that essentially prevented a promisor from breaking a promise. The court ruled that the First Amendment's free press guarantee prevented promissory estoppel from applying to the newspapers. +" +TEST_0855,Matthew Wayne Tome ,United States,"Matthew Wayne Tome was charged with sexually abusing his daughter, who was four years old at the time of the alleged crime. Tome and the child’s mother were divorced and Tome had primary physical custody of the child, but the mother was awarded custody in 1990. The prosecution argued that the sexual abuse occurred while the child was with Tome, but was not discovered until the child spent vacation time with her mother. Tome argued that the allegations were fabricated to keep the child from being returned to him. The prosecution produced six witnesses who testified to verify the out of court statements made by the child. The out of court statements were all made after the motive to fabricate would have arisen. The district court admitted the statements into evidence under Federal Rule of Evidence 801(d)(1)(B), which state that prior statements of a witness are not hearsay is they are consistent with the witness’ testimony and are offered to rebut a charge of “recent fabrication or improper influence of motive.” Tome was convicted. On appeal, the U.S. Court of Appeals for the 10th Circuit affirmed, holding that the proper test was to weigh the probative value against their prejudicial effect, not whether statements were made before or after the motive to fabricate arose. +" +TEST_0856,"Exxon Mobil Corporation, Exxon Chemical Arabia, Inc., and Mobil Yanbu Petrochemical Company, Inc.",Saudi Basic Industries Corporation,"Two subsidiaries of ExxonMobil formed joint ventures with Saudi Basic Industries Corp. (SABIC) to produce polyethylene in Saudi Arabia. When a dispute arose over the royalties SABIC had charged, SABIC sued the two subsidiaries in a Delaware state court, seeking a ruling that the royalties were proper. ExxonMobil countersued in federal district court, alleging SABIC had overcharged. Before the state-court trial, the district court denied SABIC's motion to dismiss the federal suit. As SABIC appealed, the Delaware court ruled for ExxonMobil. The Third Circuit held that as a result of of the state court judgment, the Rooker-Feldman doctrine barred the suit. That doctrine was an offshoot of the federal law giving the U.S. Supreme Court sole authority to modify and prohibiting a federal district court from exercising appellate jurisdiction. +" +TEST_0857,"National Football League, et al.","American Needle, Inc.","American Needle Inc. filed suit in an Illinois federal district court against the National Football League (""NFL"") and Reebok International Ltd. alleging that the teams' exclusive licensing agreement with Reebok violated the Sherman Antitrust Act. American Needle argued that because individual NFL teams separately own their team logos and trademarks, their collective agreement to authorize NFL Properties to award the exclusive headwear license to Reebok, was in fact a conspiracy to restrict other vendors' ability to obtain licenses for the teams' intellectual property. The district court disagreed and dismissed the case. +On appeal, the U.S. Court of Appeals for the Seventh Circuit affirmed. It held that NFL teams were a single entity for purposes of antitrust laws, and thus could not have conspired to restrict trade. Therefore, the court stated that the teams were free to license their intellectual property on an exclusive basis. +" +TEST_0858,"Thunder Craft Boats, Inc.","Bonito Boats, Inc.","In 1976, Bonito Boats, Inc. (Bonito), a Florida corporation, developed a design for a fiberglass recreational boat and made a model to produce the finished fiberglass boats for sale. No patent application was ever filed for protection. In 1983, the Florida Legislature enacted a statute making it unlawful to use a direct modeling process to duplicate and sell a vessel or part of a vessel. In 1984, Bonito sued Thunder Craft Boats, Inc. (Thunder Craft), a Tennessee corporation, in the Florida district court for violating the statute. Thunder Craft successfully argued that the Florida statute conflicted with federal patent laws and was therefore invalid under the Supremacy Clause of the Eleventh Amendment. The Florida Court of Appeals and the Florida Supreme Court affirmed the district court’s conclusion that the Florida law interfered with federal patent laws. +" +TEST_0859,Arizona,Hicks,"A bullet was fired through the floor of Hicks's apartment which injured a man in the apartment below. To investigate the shooting, police officers entered Hicks's apartment and found three weapons along with a stocking mask. During the search, which was done without a warrant, an officer noticed some expensive stereo equipment which he suspected had been stolen. The officer moved some of the components, recorded their serial numbers, and seized them upon learning from police headquarters that his suspicions were correct. +" +TEST_0860,Fourth Estate Public Benefit Corporation,"Wall-Street.com, LLC, et al.","Fourth Estate Public Benefit Corporation is a news organization that produces online journalism and licenses articles to websites while retaining the copyright to the articles. Wall-Street.com obtained licenses to several articles produced by Fourth Estate, and under the license agreement, Wall-Street was required to remove all of the content produced by Fourth Estate from its website before cancelling its account. However, when Wall-Street cancelled its account, it continued to display the articles produced by Fourth Estate. +Fourth Estate filed a lawsuit for copyright infringement, although it filed an application to register its allegedly infringed copyrights and the copyright office had not yet registered its claims. The district court dismissed the action, finding “registration” under Section 411 of the Copyright Act required that the register of copyrights “register the claim,” and that step had not occurred. The Eleventh Circuit affirmed. +  +" +TEST_0861,Wiener,United States,"By the War Claims Act of 1948, Congress established the War Claims Commission for the purpose of adjudicating claims for compensating internees, prisoners of war, and religious organizations. Wiener was confirmed as a member of the Commission by President Truman in 1950. In 1953, when President Eisenhower requested Wiener's resignation, Wiener refused. Eisenhower subsequently appointed a substitute to Wiener's post. The Commission was abolished in 1954, and Wiener brought a claim to recover his salary from the time of his removal to the last day of the Commission's existence. +" +TEST_0862,Carlos M. Gutierrez,"Eric H. Holder, Jr., Attorney General","Carlos Martinez Gutierrez, a native and citizen of Mexico, applied to an immigration judge for cancellation of his removal from the United States. The government appealed and the Board of Immigration Appeals (BIA) sustained the government's appeal. The U.S. Court of Appeals for the Ninth Circuit granted Gutierrez's petition for review of the BIA's decision and remanded to the BIA to allow it to reconsider his case based on the Ninth Circuit's decision in Mercado Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009). That case held that ""[f]or purposes of satisfying the five years of lawful permanent residence required under 8 U.S.C. 1229b(a)(1), a parent's status as a lawful permanent resident is imputed to the unemancipated minor children residing with the parent."" +" +TEST_0863,Sanders,Arkansas,"Local police in Little Rock, Arkansas received a tip that an individual would be arriving at the airport with a suitcase containing a significant quantity of marijuana. Upon arriving, the suspect retrieved his suitcase and left in a taxi. The police officers pursued and stopped the taxi, and ordered the driver to open the trunk which revealed the suitcase in question. The police opened the suitcase without obtaining permission from its owner and found nearly ten pounds of marijuana. +" +TEST_0864,"Edward Brennan, Warden",Dee Farmer,"Dee Farmer, a biological male, underwent estrogen therapy, received silicone breast implants and underwent unsuccessful sex reassignment surgery. Farmer was convicted and sentenced to prison on federal criminal charges. Prison medical personnel diagnosed Farmer as a transsexual. Farmer was generally kept separate from the general male population, in part because of Farmer’s misconduct, but also because of safety concerns. +Farmer was transferred to the U.S. Penitentiary Terre Haute and placed in the general male population in accordance with prison policy. Within two weeks, a cellmate allegedly beat and raped Farmer. Farmer sued in federal district court, alleging that prison officials deliberately and indifferently failed to protect a prisoner. This violated Farmer’s protection against cruel and unusual punishment under the Eighth Amendment. Farmer sought damages and an injunction against future incarceration in any prison. The district court granted summary judgment in favor of the prison officials, noting that Farmer never complained or expressed any safety concerns prior to the incident. The U.S. Court of Appeals for the Seventh Circuit affirmed. +" +TEST_0865,United States,Harold Kaufman ,"During his trial for armed robbery of a federally insured savings and loan association, Harold Kaufman admitted to the crime but unsuccessfully claimed insanity. He was convicted and the U.S. Court of Appeals for the Eighth Circuit affirmed. Kaufman then filed a post-conviction motion in district court challenging the evidence that proved his sanity. He alleged that the evidence was unlawfully seized in violation of the Fourth Amendment. The district court denied relief, holding that unlawful search and seizure was not an available attack in post-conviction proceedings. The Eighth Circuit affirmed. +" +TEST_0866,Dusenbery,United States,"While Larry Dean Dusenbery was in prison on federal drug charges, the Federal Bureau of Investigation (FBI) began an administrative process to forfeit cash that officers seized when they executed a search warrant for the residence where he was arrested. The FBI sought to notify Dusenbery by sending certified mail addressed to him care of the federal correctional institution where he was incarcerated; to the address of the residence where he was arrested; and to an address in the town where his mother lived. The FBI received no response in the time allotted and turned over the cash to the United States Marshals Service. When Dusenbery moved for the return of all the property and funds seized in his criminal case, the District Court denied the motion. On remand, the District Court ruled that the Government's sending of notice by certified mail to Dusenbery's place of incarceration satisfied his due process rights as to the cash. The Court of Appeals affirmed. +" +TEST_0867,"Paul Klemm, et al.",Kevin C. Rotkiske,"Kevin Rotkiske accumulated credit card debt between 2003 and 2005, which his bank referred to Klemm & Associates for collection. Klemm filed a collections lawsuit against Rotkiske in March 2008 but was unable to locate him for service of process. Klemm refiled its suit in January 2009 and attempted to serve Rotkiske at the same address. Unbeknownst to Rotkiske, someone at that address accepted service on his behalf, and Klemm obtained a default judgment against him. Rotkiske only discovered the judgment when he applied for a mortgage in September 2014. +Rotkiske filed the present action against Klemm alleging that its actions violate the Fair Debt Collection Practices Act (FDCPA). Klemm moved to dismiss the claim as time-barred, and the district court granted the motion to dismiss. The FDCPA provides that any action under the Act must be brought “within one year from the date on which the violation occurs.” Rotkiske argued that the statute incorporates a “discovery rule,” which is recognized in both the Fourth and Ninth Circuits and which “delays the beginning of a limitations period until the plaintiff knew or should have known of his injury.” The district court rejected this argument, finding that under a plain reading of the statute, the limitations period begins at the time of injury. Rotkiske appealed, but before the appellate panel issued its opinion and judgment, the Third Circuit ordered rehearing en banc. The Third Circuit, sitting en banc, affirmed the judgment of the district court. +" +TEST_0868,"Cedric Kushner Promotions, Ltd.",King,"Cedric Kushner Promotions, Ltd., a corporate promoter of boxing matches, sued Don King, the president and sole shareholder of a rival corporation, alleging that King had conducted his corporation's affairs in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO makes it ""unlawful for any person employed by or associated with any enterprise...to conduct or participate...in the conduct of such enterprise's affairs through a pattern of racketeering activity."" The District Court dismissed the complaint. In affirming, the Court of Appeals held that RICO applies only where a plaintiff shows the existence of two separate entities, a ""person"" and a distinct ""enterprise,"" the affairs of which that ""person"" improperly conducts. The court concluded that King was part of the corporation, not a ""person,"" distinct from the ""enterprise,"" who allegedly improperly conducted the ""enterprise's affairs."" +" +TEST_0869,"Edmund G. Brown, Jr., Attorney General of California, et al.",Chamber of Commerce of the United States of America et al.,"After the California legislature passed laws prohibiting the use of state funds to ""assist, promote, or deter union organizing,"" a group of California companies brought suit claiming the state laws were preempted by the National Labor Relations Act, 29 U.S.C. Section 7. The Act provides that companies' anti-labor speech can only be considered evidence of unfair labor practice if it threatens or coerces workers. The California companies argued that the state laws infringe upon their ""safe harbor"" for anti-labor speech embodied in the Act. +The U.S. Court of Appeals for the Ninth Circuit, after entering two panel decisions holding the California law preempted, issued a split en banc opinion holding that it was not. The Second Circuit has reached the opposite conclusion on similar facts. The Court's decision in this case will affect roughly a dozen other states currently considering adopting legislation substantially similar to the California law. +" +TEST_0870,United States,National Treasury Employees Union,"The Ethics in Government Act of 1978, amended by the Ethics Reform Act of 1989, prohibits members of Congress, federal officers, and other government employees from accepting an honorarium for making an appearance, speech, or writing an article. The prohibition applies even when neither the subject of the speech or article nor the person or group paying for it has any connection with the employee's official duties. The National Treasury Employees Union filed suit challenging the honorarium ban as an unconstitutional abridgement of its freedom of speech. A District Court held the ban unconstitutional and enjoined the government from enforcing it against Executive Branch employees. The Court of Appeals affirmed. +" +TEST_0871,"James Monroe, et al.","Frank Pape, et al.","On October 29, 1958, thirteen police officers, including Frank Pape, arrived at James Monroe's Chicago apartment at 5:45 A.M. The officers broke down the door, forced Monroe and his wife to stand naked in their living room, and ransacked the apartment. Afterwards, James Monroe was escorted to police quarters and held for ten hours on ""open"" charges while he was interrogated about a murder. The police did not have a warrant for the search or the arrest, and refused Monroe permission to call his attorney. +Monroe brought a complaint against each of the Chicago police officers individually and against the City of Chicago. The City of Chicago moved to dismiss the complaint on the ground that it was not liable under the Civil Rights Act nor for acts committed in performance of governmental functions. All defendants moved to dismiss, arguing that there was no cause of action under the Civil Rights Acts. The district court dismissed the complaint. The United States Court of Appeals for the 7th Circuit affirmed the district court's dismissal. +" +TEST_0872,Williams,Taylor,"Michael Wayne Williams was sentenced to death after he was convicted of two capital murders. Ultimately, Williams sought federal habeas relief, in which he requested an evidentiary hearing on three constitutional claims, regarding the fairness of his trial, which he had tried unsuccessfully to develop in the state-court proceedings. The District Court granted Williams' evidentiary hearing. However, before any hearing could be held, the Court of Appeals granted the Commonwealth's requests for an emergency stay and for a writ of mandamus and prohibition. The Commonwealth argued that Williams' evidentiary hearing was prohibited by federal law as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). On remand, the District Court dismissed Williams' petition citing the AEDPA statute and finding that Williams failed to show ""actual innocence."" In affirming, the Court of Appeals found that Williams could not satisfy the statute's conditions for excusing his failure to develop the facts of his claims and barred him from receiving an evidentiary hearing. +" +TEST_0873,General Electric Company,Joiner,"In 1992, Robert Joiner, after being diagnosed with small-cell lung cancer, sued General Electric Co. in Georgia state court, alleging that his disease was promoted by workplace exposure to chemical ""PCBs"" and their derivatives, including polychlorinated dibenzofurans (furans) and polychlorinated dibenzodioxins (dioxins). Ultimately, Joiner provided the District Court with expert witnesses' depositions that testified that PCBs, furans, and dioxins can promote cancer and that this was the likely cause of his cancer. The court granted GE summary judgment, reasoning that there was no genuine issue as to whether Joiner had been exposed to furans and dioxins and that his experts' testimony had failed to show that there was a link between exposure to PCBs and small-cell lung cancer. In reversing, the Court of Appeals held that the District Court erred in excluding the testimony of Joiner's expert witnesses. The appellate court applied a stringent standard of review to reach its conclusion. +" +TEST_0874,Valeo,Buckley,"In the wake of the Watergate affair, Congress attempted to ferret out corruption in political campaigns by restricting financial contributions to candidates. Among other things, the law set limits on the amount of money an individual could contribute to a single campaign and it required reporting of contributions above a certain threshold amount. The Federal Election Commission was created to enforce the statute. +" +TEST_0875,Board of Trustees of the National Elevator Industrial Health Benefit Plan,Robert Montanile,"In late 2008, Robert Montanile was involved in a car accident that resulted in significant injuries. Montanile was covered by an employee welfare benefit plan administered by the Board of Trustees of the National Elevator Industrial Health Benefit Plan (Plan). After Montanile’s accident, the Plan dispersed over $120,000 to cover Montanile’s medical expenses. Montanile later sued the driver of the other car involved in the accident, eventually obtaining a $500,000 settlement. Per its terms, the Plan then requested that Montanile reimburse the initial $120,000 disbursement. When Montanile and the Plan were unable to reach an agreement, the Plan sued Montanile. +The Plan is governed by the Employee Retirement Income Security Act of 1974 (ERISA), which allows plan administrators to recover overpayment from a beneficiary when the recovery would constitute “appropriate equitable relief”. The trial court held that the terms of the Plan required Montanile to repay the initial $120,000, and that this repayment was appropriate equitable relief in part because the Plan was able to identify a source of funds within Montanile’s possession—the $500,000 settlement. Montanile appealed and claimed that the repayment would not be equitable relief because the settlement had been spent or disbursed to other parties. The U.S. Court of Appeals for the Eleventh Circuit held that, because the Plan had a right to reimbursement, the Plan’s lien against Montanile’s $500,000 settlement attached before Montanile spent or disbursed the funds. Therefore, Montanile could not evade the repayment by claiming the settlement funds had been spent or disbursed. +" +TEST_0876,"John Guido, et al.",Mount Lemmon Fire District,"In 2000, John Guido and Dennis Rankin were hired by the Mount Lemmon Fire District, a political subdivision of the State of Arizona. They were full-time firefighter captains, and at ages 46 and 54, respectively, were the two oldest full-time employees at the Fire District when they were terminated in 2009. Guido and Rankin filed age discrimination charges with the Equal Employment Opportunity Commission (EEOC), which found reasonable cause to believe that the Fire District had violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34. Guido and Rankin subsequently filed suit against the Fire District. +The Fire District sought summary judgment on the basis that it was not an “employer” within the meaning of the ADEA, and the district court agreed. A three-judge panel of the Ninth Circuit reversed. Ruling counter to what other circuits have concluded, the appellate court stated that a political subdivision of a state does not need to have 20 or more employees, as private sector employers do, in order to be covered by the ADEA.  +" +TEST_0877,Medtronic Inc,Boston Scientific Corp. et al.,"Between 1969 and 1980, Dr. Morton Mower worked with Dr. Mieczyslaw Mirowski to develop the implantable cardioverter defibrillator (ICD) and the cardiac resynchronization therapy device (CRT), both devices that are meant to treat different kinds of heart failure. Mirowski Family Ventures (MFV) held both patents and licensed them to Guidant Corp. In 1991, Medtronic, a manufacturer of medical devices and equipment, entered into a sublicense agreement with Eli Lilly & Co., Guidant Corp's predecessor-in-interest regarding these patents. The agreement obligated MFV to inform Medtronic which items were covered by which patents, and if Medtronic disagreed, Medtronic could retain patent rights and file for a declaratory judgment of non-infringement on the patents. In October and November of 2007, MFV identified several Medtronic products that it believed infringed on its patents, and Medtronic subsequently sued for a declaratory judgment of non-infringement. +In the bench trial in district court, the court, relying on precedent, stated that the patent holder bears the burden of proving that infringement occurred and found in favor of Medtronic. MFV appealed and argued that the burden falls on the alleged patent infringer to prove that infringement did not occur. The United States Court of Appeals for the Federal Circuit held that, because Medtronic is the party seeking relief from the court, it bears the burden to prove that it did not infringe on MFV's patents. +" +TEST_0878,Crow Tribe of Indians,Montana,"In 1904, the Crow Tribe ceded part of its Montana Reservation to the United States for settlement by non-Indians, with the U.S holding the rights to the minerals underlying the ceded strip in trust for the Tribe. In 1972, pursuant to the Indian Mineral Leasing Act of 1938 (IMLA), Westmoreland Resources, Inc., a non-Indian company, entered into a mining lease with the Tribe for coal underlying the ceded strip. In 1975, Montana imposed a severance tax and a gross proceeds tax on all coal produced in the State, including coal underlying the reservation and the ceded strip. In 1978, the Tribe brought a federal action for injunctive and declaratory relief against Montana and its counties, alleging that the State's severance and gross proceeds taxes were preempted by the IMLA and infringed on the Tribe's right to govern itself. Ultimately, the Court of Appeals concluded that both taxes were preempted by the IMLA and void for interfering with tribal governance. The U.S. Supreme Court summarily affirmed. Subsequently, the Tribe sough to recover certain taxes paid by Westmoreland. The District Court then concluded that the disgorgement remedy sought by the Tribe was not appropriate. The Court of Appeals reversed. +" +TEST_0879,Alexandre Mirzayance,"Michael A. Knowles, Warden","Alexandre Mirzayance was convicted of first-degree murder in a California state court. He was subsequently denied post-conviction relief by the trial court and the California Court of Appeals. Mr. Mirzayance then petitioned for federal habeas corpus relief in a California federal district court. He maintained that he was denied his Sixth Amendment right to effective counsel because at trial, his attorney advised him to abandon his plea of not guilty by reason of insanity (NGI). The federal district court denied Mr. Mirzayance's petition, but was reversed by the U.S. Court of Appeals for the Ninth Circuit, which ordered an evidentiary hearing limited to determining whether ""there were tactical reasons for abandoning the defense."" +At the hearing, the Magistrate Judge found that Mr. Mirzayance's counsel had ""nothing to lose"" by going forward with the NGI plea and thus found his performance ineffective. The federal district court accepted this finding and granted Mr. Mirzayance's petition for habeas corpus relief. On appeal, the Ninth Circuit affirmed, reasoning that Mr. Mirzayance's attorney's advice to withdraw his NGI plea was unreasonable because there was ""reasonable probability"" the jury would find Mr. Mirzayance insane. The Supreme Court granted certiorari, vacated the Ninth Circuit's decision, and remanded the case for consideration in light of Carey v. Musladin. On remand, the Court of Appeals reaffirmed its decision stating that Mr. Mirzayance's attorney's failure to pursue the NGI defense constituted ineffective counsel because it ""secured no tactical advantage."" +" +TEST_0880,Ortega,O'Connor,"In 1981, officials at a hospital, including Executive Director Dr. Dennis O'Connor, suspected improprieties in Dr. Ortega's management of a residency program. The officials conducted an investigation of Ortega, which included multiple searches of his office and seizure of a number of items. The items were later used in proceedings before the California State Personnel Board to impeach the credibility of witnesses that testified on Dr. Ortega's behalf. +" +TEST_0881,Eugene Lovasco ,United States,"On March 6, 1975, federal prosecutors indicted Eugene Lovasco for the possession of stolen firearms and for dealing in firearms without a license. The indictment alleged that Lovasco committed the offenses between July 25 and August 31, 1973—more than 18 months before the prosecutors filed the indictment. Lovasco moved to dismiss the indictment on the grounds that the delay was unnecessary and prejudicial to his defense, as two of his witnesses had died in the interim. The district court found that the government had collected all of the necessary information to indict Lovasco within a month of the alleged commission of crimes and granted the motion to dismiss. The U.S. Court of Appeals for the Eighth Circuit affirmed. +" +TEST_0882,United States,Massaro,"Joseph Massaro was indicted on federal racketeering charges, including murder in aid of racketeering. Though prosecutors found a bullet before the trial began and did not inform the defense until the trial was underway, defense counsel declined more than once the trial court's offer of a continuance so the bullet could be examined. Subsequently, Massaro was convicted. On direct appeal, Massaro but did not raise an ineffective-assistance-of-trial-counsel claim and the Court of Appeals affirmed. Massaro later moved to vacate his conviction, under 28 USC section 2255, based on an ineffective-assistance-of-trial-counsel claim. The District Court found his claim procedurally defaulted because he could have raised it on direct appeal. In affirming, the Court of Appeals concluded that, when the defendant is represented by new counsel on appeal and the ineffective-assistance claim is based solely on the trial record, the claim must be raised on direct appeal. +" +TEST_0883,New York City,Penn Central Transportation Company,"The New York City Landmarks Preservation Law of 1965 empowered the city to designate certain structures and neighborhoods as ""landmarks"" or ""landmark sites."" Penn Central, which owned the Grand Central Terminal (opened in 1913), was not allowed to construct a multistory office building above it. +" +TEST_0884,"Chamber of Commerce of the United States, et al.","Michael B. Whiting, et al.","Various business and civil-rights organizations challenged the enforceability of The Legal Arizona Worker's Act (""LAWA"") in an Arizona federal district court. They argued that federal law preempted LAWA, which requires Arizona employers to use the federal E-Verify employment verification system and revokes business licenses of those who hire unauthorized workers. The district court upheld the statute. +On appeal the U.S. Court of Appeals for the Ninth Circuit affirmed, holding that LAWA was not preempted explicitly or impliedly by the federal Immigration Reform and Control Act (""IRCA""). The court reasoned that IRCA although IRCA expressly preempts all state and local laws imposing sanctions for hiring or recruiting unauthorized aliens, it excepts licensing laws – like LAWA – from preemptive reach. The court also reasoned that mandating the use of E-Verify is not impliedly preempted by IRCA because Congress could have, but did not, expressly forbid states form requiring E-Verify participation. +" +TEST_0885,Robert McCoy,State of Louisiana,"Robert McCoy was arrested on May 9, 2008, for the first-degree murders of the son, mother, and step-father of his estranged wife in a May 5, 2008, shooting. On May 15, 2008, McCoy was found to be indigent and appointed a public defender. Throughout his representation by the public defender and his subsequent representation by retained counsel McCoy maintained his innocence and repeatedly stated his desire to plead not guilty. In December 2009, McCoy moved for his public defender to be removed due to his belief that the public defenders were doing nothing to assist him in proving his innocence. The court granted McCoy’s motion to represent himself until he could find substitute counsel. McCoy subsequently found new counsel to represent him, and his counsel advised him to take a plea. When McCoy refused to take a plea, his counsel notified him that he intended to concede guilt, after which time McCoy moved to discharge him. The court denied McCoy’s motion to discharge his attorney as untimely. His counsel proceeded to concede McCoy’s guilt and argued for verdicts of second-degree murder on a theory of diminished capacity. The jury returned a verdict of first-degree murder on all three counts and recommended the death penalty. +The Louisiana Supreme Court denied the appeal and affirmed the convictions and the sentence, reasoning that defense counsel’s failure to follow McCoy’s direction not to concede guilt did not deny Mr. McCoy the assistance of counsel or create a conflict of interest because it did not completely abdicate the defense. Rather, the decision to concede guilt was a strategic choice by counsel. +  +" +TEST_0886,Bell Atlantic Corp. et al.,William Twombly et al.,"William Twombly and other consumers brought a class action lawsuit against Bell Atlantic Corp. and other telecommunications companies. Twombly alleged that the companies had violated Section 1 of the Sherman Act by conspiring to end competition among themselves and to stifle new competition. In the suit, Twombly claimed that the companies had agreed not to branch out into and compete in one another's territories, even though the Telecommunications Act of 1996 might have made it relatively inexpensive to do so. +The District Court granted Bell Atlantic's motion to dismiss the suit, however, because Twombly had failed to ""allege sufficient facts from which a conspiracy can be inferred."" In order to sufficiently claim a Section 1 violation, the court held, the plaintiffs needed to establish a ""plus factor"" - a piece of evidence showing that the defendants' behavior would be against their economic self-interest unless there was a conspiratorial agreement. Twombly had not established a plus factor, the court held, because the companies' defensive behavior could have been motivated by economic factors rather than conspiracy. +Twombly appealed to the U.S. Court of Appeals for the Second Circuit, which reversed the lower court. The Second Circuit ruled that Twombly needed only to allege a conspiracy and specific facts that would support a Section 1 violation. Since he had alleged that the companies had engaged in suspicious ""parallel conduct"" and conspired to preserve monopoly conditions, his claim was sufficient and the suit could proceed. +" +TEST_0887,King,"Cedric Kushner Promotions, Ltd.","Cedric Kushner Promotions, Ltd., a corporate promoter of boxing matches, sued Don King, the president and sole shareholder of a rival corporation, alleging that King had conducted his corporation's affairs in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO makes it ""unlawful for any person employed by or associated with any enterprise...to conduct or participate...in the conduct of such enterprise's affairs through a pattern of racketeering activity."" The District Court dismissed the complaint. In affirming, the Court of Appeals held that RICO applies only where a plaintiff shows the existence of two separate entities, a ""person"" and a distinct ""enterprise,"" the affairs of which that ""person"" improperly conducts. The court concluded that King was part of the corporation, not a ""person,"" distinct from the ""enterprise,"" who allegedly improperly conducted the ""enterprise's affairs."" +" +TEST_0888,"Concentrated Phosphate Export Association, Inc. et al.",United States,"After World War II, the United States made funds available through the ‘Marshall Plan’ to many countries to pay for commodities sold by American companies and shipped from the United States and other free-world sources. Congress made foreign aid funds available to bring commodities to the Republic of Korea, beginning with the Mutual Security Act of 1954. +In 1961, the Concentrated Phosphate Export Association (CPEA) organized to act as an export-selling agency for the concentrated phosphate products of its member corporations. CPEA organized under the Webb-Pomerene Act, which Congress passed to help American firms compete with foreign cartels. The process began when Congress allocated funds to various Agency for International Development (AID) programs. The United States thus directly financed the purchase of commodities allocated to Korea, approved via a complicated, tightly regulated application procedure. The United States assigned two of the CPEA contracts, and the Republic of Korea assigned the other nine, subject to detailed regulation by AID. The contracts only circulated in the United States. +The United States filed an action to enjoin price fixing and business allocation activities among the CPEA’s five major member corporations. The district court held that CPEA’s sales were ‘export trade’ for the purposes of the Sherman Act; hence, although CPEA conceded that its members were coordinating their sales actions, CPEA did not violate the Sherman Act. On January 1, 1967, the State Department amended its regulations to preclude Webb-Pomerene associations from bidding on contracts where the procurement was limited to United States suppliers; in response, the CPEA dissolved on December 28, 1967, despite the district court’s favorable ruling. +" +TEST_0889,Association for Molecular Pathology et al.,Myriad Genetics,"The Association for Molecular Pathology along with several other medical associations, doctors and patients sued the United States Patent and Trademark Office (USPTO) and Myriad Genetics to challenge several patents related to human genetics. The patents cover the BRCA1 and BRCA2 genes and certain mutations that indicate a high risk of developing breast cancer. The suit also challenged several method patents covering diagnostic screening for the genes. Myriad argued that once a gene is isolated, and therefore distinguishable from other genes, it could be patented. By patenting the genes, Myriad had exclusive control over diagnostic testing and further scientific research for the BRCA genes. Petitioners argued that patenting those genes violated §101 the Patent Act because they were products of nature. They also argued that the patents limit scientific progress. §101 limits patents to ""any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."" +The district court granted summary judgment in favor of petitioners, holding that isolating a gene does not alter its naturally occurring fundamental qualities. The U.S. Court of Appeals for the Federal Circuit reversed, holding that isolated genes are chemically distinct from their natural state in the human body. In March 2012, Petitioners sought certiorari; the U.S. Supreme Court vacated the Federal Circuit judgment and remanded for further consideration in light of Mayo Collective Services v. Prometheus Laboratories. On remand, the Federal Circuit again upheld the patentability of the BRCA genes. +" +TEST_0890,"Eric H. Holder, Jr., Attorney General",Carlos M. Gutierrez,"Carlos Martinez Gutierrez, a native and citizen of Mexico, applied to an immigration judge for cancellation of his removal from the United States. The government appealed and the Board of Immigration Appeals (BIA) sustained the government's appeal. The U.S. Court of Appeals for the Ninth Circuit granted Gutierrez's petition for review of the BIA's decision and remanded to the BIA to allow it to reconsider his case based on the Ninth Circuit's decision in Mercado Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009). That case held that ""[f]or purposes of satisfying the five years of lawful permanent residence required under 8 U.S.C. 1229b(a)(1), a parent's status as a lawful permanent resident is imputed to the unemancipated minor children residing with the parent."" +" +TEST_0891,United States,Raymond Dennis et al.,"Raymond Dennis and others were members of the Communist Party; they were also officers and members of the International Union of Mine, Mill, and Smelter Workers. They filed false affidavits between 1949 and 1955 to satisfy the stipulations of 9(h) of the National Labor Relations Act as amended by the Taft-Hartley Act, which required all union officers to submit non-Communist affidavits. The union officials retained their Communist Party affiliations, filed the affidavits, and enabled the union to use the services of the National Labor Relations Board. The union officers were indicted by the United States District Court for conspiracy to fraudulently obtain the services of the National Labor Relations Board. +" +TEST_0892,John Gregory Watkins,Dewey Sowders,"John Watkins was charged with attempting armed robbery of a liquor store in Louisville, Kentucky. He was arrested based on the identification of two witnesses. One of those witnesses identified Watkins as the gunman two days later in a lineup, and later that same day, the police took Watkins to the other witness’s hospital bed where he identified Watkins as the shooter. At the trial, both witnesses identified Watkins as the shooter. Watkins, along with two other witnesses, testified he was at a pool hall at the time of the shooting. Watkins was convicted, and on appeal he argued that the trial court had a constitutional obligation to conduct a hearing outside the presence of the jury to determine whether the identification evidence was admissible, but the Supreme Court of Kentucky rejected the argument. Watkins then sought a writ of habeas corpus. The district court denied the writ and held that a failure to hold a pretrial hearing does not require the reversal of a conviction. The U.S. Court of Appeals for the Sixth Circuit affirmed. +" +TEST_0893,United States,Sell,"In 1997, the Federal Government charged Charles Sell with submitting fictitious insurance claims for payment. Although Sell has a long history of mental illness and was initially found competent to stand trial for fraud and attempted murder, a Federal Magistrate Judge ordered his hospitalization to determine whether he would attain the capacity to allow his trial to proceed. Subsequently, the Magistrate authorized forced administration of antipsychotic drugs. In affirming, the District Court concluded that medication was the only viable hope of rendering Sell competent to stand trial and was necessary to serve the Federal Government's interest in obtaining an adjudication of his guilt or innocence. The Court of Appeals affirmed. On the fraud charges, the appellate court found that the Federal Government had an essential interest in bringing Sell to trial, that the treatment was medically appropriate, and that the medical evidence indicated that Sell would fairly be able to participate in his trial. +" +TEST_0894,Gonzaga University,Doe,"A student at Gonzaga University planned to become a public elementary school teacher in Washington, which required all new teachers to obtain an affidavit of good moral character from their graduating colleges. Gonzaga's teacher certification specialist overheard one student tell another that the student had engaged in sexual misconduct, contacted the state agency responsible for teacher certification, and discussed the allegations, identifying the student by name. Ultimately, the student was told that he would not receive his certification affidavit. The student sued Gonzaga in state court, alleging a violation of the Family Educational Rights and Privacy Act of 1974 (FERPA), which prohibits the federal funding of schools that have a policy or practice of permitting the release of students' education records without their parents' written consent. A jury awarded the student compensatory and punitive damages. Ultimately, the State Supreme Court acknowledged that FERPA does not give rise to a private cause of action, but reasoned that the nondisclosure provision creates a federal right that is enforceable. +" +TEST_0895,"John Wiley & Sons, Inc.",Supap Kirtsaeng,"Supap Kirtsaeng came to the United States from Thailand in 1997. He obtained an undergraduate degree at Cornell University before being accepted into a PhD program at the University of Southern California. To subsidize the cost of his education, Kirtsaeng asked friends and family in Thailand to buy copies of textbooks in Thailand and to ship those books to him in the United States. Kirstaeng then sold the textbooks on eBay at a profit. Among the books Kirtsaeng sold, were eight textbooks printed in Asia by John Wiley and Sons, Inc. +Wiley sued Kirtsaeng in district court for copyright infringement under Section 602(a)(1) of the Copyright Act, which makes it impermissible to import a work ""without the authority of the owner."" Kirtsaeng asserted a defense under Section 109(a) of the Copyright Act, which allows the owner of a copy ""lawfully made under this title"" to sell or otherwise dispose of the copy without the copyright owner's permission. The district court rejected Kirtsaeng's argument, and held that the doctrine was inapplicable to goods manufactured in a foreign country. +Kirtsaeng appealed to the United States Court of Appeals for the Second Circuit. A divided panel acknowledged that it was a difficult question of statutory construction, but the majority held that Section 109(a) referred specifically to works that are made in the United States and did not apply to works manufactured abroad. Kirtsaeng's request for rehearing was denied, and he appealed the appellate court's decision. +" +TEST_0896,Illinois,Richard Brown,"On May 6, 1968, Roger Corpus was shot and killed in his apartment. The police obtained the name of Richard Brown, who was identified as an acquaintance of the victim, though not a suspect. On May 13, 1968, detectives arrested Brown and searched his apartment without probable cause and without a warrant. The detectives read Brown his Miranda rights and proceeded to question him. During the questioning, Brown confessed to assisting in Corpus’ murder. Later, Brown was questioned again after being read his Miranda rights a second time. He substantially repeated his account of the murder. +Prior to his trial, Brown moved to suppress the two statements based on the fact that his arrest was illegal and the statements were taken in violation of his Fourth and Fifth Amendment rights. The motion was denied and the case proceeded to trial. The jury found Brown guilty. The Supreme Court of Illinois affirmed the judgment but did not accept the State’s argument that the arrest was legal. +" +TEST_0897,"Robert Smith, et al.",Charles Murphy,"Charles Murphy was an inmate in the Vandalia Correctional Center in Illinois. In July 2011, correctional officers hit Murphy, fracturing his eye socket, and did not provide him proper medical attention. Murphy sued under 42 U.S.C. § 1983 and state law theories. A jury returned a verdict in his favor and awarded him damages for some of his claims under state law, and the district court awarded him attorney fees under 42 U.S.C. § 1988. Two of the defendants appealed the judgment, arguing that the Illinois doctrine of sovereign immunity bars the state-law claims and that the Prison Litigation Reform Act requires that 25 percent of the damages awarded be used to pay the attorney fee award. +The Seventh Circuit affirmed the district court's holding that the state officials or employees are not entitled to sovereign immunity against state-law claims where the officials or employees violated statutory or constitutional law, which violations Murphy alleged and proved. The Seventh Circuit reversed on the attorney fee award, however, finding that the 42 U.S.C. § 1997e(d) requires that the attorney fee award must first be satisfied from up to 25 percent of the damage award and that the district court does not have discretion to reduce that maximum percentage. +" +TEST_0898,Osborne,Ohio,"After obtaining a warrant, Ohio police searched the home of Clyde Osborne and found explicit pictures of naked, sexually aroused male adolescents. Osborne was then prosecuted and found guilty of violating an Ohio law that made the possession of child pornography illegal. +" +TEST_0899,"Michael Shane Christopher, Frank Buchanan",SmithKline Beecham Corporation d/b/a GlaxoSmithKline,"Michael Christopher and Frank Buchanan began working for GlaxoSmithKline LLC (""Glaxo"") as pharmaceutical sales representatives (""PSRs"") in 2003. Glaxo developed, produced, marketed and sold pharmaceutical products to distributors or retail pharmacies, which subsequently sell those products to consumers when authorized by doctors via prescription. The plaintiffs worked between ten and twenty hours outside of normal business hours each week. PSRs are compensated with a salary and additional incentive-based pay; they are not paid overtime for work done outside of standard business hours. +The Fair Labor Standards Act (""FLSA"") was enacted in 1938 to protect the well-being of workers. It imposed a baseline overtime wage on employers for employees who work over forty hours a week. There was an exception to the rule for ""outside salesmen"", defined by the Secretary of Labor (""Secretary"") as an employee whose primary duty is making sales or obtaining contracts and who is primarily and regularly engaged outside of the employer's office. Christopher and Buchanan filed suit in August of 2008, alleging that Glaxo's practice of requiring overtime work without additional pay violated the FLSA's overtime provisions. Both parties filed for summary judgment, and the district court found for Glaxo, agreeing that the plaintiffs fell within the FLSA's ""outside salesman"" exception. +The U.S. Court of Appeals for the the Ninth Circuit affirmed the district court's ruling. The Secretary filed an amicus curiae brief in support of Christopher and Buchanan's position, arguing that when a PSR promotes pharmaceutical products but does not receive items of value in exchange for those products, he does not fall within the ""outside salesman"" exception to the FLSA. The court rejected the Secretary's argument, however, reasoning that this definition is a simple parroting of the Congressional statute; such definitions require less deference by courts because they are not interpretive. Instead, the court pointed to Christopher and Buchanan's training in sales --and their experience in sales as a qualification for employment by Glaxo-- as evidence of their status as ""outside salesmen."" The court noted that the pharmaceutical industry self-regulated marketing to doctors much like other industries self-regulate direct-to-consumer marketing. +" +TEST_0900,Russell,United States,"At the conclusion of an undercover drug investigation, Richard Russell was arrested by Washington police and eventually convicted in a district court for drug manufacturing crimes. Russell challenged his conviction as the result of unconstitutional entrapment practices, since an undercover agent supplied him with an essential ingredient of his drug manufacturing operation. On appeal from an adverse Court of Appeals decision, the Supreme Court granted the government certiorari. +" +TEST_0901,"Edmund G. Brown, Jr., Governor of California, et al.","Marciano Plata, et al.","The Prison Law Office in Berkeley, Calif., filed a class-action lawsuit in April 2001 on behalf of Marciano Plata and several other prisoners, alleging that California prisons were in violation of the Eighth Amendment to the Constitution, which bans ""cruel and unusual punishment."" Following a lengthy trial, a special panel of three federal judges determined that serious overcrowding in California's 33 prisons was the ""primary cause"" for violations of the Eighth Amendment. The court ordered the release of enough prisoners so the inmate population would come within 137.5 percent of the prisons' total design capacity. That amounts to between 38,000 and 46,000 inmates being released. +" +TEST_0902,Georgia,Waller,"Acting under court authorization, Georgia police placed wiretaps on a number of phones and conducted searches pursuant to an investigation of illegal gambling. A number of people were indicted as a result of the investigation. The defendants moved to suppress the wiretaps and the evidence seized during the searches. Because the wiretap evidence related to alleged offenders not then on trial, Georgia moved to close to the public any hearing on the motion to suppress. A trial court upheld Georgia's move to close the hearing. +" +TEST_0903,William G. Barr,Linda A. Matteo and John J. Madigan,"Linda Matteo and John Madigan created a plan for utilizing $2.6 million in funds from the Office of Housing Expediter. The Office’s commission was coming to an end, and the plan involved firing and rehiring employees on a temporary basis until the life of the Office was extended or ended. William G. Barr, general manager of the Office, vehemently opposed the plan, and several Senators attacked the plan on the Senate floor. Barr decided to suspend Matteo and Madigan. He issued a press release explaining his reasons. Matteo and Madigan sued for libel based on the statements in the press release. + In certain circumstances, government officials are protected from civil suits for actions done in the scope of their official duties though absolute or qualified privilege. The district court ruled in favor of Matteo and Madigan, rejecting Barr’s claim that his statements were protected by privilege. The U.S. Court of Appeals for the District of Columbia Circuit affirmed, considering only absolute privilege. The U.S. Supreme Court vacated and remanded so the court of appeals could consider qualified privilege. On remand, the court of appeals held that qualified privilege existed, but was defeated due to Barr’s malice. The court remanded the case to district court for a new trial. +" +TEST_0904,Waller,Georgia,"Acting under court authorization, Georgia police placed wiretaps on a number of phones and conducted searches pursuant to an investigation of illegal gambling. A number of people were indicted as a result of the investigation. The defendants moved to suppress the wiretaps and the evidence seized during the searches. Because the wiretap evidence related to alleged offenders not then on trial, Georgia moved to close to the public any hearing on the motion to suppress. A trial court upheld Georgia's move to close the hearing. +" +TEST_0905,United States,Dusenbery,"While Larry Dean Dusenbery was in prison on federal drug charges, the Federal Bureau of Investigation (FBI) began an administrative process to forfeit cash that officers seized when they executed a search warrant for the residence where he was arrested. The FBI sought to notify Dusenbery by sending certified mail addressed to him care of the federal correctional institution where he was incarcerated; to the address of the residence where he was arrested; and to an address in the town where his mother lived. The FBI received no response in the time allotted and turned over the cash to the United States Marshals Service. When Dusenbery moved for the return of all the property and funds seized in his criminal case, the District Court denied the motion. On remand, the District Court ruled that the Government's sending of notice by certified mail to Dusenbery's place of incarceration satisfied his due process rights as to the cash. The Court of Appeals affirmed. +" +TEST_0906,United States,Thomas Carr,"An Indiana federal district court convicted Thomas Carr of violating the Sex Offender and Registration and Notification Act. The Act imposes penalties on anyone who is a convicted sex offender, and traveling in interstate or foreign commerce, knowingly fails to register as a sex offender, unless he proves that ""uncontrollable circumstances"" prevented him from doing so. On appeal, Carr argued that he did not violate the act because he traveled before the Act was passed. The Seventh Circuit held that the Act does not require that the defendant's travel postdate its enactment, and, consequently, affirmed the district court. +" +TEST_0907,United States,Cecil Ray Price,"On June 21, 1964 Cecil Ray Price, a sheriff’s deputy, detained three civil rights workers, Michael Henry Schwerner, James Earl Chaney, and Andrew Goodman, in the Neshoba County Jail, in Philadelphia, Mississippi. That night, Price released all three men from custody, and then drove his police cruiser to intercept them on Mississippi Highway 19. Price accosted the three men, placed them in his police car, and then drove them down an unpaved road. There Price and seventeen other men, including both local citizens and members of the Philadelphia, Mississippi Police Department, executed the three men and dumped their bodies in a construction site. All eighteen defendants were subsequently arrested and were indicted by a Grand Jury on January 15, 1965 for violating federal statutes. The first statute, 18 U.S.C.S. 241, dealt with criminal conspiracies. The second statute, 18 U.S.C.S. 242, criminalized anyone acting under the color of law from depriving any of the rights, privileges, or immunities guaranteed by the Constitution. The United States District Court for the Southern District of Mississippi dismissed the charges for violating 18 U.S.C.S. 242 against the non-police officer defendants, claiming that the indictment did not state an actual offense against the United States. This appeal followed.  +" +TEST_0908,United States,Hohn,"Arnold Hohn was convicted, among other things, of using or carrying a firearm during and in relation to a drug trafficking offense. Two years after his conviction became final, the Supreme Court decided that the term ""use"" in 18 U.S.C. Section 924(c)(1) required active employment of the firearm. Hohn filed a pro se motion under 28 U.S.C. Section 2255 to vacate his Section 942(c)(1) conviction on the ground that the evidence presented at his trial was insufficient to prove use of a firearm. While his motion was pending before the district court, Congress enacted the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which requires a Section 2255 petitioner to obtain a certificate of appealability from a circuit justice or judge before he can appeal the denial of a Section 2255 petition. 28 U.S.C. Section 2253(c)(1). The district court denied Hohn's petition and he appealed. The court of appeals treated the notice of appeal as an application for a certificate of appealability, and a three-judge panel declined to issue a certificate. Hohn then petitioned the Supreme Court for a writ of certiorari to review the denial of the certificate, seeking to invoke the Court's jurisdiction under 28 U.S.C. Section 1254(1). +" +TEST_0909,"F. Hoffmann-La Roche Ltd, et al.","Empagran S.A., et al.","Under the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA), the Sherman Act (which regulates monopolies and attempts to unfairly raise prices) does not apply to foreign commerce unless that commerce significantly harms domestic commerce, American imports, or American exporters. In this case, several companies that purchase and resell vitamins sued several vitamin manufacturers for illegal attempts to raise prices, both within the United States and in foreign countries. The manufacturers asked the district judge to dismiss several of the vitamin purchasers from the case because they only did business in other countries and, the manufacturers argued, could therefore not bring claims under the Sherman Act. The purchasers countered that the foreign price-fixing attempts were linked to the domestic attempts and could therefore be heard under the exception to the FTAIA. The district court sided with the manufacturers. On appeal, a D.C. Circuit Court of Appeals panel reversed, finding that the price fixing schemes were independent of each other but that Congress' intent had been to prevent price-fixing both at home and abroad, and that even the foreign claims could therefore be brought under the exception to the FTAIA. +" +TEST_0910,Leroy Carhart et al.,"Alberto R. Gonzales, Attorney General","In 2003, Congress passed and the President signed the Partial-Birth Abortion Ban Act. The controversial concept of partial-birth abortion is defined in the Act as any abortion in which the death of the fetus occurs when ""the entire fetal head [...] or [...] any part of the fetal trunk past the navel is outside the body of the mother."" Dr. Leroy Carhart and other physicians who perform late-term abortions sued to stop the Act from going into effect. The plaintiffs argued that the Act could apply to a more common abortion procedure known as ""D&E"" (""dilation and evacuation""), as well as to the less common ""intact D&E,"" sometimes called D&X (""dilation and extraction""). With this application the Act would ban most late-term abortions and thus be an unconstitutional ""undue burden"" on the right to an abortion, as defined by the Supreme Court in Planned Parenthood v. Casey. The plaintiffs also argued that the Act's lack of an exception for abortions necessary to protect the health of the mother rendered it unconstitutional under the Supreme Court's decision in Stenberg v. Carhart, regardless of Congress's finding in the Act that partial-birth abortions are never medically necessary. +A federal District Court agreed and ruled the Act unconstitutional on both grounds. The government appealed to the Court of Appeals for the Eighth Circuit. The government argued that the Act only bans a narrow category of abortion procedures, and that a health exception is not required when Congress determines that a banned abortion procedure is never necessary for the health of the mother. The Eighth Circuit disagreed and upheld the District Court, ruling that a health exception is required for all bans on abortion procedures when ""substantial medical authority"" supports the necessity of the procedure. The Circuit Court ruled that the ongoing disagreement among medical experts over the necessity of intact D&E abortions was sufficient to establish that the Act was unconstitutional without a health exception. The Circuit Court did not reach the question of whether the Act was so broad as to qualify as an unconstitutional ""undue burden."" +" +TEST_0911,"Charles E. Samuels, Jr., et al.",Antoine Bruce,"Several prisoners housed in the Special Management Unit (SMU) of the Federal Correctional Institution in Talladega, which is for gang-affiliated and other disruptive inmates, sued Bureau of Prisons (BOP) officials and claimed that SMUs violated the Eighth Amendment. Because SMUs housed gang-affiliated prisoners, the petitioners argued that the SMUs were unconstitutionally violent and dangerous because the BOP officials did not separate members of rival gangs. The prisoners moved to proceed in forma pauperis, which would allow them to waive filing fees. The parties then engaged in extensive back-and-forth filings regarding the collection of filing fees and the ability of other prisoners to join in the case. The U.S. Court of Appeals for the District of Columbia Circuit held that the Prison Litigation Reform Act prevented the prisoners from completely waiving filing fees, and that they instead must pay a percentage of their monthly income to cover filing fees. +" +TEST_0912,"United States, et al.","Francis A. Orff, et al.","The Westlands Water District received water from the U.S. Bureau of Reclamation under a 1963 contract. In 1993 Westlands sued the district for reducing their water supply. California farmers who had bought water from Westlands also sued the bureau, intervening as plaintiffs. After negotiations Westlands agreed to dismiss their suit. But the farmers refused to drop theirs, accusing the bureau of breach of contract. The farmers claimed that as third-party beneficiaries they could enforce the contract and that the United States had waived its sovereing immunity from such suits in the Reclamation Reform Act of 1982. That act allowed parties ""to join the United States as a necessary party defendant in any suit"" over rights under a federal reclamation contract. The district court held that the farmers were not contracting parties or third-party beneficiaries and thus could not invoke the waiver. The Ninth Circuit affirmed that decision. +" +TEST_0913,"Ohio Forestry Association, Inc.",Sierra Club,"Pursuant to the National Forest Management Act of 1976 (NFMA), the United States Forest Service developed a Land and Resource Management Plan for Ohio's Wayne National Forest. The Plan sets logging goals, selects the areas suited to timber production, and determines which probable methods of timber harvest are appropriate, but it does not itself authorize the cutting of any trees. Ultimately, the Sierra Club filed suit, alleging that erroneous analysis leads the Plan wrongly to favor logging and clearcutting. The District Court granted the Forest Service summary judgment, finding that the Forest Service had acted lawfully in making the various challenged determinations. In reversing, the Court of Appeals, finding both that the Sierra Club had standing to bring suit, and that since the suit was ""ripe for review,"" there was no need to wait ""until a site-specific action occurs,"" held that the Plan improperly favored clearcutting and therefore violated the NFMA. +" +TEST_0914,Howe,Varity Corporation,"Charles Howe and others used to work for Massey-Ferguson, Inc., a farm equipment manufacturer, and a wholly owned subsidiary of the Varity Corporation. These employees all were participants in, and beneficiaries of, Massey-Ferguson's self-funded employee welfare benefit plan, an Employee Retirement Income Security Act of 1974 (ERISA protected plan that Massey- Ferguson administered itself. When certain divisions in Massey-Ferguson stared losing money, Varity decided to transfer them to a separately incorporated subsidiary, Massey Combines. Varity also persuaded the employees of the failing divisions to change employers and benefit plans, conveying the message that employees' benefits would remain secure when they transferred. Ultimately, the employees lost their nonpension benefits. The employees filed an action under ERISA, claim that Varity, through trickery, had led them to withdraw from their old plan and forfeit their benefits. The District Court found that Varity and Massey-Ferguson, acting as ERISA fiduciaries, had harmed plan beneficiaries through deliberate deception, which gave the employees to right to relief, including the reinstatement to the old plan. The Court of Appeals affirmed. +" +TEST_0915,"Eric H. Holder, Jr.",Joel Judulang,"Joel Judulang was born on June 26, 1966 in the Philippines, but claims that he obtained derivative citizenship through his parents. Judulang entered the United States in 1974 at the age of eight and has continuously resided in the United States for 36 years. His parents are naturalized citizens. He has a 14-year-old daughter who is also a native-born citizen of the United States, as are his four nephews and two nieces. His two sisters are also U.S. citizens. However, Judulang's parents did not seek to obtain citizenship for him before he turned 18. +In 1988, when Judulang was 22, he was involved in a fight in which another person shot and killed someone. Although Judulang was not the shooter, he was charged as an accessory. He pled guilty to voluntary manslaughter. Due to his minor involvement in the crime and his cooperation with authorities, Judulang was given a suspended sentence of six years. He was released on probation immediately following his plea. On June 10, 2005, the government commenced deportation proceedings against Judulang as a result of his conviction for voluntary manslaughter, which is an aggravated felony ""crime of violence."" The Board of Immigration Appeals affirmed the deportation order, though it did not affirm the immigration judge's reasoning. Instead, it ruled that because Judulang was removable for a ""crime of violence"" aggravated felony, he was categorically ineligible for a Section 212(c) waiver. +A panel of the United States Court of Appeals for the Ninth Circuit denied Judulang's petition for review. His petition for rehearing and rehearing en banc was denied, but Justice Anthony Kennedy stayed the judgment of the Ninth Circuit pending the filing of a petition for certiorari. +" +TEST_0916,National Labor Relations Board,"Allentown Mack Sales & Service, Inc.","In 1990, Mack Trucks, Inc., sold its Allentown, Pennsylvania, branch to Allentown Mack Sales, Inc. A number of Mack employees made statement to the new owners suggesting that Local Lodge 724 of the International Association of Machinists and Aerospace Workers, AFL-CIO, had lost the support of bargaining-unit members generally. Subsequently, Allentown refused Local 724's request for recognition and commencement of collective-bargaining negotiations. Allentown, under a National Labor Relations Board (NLRB) precedent, claimed a good-faith reasonable doubt as to the union's support in order to conduct an internal poll of employee support for the union. The employees voted 19 to 13 against the union. Local 724 then filed an unfair-labor-practice charge with the NLRB. Ultimately, an Administrative Law Judge held that Allentown's poll was conducted in compliance with procedural standards, but that Allentown did not have an ""objective reasonable doubt"" about the majority status of the union. The Court of Appeals enforced the NLRB's order for Allentown to recognize and bargain with Local 724. +" +TEST_0917,Scott D. Cheever,State of Kansas,"On January 19, 2005, Scott D. Cheever shot and killed Greenwood County Sheriff Matthew Samuels at the residence of Darrell and Belinda Coopers in Hilltop, Kansas. Samuels had gone to the Coopers' residence based on a tip to arrest Cheever for outstanding warrants. He found the Coopers, Cheever, and two others cooking and ingesting methamphetamines. In the following attempts to arrest Cheever and retrieve the injured Samuels, Cheever also shot at several other officers. +At trial, Cheever asserted a voluntary intoxication defense and argued that the methamphetamine use rendered him mentally incapable of the premeditation required for murder. During the course of the trial, the judge ordered Cheever to undergo a psychiatric examination conducted by a psychiatric hired by the government. The prosecution sought to bring the transcript of the interview into evidence to impeach Cheever's testimony regarding the order of events at the Coopers' residence, which the court allowed. After the defense rested their case, the prosecution called the psychiatrist to the stand as a rebuttal witness to respond to the defense's claims regarding Cheever's mental capacity at the time of the crime. The trial court allowed the psychiatrist's testimony as a rebuttal witness. The jury found Cheever guilty and, at a separate sentencing hearing, sentenced him to death. The Kansas Supreme Court held that the admission of the government psychiatrist's testimony into evidence violated Cheever's Fifth Amendment rights. +" +TEST_0918,"Jill L. Brown, Warden",William Charles Payton,"A California court sentenced William Payton to death for murder and attempted murder. Payton appealed and alleged the jury, when imposing the death penalty, did not consider the potentially mitigating evidence of his post-crime religious conversion. California's death penalty statute required jurors to weigh 11 factors when imposing a death penalty. The first 10 factors were specific to the crime and the eleventh factor was a ""catch-all factor"" that allowed the judge or jury to consider any other circumstance the defendant presented in mitigation of a death sentence. Payton alleged the judge's jury instructions effectively prevented the jury from considering his post-crime religious conversion. The California Supreme Court ruled there was nothing wrong with the judge's jury instructions. A federal district court and the Ninth Circuit Court of Appeals agreed with Payton and reversed the death sentence. The Ninth Circuit said the California Supreme Court's application of U.S. Supreme Court precedent was objectively unreasonable. According to the Ninth Circuit, the clearly established precedent required juries to consider mitigating post-crime evidence when considering a death sentence. +" +TEST_0919,"Gilberto Alvez, Joseph Vinal Ship Maintenance, Inc.","American Export Lines, Inc.","Gilberto Alvez was a seaman on vacation from his regular trade. He was moonlighting for Joseph Vinal Ship Maintenance, Inc. as a harbor worker on the SS Export Builder, a vessel owned by American Export Lines, Inc (“AELI”). On October 13, 1972, while the SS Export Builder was in New York waters, the handle of a defective tension jack struck Alvez in the eye. He completely lost his right eye in the accident. He also suffered from depression as a result of the accident and his injuries. +Alvez sued AELI in New York, claiming damages resulting from AELI’s negligence and the unseaworthiness of their ship. Alvez then moved to add his wife, Juanita Alvez, as a party plaintiff, claiming that his injuries deprived her of the benefits of their marriage. +The Merchant Marine Act of 1920 (“Jones Act”) created several classes of sea workers, allowing a wider breadth of causes of action for those injured within the United States’ territorial waters. It did not, however, specifically provide a cause of action for loss of consortium for spouses. Similarly, the Death on the High Seas Act of 1920 (“DOHSA”) did not create a specific right to a cause of action for loss of consortium. The district court denied the claim for loss of consortium. The appellate court reversed, noting that while such motions were not available in some maritime law cases, the Supreme Court in Sea-Land Servs. v. Gaudet allowed a decedent’s dependents to recover for loss of society in a wrongful death maritime law claim. Thus, there is no clear precedent prohibiting claims of loss of consortium from nonfatal injuries. +New York’s Court of Appeals affirmed the judgment of the appellate court. It rejected AELI’s use of Igneri v. Cie. De Transports Oceaniques, a U.S. Court of Appeals Second Circuit decision holding that the spouse of an injured longshoreman had no cause of action for loss of consortium. It noted that most states now allowed a spouse to state a cause of action for loss of consortium. It also reasoned that the heavy burden now placed on Juanita Alvez as a marriage partner justified allowing her to sue for damages. +" +TEST_0920,Taxation With Representation of Washington,"Donald Regan, Secretary of the Treasury","Two non-profit groups merged to form the group Taxation With Representation of Washington (TWR). One of the original groups obtained 501(c)3 status from the Internal Revenue Service (IRS), which allowed donors to make tax-deductible donations to it. Because the other group participated in political lobbying, it did not qualify for 501(C)(3) status and could not offer tax-deductible donations. Since the newly formed TWR also participated in ""substantial lobbying,"" the IRS denied it tax-deduction privileges. TWR alleged in District Court that the IRS's ""substantial lobbying"" restriction for 501(C)(3) status violated its First Amendment rights by imposing an ""unconstitutional burden"" on its ability to receive tax-deductible donations. TWR also argued that the restriction violated its Fifth Amendment equal protection rights since veterans' organizations that lobbied extensively could receive tax-deductible donations. The District Court dismissed the complaint but the Court of Appeals for the District of Columbia ruled that the ""substantial lobbying"" restriction did impair TWR's Fifth Amendment equal protection rights. +" +TEST_0921,North Carolina,Willie Thomas Butler,"An FBI officer read Willie Thomas Butler his rights under Miranda v Arizona after arresting him on a federal warrant. At Butler’s interrogation, the officer gave Butler an “Advice of Rights” form and asked him to sign it to indicate that he understood his rights. Butler refused to sign the waiver portion of the form, but indicated that he would like to talk to the officer. Butler did not ask for an attorney. Butler proceeded to make incriminating statements, which were introduced as evidence at trial. Butler moved to suppress the evidence, but the trial court denied the motion. The court held that Butler had effectively waived his right to an attorney when he spoke with the FBI officer after indicating that he understood his rights. The jury found Butler guilty of kidnapping, armed robbery, and felonious assault. On appeal, the Supreme Court of North Carolina reversed the convictions and ordered a new trial, holding that statements made under interrogation are not admissible without an express waiver of rights. +" +TEST_0922,Norman Carpenter,"Mohawk Industries, Inc.","In 2006, Norman Carpenter, a Shift Supervisor at a Mohawk Industry manufacturing facility, was fired after violating Mohawk's Code of Ethics. He subsequently filed suit for wrongful termination in a Georgia federal district court. He argued that he was fired, not for violating company protocols, but for reporting immigration violations to Mohawk's human resources department. Mr. Carpenter stated that after filing his report, a Mohawk company attorney met with him and attempted to persuade him to recant. The report would have been detrimental to Mohawk as it was then involved in a class action lawsuit which charged the company with conspiring to hire illegal immigrants. +Before trial and as part of discovery, Mr. Carpenter requested information from Mohawk related to his meeting with its attorney. Mohawk contended that the information was protected by the attorney-client privilege. The federal district court ordered Mohawk to disclose the information, but permitted the company to appeal. On appeal, the U.S. Court of Appeals for the Eleventh Circuit held that it lacked jurisdiction to review the order for discovery. It reasoned that while the Supreme Court's decision in Cohen v. Beneficial Industrial Loan Corp. provided an exception to the finality requirement necessary for an appellate court to have jurisdiction over appeals, the appeal of a discovery order involving attorney-client privilege did not qualify for exception. +" +TEST_0923,State of Louisiana,Robert McCoy,"Robert McCoy was arrested on May 9, 2008, for the first-degree murders of the son, mother, and step-father of his estranged wife in a May 5, 2008, shooting. On May 15, 2008, McCoy was found to be indigent and appointed a public defender. Throughout his representation by the public defender and his subsequent representation by retained counsel McCoy maintained his innocence and repeatedly stated his desire to plead not guilty. In December 2009, McCoy moved for his public defender to be removed due to his belief that the public defenders were doing nothing to assist him in proving his innocence. The court granted McCoy’s motion to represent himself until he could find substitute counsel. McCoy subsequently found new counsel to represent him, and his counsel advised him to take a plea. When McCoy refused to take a plea, his counsel notified him that he intended to concede guilt, after which time McCoy moved to discharge him. The court denied McCoy’s motion to discharge his attorney as untimely. His counsel proceeded to concede McCoy’s guilt and argued for verdicts of second-degree murder on a theory of diminished capacity. The jury returned a verdict of first-degree murder on all three counts and recommended the death penalty. +The Louisiana Supreme Court denied the appeal and affirmed the convictions and the sentence, reasoning that defense counsel’s failure to follow McCoy’s direction not to concede guilt did not deny Mr. McCoy the assistance of counsel or create a conflict of interest because it did not completely abdicate the defense. Rather, the decision to concede guilt was a strategic choice by counsel. +  +" +TEST_0924,Clark County School District,Breeden,"Under Title VII of the Civil Rights Act of 1964, it is unlawful ""for an employer to discriminate against any of his employees...because [the employee] has opposed any practice made an unlawful employment practice by [Title VII], or because [the employee] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII]."" Shirley Breeden alleged that, during a review of job applicant files in 1994, a male co-worker's vocal reaction to an applicant's psychological evaluation report constituted sexual harassment. Moreover, Breeden alleged that she suffered from adverse employment actions for complaining about the about the alleged harassment. Breeden claimed she was transferred about a month later to a job with less supervisory authority. In 1997, Breeden filed a retaliation claim against Clark County School District. The District Court granted summary judgment for the school district. A panel of the Court of Appeals reversed. +" +TEST_0925,Kentucky,Kevin Stanford,"At 17 years old, Kevin Stanford was convicted by a Kentucky jury of murder, sodomy, robbery, and the receipt of stolen property. Stanford was sentenced to death under a state statute which permitted juvenile offenders to receive the death penalty for Class A felonies or capital crimes. Stanford appealed his sentence and his case was consolidated with that of Wilkins v. Missouri, involving a 16 year old's appeal of his death sentence following a conviction for murder in Missouri. Both Stanford and Wilkins alleged that the imposition of the death penalty on offenders as young as themselves violated their constitutional rights. +" +TEST_0926,Artuz,Bennett,"In 1984, after firing two bullets at police during a car chase, Tony Bruce Bennett was convicted of attempted murder, among other crimes. Bennett moved pro se to vacate his judgment of conviction in 1995. A New York trial court orally denied Bennett's motion. Bennett claimed that he never received a copy of a written order reflecting the denial. In 1998, Bennett filed a federal habeas corpus petition alleging violations of his rights to present witnesses in his defense and to a fair trial, to be present at all material stages of the trial, and to the effective assistance of counsel. The Federal District Court dismissed Bennett's federal habeas corpus petition as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which set a 1-year period of limitation on federal habeas corpus applications by state prisoners. In reversing, the Court of Appeals held that Bennett's habeas petition was not time-barred because his 1995 motion was still pending, under the AEDPA's tolling provision, since he had never received notification of the state's decision regarding it. Thus, the time for appealing the denial of that motion had not yet expired. Additionally, the court found that the 1995 motion was a ""properly filed"" application, even though the claims contained in the motion were procedurally barred under two New York statutory provisions. +" +TEST_0927,United States,"Mobil Oil Exploration & Producing Southeast, Inc.","In 1981, Mobil Oil Exploration & Producing Southeast, Inc. and Marathon Oil Co. both paid the Federal Government over $150 million in return for the rights to explore for and develop oil off the coast of North Carolina, provided that the companies received exploration and development permissions in accordance with the Outer Continental Shelf Lands Act (OCSLA), the Coastal Zone Management Act of 1972 (CZMA), and the regulations promulgated pursuant to OCSLA and CZMA. In 1990, the companies submitted an exploration plan, as required by OCSLA and CZMA, to the Department of the Interior for approval. Thereafter, the Outer Banks Protection Act (OBPA) became effective. The OBPA prevented the Secretary of the Interior from approving the exploration plan for at least 13 months. The state of North Carolina then objected to certification of the companies' plans under the CZMA. Before the Secretary of Commerce rejected Mobil's request to override North Carolina's objection, the companies filed a breach-of-contract lawsuit. In granting summary judgement for the companies, the Court of Federal Claims found that the Federal Government had broken its contractual promise to follow OCSLA's requirement to approve an exploration plan that satisfied OCSLA's requirements within 30 days of the plan's submission, which constituted the repudiation of the contract and entitled the companies to restitution of the payments. In reversing, the Court of Appeals concluded that the Federal Government's refusal to consider the companies' final exploration plan was not the operative cause of any failure to carry out the contracts' terms, because North Carolina's objection would have prevented the companies from exploring. +" +TEST_0928,Thedrick Edwards,"Darrel Vannoy, Warden","Thedrick Edwards was sentenced to life in prison for the commission of several robberies and rape in 2006. At Edwards’s trial, the state used its challenges to exclude all but one African American juror from the jury, and at least one person voted to acquit Edwards, a black man, on each count. At the time, Louisiana permitted conviction by a 10-2 vote, so Edwards’s conviction became final in 2010. +On April 20, 2020, the U.S. Supreme Court decided Ramos v. Louisiana, holding that the Sixth Amendment establishes a right to a unanimous jury in both federal and state courts. Edwards argues that he would not have been convicted if he had been prosecuted in one of 48 other states or by the federal government, rather than in Louisiana. +" +TEST_0929,"District Attorney's Office for the Third Judicial District, et al.",William G. Osborne,"In March 1994, William Osborne was convicted of kidnapping, assault, and sexual assault in an Alaska state court. After his conviction, Mr. Osborne sought access to biological evidence that was used to convict him. He intended to use DNA testing that was not available at the time of the trial to prove he was not the source. The District Attorney's Office (D.A.O.) in Anchorage denied access. Mr. Osborne subsequently filed suit in a federal district court under 42 U.S.C. § 1983 against the D.A.O. alleging that his 14th Amendment due process rights had been violated when he was denied post-conviction access to potentially exculpatory evidence. +The district court granted the D.A.O.'s motion to dismiss and Mr. Osborne appealed. The United States Court of Appeals for the 9th Circuit reversed and remanded the case. On remand, the district court granted summary judgment for Mr. Osborne. The D.A.O. appealed arguing that Mr. Osborne need show the disclosure of evidence would ""affirmatively prove that he is probably innocent"" in order to gain access. Further, it argued that an oral confession given by Mr. Osborne after his conviction precluded him from pursuing post-conviction relief. +The United States Court of Appeals for the 9th Circuit affirmed the district court. It held that Mr. Osborne had a limited due process right of access to the biological evidence for purposes of DNA testing. The court dismissed the D.A.O.'s arguments. It reasoned that Mr. Osborne need merely show that favorable DNA results would afford a ""reasonable probability"" that he could prevail in an action for post-conviction relief. Further, it found that Mr. Osborne's oral confession did not foreclose his pursuit of post-conviction relief, as exculpating evidence would raise serious questions about the validity of his confession. +" +TEST_0930,"C. & L. Enterprises, Inc.",Citizen Band Potawatomi Indian Tribe of Oklahoma,"The Citizen Band Potawatomi Indian Tribe of Oklahoma, a federally recognized Tribe, entered into a contract with C & L Enterprises, Inc., for the installation of a roof on a Tribe-owned building in Oklahoma. The property rests outside the Tribe's reservation and is not held in trust by the Federal Government for the Tribe. The contract contains clauses requiring disputes arising out of the contract to be decided by arbitration and a choice-of-law clause that reads: ""The contract shall be governed by the law of the place where the Project is located."" Thus, Oklahoma law governed the contract. After the contract was executed, but before performance commenced, the Tribe retained another company to install the roof. C & L then submitted an arbitration demand. The Tribe asserted sovereign immunity. The arbitrator awarded C & L a monetary award. Ultimately, the Oklahoma Court of Civil Appeals held that the Tribe was immune from suit. The court noted that the contract seemed to indicate the Tribe's willingness to expose itself to suit on the contract, but concluded that the Tribe had not waived its suit immunity with the requisite clarity. +" +TEST_0931,Mark J. Abrams,"City of Rancho Palos Verdes, California, et al.","Rancho Palos Verdes, a city in California, gave Mark Abrams a permit to construct an antenna on his property for amateur use. But when the city learned Abrams used the antenna for commercial purposes, the city forced Abrams to stop until he got a commercial use permit. Abrams applied and the city refused to give him the permit. Abrams then sued in federal district court, alleging the city violated his rights under the Telecommunications Act of 1996. Abrams sought damages under a federal liability law that allowed people to sue for damages for federal rights violations. +The district court agreed with Abrams and ordered the city to give Abrams the permit. But the court refused Abrams' request for damages under the separate federal liability law. The court said Congress intended for violations of rights under the Telecommunications Act to include only remedies specifically found in that act. The Ninth Circuit Court of Appeals reversed and ruled that because the act did not contain a ""comprehensive remedial scheme,"" Abrams could seek damages under other federal laws. +" +TEST_0932,"Auciello Iron Works, Inc.",National Labor Relations Board,"The day after Auciello Iron Works' contract offer was accepted by its union employees' collective-bargaining representative, Auciello disavowed the agreement because of a good-faith doubt, based on knowledge acquired before the offer's acceptance, that a majority of employees supported the Union. The National Labor Relations Board (NLRB) ruled that Auciello's withdrawal was an unfair labor practice in violation of the National Labor Relations Act and ordered that the agreement be reduced to a formal written instrument. The Court of Appeals enforced the order as reasonable after the NLRB issued a supplemental opinion to justify its refusal to consider Auciello's defense of good-faith doubt about the Union's majority status. +" +TEST_0933,United States,Swidler & Berlin,"During the 1993 investigation of the White House Travel Office (""Travelgate""), Deputy White House Counsel Vincent W. Foster, Jr., met with an attorney from Swidler & Berlin's law firm named James Hamilton. Nine days later, Foster committed suicide. During a subsequent investigation into the legalities of Travelgate, Independent Counsel Kenneth Starr subpoenaed Hamilton's notes about his meeting with Foster. When Swidler & Berlin challenged Starr's subpoena as a violation of the attorney-client privilege, a district court agreed. On appeal from an appellate court reversal, the Supreme Court granted certiorari. +" +TEST_0934,"Christian Legal Society Chapter of the University of California, Hastings College of the Law, aka Hastings Christian Fellowship","Leo P. Martinez, et al.","The Christian Legal Society Chapter of the University of California, Hastings College of Law (CLS) filed suit against the university in a California federal district for violating its First Amendment rights. The Hastings College of Law failed to recognize the CLS as an official student organization because state law requires all registered student organizations to allow ""any student to participate, become a member, or seek leadership positions, regardless of their status or beliefs."" In contrast, CLS requires its members to attest in writing that ""I believe in: The Bible as the inspired word of God; The Deity of our Lord, Jesus Christ, God's son; The vicarious death of Jesus Christ for our sins; His bodily resurrection and His personal return; The presence and power of the Holy Spirit in the work of regeneration; [and] Jesus Christ, God's son, is Lord of my life."" The district court dismissed the case. +On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed, holding that the school's conditions on recognizing student groups were viewpoint neutral and reasonable. Therefore, the school's conditions did not violate the CLS's First Amendment rights. +" +TEST_0935,"Greg Abbott, et al.","Shannon Perez, et al.","Individual voters in Texas, along with organizations representing Latinos and African Americans, filed a number of lawsuits in 2011, challenging the Texas legislature’s congressional and state house redistricting plans. The actions were consolidated and proceed in the U.S. District Court for the Western District of Texas (“Texas District Court”). The plaintiffs alleged racial gerrymandering in violation of § 2 of the Voting Rights Act (VRA) as well as the 14th and 15th Amendments to the United States Constitution. At that time Texas was bound by the preclearance requirements under § 5 of the VRA, and therefore the State simultaneously filed an action in the U.S. District Court for the District of Columbia (“D.C. District Court”) seeking preclearance of the redistricting plans.  +While trial proceedings were pending in both district courts, the 2012 primary elections were approaching. As a result, the Texas District Court assumed the task of implementing interim redistricting plans, which it did on an expedited basis, without access to all relevant facts, and with the understanding that most parties to the litigation alleged that those plans contained many of the same statutory and constitutional infirmities as the challenged plans. The U.S. Supreme Court vacated the first iteration of the interim maps on the grounds that the court had not been sufficiently deferential to the legislature; the Texas District Court issued more deferential plans in February 2012.  +The D.C. District Court subsequently denied preclearance to the proposed redistricting plans on the basis that they were enacted with discriminatory intent and had the effect of abridging minority voting rights. Texas appealed this decision to the U.S. Supreme Court. +After the Texas District Court’s interim maps were used for the 2012 elections, the Texas legislature failed to take any action on redistricting in the 2013 regular session. However, it convened a special session during which it adopted, among others, the Texas District Court’s congressional interim map (“Plan C235”) without any changes. The governor subsequently signed the legislation adopting this plan. +In June 2013, the U.S. Supreme Court decided Shelby County v. Holder, which removed the § 5 preclearance requirements from the VRA. Texas was therefore no longer automatically subject to preclearance requirements, and the U.S. Supreme Court later vacated and remanded for further proceedings the D.C. District Court’s preclearance decision, which the lower court then dismissed as moot. +The defendants subsequently sought to dismiss the plaintiffs’ claims in the Texas District Court for lack of subject matter jurisdiction on the basis that the case had become moot. In response, the plaintiffs expressed their desire to amend their complaints regarding the 2011 plans and to challenge the 2013 plans. The court granted them leave to amend, and denied the State’s motions to dismiss. The court explained that the plaintiffs’ claims regarding the 2011 plans were not moot because, inter alia, the plaintiffs continued to be harmed by them. The court also ordered that the 2013 plans, which included Plan C235, be used for the 2014 elections. The plaintiffs then filed their amended complaints, including claims related to both the 2011 and 2013 plans. Most plaintiffs included claims that Plan C235 violated § 2 of the VRA and the 14th and 15th Amendments. +The Texas District Court held trials on the 2011 plans in 2014, and found that they violated certain aspects of § 2 of the VRA and the 14th Amendment. In the ongoing litigation, the plaintiffs contended that the 2013 plans, including Plan C235, included some of the same elements that the court determined were the result of discriminatory intent or statutory or constitutional violations as in the 2011 plans. +In August 2017, the Texas District Court issued an interlocutory order regarding the plaintiffs’ C235 claims. It found that the racially discriminatory intent and effects identified in the 2011 plans carried through to the 2013 plans where the redistricting lines remained the same. It explained that the legislature had adopted the court’s interim plans (which included C235) as part of a litigation strategy that was designed to insulate the plans from any further challenge. The legislature had not engaged in any deliberative process to remove the discriminatory elements from the plans before adopting them, but instead intentionally furthered and continued the discrimination in the existing plans. +The court also concluded that the configurations of CD 27 and CD 35 under Plan C235 violated § 2 of the VRA and the 14th Amendment. As to CD 27, though the court had found in 2012 that this district did not reflect a racially discriminatory purpose because it was not possible to create an additional Latino opportunity district in the region, the Texas legislature had still engaged in vote dilution. Regarding CD 35, the court stated that while C235 was enacted in 2013, the challenged district boundaries that it reflected were drawn in 2011 and found to violate § 2 of the VRA and the 14th Amendment. The court explained that the Texas legislature did not engage in any meaningful effort to cleanse the discriminatory elements from the 2013 plan before it was adopted, and in fact intended to maintain that discrimination in enacting the plan in substantially the same form.  +The court additionally found that the plaintiffs had proven a § 2 “results” violation as to CD 27, HD 32, and HD 34, and a racial gerrymandering claim as to HD 90. +The court’s order directed the Texas Attorney General to issue a written advisory within three days as to whether the legislature would convene a special session to address the issue of redistricting. If the legislature did not plan to hold a special session, the parties were ordered to appear before the court to prepare remedial redistricting plans.  +In January 2018, the U.S. Supreme Court agreed to hear the defendants’ appeal on the merits, at which time the Court would also consider the question of jurisdiction. +" +TEST_0936,Environmental Defense et al.,Duke Energy Corporation,"A 1977 amendment to the Clean Air Act created the Prevention of Significant Deterioration program (PSD), which requires power companies that want to make emissions-increasing modifications to their facilities to first apply for permits. Between 1988 and 2000, Duke Energy Corporation (Duke) made twenty-nine extensive improvements to its power plants without obtaining PSD permits. When the government, along with Environmental Defense and several other environmental groups, sued Duke, the company pointed to a PSD regulation explicitly defining ""modification"" for purposes of PSD as any change that increases the hourly rate of emissions from a facility. Duke's improvements increased the number of hours the plants remained open, and therefore also increased the total annual emissions from the plants. But since the improvements left the hourly rate of emissions unchanged, Duke argued that it did not have to obtain PSD permits. The government countered by citing the Environmental Protection Agency's current interpretation of the PSD regulations, which holds that a power company making improvements that increase the hours of operation of its plants does need to obtain a permit in all cases where construction is involved. +The District Court ruled in favor of Duke. The judge refused to rely on the EPA's current interpretation, ruling that it was inconsistent with the wording of the PSD regulations. Environmental Defense appealed to the Fourth Circuit Court of Appeals, and the Circuit Court affirmed the District Court's decision. The Fourth Circuit pointed out that the 1977 PSD amendment had taken its definition of ""modification"" directly from a 1975 Clean Air Act amendment concerning the New Source Performance Standards program (NSPS). In the 1975 amendment, the term ""modification"" explicitly excluded improvements that merely increase the hours of operation of a facility. Therefore, the Fourth Circuit held, the EPA did not have statutory authority to interpret ""modification"" differently for the PSD program. Environmental Defense appealed to the Supreme Court, with the added argument that the Fourth Circuit never should have heard the case, because challenges to Clean Air Act regulations can only be brought in the D.C. Cricuit. +" +TEST_0937,United States,"Michael Clarke, et al.","The Internal Revenue Service (IRS) served five summonses to top officers of the Dynamo Holdings Limited Partnership (Dynamo) during its investigation into the company's tax liabilities. The United States District Court for the Southern District of Florida granted enforcement of the summonses. Dynamo opposed the summonses by arguing that it was entitled to a hearing to determine whether the summonses were proper. On appeal, the U.S. Court of Appeals for the Eleventh Circuit vacated the decision that allowed the summonses to be enforced and remanded the case back to the district court for a hearing on whether the investigation was launched under an improper purpose, which would render enforcement of the summonses unlawful. +" +TEST_0938,Gerhard H. Fritz,United States Railroad Retirement Board,"In 1974 Congress passed the Railroad Retirement Act, which restructured the retirement system previously established in 1937. Under the old system, employees who were eligible for both railroad benefits and social security benefits received both, along with an additional “windfall” benefit. Since this system threatened to bankrupt the railroad retirement program, the goal of the new Act was to eliminate some of these benefits. The new Act divided employees into different classes based on their employment history as of January 1, 1975. Employees who had worked for the railroad fewer than 10 years would not receive any windfall benefit. Employees who were already retired and receiving the full benefits would continue to do so. Employees who qualified for the full benefits but had not yet retired would receive the full benefits only if they had a current connection to the railroad industry or had served for 25 years or more. Employees who did not meet these requirements received a lesser windfall benefit. +The appellee Gerhard H. Fritz was part of a plaintiff class of former railroad employees who were eligible for the windfall benefits under the old system, but who did not have a current connection to the railroad and had worked fewer than 25 years. Alleging that the Act created an irrational distinction between employees that violated the Due Process Clause, they filed a class action suit in district court. The district court held that such a distinction was not “rationally related” to the goal of ensuring the solvency of the retirement system. +" +TEST_0939,Nevada Department of Human Resources,Hibbs,"William Hibbs, an employee of the Nevada Department of Human Resources, sought leave to care for his wife under the Family and Medical Leave Act of 1993 (FMLA). The FMLA entitles an eligible employee to take up to 12 workweeks of unpaid leave annually for the onset of a ""serious health condition"" in the employee's spouse. The Department granted Hibbs's request for the full 12 weeks of FMLA leave and, after he had exhausted that leave, informed him that he must report to work by a certain date. When Hibbs failed to do so, he was fired. Pursuant to FMLA provisions creating a private right of action ""against any employer"" that ""interfered with, restrained, or denied the exercise of"" FMLA rights, Hibbs sued in Federal District Court, seeking money damages for FMLA violations. The District Court concluded that the Eleventh Amendment barred the FMLA claim. The Court of Appeals reversed. +" +TEST_0940,United States,Carter,"In 1997, Floyd J. Carter donned a ski mask and entered the Collective Federal Savings Bank unarmed. In the process, Carter pushed an exiting customer back into the bank and startled customers already inside. Carter removed almost $16,000 from the bank and fled. After his apprehension, Carter was charged with federal bank robbery, 18 USC Section 2113(a), which punishes ""[w]hoever, by force and violence, or by intimidation, takes... any... thing of value [from a] bank."" Carter pleaded not guilty, claiming that he had not taken the bank's money by force, violence, or intimidation as required of robbery. Carter moved that the District Court instruct the jury that they could consider whether he committed federal bank larceny, USC Section 2113(b), as a lesser included offense in the broader crime of robbery, in which case, Carter could be guilty of larceny without being guilty of robbery. The larceny law punishes ""[w]hoever takes and carries away, with intent to steal or purloin, any... thing of value exceeding $1,000 [from a]... bank,"" with a maximum penalty of 10 years in prison, as opposed to robbery's 20-year maximum. The District Court denied the motion. The jury, instructed on robbery alone, returned a guilty verdict. The Court of Appeals affirmed. +" +TEST_0941,Southern Ute Indian Tribe,Amoco Production Company,"Land patents issued pursuant to the Coal Lands Acts of 1909 and 1910 (the Acts) reserve all rights to the coal contained in the subject properties to the United States. The Southern Ute Indian Tribe has equitable title to coal within its reservation lands. These lands contain large quantities of coalbed methane gas (CBM gas), now considered a valuable energy source, within the coal formations. In 1981, the Department of the Interior issued an opinion that concluded that the reservation of coal under the Acts did not encompass CBM gas. Energy companies then entered into leases with landowners holding title under the Acts to produce CBM gas. The Tribe field suit against the Amoco Production Company and others, royalty owners and producers under the oil and gas leases covering that land, and various federal entities, seeking a declaration stating CBM gas to be coal reserved by the Acts and therefore belonging to the Tribe. The District Court disagreed and concluded that the plain meaning of the term ""coal"" was limited to the solid rock substance and did not include the CBM gas. In reversing, the Court of Appeals held that the Acts' use of the term ""coal"" was ambiguous, and ambiguities in land grants must be resolved in favor of the sovereign. Therefore, the Acts' reservation of coal included the CBM gas. +" +TEST_0942,Mark A. Briscoe and Sheldon A. Cypress,Virginia,"This appeal is the consolidation of three separate cases that involved defendants' conviction for possession of cocaine in a Virginia state court. On appeal, the defendants argued that the admission into evidence of a certificate of analysis in the absence of testimony at trial from the person who performed the analysis and prepared the certificate, pursuant to Virginia Code Section 19.2-187, violated the Confrontation Clause of the Sixth Amendment. The Supreme Court of Virginia disagreed, holding that the provisions of Section 19.2-187 did not violate a defendant's Confrontation Clause rights. Moreover, the court held that the defendants in these cases knowingly, intelligently, and voluntarily waived their Sixth Amendment rights to confront the forensic analysts when they failed to call them as witnesses at trial. +" +TEST_0943,United States,German S. Lopez,"On August 31, 1961, Internal Revenue Agent Roger S. Davis visited Clauson’s Inn, located in North Falmouth, Massachusetts, as part of an investigation into possible tax evasion. He spoke with German S. Lopez, who operated the inn, to determine whether there was any dancing or other form of evening entertainment. Lopez denied it, but when Davis returned later that night, he saw dancing in the lounge and bar. On October 21, Davis returned to tell Lopez that the Inn might owe a cabaret tax and requested the Inn’s financial records. Lopez suggested that the two could reach an “agreement” and offered Davis $420 with a promise of more money if he dropped the issue. In Lopez’s version of the events, the money was for Davis to prepare the paperwork and put the Inn’s books in order. Lopez agreed to file paperwork for the current quarter and asked Davis to come back on October 24. Davis reported the meeting and turned the money over to his superior. When he returned on October 24, Davis wore a recording device. As they discussed Lopez’s tax liability, Lopez emphasized that he wanted Davis “on [his] side” and gave him more money. +Lopez was charged with four counts of attempted bribery of an internal revenue agent. Prior to trial, Lopez filed a motion to suppress the recorded evidence, and the motion was denied. He was convicted on three of the counts in district court. Although the defense did not focus on entrapment, the trial court judge provided jury instructions on the issue. The United States Court of Appeals for the First Circuit affirmed. +" +TEST_0944,John A. Rapanos et ux. et al.,United States,"John Rapanos sought to fill in three wetland areas on his property in order to build a shopping center. Rapanos ignored warnings from the Michigan Department of Environmental Quality that the area was protected wetlands under the Clean Water Act (CWA). The CWA allows the government to regulate the discharge of any pollutant (including dirt or sand) into ""navigable waters,"" which the Act defines as ""the waters of the United States."" Under regulations issued by the Army Corps of Engineers (Corps), wetlands are covered by the CWA as long as they are adjacent to traditionally navigable waters or tributaries of such waters. After Rapanos also ignored cease-and-desist orders from the U.S. Environmental Protection Agency, the government brought a civil suit against him. Rapanos argued before the District Court that the CWA gives the government jurisdiction to regulate only traditionally navigable waters. The government countered that Rapanos's lands were covered by the CWA as ""adjacent wetlands"" under the Corps's interpretation of the Act; the sites drained into man-made drains which eventually emptied into navigable rivers and lakes. The District Court rejected Rapanos's argument and upheld the Corps's regulations including the wetlands as ""waters of the United States."" The Sixth Circuit Court of Appeals affirmed, holding that the ""hydrological connection"" of the wetlands to the navigable waters qualifies them as ""waters of the United States"" under the Act. +The Carabells sought to fill in a wetland on their property in order to build a condominium, but were denied a permit because the wetland was protected under the Clean Water Act (CWA). The CWA allows the government to regulate the discharge of any pollutant (including dirt or sand) into ""navigable waters,"" which the Act defines as ""the waters of the United States."" Under regulations issued by the Army Corps of Engineers (Corps), wetlands are covered by the CWA as long as they are adjacent to traditionally navigable waters or tributaries of such waters. Carabell's site is separated from a nearby ditch by a 4-foot-wide berm (earthen barrier), but the Corps's regulations specify that the wetland is nevertheless adjacent to the waterway. The ditch empties into another ditch, which in turn empties into a creek and ultimately into Lake St. Clair, a navigable water. After exhausting administrative appeals, Carabell sued in District Court. Carabell argued that the government lacked jurisdiction under the CWA to regulate the relatively isolated wetland as part of the ""waters of the United States."" The District Court disagreed, and upheld the Corps's expansive interpretation of the CWA. On appeal, the Sixth Circuit Court of Appeals also ruled for the Corps, holding that as long as wetlands are ""adjacent"" to tributaries of traditionally navigable waters and share a ""significant nexus"" with such waters, the wetlands qualify as ""waters of the United States"" for purposes of the CWA. +" +TEST_0945,New York Tax Appeals Tribunal,Lunding,"New York Tax Law section 631(b)(6) denies only nonresident taxpayers a state income tax deduction for alimony paid. In 1990, Christopher Lunding and his wife, residents of Connecticut, were required to pay higher taxes on their New York income when the State denied their attempted deduction of a pro rata portion of the alimony Lunding paid a previous spouse. Lunding commenced suit, asserting that section 631(b)(6) discriminates against New York nonresidents in violation of the Privileges and Immunities, Equal Protection, and Commerce Clauses of the Federal Constitution. Ultimately, the New York Court of Appeals held that section 631(b)(6) was adequately justified because New York residents who are subject to taxation on all of their income regardless of source should be entitled to the benefit of full deduction of expenses, while personal expenses of a nonresident taxpayer are more appropriately allocated to the State of residence. +" +TEST_0946,United States,Refugio Palomar-Santiago,"Refugio Palomar-Santiago, a Mexican national, was granted permanent resident status in the United States in 1990. In 1991, he was convicted of a felony DUI in California, and he was subsequently deported because a DUI is a “crime of violence” under 18 U.S.C. § 16, and felony DUI is an aggravated felony for purposes of 8 U.S.C. § 1101(a)(43). Three years later, the U.S. Court of Appeals for the Ninth Circuit decided in United States v. Trinidad-Aquino, 259 F.3d 1140 (9th Cir. 2001), that a DUI is not a crime of violence and later held that classification to apply retroactively. United States v. Aguilera-Rios, 769 F.3d 626 (9th Cir. 2013). +Palomar-Santiago returned to live in the United States, this time without authorization. He was indicted for illegal reentry after deportation under 8 U.S.C. § 1326. He moved to dismiss the indictment under 8 U.S.C. § 1326(d), which requires a district court to dismiss a § 1326 indictment if the defendant proves (1) he exhausted any administrative remedies that may have been available to seek relief against the order; (2) he was deprived of the opportunity for judicial review at the deportation hearing; and (3) that the deportation order was fundamentally unfair. However, under Ninth Circuit precedent, a defendant does not need to prove the first two elements if he can show the crime underlying the original removal was improperly characterized as an aggravated felony and does not need to show the third element if he can show the removal should not have occurred at all. +The district court held that Palomar-Santiago met his burden in showing his crime was improperly characterized as an aggravated felony and that he was wrongfully removed from the United States. On appeal, the federal government disputed that circuit precedent required the result the district court reached but argued that the precedent is wrong. Lacking authority to overturn circuit precedent, the Ninth Circuit panel affirmed without addressing the merits of the government’s claims. +" +TEST_0947,"Alex M. Azar, II, Secretary of Health and Human Services","Allina Health Services, et al.","The U.S. Department of Health and Human Services (HHS) administers the Medicare program, which provides health insurance to Americans 65 and older. Patients may obtain coverage under different “parts” of Medicare, two of which are at issue in this case. When patients enrolled in Medicare Part A receive healthcare, the government makes direct payments to hospitals for the services provided. Patients enrolled in Medicare Part C receive a government subsidy to enroll in a private insurance plan. Importantly, patients enrolled in Part A tend to have lower incomes than those enrolled in Part C. +HHS contracts with “fiscal intermediaries” to reimburse healthcare service providers for services rendered to Medicare Part A patients. These intermediaries make an initial payment based on an estimate of the cost of services provided and are later adjusted based on actual cost reports. +The Medicare Act authorizes reimbursement adjustments to increase payments to hospitals that treat a disproportionately high number of low-income patients. The rate of adjustment is calculated in part based on the number of “patient days” for patients “entitled to benefits under part A” of Medicare. In 2012, HHS sought to interpret this phrase as including patient days for patients entitled to benefits under Part C of Medicare as well. Including Part C days in the adjustment calculus would result in lower reimbursement rates, which translates into hundreds of millions of dollars. +The plaintiff hospitals challenged the rate adjustment in the Provider Reimbursement Review Board, as required by statute. The Board concluded that it lacked authority to resolve the issue, which triggered expedited review before the federal district court. The district court granted summary judgment to HHS, finding that the rate adjustment was an “interpretive rule” under the Administrative Procedure Act (APA) and thus was exempt from the APA’s notice-and-comment requirement for new rules. The hospitals appealed, and the U.S. Court of Appeals for the D.C. Circuit reversed, finding that the adjustment was not merely an “interpretive rule” and that HHS violated the Medicare Act by promulgating the rule without providing notice and the opportunity for comment. +" +TEST_0948,Morgan,National Railroad Passenger Corporation,"Under Title VII of the Civil Rights Act of 1964, a plaintiff shall file an employment discrimination charge with the Equal Employment Opportunity Commission (EEOC) either 180 or 300 days after an alleged unlawful employment practice occurred. Abner Morgan filed a charge of discrimination and retaliation with the EEOC against National Railroad Passenger Corporation (Amtrak), alleging that he had been subjected to discrete discriminatory and retaliatory acts and had experienced a racially hostile work environment throughout his employment. The EEOC issued a ""Notice of Right to Sue."" While some of the allegedly discriminatory acts occurred within 300 days of the time that Morgan filed his EEOC charge, many took place prior to that period. The District Court granted Amtrak summary judgment in part, holding that the company could not be liable for conduct occurring outside of the 300-day filing period. In reversing, the Court of Appeals held that a plaintiff may sue on claims that would ordinarily be time-barred so long as they either are sufficiently related to incidents that fall within the statutory period or are part of a systematic policy or practice of discrimination that took place, at least in part, within the period. +" +TEST_0949,Greg Knowles,The Standard Life Insurance Co.,"On March 10, 2010, Greg Knowles' home was damaged in a hailstorm, and he requested payment from his insurer, Standard Fire Insurance Company, for the full amount of the damage. On April 13, 2011, Knowles filed a class action lawsuit against Standard Fire Insurance Company alleging that he and others had been denied the full payment for damages that their contracts provided. +According to the Class Action Fairness Act of 2005 (CAFA), defendants in a class action lawsuit can move the case to federal court if the potential damages exceed $5 million. In the past, plaintiffs have attempted to avoid federal jurisdiction by stipulating that the potential damages in a given case are worth less than $5 million, and the U.S. Court of Appeals for the Eighth Circuit has allowed such a stipulation. +The defendant, Standard Fire Insurance Company moved the case from the Miller County Circuit Court to the Western District of Arkansas. The district court held that the plaintiffs' stipulation that the potential damages were less than $5 million was sufficient to prove with ""legal certainty"" that was the case. The U.S. Court of Appeals for the Eighth Circuit affirmed. +" +TEST_0950,"John R. Larson, et al.","Pamela Valente, et al.","In 1961, Minnesota passed the Minnesota Charitable Solicitation Act, which established a system of registering charitable organizations that solicit money. All organizations subject to the Act must file extensive annual reports with the Minnesota Department of Commerce. The Department may deny or withdraw the registration of any organization that engages in fraudulent, deceptive, or dishonest practices. From 1961 until 1978, all religious organizations were exempt from the Act. In 1978, the state legislature amended the Act to include religious organizations that received more than fifty percent of their funding from solicitations of nonmembers. +Shortly after the amendment, the Department notified the Holy Spirit Association for the Unification of World Christianity (Unification Church) that it must register under the Act. Pamela Valente and other members of the Church responded by suing and alleging that the Act violated the First and Fourteenth Amendments. The United States Magistrate granted a preliminary injunction and held that the Act failed the second part of the Lemon Test, that the primary effect of a law must neither advance nor inhibit religion. Accepting the recommendation of the Magistrate, the District Court granted summary judgment in favor of the plaintiff. +The U.S. Court of Appeals for the Eighth Circuit affirmed in part and reversed in part. The Court of Appeals affirmed that the fifty percent rule violated the Establishment Clause, but held that proof of status as a religious organization was required to be exempt from the Act. +" +TEST_0951,Jamey Wilkins,Officer Gaddy,"In 2008, Jamey Wilkins, a North Carolina state prisoner, filed suit in a North Carolina federal district court. Without the aid of an attorney, he alleged that he was ""maliciously and sadistically"" assaulted ""[w]ithout any provocation"" by a corrections officer. Mr. Wilkins claimed that as a result of the assault he sustained heel and lower back pain, increased blood pressure, migraine headaches and dizziness, depression, panic attacks, and nightmares of the assault. The district court, on its own motion, dismissed the complaint for failure to state a claim. In a motion for reconsideration, Mr. Wilkins stated that he was unaware that the failure to allege medical treatment might prove fatal to his claim. The district court denied Mr. Wilkins leave to amend his complaint. The U.S. Court of Appeals for the Fourth Circuit affirmed. +" +TEST_0952,"Virginia Citizens Consumer Council, Inc.",Virginia State Board of Pharmacy,"Acting on behalf of prescription drug consumers, the Virginia Citizens Consumer Council challenged a Virginia statute that declared it unprofessional conduct for licensed pharmacists to advertise their prescription drug prices. On appeal from an adverse ruling by a three-judge District Court panel, the Supreme Court granted the Virginia State Board of Pharmacy review. +" +TEST_0953,Virginia,Richmond Newspapers Inc.,"After a series of mistrials in a murder case in the state of Virginia, a trial judge closed the trial to the public and the media. Defense counsel brought the closure motion; the prosecution did not object. Two reporters of Richmond Newspapers, Inc. challenged the judge's action. +" +TEST_0954,Z. T. Osborn ,United States,"At attorney Z.T. Osborn’s trial for attempting to bribe a juror in a federal criminal trial, the judge admitted a tape recording of an incriminating conversation between Osborn and a local police officer. The officer recorded the conversation secretly under authorization of the court. Osborn argued that the recording violated his right to privacy and he was entrapped. A jury convicted Osborn and the U.S. Court of Appeals for the Sixth Circuit Affirmed. +" +TEST_0955,"Cocheyse J. Griffin, et al.","County School Board of Prince Edward County, et al.","In 1951, a group of African American students in Prince Edward County, Virginia filed a complaint in district court alleging that the Virginia laws requiring segregated schools denied them their Fourteenth Amendment rights to equal protection under the law. When the Supreme Court decided Brown v. Board of Education in 1954, this case and others like it were remanded to the lower courts to order desegregation. Prince Edward County resisted desegregation by refusing to levy and collect the school taxes for the 1959-1960 school year, which forced the public schools in the county to close. The Prince Edward School Foundation formed to ensure private education for the white students. African American students did not receive formal education from 1959 until 1963, when federal, state, and county authorities collaborated to hold desegregated classes in county-owned buildings. In 1960, the Prince Edward Board of Supervisors passed an ordinance providing tuition grants for the children attending the private schools of the Prince Edward School Foundation. +In 1961, the petitioners amended their original complaint to include new respondents and the elements of failing to provide public free schools in the county and using public funds to pay for segregated private schools. The district court held that the county could not pay the tuition grants as long as the public school remained closed, but the court refrained from making a decision regarding the closed public schools until the Virginia courts ruled on the issue. Later, without waiting for the decision of the Virginia courts, the district court held that the public schools must reopen. The United States Court of Appeals for the Fourth Circuit reversed the decisions on the grounds that the district court should have waited until the state courts determined the validity of the tuition grants and the closing of the public schools. +" +TEST_0956,United States,Bestfoods,"The site of a chemical manufacturing plant was polluted over many years. During much of the time, the companies running the plant were wholly owned subsidiaries of, first, CPC International Inc. (CPC), and later Aerojet- General Corp (Aerojet). By 1981, the federal Environmental Protection Agency had undertaken to have the site cleaned up. To recover some of the money spent, the U.S. filed an action under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. Section 9607(a)(2). Section 107 allows the U.S. to seek reimbursement for cleanup costs from, among others, ""any person who at the time of disposal of any hazardous substance owned or operated any facility."" The first phase of the trial concerned only liability, and focused on whether CPC and Aerojet had ""owned or operated"" the facility. +" +TEST_0957,United States of America,Denard Stokeling,"In 2016, Denard Stokeling pleaded guilty to charges that he was a felon in possession of a firearm and ammunition. He had two previous convictions for robbery in Florida, where an element of that offense was “overcoming victim resistance.” Some state courts have interpreted this offense as requiring only slight force to overcome victim resistance. Stokeling therefore contended that both of his robbery convictions should not qualify as “violent felonies” in the context of enhanced sentencing under the Armed Career Criminal Act, 18 U.S.C. § 924(e), because those convictions did not require a violent use of force. The district court agreed with Stokeling as to one of his convictions. The United States appealed to the 11th Circuit, which vacated Stokeling’s sentence and remanded the case for sentencing as an Armed Career Criminal. +" +TEST_0958,Drye,United States,"In 1994, Irma Drye died, leaving a $233,000 estate. The sole heir to the estate under Arkansas law was Rohn Drye, Jr., her son. Drye owed the Federal Government approximately $325,000 in unpaid tax assessments. The Internal Revenue Service (IRS) had valid tax liens against all of Drye's ""property and rights to property"" under federal law, 26 USC section 6321. Several months after Drye was appointed the administrator of his mother's estate, he disclaimed his interest in the estate, which then passed under state law to his daughter. Arkansas law provides that the disavowing heir's creditors may not reach property thus disclaimed. Drye's daughter then proceeded to use the estate's proceeds to establish a family trust (Trust), of which she and her parents are the beneficiaries. Under state law the Trust was shielded from creditors seeking to satisfy the debts of the Trust's beneficiaries. After Drye revealed his beneficial interest in the Trust to the IRS, the IRS filed a notice of federal tax lien against the Trust. Ultimately, the District Court ruled in favor of the Government and its lien. In affirming, the Court of Appeals interpreted precedent to mean that state law determines whether a given set of circumstances creates a right or interest, but federal law determines whether that right or interest constitutes ""property"" or ""rights to property"" under section 6321, thus subjecting it to federal tax liens. +" +TEST_0959,National Treasury Employees Union,United States,"The Ethics in Government Act of 1978, amended by the Ethics Reform Act of 1989, prohibits members of Congress, federal officers, and other government employees from accepting an honorarium for making an appearance, speech, or writing an article. The prohibition applies even when neither the subject of the speech or article nor the person or group paying for it has any connection with the employee's official duties. The National Treasury Employees Union filed suit challenging the honorarium ban as an unconstitutional abridgement of its freedom of speech. A District Court held the ban unconstitutional and enjoined the government from enforcing it against Executive Branch employees. The Court of Appeals affirmed. +" +TEST_0960,"Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office",Erik Brunetti,"Erik Brunetti owns the clothing brand “fuct,” founded in 1990. In 2011, two individuals filed an intent-to-use application for the mark FUCT, and the original applicants assigned the application to Brunetti. The examining attorney refused to register the mark under Section 2(a) of the Lanham Act, finding it comprised immoral or scandalous matter (the pronunciation of “fuct” sounds like a vulgar word) in violation of that section. Brunetti requested reconsideration and appealed to the Trademark Trial and Appeal Board, which affirmed the examining attorney’s refusal to register the mark. The US Court of Appeals for the Federal Circuit found that while the Board did not err in concluding the mark should be excluded under Section 2(a) of the Lanham Act, that section’s bar on registering immoral or scandalous marks is an unconstitutional restriction of free speech. +" +TEST_0961,"Warner-Lambert Co., LLC, et al.",Kimberly Kent et al.,"A group of Michigan residents who were injured after taking Warner- Lambert's Rezulin diabetes drug sued the company in Michigan state court. The plaintiffs invoked a Michigan tort reform statue immunizing drug makers' liability for FDA-approved products unless the drug makers made misrepresentations to the agency. The federal district court that eventually heard the case dismissed it, ruling that the Michigan ""fraud on the FDA"" cause of action was preempted by a federal law that empowered the FDA itself to punish misrepresentations. The appeals court reversed, reasoning that the Michigan law did not provide retribution for misrepresentations themselves, but merely created a window for consumers to bring product liability claims where the product reached the market solely through the manufacturer's chicanery. +" +TEST_0962,"Sierra Club, Inc.","United States Fish and Wildlife Service, et al.","Industrial facilities, power plants, and other manufacturing complexes use water from lakes, rivers, estuaries, and oceans to cool their facilities through cooling water intake structures. Because these structures potentially cause significant harm to aquatic life, Section 316(b) of the Clean Water Act directs the Environmental Protection Agency (EPA) to regulate their design and operation. In April 2011, the EPA proposed new regulations for cooling water intake structures. As part of the rule-making process and required by Section 7 of the Endangered Species Act, in 2012, the EPA consulted with the Fish and Wildlife Service and the National Marine Fisheries Service about the potential impacts of the regulations and produced a written biological opinion on the impacts of the proposed agency action. +The Sierra Club made a Freedom of Information Act (FOIA) request for records generated during the EPA’s rule-making process, including the documents generated as part of the consultation with the Services. The Services withheld some of the requested records, citing Exemption 5 of FOIA, which shields from disclosure documents subject to the “deliberative process privilege.” The district court determined that 12 of the 16 requested records were not protected to the privilege and ordered disclosure. The U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s order to disclose some of the records but reversed as to two of the records. +" +TEST_0963,United States,MacDonald,"In May 1970, Jeffrey MacDonald, an army captain living at Fort Bragg, North Carolina, was charged with the murders of his wife and two children. However, after an investigation by the Army Criminal Investigation Division (“CID”), the murder charges were dropped, and MacDonald was given an honorable discharge. Following MacDonald’s discharge, the U.S. Justice Department asked the Army CID to continue its investigation into the murders, and in 1972 the CID created a report on the murders that recommended further investigation into MacDonald. After evaluating the report, the Justice Department presented the case to a grand jury in the fall of 1974, which returned an indictment for MacDonald in January of 1975 that charged him again with all three murders. +MacDonald moved to dismiss the indictment and argued that the delay between the original murder charge in 1970 and the grand jury indictment in 1974 violated his Sixth Amendment right to a speedy trial. The district court denied MacDonald’s motion. On appeal, the U.S. Court of Appeals for the 4th Circuit reversed the district court by finding that the time-gap between the 1972 CID report to the Justice Department and the 1974 convening of a grand jury infringed on MacDonald’s Sixth Amendment rights. The U.S. Supreme Court granted certiorari, reversed and remanded. The Court held that MacDonald could not appeal the denial of a motion to dismiss on the basis of the 6th amendment right to speedy trial until after the trial has been completed. MacDonald was tried and convicted of all three murders. On appeal, the U.S. Court of Appeals for the 4th Circuit again held the indictment violated MacDonald’s Sixth Amendment rights. +  +" +TEST_0964,United States,McLaughlin,"In the morning of July 26, 1984, Lamont McLaughlin and a companion, both wearing stocking masks, entered a bank in Baltimore. McLaughlin displayed a handgun and ordered everyone in the bank to put his hands up and not to move. While McLaughlin remained in the lobby area holding the gun, his companion placed about $3,400 in a brown paper bag. A police officer apprehended the two as they left the bank. The police then found that McLaughlin's gun was not loaded. Ultimately, McLaughlin pleaded guilty to charges of bank robbery and bank larceny and was found guilty of assault during a bank robbery ""by the use of a dangerous weapon."" The Court of Appeals affirmed. +" +TEST_0965,Garrison S. Johnson,"California, et al.","California prisoner Garrison Johnson alleged in federal district court that the California Department of Corrections used race to assign temporary cell mates for new prisoners. Johnson alleged this violated the U.S. Constitution's equal protection clause. The district court and a federal appellate court ruled against Johnson. The appellate court pointed to the U.S. Supreme Court's 1987 decision in Turner v. Safley, which said a relaxed standard - as opposed to a ""strict scrutiny"" standard - should be used to determine whether prison regulations are constitutional. The prison's policies were ""reasonably related to the administrators' concern for racial violence and thus must be upheld,"" the appellate court wrote. +" +TEST_0966,"State of Utah, et al","American Pipe and Construction Company, et al","In 1964, the federal government sued several corporations for rigging prices of concrete and steel pipes in violation of the Sherman Act. That case reached a final judgment in May 1968, when all parties agreed to terms that prevented the companies from engaging in future violations of anti-trust laws. Eleven days short of one year after this agreement, the State of Utah, on behalf of several agencies and local governments, filed a class action lawsuit against the same corporations. The lawsuit claimed that the corporations’ previous price fixing schemes had directly injured the State and other plaintiffs. Six months later, the corporations successfully argued that, under the Federal Rules of Civil Procedure, the lawsuit could not be maintained as a class action because it was not impractical for the plaintiffs to each have individual representation. Eight days following this ruling, over 60 towns, municipalities, and water districts within the State of Utah immediately filed motions to intervene in the lawsuit. The court denied their motions because they had failed to argue them within the one-year time statute of limitations required under federal law. The Court of Appeals for the Ninth Circuit reversed. First, that court held that, by filing lawsuit as a class action, all of the claims were adequately before the trial court before the statute of limitations was reached. However, because the judge dismissed the class action after the statute of limitations ran, the parties were unable to re-file their claims against the corporations. That court held that the trial judge could not leave the plaintiff’s without recourse after the time to file the lawsuit had passed. Instead, the plaintiffs should have the eleven days that remained under the statute of limitations when the initial lawsuit was filed in order to intervene or otherwise file individual claims. The corporations appealed.  +" +TEST_0967,Wallace,Jaffree,"An Alabama law authorized teachers to conduct regular religious prayer services and activities in school classrooms during the school day. Three of Jaffree's children attended public schools in Mobile. +" +TEST_0968,John R Gagnon,Gerald Scarpello,"After pleading guilty to armed robbery in Wisconsin, Gerald Scarpelli, was sentenced to 15 years’ imprisonment, which was later reduced to probation. Scarpelli signed an agreement allowing him to reside in Illinois and was supervised by the Adult Probation Department of Illinois. Shortly after, Scarpelli was caught committing burglary with an accomplice. After being informed of his Constitutional rights, Scarpelli admitted to committing the felony, an admission he later claimed was made under extreme duress. The Wisconsin Department of Corrections revoked Scarpelli’s probation because of the violation and imprisoned him. He was not given a hearing. Two years later, Scarpelli filed a writ of habeas corpus and the district court held that revoking Scarpelli’s probation without a hearing and an attorney was a denial of his Constitutional right of due process. Gagnon, the warden of the Wisconsin Department of Corrections, appealed and the Wisconsin Court of Appeals affirmed the trial courts judgment. Gagnon appealed to the United States Court of Appeals for the Seventh Circuit. +" +TEST_0969,Zacchini,Scripps-Howard Broadcasting Company,"Hugo Zacchini performed a ""human cannonball"" act, in which he was shot from a cannon into a net 200 feet away. A free-lance reporter for Scripps-Howard Broadcasting Co. recorded the performance in its entirety without consent and it aired on the nightly news. Subsequently, Zacchini sued Scripps-Howard, alleging the unlawful appropriation of his professional property. Ultimately, the Ohio Supreme Court ruled in favor of Scripps-Howard. While recognizing that Zacchini had a cause of action for the infringement of his state-law right to publicity, the court found that Scripps-Howard was constitutionally privileged to include in its newscasts matters of public interest that would otherwise be protected by the right of publicity, absent an intent to injure or to appropriate for some nonprivileged purpose. +" +TEST_0970,United States ex rel. Stevens,Vermont Agency of Natural Resources,"Jonathan Stevens, a former attorney for the Vermont Agency of Natural Resources, filed suit against his former employer, the agency, alleging that it had submitted false claims to the Environmental Protection Agency (EPA) in order to induce the EPA to disburse more grant money than it was entitled to receive. Stevens filed suit under the False Calms Act (FCA), which provides for a private person to bring a qui tam civil action ""in the name of the [Federal] Government,"" against ""any person"" who ""knowingly presents...to...the...Government...a false or fraudulent claim for payment."" The State of Vermont moved to dismiss the suit, arguing that a State or state agency is not a ""person"" subject to liability under the FCA and that a qui tam action in federal court against a State is barred by the Eleventh Amendment. The District Court denied the motion. Vermont then filed an interlocutory appeal. Thereupon, the court stayed its proceedings and the United States intervened in the appeal in support of Stevens. The Court of Appeals affirmed. +" +TEST_0971,Boeing Company,United States,"In 1971, Congress enacted tax provisions providing special tax treatment for export sales made by an American manufacturer through a subsidiary that qualified as a ""domestic international sales corporation"" (DISC). Regarding research and development (R&D) expenses, Treasury Regulation 26 CFR section 1.861-8(e)(3) provides what must be treated as a cost when calculating combined taxable income (CTI), and how those costs should be allocated among different products and apportioned between the DISC and its parent. Under this regulation, the Internal Revenue Service reallocated Boeing's company sponsored R&D costs for 1979 to 1987, thereby decreasing the untaxed profits of its export subsidiaries and increasing its taxable profits on export sales. Subsequently, Boeing filed suit, arguing that it had an unqualified right to allocate its company sponsored R&D expenses to specific products and to exclude any allocated R&D from being treated as a cost of another product. In granting Boeing summary judgment, the District Court found section 1.861-8(e)(3) invalid due to a specific DISC regulation giving the taxpayer the right to group and allocate income and costs by product or product line. The Court of Appeals reversed. +" +TEST_0972,Mae Wheeler,John Montgomery,"Mae Wheeler was a 75-year-old widow who lived solely on her welfare check and monthly Social Security payment. On August 30, 1967, the San Francisco Department of Social Services learned that Wheeler had received the proceeds from her late son's veteran insurance policy. After a county welfare supervisor called Wheeler, the Welfare Department began withholding Wheeler's welfare check pending an investigation. Wheeler requested a hearing and for the restoration of her payments until her cause could be heard. Wheeler did not get the restoration of her payments, but she ultimately prevailed in her claim and had benefits restored several months later. +Wheeler along with other similarly-situated people were granted class action status, and the class claimed that California welfare termination provisions deprived the class members of their constitutional due process rights by terminating welfare benefits before having a full and adequate hearing. A three-judge District Court for the Northern District of California held that the California procedure for pre-termination review satisfied the requirements of the Due Process Clause. The Supreme Court reviewed the California court's opinion +" +TEST_0973,Alejandra Tapia,United States,"Alejandra Tapia was convicted of bringing illegal aliens into the United States and of jumping bail after being charged with immigration crimes. Following the jury trial, a judge on the U.S. District Court for the Southern District of California sentenced Tapia to 51 months in prison, noting that one factor in giving her a longer sentence was to make sure she remained confined long enough to take part in a drug rehab program. +Tapia appealed the sentence, arguing that the district court committed plain error by basing her sentence on speculation about whether and when she could enter and complete the Bureau of Prison's 500-hour drug abuse treatment program. But in April 2010, the U.S. Court of Appeals for the Tenth Circuit affirmed the lower court order. +" +TEST_0974,Evangelisto Ramos,State of Louisiana,"Evangelisto Ramos was charged with second-degree murder and exercised his right to a jury trial. After deliberating, ten of the twelve jurors found that the prosecution had proven its case against Ramos beyond a reasonable doubt, while two jurors reached the opposite conclusion. Under Louisiana’s non-unanimous jury verdict law, agreement of only ten jurors is sufficient to enter a guilty verdict, so Ramos was sentenced to life in prison without the possibility of parole. +Ramos appealed his case, and the state appellate court affirmed the lower court. The Louisiana Supreme Court denied review. +" +TEST_0975,Boerckel,O'Sullivan,"After Darren Boerckel's state convictions of rape, burglary, and aggravated battery were affirmed by the Illinois Appellate Court and the Illinois Supreme Court denied his petition for leave to appeal, he filed a federal habeas corpus petition. The petition asked for relief on six grounds: (1) that Boerckel had not knowingly and intelligently waived his Miranda rights; (2) that his confession was not voluntary; (3) that the evidence against him was insufficient to sustain the conviction; (4) that his confession was the fruit of an illegal arrest; (5) that he received ineffective assistance of counsel at trial and on appeal; and (6) that his right to discovery of exculpatory material was violated. In denying the petition, the District Court found that Boerckel had procedurally defaulted his first three claims by failing to include them in his petition to the Illinois Supreme Court. In reversing and remanding, the Court of Appeals concluding that Boerckel had not procedurally defaulted those claims because he was not required to present them in a petition for discretionary review to the Illinois Supreme Court in order to satisfy 28 U. S. C. Sections 2254(b)(1), (c), the exhaustion requirement. Under the exhaustion requirement federal habeas relief is available to state prisoners only after they have exhausted their claims in state court. +" +TEST_0976,John Dalmer Benton,Maryland,"Benton was charged with burglary and larceny in a Maryland court. A jury found him not guilty of larceny but guilty of burglary. He was sentenced to ten years in prison. He won his appeal on the grounds that the grand jury that indicted him and the petit jury that convicted him were selected unconstitutionally. The case was remanded and Benton chose to confront a new grand jury. It indicted him for larceny and burglary; the petit jury found him guilty of both charges. Benton then appealed arguing that that re-indicting him on the larceny charge after he had been acquitted amounted to double jeopardy. The Maryland Supreme Court affirmed, following the U.S. Supreme Court's Palko decision, which held that the double-jeopardy clause did not apply to state court criminal proceedings. +" +TEST_0977,"Riverkeeper, Inc., et al.",Entergy Corp.,"Three consolidated cases center around whether or not the EPA surpassed its federal authority by weighing the pros and cons of systems to be used at water intake cooling structures rather than simply employing the most advanced technology available on the market. The claims, brought by environmental groups and corporations, allege that the EPA's cost/benefit analysis violated the Clean Water Act (CWA) by leading to the use of structures that were insufficient to protect aquatic organisms from being harmed or killed as required by the CWA. +" +TEST_0978,Michigan,Robert Bernard Jackson,"Robert Bernard Jackson was charged with second-degree murder and conspiracy to commit second-degree murder. During his arraignment, Jackson requested that the court appoint him counsel. The next day, Jackson was interrogated again before he was able to communicate with his attorney. Jackson confessed during that interrogation. +In December 1978, Rudy Bladel killed three railroad employees in Michigan. Bladel was arrested shortly thereafter, the police questioned him twice but released him. Two months later, he was arrested again and agreed to talk to the police without an attorney present. During his arraignment the following day, Bladel requested counsel, and the court assigned a firm to his case. The next day, the police questioned Bladel again before the firm was able to contact him and before he was aware he had been assigned counsel. During this questioning, Bladel confessed. +In both cases, the trial courts held that the confessions, which were obtained after arraignment and before the defendants were able to meet with counsel, were properly received into evidence. The Michigan Court of Appeals affirmed Jackson’s conviction, and he appealed. The Michigan Supreme Court consolidated Jackson and Bladel’s cases and ruled that both confessions should not have been admitted into evidence. +" +TEST_0979,Edwards,South Carolina,"187 black students were convicted in a magistrate's court of breach of the peace for peacefully assembling at the South Carolina State Government. Their purpose was to submit a protest of grievances to the citizens of South Carolina, and to the legislative bodies of South Carolina. During the course of the peaceful demonstration the police arrested the students after they did not obey an order to disperse. The students were convicted of breach of the peace. After their convictions were affirmed by the state supreme court, the students sought further review. They contended that there was a complete absence of any evidence of the commission of the offense and that they were thus denied due process of law. +" +TEST_0980,Allstate Insurance Company,Quackenbush,"The California Insurance Commissioner filed a state court action against Allstate Insurance Co. seeking damages for Allstate's alleged breach of reinsurance agreements in an effort to gather the assets of the defunct Mission Insurance companies. Allstate removed the action to federal court on diversity grounds and filed a motion to compel arbitration under the Federal Arbitration Act. The Commissioner sought to remand the case to state court, arguing that the court should abstain from hearing the case, under Burford v. Sun Oil Co., because its resolution might interfere with California's regulation of insurance insolvencies and liquidations. The District Court agreed, concluded that an abstention was appropriate, and remanded the case to state court without ruling on Allstate's arbitration motion. After determining the appealability of the District Court's remand order, the Court of Appeals vacated the decision and ordered the case sent to arbitration. The court held that abstention was inappropriate in this damages action because a Burford abstention is limited to equitable actions. +" +TEST_0981,Martin Robert Stolar,"State of Ohio, Columbus Bar Association","Martin Robert Stolar was admitted to the New York Bar in 1968. In his application, he answered several questions about his social, religious and political affiliations. When Stolar applied to the Ohio Bar in 1969 he supplied the Ohio Bar Association with all of the information from his New York Bar application. The Ohio Bar also subjected Stolar to an oral interrogation where they asked questions relating to whether he was associated with any organization that advocated the violent overthrow of the government. Stolar refused to answer those questions and the interrogation committee recommended that he be denied admission to the Bar. Stolar had nothing in his record, other than refusal to answer the questions, that showed that he did not have the necessary good character for admission to the Ohio Bar. The Ohio Supreme Court approved the committee’s recommendation without opinion. +" +TEST_0982,Arkansas Educational Television Commission,Forbes,"During the 1992 race for Arkansas' Third Congressional District, the Arkansas Educational Television Commission (AETC) -- a state-owned public television broadcaster -- sponsored a debate between the major party candidates. Running as an independent candidate with little popular support, Ralph Forbes sought to participate in the debate but was denied permission. After unsuccessfully challenging AETC's refusal in district court, Forbes appealed and won a reversal. AETC then appealed and the Supreme Court granted certiorari. +" +TEST_0983,Zobrest,Catalina Foothills School District,"James Zobrest was deaf since birth. He attended public school through the eighth grade where the local school board provided a sign-language interpreter. Zobrest's parents elected to send their son to a Roman Catholic high school and requested that the local school board continue to provide their son with a sign-language interpreter. The school board denied the request on constitutional grounds. The Zobrests then filed suit, alleging that the Individuals with Disabilities Education Act (IDEA) and the Free Exercise Clause of the First Amendment required the school district to provide the interpreter and that the Establishment Clause did not bar such relief. The District Court granted the school district summary judgment on the ground that the interpreter would act as a conduit for the child's religious inculcation, thereby promoting his religious development at government expense in violation of the Establishment Clause. The Court of Appeals affirmed. +" +TEST_0984,"Francis X. Bellotti, Attorney General of Massachusetts","First National Bank of Boston, et al.","The National Bank of Boston, along with two other national banks and three corporations, wished to spend money to publicize their opposition to a ballot initiative that would permit Massachusetts to implement a graduated income tax. The Attorney General of Massachusetts informed the organizations that he intended to enforce a state statute that prohibited such organizations from making contributions to influence the outcome of a vote that does not materially affect their assets and holdings. The organizations sued and argued that the statute violated their First Amendment rights. The Supreme Judicial Court of Massachusetts upheld the constitutionality of the statute. +" +TEST_0985,Penn Central Transportation Company,New York City,"The New York City Landmarks Preservation Law of 1965 empowered the city to designate certain structures and neighborhoods as ""landmarks"" or ""landmark sites."" Penn Central, which owned the Grand Central Terminal (opened in 1913), was not allowed to construct a multistory office building above it. +" +TEST_0986,The Standard Life Insurance Co.,Greg Knowles,"On March 10, 2010, Greg Knowles' home was damaged in a hailstorm, and he requested payment from his insurer, Standard Fire Insurance Company, for the full amount of the damage. On April 13, 2011, Knowles filed a class action lawsuit against Standard Fire Insurance Company alleging that he and others had been denied the full payment for damages that their contracts provided. +According to the Class Action Fairness Act of 2005 (CAFA), defendants in a class action lawsuit can move the case to federal court if the potential damages exceed $5 million. In the past, plaintiffs have attempted to avoid federal jurisdiction by stipulating that the potential damages in a given case are worth less than $5 million, and the U.S. Court of Appeals for the Eighth Circuit has allowed such a stipulation. +The defendant, Standard Fire Insurance Company moved the case from the Miller County Circuit Court to the Western District of Arkansas. The district court held that the plaintiffs' stipulation that the potential damages were less than $5 million was sufficient to prove with ""legal certainty"" that was the case. The U.S. Court of Appeals for the Eighth Circuit affirmed. +" +TEST_0987,Massachusetts,Luis E. Melendez-Diaz,"Luis Melendez-Diaz was arrested while making a cocaine sale in a parking lot in Massachusetts. At trial, bags of the cocaine alleged to have been distributed by Melendez-Diaz were introduced into evidence along with drug analysis certificates prepared by the lab technician who analyzed the drugs and identified them as cocaine. A jury convicted Melendez-Diaz of distributing and trafficking cocaine in violation of Massachusetts law. Melendez-Diaz appealed, arguing that the State's introduction of the drug analysis certificates violated his Sixth Amendment right to confront witnesses against him under the Court's ruling in Crawford v. Washington. Crawford had held that so-called ""testimonial"" evidence cannot be introduced at trial unless the defendant has a chance to cross-examine the witness providing the evidence. Melendez-Diaz characterized the lab analysis as testimonial and argued that Crawford required the lab technician to testify on the results. The State argued that Massachusetts had previously held, in Commonwealth v. Verde, that lab reports were not testimonial. +The Massachusetts Court of Appeals rejected Melendez-Diaz's claims in an unpublished opinion, referring to them in a short footnote as ""without merit."" The Massachusetts Supreme Court also denied his appeal. +" +TEST_0988,Muscarello,United States,"18 USC section 924(c)(1) subjects a person who ""uses or carries a firearm"" ""during and in relation to"" a ""drug trafficking crime"" to a 5-year mandatory prison term. In 96-1654, police officers found a handgun locked in Frank J. Muscarello's truck's glove compartment. Muscarello was transporting marijuana for sale in his truck. Muscarello argued that his ""carrying"" of the gun in the glove compartment did not fall within the scope of the statutory word ""carries."" In 96-8837, federal agents found drugs and guns in Donald Cleveland and Enrique Gray-Santana's car at a drug-sale point. The Court of Appeals, in both cases, found that the defendants had violated section 924(c)(1). +" +TEST_0989,United States,Atlantic Research Corporation,"Atlantic Research Corp. (Atlantic) built rocket motors for the United States government at an Arkansas facility. When residue from burnt rocket fuel contaminated the site, Atlantic voluntarily cleaned up the contamination and later sought cost recovery from the government under Section 107(a) and Section 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Some Courts of Appeals had interpreted Section 107(a) as implicitly allowing a party responsible for contamination to compel other partly-responsible parties to contribute to the clean-up. The Superfund Amendments and Reauthorization Act of 1986 added Section 113(f), which makes explicit the right to sue for contribution. +While Atlantic was negotiating with the government, the Supreme Court ruled in Cooper Industries, Inc. v. Aviall Services, Inc. that a party cannot bring a Section 113(f) claim for contribution unless it is already the subject of a Section 107(a) contamination action. Atlantic filed a new claim for contribution under Section 107(a), but a district court denied the claim. The U.S. Court of Appeals for the Eighth Circuit had previously ruled that a liable party must use Section 113(f), not Section 107(a), to file a contribution claim. Atlantic argued that failure to meet the requirements of Section 113(f) did not foreclose the implied Section 107(a) right to sue other partly-responsible parties for contribution. +" +TEST_0990,Gary Bradford Cone,"Ricky Bell, Warden","This is the third habeas corpus appeal of petitioner Gary Bradford Cone after his 1982 conviction in a Tennessee state court on several felony counts including first degree murder and robbery by use of deadly force. The jury found that Cone had bludgeoned two elderly people to death while hiding out after a robbery. Cone's initial appeal to the Tennessee Supreme Court soon following his conviction fell on deaf ears: the court ruled that although errors had been committed during the trial, each of them had been ""harmless"" and did not warrant overturning Cone's conviction. He responded by twice filing habeas corpus petitions alleging violations of several constitutional rights, appealing both all the way up to the Court but both times having his case remanded with, in his view, several of his claims still unresolved. +In his third appearance before the U.S. Court of Appeals for the Sixth Circuit, Cone raised two main points of contention. First, he claimed that he was entitled to relief because the jury in his trial had weighed invalid aggravating factors during his sentencing hearing, thereby entitling him to a new hearing. This argument was rejected by the Sixth Circuit, which found that the Tennessee Supreme Court had conducted a satisfactory harmless error test on the issue. The court pointed out that habeas petitions should be granted only after finding that a state court ruling has ""resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law."" Because Tennessee had not abridged any federal laws, the Sixth Circuit denied Cone relief on this first issue. +Cone also argued that the Sixth Circuit had erred when, in a previous appeal, it had held that his claims relating to the prosecutor's improper withholding of evidence had been procedurally defaulted. Cone argued that his case met the Court's ""exceptional circumstances"" test as set out in Westside Mothers v. Olszewski for overruling the procedural default rule and rehearing the issue. The Sixth Circuit once again disagreed, ruling that Cone had failed to show ""cause and prejudice"" on the part of the prosecutor. The Sixth Circuit denied Cone's habeas appeal on all counts. +" +TEST_0991,Kadrmas,Dickinson Public Schools,"North Dakota was a sparsely populated state, and as late as the mid-20th century some children were educated in crowded one-room schools. Since 1947, the legislature encouraged thinly populated school districts to reorganize themselves into larger districts; once reorganized, districts could only charge for transportation provisions with voter approval. Dickinson Public Schools chose not to participate in the reorganization. In 1973, the district began charging a fee for door-to-door bus service; about thirteen percent of students rode the bus, and the district charged their parents ninety-seven dollars a year for one child or one hundred fifty dollars a year for two children. In 1979, North Dakota enacted legislation expressly indicating that non-reorganized school districts could charge fees for transporting students. +Sarita Kadrmas, her mother Paula, and the rest of her family lived about sixteen miles from Sarita’s school. In September 1985, the family’s annual income was at or near the poverty level. Until 1985, the Kadrmas family agreed each year to pay the busing fee for Sarita, but they refused to sign a contract for the 1985 school year and the bus no longer stopped for Sarita. The Kadrmas family then used private transportation, but the costs exceeded $1,000 per school year. +In September 1985, Paula Kadrmas and other parents in the district filed an action in state court seeking to enjoin the Dickinson Public Schools and various school district officials from collecting any bus service fees. The district court rejected their action on the merits. On appeal to the Supreme Court of North Dakota, rejected Kadrmas’ argument that the busing fee violated the equal protection clause of the Fourteenth Amendment. It characterized the statute as purely economic legislation, concluding that the charges authorized by the statute were rationally related to the legitimate government objective of allocating limited resources. In the spring of 1987, while her appeal to the Supreme Court of the United States was pending, the Kadrmas family signed a busing contract for the remainder of the 1986 school year and paid part of the fee. They also signed a contract for the 1987 school year. +" +TEST_0992,"Discover Bank, et al.",Betty Vaden,"Discover Bank filed this suit in the United States District Court for the District of Maryland in order to compel arbitration on certain counterclaims brought by Betty Vaden, a card member, in a state court suit against her. Discover had originally brought the state suit to recover on Vaden's outstanding credit card balance, but Vaden counterclaimed that certain fees and interest rates had been charged in violation of state law. The district court held that Vaden's usury claims were preempted by federal law and that the agreement clearly contained a provision compelling arbitration in such cases +The U.S. Court of Appeals for the Fourth Circuit agreed with the district court, holding that Discover was the ""real party in interest"" and that Vaden's claims were therefore preempted by the Federal Deposit Insurance Act. Furthermore, Vaden had failed to overcome the presumption that she received the properly mailed arbitration agreement. Based on these conclusions, the Ninth Circuit granted Discover's motion to compel arbitration. +" +TEST_0993,United States,Carlos Dominguez Benitez,"Carlos Dominguez Benitez confessed to selling drugs to an informant. He made a plea agreement with the government in which he would plead guilty to conspiracy to sell drugs, which normally carried a 10-year minimum sentence. However, the government agreed to ask the judge to reduce the sentence below that minimum. The plea agreement also said that, if the judge did not agree to the government's request to lower the sentence, Dominguez could not withdraw his guilty plea. During discussions of the plea, the judge failed to mention the fact that it prohibited him from withdrawing his plea (the written statement, which did contain the fact, was read to him at another time). When the judge ruled that he could not lower the sentence, Dominguez appealed. He argued that the judge's failure to tell him that he would be unable to withdraw his appeal was a ""plain error"" under Federal Rule of Criminal Procedure 52 and therefore required reversal. The prosecutors countered that, in order to show that the judge had made a ""plain error"" Dominguez would need to show not just that he had made a mistake but also that it was reasonably likely that, without the error, Dominguez would not have pled guilty. A Ninth Circuit Court of Appeals rejected that argument, siding with Dominguez to reverse the decision. +" +TEST_0994,Richard Pachtman,Paul Imbler ,"In 1961, Morris Hasson, a Los Angeles grocery store manager, was shot and killed during a robbery attempt. Paul Imbler was convicted of the murder after three eyewitnesses identified him as the gunman. After the trial, the prosecutor, Deputy District Attorney Richard Pachtman, wrote to the Governor of California and described newly discovered evidence that undermined the testimony of one of the eyewitnesses. In light of the letter, Imbler challenged his incarceration in state court, where his petition was denied, and later in federal court. The federal district court found that Pachtman had knowingly used false testimony during the trial and suppressed evidence favorable to Imbler, so the district court ordered Imbler released from prison. Imbler then filed an action against Pachtman in federal court under Section 1983 of the Civil Rights Act of 1871, which allows a party to recover damages from any person who acts “under color of state law” to deprive another of a constitutional right. The district court held that Pachtman was immune for civil liability for acts done in his capacity as prosecutor and dismissed the complaint. The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal on appeal. +" +TEST_0995,PennEast Pipeline Co. LLC,"New Jersey, et al.","The Natural Gas Act (NGA), 15 U.S.C. §§ 717–717Z, permits private companies to exercise the federal government’s power to take property by eminent domain, subject to certain jurisdictional requirements. PennEast Pipeline Co. obtained federal approval to build a pipeline through Pennsylvania and New Jersey and sued under the NGA to gain access to the properties along the pipeline route, of which the State of New Jersey owns 42. New Jersey sought dismissal of PennEast’s lawsuits for lack of jurisdiction based on the state’s sovereign immunity and, separately, because PennEast failed to satisfy the jurisdictional requirements of the NGA. +The district court ruled in favor of PennEast and granted a preliminary injunctive relief for immediate access to the properties. The U.S. Court of Appeals for the Third Circuit vacated, finding that while the NGA delegates the federal government’s eminent-domain power, it does not abrogate state sovereign immunity. PennEast’s lawsuits are thus barred by Eleventh Amendment to the U.S. Constitution. +" +TEST_0996,"Anthony Hedgpeth, Warden",Michael Robert Pulido,"Michael Pulido was convicted of first-degree murder in a California state court for his involvement in the shooting of a gas station attendant during the course of a robbery. He claimed that he was only involved in the robbery after the shooting had taken place. On appeal, Mr. Pulido argued that the jury instructions were in error and allowed a jury to convict him as an accomplice in the robbery and murder, even if he only took part in the robbery. The California Supreme Court refused to overturn the conviction holding that the error was harmless because the jury had specifically found that Mr. Pulido aided the robbery during the murder. +Mr. Pulido sought and was granted habeas relief by a federal district court in California. On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed. It held that instructing a jury on multiple theories of guilt, one of which was legally improper, was ""structural error"" entitling Mr. Pulido to automatic relief and exempted the instructions from ""harmless-error"" review. +" +TEST_0997,Wells,United States,"Jerry E. Wells and Kenneth R. Steele were charged with knowingly making false and ""material"" statements to a federally insured bank in violation of federal law. At the trial's end, the District Court instructed the jury, at the Government's request, that withholding a ""material fact"" made a statement or representation false and that materiality of an allegedly false statement was for the judge, not the jury, to determine. Subsequently, the jury treated Wells and Steele's statements as material and convicted them. The U.S. Supreme Court then decided that materiality was a question for the jury to decide. On appeal, Wells and Steele argued that materiality was an element of knowingly making false and ""material"" statements to a federally insured bank in violation of federal law and it was a question for the jury to decide. The Government then argued materiality was not an element of the crime, so that no harm had been done when the trial judge had dealt with the issue. The Court of Appeals agreed with Wells and Steele, vacated their convictions and sentences, and remanded the case for a new trial. +" +TEST_0998,Carter,United States,"In 1997, Floyd J. Carter donned a ski mask and entered the Collective Federal Savings Bank unarmed. In the process, Carter pushed an exiting customer back into the bank and startled customers already inside. Carter removed almost $16,000 from the bank and fled. After his apprehension, Carter was charged with federal bank robbery, 18 USC Section 2113(a), which punishes ""[w]hoever, by force and violence, or by intimidation, takes... any... thing of value [from a] bank."" Carter pleaded not guilty, claiming that he had not taken the bank's money by force, violence, or intimidation as required of robbery. Carter moved that the District Court instruct the jury that they could consider whether he committed federal bank larceny, USC Section 2113(b), as a lesser included offense in the broader crime of robbery, in which case, Carter could be guilty of larceny without being guilty of robbery. The larceny law punishes ""[w]hoever takes and carries away, with intent to steal or purloin, any... thing of value exceeding $1,000 [from a]... bank,"" with a maximum penalty of 10 years in prison, as opposed to robbery's 20-year maximum. The District Court denied the motion. The jury, instructed on robbery alone, returned a guilty verdict. The Court of Appeals affirmed. +" +TEST_0999,Beatrice Alexander,Holmes County Board of Education,"The Supreme Court’s decision in Brown v. Board of Education, ordered school districts across the country to desegregate “with all deliberate speed.” However, nearly fifteen years after this order, many school districts, including schools in Holmes County, Mississippi, were either still segregated or saddled with laws making it very difficult for full integration to take place. In the summer of 1969, the United States District Court for the Southern District of Mississippi entered an order allowing the schools in Mississippi to continue using “freedom of choice” laws, which allowed parents to choose which school their children attended. The petitioners appealed to the United States Court of Appeals for the Fifth Circuit on July 23, 1969. That court, in a per curiam decision, reversed the lower court, but required the school districts to create and submit alternate plans by August 27, 1969. The petitioners then appealed.  +" +TEST_1000,Michael Ross,Shaidon Blake,"On June 21, 2007, Lieutenants Michael Ross and James Madigan were escorting Shaidon Blake from his cell when Madigan shoved Blake several times. The incident escalated to Madigan punching Blake in the face several times with a key ring wrapped around his fingers while Ross held him. Blake was then taken to the medical unit and later diagnosed with nerve damage. Blake reported the incident to senior corrections officers, and the Internal Investigative Unit of the Maryland Department of Public Safety and Correctional Services conducted an investigation and issued a formal report. The formal report determined that Madigan had used excessive force against Blake and that Blake was not at fault in any way. Blake subsequently sued Ross and Madigan in addition to two supervisors and three government entities under 42 U.S.C. § 1983 and argued that they violated his constitutional rights by using excessive force. +Nearly two years after Blake initially filed the suit, Ross filed an amended answer to the complaint that alleged that Blake had failed to exhaust his administrative remedies as the Prison Litigation Reform Act (PLRA) required. Ross also moved for summary judgment based on the same argument, and the district court granted the motion. The U.S. Court of Appeals for the Fourth Circuit reversed and held that the “special circumstances” exception to the PLRA’s exhaustion requirement was met in this case. Because the internal investigation provided the correction officials time and opportunity to address the complaints internally and Blake reasonably believed that he had exhausted his administrative remedies by participating in an internal investigation, the requirements for the “special circumstances” exception to the PLRA were met. +" +TEST_1001,Vanessa Rose White,Alabama,"An anonymous caller told Montgomery, Alabama police that Vanessa Rose White had cocaine in an attaché case in her car. The caller gave certain specific details about the car and White’s future movements. Following that tip, police followed Vanessa Rose White as she drove from an apartment complex to Doby’s Motel Court, where they pulled her over. When asked, White gave the officers permission to search her car and an attaché case found in the car. Police found marijuana in the case and arrested White. During processing at the police station, officers also found 3 milligrams of cocaine in White’s purse. After being charged with possession of marijuana and cocaine, White moved to suppress evidence of the drugs. The trial court denied the motion and White plead guilty. On appeal, the Court of Criminal Appeals of Alabama reversed the motion, finding that the officers did not have reasonable suspicion to stop and search White’s car. This search violated the Fourth Amendment protection against unreasonable searches and seizures. +" +TEST_1002,Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation,"Michael O. Leavitt, Secretary of Health and Human Services, et al.","The Indian Self-Determination and Education Assistance Act (ISDA) allows tribes to administer health care programs previously run by the federal government. Tribes can opt to do this by entering into contracts with the Secretary of Health and Human Services, who is obligated to fund tribe-run health services as if they were still federally run. The Secretary must also fund ""contract support costs"" associated with carrying out the contract. However, ISDA requires the federal government to fund contract support costs only to the extent money is available. ISDA also does not require the federal government to reduce funding for some tribe programs to make funds available for other tribes. In two separate cases tribes claimed the federal government under-funded contract support costs. The Secretary argued the Omnibus Consolidated and Emergency Appropriations Act made it clear the government lacked the funds to pay the full contract support costs. In one case a federal appellate court ruled that the federal government did not adequately fund contract support costs and that funds were available. In another case a federal appellate court ruled for the federal government. +" +TEST_1003,Texaco Inc.,Pennzoil Co.,"Pennzoil Co. obtained a jury verdict of $10.53 billion in a Texas state court suit. The suit alleged that Texaco Inc. tortiously induced a third party to breach its contract to sell stock to Pennzoil. Before the court entered a final judgment, Texaco sued in federal district court alleging that the Texas court proceedings violated its rights under the Constitution and several Texas statutes. Pennzoil argued that the district court should abstain from hearing the case under the doctrine of Younger v. Harris. Younger held that a federal court must abstain from hearing challenges to a state court proceeding while that proceeding is still underway. The district court did not abstain and granted a preliminary injunction. The court found that it had jurisdiction over the matter and that Texaco was likely to succeed in its suit. The U.S. Court of Appeals for the Second Circuit affirmed in part, holding that the district court had jurisdiction, but should not have evaluated the claims that were discussed in the state trial. Meanwhile, the state court proceedings continued, and reduced the judgment to $8.53 billion +" +TEST_1004,Day,Heckler,"Title II of the Social Security Act (Act) establishes a four-step review process of disputed disability benefit claims. First, a state agency determines if a claimant has a disability and when the condition began or ended. Second, state agencies' disability determinations can be reviewed upon the claimant's request. Third, if upon review the claimant suffers an adverse finding he or she may demand an evidentiary hearing by an administrative law judge. Fourth, if a claimant is dissatisfied with the administrative law judge's decision, they may appeal to the Appeals Council of the Department of Health and Human Services (HHS). Claiming delays in excess of 90 days, during steps two and three, Leon Day sued on behalf of several similarly aggrieved Vermont claimants alleging a violation of the ""reasonable time"" hearing limitation. On appeal from the Second Circuit Court of Appeal's ruling upholding a district court's imposition of disability hearing deadlines, the Supreme Court granted HHS Secretary Margaret Heckler certiorari. +" +TEST_1005,Arizona et al.,United States,"On April 23, 2010, the Arizona State Legislature passed S.B. 1070; Governor Jan Brewer signed the bill into law. On July 6, 2010, the United States sought to stop the enforcement of S.B. 1070 in federal district court before the law could take effect. The district court did not enjoin the entire act, but it did enjoin four provisions. The court enjoined provisions that (1) created a state-law crime for being unlawfully present in the United States, (2) created a state-law crime for working or seeking work while not authorized to do so, (3) required state and local officers to verify the citizenship or alien status of anyone who was lawfully arrested or detained, and (4) authorized warrantless arrests of aliens believed to be removable from the United States. +Arizona appealed the district court's decision to the U.S. Court of Appeals for the Ninth Circuit. The appellate court affirmed the district court's decision, holding that the United States had shown that federal law likely preempted: (a) the creation of a state-crime for violation of federal registration laws, (b) the creation of a state-crime for work by unauthorized aliens, (c) the requirement to verify citizenship of all detained persons, and (d) the authorization for police officers to effect warrantless arrests based on probable cause of removability from the United States. Arizona appealed the court's decision. +" +TEST_1006,Daniel Siebert,"Richard F. Allen, Commissioner, Alabama Department of Corrections","Daniel Siebert was convicted of the murder of Linda Jarman and sentenced to death by electrocution in 1989. His conviction was confirmed on appeal, and Siebert’s petition for a writ of certiorari to the Supreme Court was denied in 1990. In 1992, Siebert filed a petition for state post-conviction relief that was denied because it was filed after the two-year statute of limitations period. In 2001, Siebert filed a federal writ of habeas corpus that was denied because the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) has a one-year statute of limitation for filing a federal writ of habeas corpus. Siebert appealed to U.S. Court of Appeals for the Eleventh Circuit and argued that the statute of limitations should not run while his “properly filed” state post-conviction relief was pending. The appellate court determined that the state statute of limitations was not jurisdictional and the state courts could have granted Siebert’s petition, so his petition for state post-conviction relief was “properly filed” and should have prevented the AEDPA’s statute of limitations from running. The appellate court remanded the case for consideration of the petition on the merits. While that review was pending, the Supreme Court decided Pace v. DiGuglielmo, in which the Court held that a petition for state post-conviction relief that was determined to be untimely did not halt the running of the AEDPA’s statute of limitations. Therefore, the district court again rejected Siebert’s petition. The appellate again remanded by holding that the state statute of limitations in this case was non-jurisdictional, and therefore Pace did not apply. +" +TEST_1007,Solid Waste Agency of Northern Cook County,United States Army Corps of Engineers,"The Solid Waste Agency of Northern Cook County (SWANCC) selected an abandoned sand and gravel pit as a solid waste disposal site. Excavation trenches on the site had previously become ponds for migrating birds. Because some trenches would have to be filled in, the SWANCC contacted the Army Corps of Engineers (Corps) to determine if a landfill permit was required under the Clean Water Act (CWA), which authorizes the Corps to issue permits allowing the discharge of dredged or fill material into ""navigable waters."" Under the CWA, ""navigable waters"" are defined as ""the waters of the United States"" and the Corps regulations define such waters to include intrastate waters, of which damage could affect interstate commerce. Subsequently, the Corps denied the SWANCC a permit. The District Court ruled in SWANCC's favor. In reversing, the Court of Appeals held that Congress has authority under the Commerce Clause to regulate intrastate waters. +" +TEST_1008,Davis,Passman,"Davis, a former employee of Louisiana Congressman Otto Passman, charged Passman with violating her Fifth Amendment right to due process. Prior to the time of her firing Passman wrote a note explaining that, even though he knew Davis as an ""able, energetic, and a hard, hard worker"", he preferred a man to work in her position. The Court of Appeals ruled that Davis had no civil remedies under the Fifth Amendment due process requirement. +" +TEST_1009,Minnesota,Marshall Donald Murphy,"In 1974, Marshall Murphy was questioned by Minneapolis police about the rape and murder of a teenage girl, but he was never charged. In 1980, Murphy pleaded guilty to false imprisonment in an unrelated criminal sexual conduct case and was sentenced to a 16-month suspended prison sentence and three years probation. During probation, Murphy was required to participate in a treatment program for sex offenders at Alpha House and to see a probation officer. While at Alpha House, Murphy admitted to the 1974 rape and murder. An Alpha House counselor contacted Murphy’s probation officer about the admission and the officer called Murphy in for a meeting. During the meeting Murphy became angry and said he “felt like calling a lawyer” but still admitted to the rape and murder. The probation officer relayed the information from the meeting to the police, and Murphy was arrested and charged with first-degree murder. +At trial, Murphy tried to suppress testimony about the confession, arguing that it was obtained in violation of the Fifth and Fourteenth Amendments. The trial court found that Murphy was not in custody at the time of the confession, and the confession was not compelled or involuntary. The Minnesota Supreme Court reversed, concluding that the confession violated the Fifth Amendment because Murphy’s parole officer knew that Murphy’s answers were likely to be incriminating. +" +TEST_1010,"Gary Bartlett, Executive Director of North Carolina State Board of Elections, et al.",Dwight Strickland et al.,"Dwight Strickland, a commissioner in Pender County, NC, along with several other county commissioners, brought this suit against state officials alleging that their redistricting plan was in violation of the North Carolina Constitution. The state officials argued that the redistricting plan was required by the Voting Rights Act of 1965 (VRA), stating that the minority group in question, comprised of African-American North Carolina citizens, was sufficiently large and geographically compact to constitute a majority under the terms of the VRA. The North Carolina Superior Court agreed with the state officials and entered summary judgment in their favor. +The North Carolina Supreme Court reversed on appeal, holding that the minority group did not comprise a numerical majority of citizens and, therefore, redistricting was not required by the VRA. Because the redistricting plan did not meet the conditions of the VRA, the court said, it had to comply with certain terms of North Carolina's Constitution setting a minimum county population for redistricting. The court found that the county did not meet this requirement, and declared the plan unlawful. +" +TEST_1011,R.G. & G.R. Harris Funeral Homes Inc.,"Equal Employment Opportunity Commission, et al.","Aimee Stephens worked as a funeral director at R.G. & G.R. Harris Funeral Homes, Inc., which is a closely held for-profit corporation that operates several funeral homes in Michigan. For most of her employment at the Funeral Home, Stephens lived and presented as a man. Shortly after she informed the Funeral Home’s owner and operator that she intended to transition from male to female, she was terminated. +Stephens filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging that she had been terminated based on unlawful sex discrimination. After conducting an investigation, the EEOC brought a lawsuit against the Funeral Home charging that it had violated Title VII of the Civil Rights Act of 1964 by terminating Stephen’s employment on the basis of her transgender or transitioning status and her refusal to conform to sex-based stereotypes. +The district court granted summary judgment to the Funeral Home, and a panel of the US Court of Appeals for the Sixth Circuit reversed, holding that the Funeral Home’s termination of Stephens based on her transgender status constituted sex discrimination in violation of Title VII. +" +TEST_1012,New Prime Inc.,Dominic Oliveira,"Dominic Oliveira completed an apprenticeship program offered by New Prime Inc. (Prime), an interstate trucking company. After Oliveira graduated from the program, Prime representatives advised Oliveira to set up a limited liability company and work for Prime as an independent contractor, as manifested by an independent contractor operating agreement signed by Oliveira on behalf of his new LLC. Oliveira alleges that Prime exercised significant control over his work, inconsistent with his status as an independent contractor. Oliveira terminated his contractor relationship with Prime and began working as an employee of Prime, where his job responsibilities were “substantially identical” to those he had as an independent contractor. +Oliveira then brought a class-action lawsuit against Prime, alleging violations of the Fair Labor Standards Act (FLSA), a state minimum-wage statute, among other claims. Prime filed a motion to compel arbitration under the Federal Arbitration Act (FAA), which Oliveira opposed on the grounds that the contract is exempted under Section 1 of the FAA and that anyway, the question of applicability of the Section 1 exemption was one for the court to decide. +The district court concluded that the question of applicability of Section 1 of the FAA was for the court to decide, and it then held that “contracts of employment of transportation workers” does not extend to independent contractors. Having reached this conclusion, the district court ordered additional discovery on the issue of whether Oliveira was an employee or an independent contractor in order to be able to decide whether the contract was a contract of employment under Section 1. The district court thus denied Prime’s motion to compel arbitration. +The US Court of Appeals for the First Circuit affirmed the district court’s order denying the motion to compel arbitration, finding that the applicability of the FAA is a threshold question for the court to determine. The appellate court then held that Section 1 does apply to agreements that purport to establish an independent-contractor relationship. +" +TEST_1013,Fauzia Din,"John Kerry, Secretary of State","Fauzia Din, who is a United States citizen, filed a visa petition for her husband Kanishka Berashk, a citizen and resident of Afghanistan. Nine months later, the State Department denied the petition based on a broad provision of the Immigration and Nationality Act that excludes aliens on terrorism-related grounds. Berashk asked for clarification of the visa denial and was told that it is not possible for the Embassy to provide him with a detailed explanation of the reasons for denial. +After several other unsuccessful attempts to receive explanation of the visa denial, Din sued and argued that denying notice for aliens who were not granted a visa based on terrorism grounds is unconstitutional. The district court held that Din did not have standing to challenge the visa denial notice. The U.S. Court of Appeals for the Ninth Circuit reversed and held that the government is required to give notice of reasons for visa denial based on terrorism grounds. +" +TEST_1014,"Pleasant Grove City, Utah et al.",Summum,"Summum, a religious organization, sent a letter to the mayor of Pleasant Grove, Utah asking to place a monument in one of the city's parks. Although the park already housed a monument to the Ten Commandments, the mayor denied Summum's request because the monument did not ""directly relate to the history of Pleasant Grove."" Summum filed suit against the city in federal court citing, among other things, a violation of its First Amendment free speech rights. The U.S. District Court for the District of Utah denied Summum's request for a preliminary injunction. +The U.S. Court of Appeals for the Tenth Circuit reversed the district court and granted Summum's injunction request. The Tenth Circuit held that the park was in fact a ""public"" forum, not a non-public forum as the district court had held. Furthermore, Summum demonstrated that it would suffer irreparable harm if the injunction were to be denied, and the interests of the city did not outweigh this potential harm. The injunction, according to the court, was also not against the public interest. +" +TEST_1015,United States,Rosa Elvira Montoya de Hernandez,"Customs officials stopped Rosa Elvira Montoya de Hernandez at the Los Angeles Airport, where she arrived after a flight from Bogota, Columbia. Montoya de Hernandez’s passport revealed eight recent trips from Bogota to Miami or Los Angeles. After further questioning, officials detained Montoya de Hernandez under suspicion that she was smuggling drugs in her alimentary canal. After 16 hours of detention where Montoya de Hernandez did not speak or use the bathroom, officials obtained a court order for an x-ray and other tests. At the hospital, a doctor removed a balloon filled with cocaine from her rectum. Over the next four days, Montoya de Hernandez passed 88 balloons filled with cocaine, totaling 528 grams. At trial, the district court admitted the cocaine into evidence and convicted Montoya de Hernandez on federal drug charges. The U.S. Court of Appeals for the Ninth Circuit reversed, holding that Montoya de Hernandez’s detention violated the Fourth Amendment because customs officials did not have a “clear indication” that she was smuggling drugs. +" +TEST_1016,Edward O'Lone,Estate of Ahmad Uthman Shabazz and Sadr-Ud-Din Nafis Mateen,"Ahmad Uthman Shabazz and Sadr-Ud-Din Nafis Mateen were inmates in New Jersey’s Leesburg State Prison. The prison classified inmates depending on the security risk each posed. Due to their classification, Shabazz and Mateen were assigned to a prison job outside of the main prison building and were not allowed to return to the main prison building during the workday. Because of these restrictions neither men, both of whom were practicing Muslims, were able to attend Juamu’ah, a weekly religious service held on Fridays. +The two men sued the prison and argued that the work policies infringed on their First Amendment rights to free exercise of religion. The federal district court found in favor of the prison and held that the prison policies plausibly advanced the goals of security, order, and rehabilitation. The U.S. Court of Appeals for the Third Circuit reversed the lower court’s ruling and held that the prison was required to show that there was no other reasonable method by which the inmate’s religious rights could be accommodated without creating actual security problems. +  +" +TEST_1017,Heckler,Day,"Title II of the Social Security Act (Act) establishes a four-step review process of disputed disability benefit claims. First, a state agency determines if a claimant has a disability and when the condition began or ended. Second, state agencies' disability determinations can be reviewed upon the claimant's request. Third, if upon review the claimant suffers an adverse finding he or she may demand an evidentiary hearing by an administrative law judge. Fourth, if a claimant is dissatisfied with the administrative law judge's decision, they may appeal to the Appeals Council of the Department of Health and Human Services (HHS). Claiming delays in excess of 90 days, during steps two and three, Leon Day sued on behalf of several similarly aggrieved Vermont claimants alleging a violation of the ""reasonable time"" hearing limitation. On appeal from the Second Circuit Court of Appeal's ruling upholding a district court's imposition of disability hearing deadlines, the Supreme Court granted HHS Secretary Margaret Heckler certiorari. +" +TEST_1018,Department of Justice,Lawyer,"Based on the 1990 census, the Florida Legislature adopted a reapportionment plan for State Senate and House districts. After the Justice Department refused to preclear the plan and it appeared as if the Governor, Senate President, and House Speaker would not convene a session, the Florida Supreme Court revised the redistricting plan itself. In 1995, C. Martin Lawyer, III, and other residents filed suit against state and federal parties, alleging that his district, Senate District 21, violated the Equal Protection Clause. The District permitted the State Senate and House of Representatives to intervene and ultimately, all the parties, but Lawyer, agreed to a settlement that revised District 21 under a new plan. The District Court rejected Lawyer's argument that the court had to find the original reapportionment plan unconstitutional, because race seemingly determined District 21's contours, before the settlement could be approved. The court approved the settlement. +" +TEST_1019,Intel Corporation,"Advanced Micro Devices, Inc.","Advanced Micro Devices (AMD) filed a complaint against Intel with the European Commission, alleging that Intel was using its size to unfairly dominate the computer microprocessor market. Complaints filed with the European Commission are first reviewed by the commission's directorate general, which does fact-finding to decide whether or not to pursue the complaint. AMD asked the directorate to review documents containing some of Intel's trade secrets from a separate American court case involving Intel. The directorate declined. +Because European law did not provide a way for AMD to gain access to the documents, AMD filed suit against Intel in United States federal district court seeking access to the documents so that it could use them to support its complaint. The suit was filed under Title 28, Section 1782 of U.S. Code, which allows (but does not require) federal district courts to give ""interested persons"" access to material for proceedings before ""foreign or international tribunal(s)."" AMD argued that, though the directorate was only a fact-finding body, the case could eventually be appealed to a trial court and was therefore covered under section 1782. Further, it argued that the directorate's unwillingness to demand the documents was irrelevant. Intel, on the other hand, argued that the directorate was not a ""foreign or international tribunal"" and that the federal district court therefore did not have the authority to compel Intel to release the documents. It also argued that the directorate's unwillingness to compel production of the documents should preclude U.S. action. +The district court sided with Intel, ruling that the directorate's investigation was not a foreign tribunal and that the court therefore could not give AMD access to the documents. A Ninth Circuit Court of Appeals panel unanimously reversed the decision. After the case was accepted for review by the U.S. Supreme Court, the European Commission filed a brief in the case supporting Intel's position that the directorate was not a foreign tribunal. +" +TEST_1020,Elizabeth Anderson Hishon,King & Spalding,"In 1972 Elizabeth Anderson Hishon accepted a position with King & Spalding (Firm), a law firm in Atlanta, Georgia. During recruitment, Hishon had been told that after five or six years there was a possibility of promotion to partner; associates with “satisfactory evaluations” would be promoted to partner on a “fair and equal basis.” Hishon claimed to have relied on this information when making her decision to accept employment with the Firm. After six years of employment, Hishon was considered for admission to the partnership and was ultimately rejected. One year later Hishon was again considered for admission and again rejected. She was told to begin seeking new employment and was let go in December 1979. +In November 1979, Hishon sued the Firm and filed her claim with the Equal Opportunity Employment Commission. Hishon claimed that she was discriminated against on the basis of her sex and that this discrimination violated Title VII of the Civil Rights Act of 1964. The Commission issued a notice of right to sue, and Hishon sued in federal district court. The district court dismissed her claim, and Hishon appealed to the U.S. Court of Appeals for the Eleventh Circuit, which affirmed that ruling. +" +TEST_1021,Village of Arlington Heights,Metropolitan Housing Development Corporation,"The Metropolitan Housing Development Corp. (MHDC) contracted with the Village of Arlington Heights (""Arlington"") to build racially integrated low-and moderate-income housing. When MHDC applied for the necessary zoning permits, authorizing a switch from a single-to a multiple-family classification, Arlington's planning commission denied the request. Acting on behalf of itself and several minority members, MHDC challenged Arlington's denial as racially discriminatory. On appeal from an adverse district court decision, the Court of Appeals reversed and the Supreme Court granted Arlington certiorari. +" +TEST_1022,United States,Arkansas Game & Fish Commission,"From 1993 through 2000, the United States Army Corps of Engineers imposed a temporary flood regime around the Dave Donaldson Black River Wildlife Management Area. The flood regime caused flooding across the region encompassed by the wildlife management area, which restricted access to and destroyed or degraded thousands of timber trees. +The petitioners brought a case in federal court in an attempt to recover under the takings clause of the Fifth Amendment for the loss of their property resulting from the United State's flood regime. The federal court held that the flood regime constituted a Fifth Amendment taking and that the United States owed petitioners approximately $5.6 million as just compensation. +The government appealed, and the appellate court reversed the lower court's judgment. The appellate court reasoned that the flood regime was a temporary government action, and that only a permanent flooding condition would constitute a taking under the Fifth Amendment. The petitioners appealed the appellate court's decision. +" +TEST_1023,Craig,Maryland,"Sandra Ann Craig, the operator of a kindergarten and pre-school facility, was accused of sexually abusing a six-year-old child. Over Craig's objections, a trial court allowed the alleged child victim to testify via one-way closed circuit television. The child testified outside the courtroom while Mrs. Craig, through electronic communication with her lawyer, could make objections. The judge and jury also viewed the testimony in the courtroom. This was done in order to avoid the possibility of serious emotional distress for the child witness. The trial court convicted Craig, but the Maryland high court reversed. +" +TEST_1024,"Gerald Devenpeck, et al.",Jerome Anthony Alford,"Tony Alford was driving when Washington state police, concerned Alford was impersonating a police officer, pulled him over. During a search of Alford's car, police found a tape recorder recording the traffic stop. The police arrested Alford and said he had made an illegal recording of a private conversation - a violation, they said, of the state's Privacy Act. A state court judge dismissed charges against Alford, ruling - as another state court already had - that the Privacy Act did not apply to public police work. +Alford then sued the officers in federal district court, alleging his arrest violated the Fourth Amendment right to be free from unreasonable seizure. The district court ruled for the officers. +The Ninth Circuit Court of Appeals reversed and ruled the officers violated Alford's Fourth Amendment rights. The facts and law were so clearly established that no reasonable officer could believe Alford violated the Privacy Act. Therefore the officers lacked probable cause for the arrest and were not protected by qualified immunity. The court rejected the officers' argument that the arrest was constitutional because there was probable cause Alford committed the crime of impersonating a police officer. That was not the reason police gave during the arrest. The Ninth Circuit said there was only one instance when an arrest for a reason the police did not articulate was constitutional: if that reason was closely related to the stated reason for the arrest. Impersonating a police officer was not closely related to violating the state Privacy Act. Other circuit courts disagreed with the Ninth Circuit's ""closely related offense doctrine."" +" +TEST_1025,Crane,Kansas,"In 1997, the U.S. Supreme Court upheld the constitutionality of the Kansas Sexually Violent Predator Act in Kansas v. Hendricks, 521 U.S. 346. In doing so, the Court characterized a dangerous sexual offender's confinement as civil rather than criminal and held that the confinement criterion embodied in the statute's words -- ""mental abnormality or personality disorder"" -- satisfied substantive due process. When the state of Kansas filed a petition in a Kansas district court to have Michael T. Crane, a previously convicted sexual offender, committed, the Kansas District Court ordered his civil commitment. In reversing, the State Supreme Court concluded that Hendricks requires a finding that the defendant cannot control his dangerous behavior even if, as provided by Kansas law, problems of emotional, and not volitional, capacity prove the source of behavior warranting commitment. The trial court had made no such finding. +" +TEST_1026,Richard Guy Steffel,"John R. Thompson, et al.","On October 8, 1970, Richard Guy Steffel and other individuals were distributing flyers protesting American involvement in the Vietnam War on the exterior sidewalk of the North DeKalb Shopping Center. Employees asked them to stop, but they did not, so the employees called the police. The police informed them that they would be arrested under a Georgia criminal statute if they did not stop, so they left. The next day Steffel and another individual returned to hand out flyers. The police were called again, and Steffel left to avoid arrest. The other individual, however, was arrested. +Steffel sued and argued that his First and Fourteenth Amendment rights were violated because his fear of being arrested kept him from distributing flyers. The district court dismissed the action and denied all relief after it found no evidence that the state acted in bad faith and therefore there was no active controversy. The U.S. Court of Appeals for the Fifth Circuit affirmed. +" +TEST_1027,Alabama,Evan Miller,"In July 2003, Evan Miller, along with Colby Smith, killed Cole Cannon by beating Cannon with a baseball bat and burning Cannon's trailer while Cannon was inside. Miller was 14 years old at the time. In 2004, Miller was transferred from the Lawrence County Juvenile Court to Lawrence County Circuit Court to be tried as an adult for capital murder during the course of an arson. In 2006, a grand jury indicted Miller. At trial, the jury returned a verdict of guilty. The trial court sentenced Miller to a mandatory term of life imprisonment without the possibility of parole. +Miller filed a post trial motion for a new trial, arguing that sentencing a 14-year-old to life without the possibility of parole constituted cruel and unusual punishment in violation of the Eighth Amendment. The trial court denied the motion. On appeal, the Alabama Court of Criminal Appeals affirmed the lower court's decision. The Supreme Court of Alabama denied Miller's petition for writ of certiorari. +In the companion case, petitioner Kuntrell Jackson, along with Derrick Shields and Travis Booker, robbed a local movie store in Blytheville, Arkansas in November, 1999. The three boys were 14 years old at the time. While walking to the store, Jackson discovered that Shields was hiding a shotgun in his coat. During the robbery, Shields shot the store clerk and the three boys fled the scene. Jackson was tried and convicted of capital murder and aggravated robbery in July, 2003. The trial court sentenced Jackson to a mandatory term of life imprisonment without the possibility of parole. +In January 2008, Jackson filed a petition seeking a writ of habeas corpus in circuit court. He argued that his sentence was unusual and excessive, violating his rights under the Eighth and Fourteenth Amendments. The circuit court dismissed the petition and Jackson appealed. The Supreme Court of Arkansas affirmed the lower court's decision. +" +TEST_1028,"Belinda Stewart, Superintendent, Stafford Creek Corrections Center",Lonnie Lee Burton,"Burton was convicted of burglary, robbery, and rape. Under the standard state sentencing guidelines, the burglary and robbery alone warranted the maximum sentence for a single criminal event. In order to make sure the rape was punished as well, the trial judge added a consecutive sentence for the rape to the standard sentence. +Burton filed a habeas corpus petition challenging his sentence in federal court. He argued that under Blakely v. Washington, handed down after his conviction, the jury rather than the judge should have decided whether to add the extra sentence. The government argued that the holding in Blakely was a ""new rule."" Under the Court's decision in Teague v. Lane, new rules of criminal procedure do not apply retroactively. Burton countered that the relevant rule was actually established in Apprendi v. New Jersey, a decision handed down before his conviction became final. Burton also argued that even if Blakely is a new rule, it is essential for a fair trial. New rules that are essential for the fundamental fairness of trials can apply retroactively. +The Ninth Circuit Court of Appeals ruled against Burton. The Appeals Court held that Blakely was a new rule, so it could not be used by Burton in his appeal. +" +TEST_1029,"CSX Transportation, Inc.","Alabama Department of Revenue, et al.","Alabama imposes a 4% sales tax on the gross receipts of retail businesses and a 4% use tax on storage, use, or consumption of tangible personal property. Accordingly, rail carriers that purchase diesel fuel within the state are subject to a 4% sales tax. However, motor and water carriers that purchase fuel in Alabama pay an excise tax of $0.19 per gallon. +In 2008, CSX Transportation, Inc. (CSX) sued the Alabama Department of Revenue for violating the Railroad Revitalization and Regulatory Reform Act of 1974 (4-R Act), which targeted local and state taxation schemes that discriminated against rail carriers. CSX argued that the sales tax was discriminatory because it required the rail carriers to pay more than their competitors for purchasing diesel fuel in the state. The district court dismissed the case and U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal by citing precedent that held that a railroad could not challenge its competitors' exemptions from a sales tax as discriminatory under the 4-R Act. The Supreme Court granted certiorari, overturned the ruling, and remanded the case. On remand, the district court conducted a bench trial and issued an order holding that the state's sales tax does not discriminate against rail carriers for the purposes of the 4-R Act, because the amount that motor carriers paid was roughly equal to that paid by rail carriers. The Court of Appeals reversed the lower court's decision and held that the tax is discriminatory because the state had not offered sufficient justification for exempting CSX's competitors from the sales tax. +" +TEST_1030,Weeks,Angelone,"Lonnie Weeks, Jr., was found guilty of capital murder in the death of Virginia State Trooper Jose Cavazos. During the penalty phase of his trial, the prosecution sought to prove two aggravating circumstances. Weeks' defense presented 10 witnesses in mitigation. During deliberations, the jurors sent the trial judge a note asking whether, if they believed Weeks guilty of at least one of the aggravating circumstances, it was their duty to issue the death penalty, or whether they must decide whether to issue the death penalty or a life sentence. In responding, the trial judge only referred the jury to their instructions, which stated: ""If you find from the evidence that the Commonwealth has proved, beyond a reasonable doubt, either of the two [aggravating circumstances], and as to that alternative, you are unanimous, then you may fix the punishment...at death, or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment...at life imprisonment."" The defense counsel objected, arguing for the judge to instruct the jury it could find one or both of the aggravating circumstances and still impose a life sentence. In finding one of the aggravating circumstances and after considering the evidence in mitigation, the jury returned a unanimous verdict fixing Weeks' punishment at death. On appeal to the Virginia Supreme Court, Weeks' presented 47 assignments of error, of which his assignment of error respecting the judge's answering the jury's question about mitigating circumstances was number 44. The court affirmed Weeks' conviction and sentence. Weeks' petition for federal habeas relief was ultimately denied. +" +TEST_1031,Marley Company,Weisgram,"Bonnie Weisgram died of carbon monoxide poisoning during a fire in her home. Chad Weisgram, her son, brought a diversity suit in federal District Court, seeking wrongful death damages, alleging that a defective heater, manufactured by Marley Company and used by Bonnie Weisgram, cause both the fire and her death. At trial, Weisgram introduced the testimony of three supposed experts to prove the alleged heater defect and its causal connection to the fire. Marley's objection that the testimony was unreliable, and therefore inadmissible under Federal Rule of Evidence 702, was overruled by the District Court. After Weisgram's evidence was introduced, Marley again unsuccessfully moved under Federal Rule of Civil Procedure 50(a) for judgment as a matter of law on the ground that Weisgram had failed to meet his burden of proof on the issues of defect and causation. Ultimately, the jury returned a verdict for Weisgram. Afterwards, Marley, once again, requested judgment as a matter of law. Additionally, Marley requested a new trial. The court denied the motions and entered judgment for Weisgram. In reversing, the Court of Appeals held that Marley's motion for judgment as a matter of law should have been granted because the testimony of Weisgram's expert witnesses, the sole evidence supporting the product defect charge, was speculative and not shown to be scientifically sound. The appeals court did not order a new trial. +" +TEST_1032,Duane Edward Buck,"Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division","In July 1995, Duane Edward Buck was arrested for the murder of his ex-girlfriend, Debra Gardner, and her friend Kenneth Butler. Buck was convicted of capital murder for both of the deaths. During the penalty phase of trial, the prosecution presented evidence of Buck’s future dangerousness based on his criminal history, his conduct, and his demeanor before and after arrest. The defense presented the testimony of a clinical psychologist to evaluate the risk of future dangerousness. That expert stated that he considered demographic factors, including race, in his analysis and that, statistically, minorities are overrepresented in the criminal justice system. On cross-examination, the prosecution clarified that the expert’s opinion was that the race factor “black” increased the likelihood of future dangerousness. The jury found that there was sufficient evidence of Buck’s future dangerousness without any sufficient mitigating factors to justify a life sentence, so the jury sentenced Buck to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence. +Buck filed various claims for state and federal habeas relief that were denied, until the U.S. Supreme Court decided Trevino v. Thaler, which held that Texas’ procedural scheme made it almost impossible to raise ineffective assistance of counsel claims on direct appeal, and therefore that a procedural default on such a claim could be excused. While some of these claims were pending, the state attorney general admitted in a different case that the state should not have called an expert witness to testify about future dangerousness of a defendant based on race and named Buck’s case as one affected by similar testimony. Buck again sought federal habeas relief based on ineffective assistance of counsel because his counsel knowingly called an expert witness who testified that race was a factor in determining future dangerousness. The district court dismissed the claim because Buck failed to show that the outcome of his trial was prejudiced. The U.S. Court of Appeals for the Fifth Circuit similarly denied Buck’s request for a Certificate of Appealability by holding that Buck did not show sufficient extraordinary circumstances to justify relief from the lower court’s judgment. +" +TEST_1033,Robert Montanile,Board of Trustees of the National Elevator Industrial Health Benefit Plan,"In late 2008, Robert Montanile was involved in a car accident that resulted in significant injuries. Montanile was covered by an employee welfare benefit plan administered by the Board of Trustees of the National Elevator Industrial Health Benefit Plan (Plan). After Montanile’s accident, the Plan dispersed over $120,000 to cover Montanile’s medical expenses. Montanile later sued the driver of the other car involved in the accident, eventually obtaining a $500,000 settlement. Per its terms, the Plan then requested that Montanile reimburse the initial $120,000 disbursement. When Montanile and the Plan were unable to reach an agreement, the Plan sued Montanile. +The Plan is governed by the Employee Retirement Income Security Act of 1974 (ERISA), which allows plan administrators to recover overpayment from a beneficiary when the recovery would constitute “appropriate equitable relief”. The trial court held that the terms of the Plan required Montanile to repay the initial $120,000, and that this repayment was appropriate equitable relief in part because the Plan was able to identify a source of funds within Montanile’s possession—the $500,000 settlement. Montanile appealed and claimed that the repayment would not be equitable relief because the settlement had been spent or disbursed to other parties. The U.S. Court of Appeals for the Eleventh Circuit held that, because the Plan had a right to reimbursement, the Plan’s lien against Montanile’s $500,000 settlement attached before Montanile spent or disbursed the funds. Therefore, Montanile could not evade the repayment by claiming the settlement funds had been spent or disbursed. +" +TEST_1034,Madsen et al.,"Women's Health Center, Inc., et al.","Women's Health Center Inc. operated several abortion clinics throughout central Florida, including the Aware Woman Center for Choice in Melbourne, Florida. In 1992, in response to anti-abortion protesters, a state court prohibited the protesters from physically abusing those entering or exiting the clinic, or otherwise interfering with access to the clinic. About 6 months later, Women's Health Center Inc. expressed a need to broaden the court order. The state court agreed, banning demonstrators from entering a 36-foot buffer-zone around the clinic, making excessive noise, using images visible to patients, approaching patients within a 300-foot radius of the clinic, and protesting within a 300-foot radius of staff residences. Petitioner Judy Madsen and her fellow protesters claimed that these restrictions violated their First Amendment right to free speech, but the Florida Supreme Court disagreed, upholding the court order. +" +TEST_1035,Scheffer,United States,"While defending himself before a military court martial on, among other things, substance abuse charges, airman Edward G. Scheffer sought to introduce his polygraph examination results. The results indicated there was ""no deception"" in Scheffer's denial that he used drugs while enlisted. Relying on Military Rule of Evidence 707 (""Rule 707""), prohibiting the use of polygraph results in court-martial proceedings, the military judge refused Scheffer's request to admit his results into evidence. On successive appeals, following his conviction on all charges, the Air Force Court of Appeals affirmed but the Court of Appeals for the Armed Forces reversed, finding the evidentiary exclusion to be unconstitutional. The United States appealed and the Supreme Court granted certiorari. +" +TEST_1036,Reno,American-Arab Anti-Discrimination Committee,"Bashar Amer, Aiad Barakat, Julie Mungai, Amjad Obeid, Ayman Obeid, Naim Sharif, Khader Hamide, and Michel Shehadeh, members of the Popular Front for the Liberation of Palestine (PFLP), were marked for deportation by the Immigration and Naturalization Service. The PFLP is characterized by the government as an international terrorist and communist organization. The resident aliens filed suit alleging the Attorney General and other federal parties had targeted them for deportation because of their affiliation with a politically unpopular group, in violation of their First and Fifth Amendment rights. Initially, the District Court enjoined the deportation proceedings. During the case, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The IIRIRA restricts judicial review of the Attorney General's ""decision or action"" to ""commence proceedings, adjudicate cases, or execute removal orders against any alien under this Act."" Reno then filed motions arguing that the IIRIRA deprived the courts of jurisdiction over the aliens' selective-enforcement claim. The District Court denied the motion. The Court of Appeals affirmed the District Court's decision on the merits. +" +TEST_1037,Florida,Chandler,"Two Miami Beach police officers were charged with burglarizing a local restaurant. Their trial gained much media attention. Local television stations televised a small portion of the trial, thanks to a recent Florida Supreme Court decision which permitted (with certain restrictions) electronic media to record judicial proceedings. Officers Chandler and Granger objected to the coverage and were found guilty as charged. +" +TEST_1038,Garner,Tennessee,"These are two consolidated cases against different defendants involving the same incident. During a chase, police officer Elton Hymon shot 15-year-old Edward Eugene Garner with a hollow tip bullet to prevent Garner from escaping over a fence. Garner was suspected of burglarizing a nearby house. Hymon admitted that before he shot he saw no evidence that Garner was armed and ""figured"" he was unarmed. The bullet hit Garner in the back of the head. Garner was taken to the hospital where he died a short time later. +Garner's father sued seeking damages for violations of Garner's constitutional rights. The district court entered judgment for the defendants because Tennessee law authorized Hymon's actions. The court also felt that Garner had assumed the risk of being shot by recklessly attempting to escape. The U.S. Court of Appeals for the Sixth Circuit reversed, holding that killing a fleeing suspect is a ""seizure"" under the Fourth Amendment and such a seizure would only be reasonable if the suspect posed a threat to the safety of police officers or the community at large. +" +TEST_1039,Saenz,Roe,"Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), states receiving Temporary Assistance to Needy Families (TANF) can pay the benefit amount of another State's TANF program to residents who have lived in the State for less than 12 months. When California announced it would enforce this option, Brenda Roe brought this class action, on behalf of other first year residents, challenging the constitutionality of the durational residency requirement. On appeal from successive adverse rulings in the lower courts, the Supreme Court granted Rita Saenz, the Director of California's Department of Social Services, certiorari. +" +TEST_1040,Richardson,McKnight,"Ronnie Lee McKnight, a prisoner at Tennessee's South Central Correctional Center (SCCC), filed suit, under 42 USC section 1983, against two prison guards after he was placed in extremely tight physical restraints. Previously, the SCCC's management had been privatized by the State. Ultimately, the prison guards, Darryl Richardson and John Walker, asserted a qualified immunity and moved to dismiss the action. The District Court denied the motion, finding that, since a private prison management firm employed them, they were not entitled to qualified immunity. The Court of Appeals affirmed. +" +TEST_1041,"Department Of Public Safety, Financial Responsibility Division, State of Utah",Harold Beck Kesler,"In June, 1957, a Utah court entered a judgment against Harold Kesler for negligently operating a motor vehicle. When Kesler failed to pay the judgment for over sixty days, the judgment’s creditors, following Utah’s Motor Vehicle Safety Responsibility Act (UMVSRA), filed the unpaid judgments with Utah’s Department of Public Safety. As a result, the Department suspended Kesler’s driver’s license and vehicle registration until he paid his judgment. +In December, 1959 Kesler, who had still failed to pay the judgment, filed for bankruptcy in federal bankruptcy court. Although this released him from his judgment debts, the Department refused to restore his driver’s license and vehicle registration. The Department claimed that, under the UMVSRA, a bankruptcy proceeding will not release debts for negligently operating a motor vehicle. +The United States District Court for the District of Utah, affirmed the law and refused to both restore his license and to invalidate Utah’s law. A direct appeal to the United States’ Supreme Court followed. +" +TEST_1042,"SW General, Inc.",National Labor Relations Board,"In 1998, Congress enacted the Federal Vacancies Reform Act (FVRA), which provided that, if a position for which the President nominates and the Senate confirms (PAS position) becomes vacant, the first assistant automatically takes over as an “acting officer” for a period of 210 days. The President may also select a senior employee from the same agency or someone in a PAS position from another agency to serve as the acting officer. Pursuant to the FVRA, when the Ronald Meisberg resigned as the General Counsel of the National Labor Relations Board (NLRB), a PAS position, the President directed Lafe Solomon, who held a senior position in the NLRB, to serve as the Acting General Counsel. Six months into his tenure, the President nominated him for the General Counsel position, but the Senate did not confirm him. On October 29, 2013, the Senate confirmed a different nominee, so by the time he stepped down, Solomon had served as Acting General Counsel from June 21, 2010, until November 4, 2013. +SW General, Inc. provides ambulance services to hospitals in Arizona. Its emergency medical technicians (EMTs), nurses, and firefighters, are negotiated by a union that had negotiated with SW General for “longevity pay,” which meant that employees who had been with the company for at least ten years were guaranteed annual bonuses. In December 2012, between the expiration of one collective bargaining agreement and the negotiation of a new one, SW General stopped paying the longevity pay. The union filed an unfair labor practices claim with the NLRB, which issued a formal complaint. An administrative law judge determined that SW General had committed unfair labor practices, and SW General filed a list of exceptions, among which was a claim that Acting General Counsel was serving in violation of the FVRA. A provision of the FVRA states that the acting officer may not become the nominee for the position, and the nominee to fill the position may not serve in an acting capacity unless that nominee was the first assistant to the vacant position for at least 90 days in the previous year. Solomon was briefly a nominee for the position, and he had not served as the first assistant to the vacant position. SW General petitioned the U.S. Court of Appeals for the District of Columbia Circuit for review, and the appellate court did not address the merits of the case because it determined that Solomon’s tenure as Acting General Counsel violated the FVRA. +" +TEST_1043,"NML Capital, Ltd.",Republic of Argentina,"During an economic crisis in 2001, the Republic of Argentina (Argentina) failed to make payments on bonds owned by foreign investors. One such bondholder, NML Capital, Ltd. (NML), later prevailed in several actions it filed against Argentina in federal district court, which entered judgments totaling more than US$2 billion in NML's favor. In order to execute the judgments against Argentina, NML served subpoenas on two banks requesting information about Argentina's assets held worldwide. Argentina moved to quash the subpoenas and argued that they violate the Foreign Sovereign Immunities Act (FSIA) by requiring the disclosure of assets that are immune from collection by NML. The district court ordered the banks to comply with the subpoena requests. The U.S. Court of Appeals for the Second Circuit affirmed, reasoning that the FSIA did not apply to the subpoena because it was a discovery order directed at commercial entities that did not have a claim to sovereign immunity. +" +TEST_1044,Community for Creative Non-Violence,Clark,"In 1982, the National Park Service issued a renewable permit to the Community for Creative Non-Violence to conduct a demonstration in Lafayette Park and the Mall in Washington, D.C. The C.C.N.V. demonstration was intended to represent the plight of the homeless, and the demonstrators wished to sleep in tent cities set up in the park. Citing anti-camping regulations, the Park Service denied the request. +" +TEST_1045,"Sixth Judicial District Court of Nevada, Humboldt County, et al.",Larry D. Hiibel,"Larry Hiibel was arrested and convicted in Nevada state court for failing to identify himself to a police officer who was investigating an assault. Nevada, and many other states, has a law that requires a person to tell an officer his name if asked. Hiibel challenged the conviction, claiming it violated his Fifth Amendment right not to incriminate himself and his Fourth Amendment right to be free from unreasonable searches. The state intermediate court and Supreme Court rejected his argument in affirming the conviction. +" +TEST_1046,Richardson,Tilton,"The federal Higher Education Facilities Act of 1963 provided construction grants to church-sponsored higher educational institutions. The grants were to be used for the construction of non-religious school facilities. The Act also stipulated that twenty years after the grant had been given, schools were free to use the buildings for any purpose. +" +TEST_1047,"Janice C. Amara, et al.",CIGNA Corp. and CIGNA Pension Plan,"Under the Employee Retirement Income Security Act (ERISA), plan administrators must provide all plan participants with a ""summary plan description"" (SPD), as well as a ""summary of material modifications"" when material changes are made to the plan. After CIGNA converted its traditional defined benefit pension plan to a cash balance plan, it issued a summary plan description to plan participants. In 2001, Janice Amara, one of the participants, filed a class-action lawsuit, claiming that CIGNA failed to comply with ERISA's notice requirements and SPD provisions. The U.S. District Court for the District Connecticut found for Amara, and the U.S. Court of Appeals for the Second Circuit affirmed, finding that the SPD misrepresented the terms of the plan itself. +" +TEST_1048,"CSX Transportation, Inc.",Thurston Hensley,"Thurston Hensley sued his longtime employer CSX Transportation Inc. (CSX) under the Federal Employers' Liability Act (FELA)in a Tennessee state court alleging that the railroad had negligently caused him to contract asbestosis. He sought pain and suffering damages for, among other things, his fear of developing lung cancer. Despite the objections of CSX, the trial court refused to provide a jury instruction as to the standard for awarding ""fear of cancer"" damages. Subsequently, the jury awarded Mr. Hensley $5 million in damages. On appeal to the Tennessee Court of Appeals, CSX argued that the trial court misapplied the Supreme Court's decision in Norfolk & Western R. Co. v. Ayers where the Court established a standard for finding ""fear of cancer"" damages. The court of appeals rejected the argument and affirmed the trial court. In its petition for certiorari to the Supreme Court, CSX argued that the Tennessee Court of Appeals misapplied the Court's decision in Ayers and that the jury should have been instructed that Mr. Hensley needed to prove that his fear of cancer was ""genuine and serious"" in order to collect damages. +" +TEST_1049,California,Hartford Fire Insurance Company,"Nineteen States and many private plaintiffs filed complaints alleging that the defendants -- domestic primary insurers, trade associations, and a reinsurance broker, along with London-based as well as domestic reinsurers -- violated Section 1 of the Sherman Act, 15 U.S.C. Section 1, by engaging in various conspiracies aimed at forcing certain other primary insurers to change the terms of their standard domestic commercial general liability insurance policies. After the actions were consolidated for litigation, the district court granted the defendants' motion to dismiss, holding that the conduct alleged fell within the grant of antitrust immunity contained in Section 2(b) of the McCarran-Ferguson Act, 15 U.S.C. Section 1012(b), and that none of the conduct amounted to a ""boycott"" within the meaning of the Section 3(b), 15 U.S.C. Section 1013(b), exemption to that grant of immunity. The court of appeals reversed. +" +TEST_1050,United States,Dickerson,"During questioning about a robbery he was connected to, Charles Dickerson made statements to authorities admitting that he was the getaway driver in a series of bank robberies. Dickerson was then placed under arrest. The timing of his statement is disputed. The FBI and local detectives testified that Dickerson was advised of his Miranda rights, established in Miranda v. Arizona, and waived them before he made his statement. Dickerson said he was not read his Miranda warnings until after he gave his statement. After his indictment for bank robbery, Dickerson filed a motion to suppress the statement that he made on the ground that he had not received Miranda warnings before being interrogated. The government argued that even if the Miranda warnings were not read, the statement was voluntary and therefore admissible under 18 USC Section 3501, which provides that ""a confession shall be admissible in evidence if it is voluntarily given."" The District Court granted Dickerson's motion, finding that he had not been read his Miranda rights or signed a waiver until after he made his statement, but the court did not address section 3501. In reversing, the Court of Appeals acknowledged that Dickerson had not received Miranda warnings, but held that section 3501 was satisfied because his statement was voluntary. The court held that ""Congress enacted section 3501 with the express purpose of legislatively overruling Miranda and restoring voluntariness as the test for admitting confessions in federal court."" +" +TEST_1051,"Richard F. Allen, Commissioner, Alabama Department of Corrections, et al.",Holly Wood,"In 1994, Holly Wood was convicted in an Alabama state court of capital murder during a first-degree burglary and sentenced to death. Both the Alabama Court of Criminal Appeals and the Alabama Supreme Court affirmed the conviction and sentence. Mr. Wood subsequently filed for post-conviction relief under Alabama Rule of Criminal Procedure 32, arguing that he was mentally retarded and thus not eligible for a death sentence and that his trial counsel was ineffective. The Rule 32 court disagreed and denied his petition. Mr. Wood then filed for federal habeas corpus relief in an Alabama federal district court. The district court granted relief, agreeing that Mr. Wood's counsel was ineffective at sentencing because they failed to present evidence of Mr. Wood's deficient intellectual deficiencies. +On appeal, the U.S. Court of Appeals for the Eleventh Circuit reversed. It held that Mr. Wood's counsel was not ineffective. The court reasoned that Mr. Wood's attorneys acted reasonably when they decided it was in Mr. Wood's best interest to leave out information that illustrated his mental deficiencies. Moreover, the court recognized that while Mr. Wood's counsel included an inexperienced attorney, he merely acted as an assistant to the two experienced attorneys chiefly responsible for the case. +" +TEST_1052,"Samsung Electronics Co., Ltd., et al.",Apple Inc.,"In April 2011, Apple Inc. (Apple) sued Samsung Electronics, Co., Ltd. (Samsung) and argued that certain design elements of Samsung’s smartphones infringed on specific patents for design elements in the iPhone that Apple holds. The jury held that Samsung had infringed on Apple’s patents and awarded over $1 billion in damages. The district court ordered a partial retrial on the issue of damages because some damages had been awarded for a period in which Samsung did not have notice of some of the asserted patents. On retrial, the jury awarded nearly $300 million in damages. On appeal, Samsung argued that the district court erred in allowing the jury to award damages based on Samsung’s entire profits, rather than the fraction of profits directly attributable to the infringed patents themselves. The U.S. Court of Appeals for the Federal Circuit affirmed the district court’s award of damages because Samsung did not argue that there was a lack of substantial evidence to support the award. +" +TEST_1053,"Wilfred Denno, Warden",Theodore Stovall,"On August 23, 1961, Dr. Paul Berheldt was stabbed to death in the kitchen of his home. His wife was also injured in the attack. The next day, Theodore Stovall was arrested for the murder and promptly arraigned, but he did not yet have counsel. On August 25, although Stovall had still not retained counsel, police brought him to the hospital room where Mrs. Berheldt’s was recovering from surgery to see if she could identify him. Stovall was the only African-American man in the room and was handcuffed to a police officer. Mrs. Berheldt positively identified him after he was directed to say a few words for voice identification purposes. The prosecution used this identification as evidence in the trial, and Mrs. Berheldt again identified Stovall in court. +Stovall was convicted, and the New York Court of Appeals affirmed. Stovall sought habeas corpus relief in district court on the grounds that Mrs. Berheldt’s identification was inadmissible. The district court dismissed after hearing argument on an unrelated issue. The Court of Appeals for the Second Circuit affirmed. +In 1967, the Court issued rulings in United States v. Wade and Gilbert v. California that excluded identification evidence from trial when identification came from a tainted lineup — one at which the defendants did not have counsel present. +" +TEST_1054,Hunt,Washington State Apple Advertising Commission,"In 1972, the North Carolina Board of Agriculture adopted a regulation that required all apples shipped into the state in closed containers to display the USDA grade or nothing at all. Washington State growers (whose standards are higher than the USDA) challenged the regulation as an unreasonable burden to interstate commerce. North Carolina stated it was a valid exercise of its police powers to create ""uniformity"" to protect its citizenry from ""fraud and deception."" +" +TEST_1055,National Labor Relations Board,New Process Steel,"The union representing employees at a New Process Steel plant in Butler, Indiana failed to reach an agreement over a new contract with New Process Steel. The union subsequently filed unfair labor practices claims with the National Labor Relations Board (""NLRB"") arguing that New Process Steel failed to honor its collective bargaining agreement to deal with the union as the exclusive representative of employees of the plant. A two-member panel of the NLRB agreed with the union. On appeal, New Process Steel argued that the NLRB's decision was invalid because 29 U.S.C. § 153(b) of the National Labor Relations Act requires that three members of the five member National Labor Relations Board shall ""at all times"" constitute a quorum. +The U.S. Court of Appeals for the Seventh Circuit disagreed and affirmed the judgment of the board. The court held that the NLRB had power to delegate its authority to a group of three of its members. In which case, two sitting members constituted a quorum. Therefore, the NLRB appropriately rendered its decision. +" +TEST_1056,Usery,National League of Cities,"In 1974, Congress passed amendments to the Fair Labor Standards Act of 1938. The purpose of the amendments was to regulate minimum wage and overtime pay for state and local government employees. The National League of Cities, as well as several states and cities, challenged the constitutionality of the amendments. +" +TEST_1057,Kevin C. Rotkiske,"Paul Klemm, et al.","Kevin Rotkiske accumulated credit card debt between 2003 and 2005, which his bank referred to Klemm & Associates for collection. Klemm filed a collections lawsuit against Rotkiske in March 2008 but was unable to locate him for service of process. Klemm refiled its suit in January 2009 and attempted to serve Rotkiske at the same address. Unbeknownst to Rotkiske, someone at that address accepted service on his behalf, and Klemm obtained a default judgment against him. Rotkiske only discovered the judgment when he applied for a mortgage in September 2014. +Rotkiske filed the present action against Klemm alleging that its actions violate the Fair Debt Collection Practices Act (FDCPA). Klemm moved to dismiss the claim as time-barred, and the district court granted the motion to dismiss. The FDCPA provides that any action under the Act must be brought “within one year from the date on which the violation occurs.” Rotkiske argued that the statute incorporates a “discovery rule,” which is recognized in both the Fourth and Ninth Circuits and which “delays the beginning of a limitations period until the plaintiff knew or should have known of his injury.” The district court rejected this argument, finding that under a plain reading of the statute, the limitations period begins at the time of injury. Rotkiske appealed, but before the appellate panel issued its opinion and judgment, the Third Circuit ordered rehearing en banc. The Third Circuit, sitting en banc, affirmed the judgment of the district court. +" +TEST_1058,"Caspar W. Weinberger, Secretary of Defense","Carlos Romero-Barcelo, Radamees Tirado Guevara, Environmental Quality Board","The island of Vieques lay six miles off the southeastern coast of Puerto Rico. Vieques’ population of 8,000 mostly lived in two coastal towns and in a rural area outside of those two towns. Of a total area of approximately 33,000 acres, the United States Navy owned 25,231.72 acres, slightly more than 76% of the island. +The Navy’s installations on the eastern part of Vieques were part of a large military complex known as the Atlantic Fleet Weapons Training Facility, headquartered at Roosevelt Roads Naval Station. This consisted of four firing ranges; the outer range was a large area of ocean thirty-five miles to the north and twenty miles to the south of Vieques. Two separate inland areas were used for artillery training, strafing, air-to-ground bombing, and simulating close air support; no targets existed in the area between the eastern border of these areas and Punta Este, the easternmost point of Vieques. During air-to-ground training, however, pilots sometimes accidentally discharged ordnance into the navigable waters around Viques. +Carlos Romero-Barceleo was the governor of the Commonwealth of Puerto Rico. Along with Radamees Tirado Guevara, the mayor of Vieques, and Puerto Rico’s Environmental Quality Board, Romero-Barceleo sought to enjoin the United States Navy from using any part of its lands in Vieques, or in its surrounding waters, to carry out naval training operations. Plaintiffs alleged harm to all residents of Vieques and violations of numerous environmental laws, including the Federal Water Pollution Control Act (FWPCA). Under the FWPCA, the addition of any pollutant from any point source into the navigable waters of the United States required a National Pollutant Discharge Elimination System (NPDES) permit from the Environmental Protection Agency. +The district court acknowledged that the release of ordnance into navigable waters was a discharge of pollutants, but it refused to enjoin Navy operations, instead ordering the Navy to apply for an NPDES permit. The United States Court of Appeals, First Circuit, reversed. It ordered the Navy to cease operations until it obtained an NPDES permit. It held that the Navy has an absolute statutory obligation to stop any discharges of pollutants until it obtains a permit despite the importance of its operations to the public good. +" +TEST_1059,"Maria Stapleton, et al.","Advocate Health Care Network, et al.","The Employee Retirement Income Security Act of 1974 (ERISA) protects employees from unexpected losses in their retirement plans by putting in place required safeguards on plans that qualify for ERISA protections. Church plans are exempted from the Act and its protections to prevent excessive entanglement of the government with religion through regulation. +Maria Stapleton and the other plaintiffs in this case are a group of employees who work for Advocate Health Care Network (Advocate), which operates hospitals, inpatient, and outpatient treatment centers through northern Illinois, and are members of Advocate’s retirement plan. Advocate formed in 1995 as the result of a merger between two religiously affiliated hospital systems (though neither system was owned or financially operated by the church with which it was affiliated). Advocate is also affiliated with a church, and though it is not owned or financially operated by the church, it maintains contracts with the church and “affirms [the church’s] ministry.” The plaintiffs in this case sued Advocate and argued that the Advocate retirement plan is subject to ERISA, and therefore Advocate has breached its fiduciary duty by failing to adhere to ERISA’s requirements. The defendants moved for summary judgment because the Advocate plan fell under the ERISA exemption for church plans. The district court denied the motion because it determined that a plan established and maintained by a church-affiliated organization was not a church plan within the meaning of the statutory language. The U.S. Court of Appeals for the Seventh Circuit affirmed, and this case was consolidated with two other ones presenting the same issue before the Supreme Court. +" +TEST_1060,National Labor Relations Board,"Town & Country Electric, Inc., et al.","Town & County Electric, Inc., a non-union company, sought to fill several positions for a construction job in Minnesota. Town & Country received applications from union staff, but refused to interview any of the applicants except one, who was eventually hired and fired soon thereafter. These individuals applied with the intention to organize Town & Country and were to remain on Union payroll during their time of employment. The union, the International Brotherhood of Electrical Workers, filed a complaint with the National Labor Relations Board claiming that Town & Country had refused to interview and retain the workers because of their union affiliation, a violation of the National Labor Relations Act. The Board held that the 11 individuals met the definition of employees under the Act and rejected Town & Country's claims that the individuals had been refused for other reasons. +The U.S. Court of Appeals for the Eighth Circuit reversed on the ground that the term ""employee"" does not include those individuals who remain on Union payroll during their time of employment with another company. +" +TEST_1061,City of Los Angeles,"Naranjibhai Patel, et al.","Naranjibhai and Ramilaben Patel are owners and operators of motels in Los Angeles. The Los Angeles Municipal Code (LAMC) requires motel operators to keep records with specified information about their guests. The LAMC also authorizes police officers to inspect hotel records at any time without a search warrant. The Patels filed suit and argued that the provision violated their Fourth Amendment protections against unreasonable searches. The city of Los Angeles argued that motels are ""closely regulated"" businesses and are therefore subject to warrantless inspections. +The district court determined that motels were not subjected to the same kind of pervasive and regular regulations as other recognized ""closely regulated"" businesses. Nonetheless, the court held that motels do not have an ownership interest that gives rise to a privacy right in their records because the records were created to comply with the ordinance. The U.S. Court of Appeals for the Ninth Circuit initially affirmed, but later reversed in rehearing en banc. The appellate court held that the hotel records were private ""papers"" protected by the Fourth Amendment and that the LAMC's warrantless search provision was unreasonable because it does not provide for pre-compliance judicial review of an officer's demand to inspect a motel's records. +" +TEST_1062,Erik Brunetti,"Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office","Erik Brunetti owns the clothing brand “fuct,” founded in 1990. In 2011, two individuals filed an intent-to-use application for the mark FUCT, and the original applicants assigned the application to Brunetti. The examining attorney refused to register the mark under Section 2(a) of the Lanham Act, finding it comprised immoral or scandalous matter (the pronunciation of “fuct” sounds like a vulgar word) in violation of that section. Brunetti requested reconsideration and appealed to the Trademark Trial and Appeal Board, which affirmed the examining attorney’s refusal to register the mark. The US Court of Appeals for the Federal Circuit found that while the Board did not err in concluding the mark should be excluded under Section 2(a) of the Lanham Act, that section’s bar on registering immoral or scandalous marks is an unconstitutional restriction of free speech. +" +TEST_1063,United States,"Mayo Foundation for Medical Education and Research, et al.","The Mayo Foundation for Medical Education and Research (""Mayo"") and the University of Minnesota (""University"") sued the United States in a Minnesota federal district court seeking a refund for taxes paid under the Federal Insurance Contributions Act (""FICA""). They argued that payments made to doctors in their residency qualify for FICA's student exemption. The district court agreed and awarded judgment in favor of Mayo and the University. +On appeal, the U.S. Court of Appeals for the Eighth Circuit reversed, holding that the residents in this case did not qualify for the FICA exemption. The court reasoned that Treasury Regulation 26 U.S.C. § 3121(b)(10) excludes ""full-time employees"" from the FICA student exemption. Here, the resident doctors were full-time employees and, therefore, were excluded from the FICA exemption. +" +TEST_1064,State of Kansas,Scott D. Cheever,"On January 19, 2005, Scott D. Cheever shot and killed Greenwood County Sheriff Matthew Samuels at the residence of Darrell and Belinda Coopers in Hilltop, Kansas. Samuels had gone to the Coopers' residence based on a tip to arrest Cheever for outstanding warrants. He found the Coopers, Cheever, and two others cooking and ingesting methamphetamines. In the following attempts to arrest Cheever and retrieve the injured Samuels, Cheever also shot at several other officers. +At trial, Cheever asserted a voluntary intoxication defense and argued that the methamphetamine use rendered him mentally incapable of the premeditation required for murder. During the course of the trial, the judge ordered Cheever to undergo a psychiatric examination conducted by a psychiatric hired by the government. The prosecution sought to bring the transcript of the interview into evidence to impeach Cheever's testimony regarding the order of events at the Coopers' residence, which the court allowed. After the defense rested their case, the prosecution called the psychiatrist to the stand as a rebuttal witness to respond to the defense's claims regarding Cheever's mental capacity at the time of the crime. The trial court allowed the psychiatrist's testimony as a rebuttal witness. The jury found Cheever guilty and, at a separate sentencing hearing, sentenced him to death. The Kansas Supreme Court held that the admission of the government psychiatrist's testimony into evidence violated Cheever's Fifth Amendment rights. +" +TEST_1065,State of Hawaii,Office of Hawaiian Affairs,"The Office of Hawaiian Affairs (OHA), filed suit against the state of Hawaii to prevent the transfer of ""ceded"" lands for the purpose of private development. The OHA was established to manage the proceeds from lands ceded by the Kingdom of Hawaii following its overthrow by the United States. The lands were marked to provide for the benefit of native Hawaiians. The OHA argued that ""any transfer of ceded lands by the State to third parties would amount to a breach of trust"" and would be without consideration of the claims of native Hawaiians to those lands. However, the trial court held that the State did have the power to transfer the lands. The OHA appealed. +The Supreme Court of Hawaii overruled the trial court's decision and remanded the case with instructions to issue an injunction to prevent the transfer of ceded lands from the public trust. In its reasoning, it cited Ahuna to illustrate that the State as trustee of these lands was under an obligation to administer the trust 'solely in the interest of the beneficiary' (native Hawaiians). Further, it gave great weight to the Apology Resolution passed by the United States Congress in 1993 to mark the 100th Anniversary of the overthrow of the Kingdom of Hawaii. This resolution stated that ""native Hawaiians (1) 'never directly relinquished their claims to… their national lands to the United States,' and (2) 'are determined to preserve, develop and transmit to future generations their ancestral territory.'"" Therefore, the court held, it was the responsibility of the State of Hawaii to preserve the ceded lands in the public trust, at least until such land claims were resolved. +" +TEST_1066,State Bar of Arizona,Bates,"In regulating the Arizona Bar, the Supreme Court of Arizona restricted advertising by attorneys. Bates was a partner in a law firm which sought to provide low-cost legal services to people of moderate income who did not qualify for public legal aid. Bates and his firm would only accept routine legal matters (many of which did not involve litigation) and depended on a large number of patrons given the low financial return from each client. In assessing their concept of legal services, Bates's firm decided that it would be necessary to advertise its availability and low fees. +" +TEST_1067,Robert Kaupp,Texas,"In January 1999, a 14-year-old girl disappeared. The police discovered that she had been having a sexual relationship with her 19-year-old half-brother, who had been with Robert Kaupp on the day of the girl’s disappearance. The police questioned the girl’s half-brother and Kaupp at police headquarters and allowed Kaupp to leave. The half-brother later confessed to stabbing the missing girl and implicated Kaupp in the crime. The police failed to obtain a warrant to question Kaupp, but they went to his home in the middle of the night and were given permission to enter by Kaupp’s father. Police officers awakened Kaupp and said, “We need to go and talk,” and Kaupp responded, “Okay.” Wearing only his pajamas and no shoes, Kaupp was handcuffed and taken for questioning. There is no evidence that Kaupp was told he could decline to go with the officers for questioning. Kaupp was read his Miranda rights at the police station and, after being informed of the half-brother’s confession, admitted to some involvement in the crime. At trial, Kaupp moved to suppress his confession as the fruit of an illegal arrest. The motion was denied, and Kaupp was convicted of murder and sentenced to 55 years in prison. The Texas Court of Appeals confirmed the district court’s conviction and held that no arrest had occurred until after Kaupp’s confession because Kaupp’s statement indicated that he consented to going with the officers. The Texas Court of Criminal Appeals denied discretionary review. +" +TEST_1068,"Jesus Mesa, Jr.","Jesus C. Hernandez, et al.","On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was playing with friends on the cement culvert of the Rio Grande that separates El Paso, Texas from Juarez, Mexico. Hernandez and his friends took turns running up the incline of the culvert to touch the barbed-wire fence on the U.S. side of it and then running back down the incline to the Mexican side. Jesus Mesa, Jr., a U.S. Border Patrol Agent, arrived on the scene and detained one of Hernandez’s friends at the U.S. border, while Hernandez retreated to the Mexican side of the River and hid behind the pillars of the Paso del Norte bridge. Mesa, still standing on the U.S. side of the border, fired at least two shots at Hernandez, one of which struck him in the head and killed him. +Six months after Hernandez’s death, his parents sued Mesa in federal district court in Texas and alleged that Mesa violated the Fourth and Fifth Amendments of the U.S. Constitution through the use of deadly force and the failure to use of reasonable force when making arrests. Mesa moved to dismiss and argued that Hernandez lacked constitutional protection because he was an alien without voluntary attachments to the United States who was standing in Mexico when he was killed. Applying a formalist test, the district court concluded that the Constitution’s deadly-force protections stop at the border for non-citizens like Hernandez. The U.S. Court of Appeals for the Fifth Circuit affirmed in part and reversed in part and held that the Fifth Amendment protections against deadly force applied but not the Fourth Amendment protections. The appellate court also held that Mesa was not entitled to qualified immunity. Rehearing the case en banc, the appellate declined to answer the Fifth Amendment question, but held that Mesa was entitled to qualified immunity and that Hernandez could not assert a claim under the Fourth Amendment because he was a Mexican citizen without a significant voluntary connection to the United States who was on Mexican soil when he was shot and killed. +" +TEST_1069,Oklahoma,Jimcy McGirt,"Jimcy McGirt, a member of the Muscogee (Creek) Nation was convicted of sex crimes against a child by the state of Oklahoma within the historical Creek Nation boundaries. He argued that Oklahoma could not exercise jurisdiction over him because under the Indian Major Crimes Act, any crime involving a Native American victim or perpetrator, or occurring within recognized reservation boundaries, is subject to federal jurisdiction, not state jurisdiction. +" +TEST_1070,State of Florida,Joelis Jardines,"On November 3, 2006, the Miami-Dade Police Department received an unverified ""crime stoppers"" tip that the home of Joelis Jardines was being used to grow marijuana. On December 6, 2006, two detectives, along with a trained drug detection dog, approached the residence. The dog handler accompanied the dog to the front door of the home. The dog signaled that it detected the scent of narcotics. The detective also personally smelled marijuana. +The detective prepared an affidavit and applied for a search warrant, which was issued. A search confirmed that marijuana was being grown inside the home. Jardines was arrested and charged with trafficking cannabis. Jardines moved to suppress the evidence seized at his home on the theory that the drug dog's sniff was an impermissible search under the Fourth Amendment and that all subsequent evidence was fruit of the poisonous tree. +The trial court conducted an evidentiary hearing and subsequently ruled to suppress the evidence. The state appealed the suppression ruling and the state appellate court reversed, concluding that no illegal search had occurred since the officer had the right to go up to the defendant's front door and that a warrant was not necessary for the drug dog's sniff. The Florida Supreme Court reversed the appellate court's decision and concluded that the dog's sniff was a substantial government intrusion into the sanctity of the home and constituted a search within the meaning of the Fourth Amendment. The state of Florida appealed the Florida Supreme Court's decision. +" +TEST_1071,"Barbara Bock, Warden, et al.",Lorenzo L. Jones,"Congress passed the Prisoner Litigation Reform Act (PLRA) in 1995 in an effort to cut down on frivolous lawsuits by prisoners. Under the PLRA, before bringing a federal civil rights suit a prisoner must go through his prison's internal complaint process. Only after exhausting all of these ""administrative remedies"" can the prisoner bring the complaint to federal court. +Lorenzo Jones sustained serious injuries in a car accident while in custody. He sued prison officials in federal court, claiming that they were violating his Eighth Amendment rights by making him do arduous work despite his injuries. The officials moved to dismiss the suit, because Jones had not provided any evidence or description of the administrative remedies he claimed to have pursued. The District Court granted the motion and dismissed the suit. +On appeal, the U.S. Court of Appeals for the Sixth Circuit affirmed. The Circuit Court ruled that in order for Jones to sue, he would have had to provide the court with copies of his grievance forms or at least describe the administrative processes he had exhausted. The Circuit Court further ruled that the PLRA requires ""total exhaustion,"" which means that if a prisoner's suit has multiple claims, administrative remedies must have been exhausted for each and every claim. +The Supreme Court accepted review in order to resolve the conflict between Circuit Courts over which side bears the burden of proving exhaustion of administrative remedies. +In Williams v. Overton, Timothy Williams suffered from a medical condition which caused tumor growth and disfigurement in his arm. He claimed that prison officials were violating his rights by ignoring his medical needs. Williams's complaint had two claims: he needed additional surgery on his arm and a single-occupancy, handicapped-accessible cell. Williams went through the administrative remedial process on both grievances and both claims were denied. Williams then sued in federal court. +The District Court dismissed the suit, because Williams had neglected to name any prison officials as defendants in his medical complaint. Therefore, the court ruled, the administrative remedies for that claim could not be considered to have been exhausted. +On appeal, the U.S. Court of Appeals for the Sixth Circuit affirmed, ruling that ""The prisoner must demonstrate that he has exhausted the administrative remedies with respect to each individual he intends to sue."" The Circuit Court also ruled that the PLRA requires ""total exhaustion,"" which meant that Williams's entire suit was dismissed because of his unexhausted medical claim, even though the administrative remedies for his request for a new cell had been exhausted. +" +TEST_1072,Hunt,Cromartie,"In Shaw v. Hunt, the U.S Supreme Court found that North Carolina's legislature violated the Constitution by using race as the predominant factor in drawing its Twelfth Congressional District's 1992 boundaries. In 1997, after the State redrew those boundaries, the District Court found that the new boundaries had also been created with dominating racial considerations. In reversing, the Court found, in Hunt v. Cromartie, that the evidence was insufficient to show an unconstitutional race-based objective. On remand, the District Court again found that North Carolina's legislature had used race driven criteria in drawing the 1997 boundaries based on the district's shape, its splitting of towns and counties, and its heavily African-American voting population. The court newly found that the legislature had drawn the boundaries to collect precincts with a high racial, rather than political, identification. (Argued and decided with 99-1865, Smallwood v. Cromartie.) +" +TEST_1073,"Wesley Harris, et al.","Arizona Independent Redistricting Commission, et al.","In 2012, the Arizona Independent Redistricting Commission redrew the map for the state legislative districts based on the results of the 2010 census. Wesley Harris and other individual voters sued the Commission and alleged that the newly redrawn districts were under-populated in Democratic-leaning districts and over-populated in Republican-leaning ones, and therefore that the Commission had violated the Equal Protection Clause of the Fourteenth Amendment. The Commission argued that the population deviations were the result of attempts to comply with the Voting Rights Act. The district court found in favor of the Commission and held that the redrawn districts represented a good faith effort to comply with the Voting Rights Act. +" +TEST_1074,Refugio Palomar-Santiago,United States,"Refugio Palomar-Santiago, a Mexican national, was granted permanent resident status in the United States in 1990. In 1991, he was convicted of a felony DUI in California, and he was subsequently deported because a DUI is a “crime of violence” under 18 U.S.C. § 16, and felony DUI is an aggravated felony for purposes of 8 U.S.C. § 1101(a)(43). Three years later, the U.S. Court of Appeals for the Ninth Circuit decided in United States v. Trinidad-Aquino, 259 F.3d 1140 (9th Cir. 2001), that a DUI is not a crime of violence and later held that classification to apply retroactively. United States v. Aguilera-Rios, 769 F.3d 626 (9th Cir. 2013). +Palomar-Santiago returned to live in the United States, this time without authorization. He was indicted for illegal reentry after deportation under 8 U.S.C. § 1326. He moved to dismiss the indictment under 8 U.S.C. § 1326(d), which requires a district court to dismiss a § 1326 indictment if the defendant proves (1) he exhausted any administrative remedies that may have been available to seek relief against the order; (2) he was deprived of the opportunity for judicial review at the deportation hearing; and (3) that the deportation order was fundamentally unfair. However, under Ninth Circuit precedent, a defendant does not need to prove the first two elements if he can show the crime underlying the original removal was improperly characterized as an aggravated felony and does not need to show the third element if he can show the removal should not have occurred at all. +The district court held that Palomar-Santiago met his burden in showing his crime was improperly characterized as an aggravated felony and that he was wrongfully removed from the United States. On appeal, the federal government disputed that circuit precedent required the result the district court reached but argued that the precedent is wrong. Lacking authority to overturn circuit precedent, the Ninth Circuit panel affirmed without addressing the merits of the government’s claims. +" +TEST_1075,Harris Trust & Savings Bank,"Salomon Smith Barney, Inc.","Section 406(a) of the Employee Retirement Income Security Act of 1974 (ERISA) bars a fiduciary of an employee benefit plan from causing the plan to engage in certain prohibited transactions with a ""party in interest."" Such a party encompasses entities that a fiduciary might be inclined to favor at the expense of the plan's beneficiaries. After the Ameritech Pension Trust (APT), an ERISA pension plan, allegedly entered into a transaction prohibited by ERISA with Salomon Smith Barney Inc., APT's fiduciaries sued Salomon under section 502(a)(3), which authorizes a fiduciary to bring a civil action to obtain appropriate equitable relief."" Salomon arguing that section 502(a)(3) only authorizes a suit against the fiduciary who caused the plan to enter the prohibited transaction. Ultimately, the District Court held that ERISA provides a private cause of action against nonfiduciaries who participate in a prohibited transaction. In reversing, the Court of Appeals held that the authority to sue under section 502(a)(3) does not extend to a suit against a nonfiduciary ""party in interest"" to a transaction barred by section 406(a). +" +TEST_1076,"United States, Ada Bottone, Fleetwood Paving Corp., Colonial Sand and Stone Co. Inc.",Robert Aquilino and Joseph Sero dba Home Maintenance Co.,"A general contractor defaulted on federal tax payments and payments to subcontractors. Under the Internal Revenue Code, the U.S. government claimed priority over the lien on the “property rights to the property” of the general contractor. The subcontractors also claimed priority, because the amounts owed to them were large enough that they constituted “trust funds” under a New York tax law. The subcontractors were the beneficiaries of these “trust funds” so the general contractor had no property rights. The New York Supreme Court, Special Term, granted the subcontractor’s motion to for summary judgment and the Appellate Division affirmed. The Court of Appeals of New York ruled in favor of the United States +" +TEST_1077,Lorenzo L. Jones,"Barbara Bock, Warden, et al.","Congress passed the Prisoner Litigation Reform Act (PLRA) in 1995 in an effort to cut down on frivolous lawsuits by prisoners. Under the PLRA, before bringing a federal civil rights suit a prisoner must go through his prison's internal complaint process. Only after exhausting all of these ""administrative remedies"" can the prisoner bring the complaint to federal court. +Lorenzo Jones sustained serious injuries in a car accident while in custody. He sued prison officials in federal court, claiming that they were violating his Eighth Amendment rights by making him do arduous work despite his injuries. The officials moved to dismiss the suit, because Jones had not provided any evidence or description of the administrative remedies he claimed to have pursued. The District Court granted the motion and dismissed the suit. +On appeal, the U.S. Court of Appeals for the Sixth Circuit affirmed. The Circuit Court ruled that in order for Jones to sue, he would have had to provide the court with copies of his grievance forms or at least describe the administrative processes he had exhausted. The Circuit Court further ruled that the PLRA requires ""total exhaustion,"" which means that if a prisoner's suit has multiple claims, administrative remedies must have been exhausted for each and every claim. +The Supreme Court accepted review in order to resolve the conflict between Circuit Courts over which side bears the burden of proving exhaustion of administrative remedies. +In Williams v. Overton, Timothy Williams suffered from a medical condition which caused tumor growth and disfigurement in his arm. He claimed that prison officials were violating his rights by ignoring his medical needs. Williams's complaint had two claims: he needed additional surgery on his arm and a single-occupancy, handicapped-accessible cell. Williams went through the administrative remedial process on both grievances and both claims were denied. Williams then sued in federal court. +The District Court dismissed the suit, because Williams had neglected to name any prison officials as defendants in his medical complaint. Therefore, the court ruled, the administrative remedies for that claim could not be considered to have been exhausted. +On appeal, the U.S. Court of Appeals for the Sixth Circuit affirmed, ruling that ""The prisoner must demonstrate that he has exhausted the administrative remedies with respect to each individual he intends to sue."" The Circuit Court also ruled that the PLRA requires ""total exhaustion,"" which meant that Williams's entire suit was dismissed because of his unexhausted medical claim, even though the administrative remedies for his request for a new cell had been exhausted. +" +TEST_1078,Wyoming,Clayvin Herrera,"Clayvin Herrera is an enrolled member of the Crow Tribe of Indians. Herrera and several other tribal members went elk hunting on the Crow Reservation, and at some point, followed several elk across a fence, thereby leaving the Crow Reservation and entering the Big Horn National Forest in Wyoming. They shot three bull elk and took the meat with them to Montana. None of the hunters had a license, and it was closed season. +Herrera was cited with two hunting-related misdemeanors under Wyoming law. He moved to dismiss the charges under the Supremacy Clause of the US Constitution and the Laramie Treaty of 1868. He argued that the treaty gave the Crow Tribe the right to hunt off the reservation and that the treaty was still valid and thus preempted state law. Bound by the Tenth Circuit’s 1995 decision in Crow Tribe of Indians v. Repsis, 73 F.3d 982 (10th Cir. 1995), the state court held that Crow Tribe members do not have off-reservation treaty hunting rights anywhere within the state of Wyoming. Herrera was tried and convicted by a jury on both counts. He appealed the lower court’s pretrial determination on the off-reservation treaty hunting right. Reviewing the lower court’s conclusions de novo, the state appeals court affirmed the lower court. +" +TEST_1079,Elijah Manuel,"City of Joliet, Illinois, et al.","Elijah Manuel was a passenger in a car that was pulled over for failing to signal on March 18, 2011. When the police officer detected an odor of marijuana in the car, he dragged Manuel out of the car, pushed and kicked him, and handcuffed him. The officer found a bottle of pills in Manuel’s pocket during his pat-down. The pills were tested and the officers falsified the results to show the pills were ecstasy. The initial positive pill results were later tested at the scene of the arrest. More detailed negative lab results were presented by Manuel later. Manuel was arrested based on these initial results. The officers continued to rely on the false positive initial test throughout the grand jury proceedings, and he was held until May 4, when the Assistant State’s Attorney sought dismissal of the charges. +Manuel sued the City of Joliet and various city officials and alleged malicious prosecution as well as other civil rights claims. The district court dismissed most of Manuel’s claims as falling outside of the statute of limitations. His malicious prosecution claim was not time-barred, however, but was dismissed under Newsome v. McCabe, which held that federal claims of malicious prosecution stem from the right to due process and are not a Fourth Amendment issue. Therefore, there was no malicious prosecution claim under federal law if the state provided a similar cause of action, as Illinois did. On appeal, Manuel argued that Newsome did not foreclose a malicious prosecution claim on Fourth Amendment grounds when officers misrepresented evidence. The U.S. Court of Appeals for the Seventh Circuit affirmed the lower court’s ruling against Manuel as consistent with the Newsome precedent. +" +TEST_1080,Attorney General of Massachusetts,"A Book Named ""John Cleland's Memoirs of a Woman of Pleasure""","A special provision of Massachusetts law allowed the Attorney General to initiate legal proceedings against an ""obscene"" book, Memoirs of a Woman of Pleasure. The book, also known as Fanny Hill, was written by John Cleland in about 1750. Massachusetts courts, despite the defenses put forward by the book's publisher and copyright holder, judged the work to be obscene. +" +TEST_1081,"United States Fish and Wildlife Service, et al.","Sierra Club, Inc.","Industrial facilities, power plants, and other manufacturing complexes use water from lakes, rivers, estuaries, and oceans to cool their facilities through cooling water intake structures. Because these structures potentially cause significant harm to aquatic life, Section 316(b) of the Clean Water Act directs the Environmental Protection Agency (EPA) to regulate their design and operation. In April 2011, the EPA proposed new regulations for cooling water intake structures. As part of the rule-making process and required by Section 7 of the Endangered Species Act, in 2012, the EPA consulted with the Fish and Wildlife Service and the National Marine Fisheries Service about the potential impacts of the regulations and produced a written biological opinion on the impacts of the proposed agency action. +The Sierra Club made a Freedom of Information Act (FOIA) request for records generated during the EPA’s rule-making process, including the documents generated as part of the consultation with the Services. The Services withheld some of the requested records, citing Exemption 5 of FOIA, which shields from disclosure documents subject to the “deliberative process privilege.” The district court determined that 12 of the 16 requested records were not protected to the privilege and ordered disclosure. The U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s order to disclose some of the records but reversed as to two of the records. +" +TEST_1082,Oregon,Thomas Eugene Ice,"Thomas Eugene Ice was convicted in state court in Oregon on two counts of first-degree burglary with intent to commit sexual abuse, as well as two counts of first-degree sexual abuse committed during those burglaries. Over Ice's objection, the trial court imposed consecutive sentences based on its own findings of fact. Ice appealed, raising the question whether the Oregon or U.S. Constitutions require a jury, rather than a judge, to make the factual findings upon which a court decides to prescribe consecutive sentences. +The Oregon Court of Appeals held that the consecutive sentences were not in violation of the State's Constitution because none of the factual issues reviewed by the judge were an ""element"" of the crime. However, the sentences did violate the Sixth Amendment of the U.S. Constitution because the factual findings were not made by a jury but were used to increase Ice's punishment to more than what the jury had imposed. +" +TEST_1083,Lee,Williams,"A non-Native American merchant ran a general store on a Navajo reservation. The merchant filed a collection action against petitioners, Native American customers, for goods sold on credit at the store. The Supreme Court of Arizona affirmed the trial court's judgment that the state courts had jurisdiction. The Native American customers sought review. +" +TEST_1084,Charmaine Hamer,Neighborhood Housing Services of Chicago,"Charmaine Hamer, a former intake specialist for the Housing Services of Chicago (NHS) and Fannie Mae’s Mortgage Help Center, filed suit against her former employers, alleging violations of the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. The district court granted summary judgment in favor of Fannie Mae and NHS on September 14, 2015. +Under Federal Rule of Appellate Procedure 4(a)(1)(A) and 28 U.S.C. Section 2107(a), Hamer had until October 14, 2015 to appeal the judgment. On October 8, 2015, her attorney filed a motion to extend the appeal deadline to December 14, 2015, which the district court granted. Hamer filed her appeal on December 11, 2015. +In a brief requested by the appellate court, Fannie Mae and NHS argued that Hamer’s appeal was untimely under Rule 4(a)(5)(C) and thus that the appellate court lacked jurisdiction over the appeal. That rule states that “[n]o extension under this Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the date when the order granting the motion is entered, whichever is later.” Hamer argued that the rule is at odds with 28 U.S.C. Section 2107(a), which provides that “the district court may, upon motion filed not later than 30 days after the expiration of the time otherwise set for bringing appeal, extend the time for appeal upon a showing of excusable neglect or good cause.” The appellate court found Hamer’s argument unpersuasive and dismissed her appeal for lack of jurisdiction. +" +TEST_1085,JPMorgan Chase Bank,Traffic Stream (BVI) Infrastructure Ltd.,"Traffic Stream (BVI) Infrastructure Ltd. is a corporation organized under the laws of the British Virgin Islands (BVI), an Overseas Territory of the United Kingdom. In 1998, Chase Manhattan Bank, now JPMorgan Chase Bank, agreed to finance certain Traffic Stream ventures, with the contract to be governed by New York law and with Traffic Stream agreeing to submit to the jurisdiction of federal courts in Manhattan. Subsequently, Chase sued Traffic Stream for defaulting on its obligations. The District Court found subject-matter jurisdiction under the alienage diversity statute, 28 USC section 1332(a)(2), which gives district courts jurisdiction over civil actions where the controversy is ""between citizens of a State and citizens or subjects of a foreign state,"" and granted Chase summary judgment. In reversing, the Court of Appeals found that, because Traffic Stream was a citizen of an Overseas Territory and not an independent foreign state, jurisdiction was lacking. +" +TEST_1086,"Darin L. Muehler, et al.",Iris Mena,"Police detained Mena and others in handcuffs while they searched the house they occupied. During the detention they asked Mena about her immigration status. The police had a search warrant to search the premises for deadly weapons and evidence of gang membership. Mena sued the officers in federal district court for violating her Fourth Amendment right to be free from unreasonable seizure. The district court ruled for Mena. The Ninth Circuit affirmed, holding that using handcuffs to detain Mena during the search violated the Fourth Amendment and that the officers' questioning of Mena about her immigration status also violated the Fourth Amendment. +" +TEST_1087,Arkansas Game & Fish Commission,United States,"From 1993 through 2000, the United States Army Corps of Engineers imposed a temporary flood regime around the Dave Donaldson Black River Wildlife Management Area. The flood regime caused flooding across the region encompassed by the wildlife management area, which restricted access to and destroyed or degraded thousands of timber trees. +The petitioners brought a case in federal court in an attempt to recover under the takings clause of the Fifth Amendment for the loss of their property resulting from the United State's flood regime. The federal court held that the flood regime constituted a Fifth Amendment taking and that the United States owed petitioners approximately $5.6 million as just compensation. +The government appealed, and the appellate court reversed the lower court's judgment. The appellate court reasoned that the flood regime was a temporary government action, and that only a permanent flooding condition would constitute a taking under the Fifth Amendment. The petitioners appealed the appellate court's decision. +" +TEST_1088,Ministry of Defense and Support for Armed Forces of Islamic Republic of Iran,Dariush Elahi,"In 1977, the Iranian Ministry of Defense entered into an agreement with an American defense contractor for the purchase of military equipment to be used by the Iranian Air Force. After the Iranian Revolution of 1979, the American company breached its contract with Iran and sold the equipment elsewhere. Iran requested arbitration before the International Chamber of Commerce (ICC) and received $2.8 million in damages for breach of contract. Iran then reduced the award to a judgment in the U.S. District Court for the Southern District of California. +Dariush Elahi, brought a wrongful death claim against the Iranian government alleging that Iranian agents had assassinated his brother in Paris in 1990. Elahi was awarded over $300 million in damages by the U.S. District Court for the District of Columbia. He attempted to satisfy this judgment in part by attaching the damages Iran had recovered from the previous contract dispute. Iran argued that the previous recovery was immune from attachment. The U.S. District Court for the Southern District of California held that Iran had waived its immunity from attachment by submitting to the jurisdiction of the ICC and the district court in its prior contract dispute. +The U.S. Court of Appeals for the Ninth Circuit agreed with the district court's ruling but on different grounds. The court held that Elahi could attach the Iranian judgment under Section 201(a) of the Terrorism Risk Insurance Act of 2002, which allows creditors such as Elahi to attach ""the blocked assets of [a] terrorist party."" Eschewing the jurisdiction argument relied on by the district court, the Ninth Circuit characterized Iran as a ""terrorist party"" and held that the contract judgment was a ""blocked asset"" subject to attachment. +" +TEST_1089,"Aberdeen & Rockfish Railroad Company, et al.","Baltimore & Ohio Railroad Co., Interstate Commerce Commission, et al.","The Baltimore & Ohio Railroad Company operated in the “Official territory,” along with several other railroad companies (Northern lines). Aberdeen & Rockfish Railroad Company and several other railroad companies (Southern lines) operated within the “Southern territory."" Beginning on July 17, 1947, the Northern lines tried to obtain new divisions of the freight rates that applied between the Official territory and Southern territory from the Interstate Commerce Commission. These proposed divisions would be based on actual, relative costs of service. +The Commission determined that the existing divisions violated the Interstate Commerce Act (ICA), which directed the Commission to set aside inequitable divisions of joint rates and to prescribe equitable divisions. In determining the relative costs that controlled the divisional formula, the Commission frequently relied on unadjusted average costs incurred by the railroads on the average of all traffic in their territories, and not on actual costs incurred by the Northern and Southern lines. The Commission found that the existing divisions violated the ICA because they allocated a lesser share of revenues to the Northern lines based on relative costs. +The Administrative Procedure Act required that courts set aside agency findings that are unsupported by substantial evidence. On appeal from the Commission’s decision, the district court set aside the Commission’s decision. It held that the Northern lines failed to prove that the Commission relied on substantial evidence about the relative costs of handling north-south freight traffic, noting that the burden of proof lay with the Northern lines. It also rejected the Commission’s finding that the divisions required adjustment due to the greater revenue needs of the Northern lines. +" +TEST_1090,Oil States Energy Services LLC,"Greene’s Energy Group, LLC","During hydraulic fracturing (known as “fracking”) procedures, fluid is pumped into oil and gas wells to stimulate production. However, the wellheads that sit on top of oil and gas wells are not designed to withstand continuous exposure to fracking fluids and can sustain significant damage as a result. In an attempt to address this issue, Stinger Wellhead Protection Inc., a subsidiary of Oil States Energy Services, first tried using a design described in Canadian Patent Application No. 2,195,118 (the ’118 Application) that relies on using hydraulic pressure first to push a “mandrel” into the wellhead through which the fracking fluid could be pumped without contacting the wellhead equipment. That method failed to sufficiently address the issue, so the Oil States subsidiary attempted a different method using a mechanical lockdown mechanism (described in Patent No. 6,179,053, or the ’053 Patent), rather than hydraulic pressure. In 2012, Oil States filed a patent infringement suit against Greene’s Energy Group, during the course of which litigation the district court found the ’053 Patent to be distinct from the ’118 Application using the “ordinary meaning” standard. Greene’s filed for inter partes review, which is a process used by the Patent and Trademark Office where one party asks the U.S. Patent Trial and Appeal Board to reconsider the PTO’s issuance of an existing patent and invalidate it on the ground that it was anticipated by prior art or obvious. Oil States challenges the practice of inter partes review as violating the constitutional right of patent owners to a jury and an Article III forum before having their patent invalidated.  +" +TEST_1091,Officer Gaddy,Jamey Wilkins,"In 2008, Jamey Wilkins, a North Carolina state prisoner, filed suit in a North Carolina federal district court. Without the aid of an attorney, he alleged that he was ""maliciously and sadistically"" assaulted ""[w]ithout any provocation"" by a corrections officer. Mr. Wilkins claimed that as a result of the assault he sustained heel and lower back pain, increased blood pressure, migraine headaches and dizziness, depression, panic attacks, and nightmares of the assault. The district court, on its own motion, dismissed the complaint for failure to state a claim. In a motion for reconsideration, Mr. Wilkins stated that he was unaware that the failure to allege medical treatment might prove fatal to his claim. The district court denied Mr. Wilkins leave to amend his complaint. The U.S. Court of Appeals for the Fourth Circuit affirmed. +" +TEST_1092,Six Unknown Named Agents of Federal Bureau of Narcotics,Webster Bivens ,"In 1965, six agents of the Federal Bureau of Narcotics forced their way into Webster Bivens’ home without a warrant and searched the premises. The agents handcuffed Bivens in front of his wife and children and arrested him on narcotics charges. Later, the agents interrogated Bivens and subjected him to a visual strip search. Bivens sued the agents for $15,000 in damages each for humiliation and mental suffering. The district court dismissed the complaint for failure to state a cause of action. The U.S. Court of Appeals for the Second Circuit affirmed. +" +TEST_1093,"David A. Zubik, et al.","Sylvia Burwell, Secretary of Health and Human Services, et al.","In 2010, Congress passed the Affordable Care Act (ACA), which requires group health plans and health insurance issuers offering health plans to provide preventative care and screenings for women pursuant to the guidelines established by the Department of Health and Human Services (HHS). These guidelines include “approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity.” The regulations include an exemption from contraceptive coverage for the group health plan of a religious employer. The exemption does not mean that such services are not covered, but that they are not covered through a cost-sharing mechanism. +The petitioners are religious organizations that argue that the contraceptive coverage mandate of the ACA violates the Religious Freedom Restoration Act (RFRA), which Congress enacted in 1993, because the mandate requires these organizations to “facilitate” the provision of insurance coverage for contraceptive services that they oppose on religious grounds. In several separate cases, the relevant district courts issued injunctions against the government, and the relevant Courts of Appeals reversed. The appellate courts held that the religious organizations were unable to show that the contraceptive mandate substantially burdened the exercise of their religious freedom. +" +TEST_1094,Lyng,Northwest Indian Cemetery Protective Association,"The United States Forest Service was considering building a paved roadway that would cut through the Chimney Rock area of the Six Rivers National Forest. It was also considering timber harvesting in the area. A study commissioned by the Forest Service reported that harvesting the Chimney Rock area would irreparably damage grounds that had historically been used by Native Americans to conduct religious rituals. After the Forest Service decided to construct a road, the Northwest Indian Cemetery Protective Association took action against Secretary of Agriculture Richard Lyng. +" +TEST_1095,Raymond Dennis et al.,United States,"Raymond Dennis and others were members of the Communist Party; they were also officers and members of the International Union of Mine, Mill, and Smelter Workers. They filed false affidavits between 1949 and 1955 to satisfy the stipulations of 9(h) of the National Labor Relations Act as amended by the Taft-Hartley Act, which required all union officers to submit non-Communist affidavits. The union officials retained their Communist Party affiliations, filed the affidavits, and enabled the union to use the services of the National Labor Relations Board. The union officers were indicted by the United States District Court for conspiracy to fraudulently obtain the services of the National Labor Relations Board. +" +TEST_1096,Jason M. Ransom,"FIA Card Services, N.A., fka MBNA America Bank, N.A.","Jason Ransom filed for Chapter 13 bankruptcy in Nevada in 2006 and proposed a plan to make $500 monthly payments over a period of 60 months. The chapter 13 trustee and two creditors objected to confirmation of the plan, arguing that $500 per month was not Ransom's projected disposable income as defined in the Bankruptcy Code. They argued that Ransom improperly included a deduction against income for ""vehicle ownership expense"" of $471. The trustee and creditors claimed that the deduction should be disallowed and that the monthly payment should be increased. The Bankruptcy Court agreed with the trustee and refused to confirm the plan. The Bankruptcy Appellate Panel, agreeing to hear the appeal on this interlocutory issue, affirmed the Bankruptcy Court. The U.S. Court of Appeals for the Ninth Circuit affirmed the Bankruptcy Court's decision. +" +TEST_1097,"V Secret Catalogue, Inc.",Moseley,"V Secret Catalogue, Inc., the affiliated corporations that own the Victoria's Secret trademarks, filed suit, alleging that the name Victor's Little Secret contributed to ""the dilution of famous marks"" under the Federal Trademark Dilution Act (FTDA). The law defines ""dilution"" as ""the lessening of the capacity of a famous mark to identify and distinguish goods or services."" The District Court granted V Secret summary judgment on the FTDA claim. The Court of Appeals affirmed, finding that V Secret's mark was distinctive and that the evidence established dilution even though no actual harm had been proved. +" +TEST_1098,California,Robert Edward Stansbury,"Robert Edward Stansbury, an ice cream truck driver, was taken to the Pomona Police Department for questioning as a potential witness in the investigation of the death of a 10-year-old girl. Stansbury was not a suspect in the death, and did not receive Miranda warnings, but during questioning, made a statement that put him under suspicion. After further questioning, Stansbury admitted to prior convictions for rape, kidnapping and child molestation. At this point the interrogating officer advised Stansbury of his Miranda rights and Stansbury refused to make any further statements. Stansbury requested an attorney and was arrested and charged with first-degree murder. The trial court held that Stansbury was not truly in custody and therefore not entitled to Miranda warnings until suspicion focused on him. The court refused to suppress Stansbury’s statements made prior to the warning. Stansbury was convicted of first-degree murder and sentenced to death. The Supreme Court of California affirmed. +" +TEST_1099,Gerald D.,Michael H. et al.,"Gerald D. was the presumptive father of Victoria D. since she was born to his wife Carole D.. However, Carole had an adulterous partner, Michael H., who obtained blood tests indicating that he was likely the biological father. When Michael obtained visitation rights in a California state court, Gerald argued that Michael had no ground under California law to challenge Gerald's paternity since more than two years had passed since Victoria's birth. According to Cal. Evid. Code 621, the child is ""presumed to be a child of the marriage"" and another man can only challenge this presumption within two years of birth. The court ruled in favor of Gerald and canceled Michael's visitation rights. Michael claimed that Code 621 violated his Fourteenth Amendment due process rights by denying him an opportunity to establish his paternity. A California Court of Appeals upheld the constitutionality of Code 621. +" +TEST_1100,Mount Lemmon Fire District,"John Guido, et al.","In 2000, John Guido and Dennis Rankin were hired by the Mount Lemmon Fire District, a political subdivision of the State of Arizona. They were full-time firefighter captains, and at ages 46 and 54, respectively, were the two oldest full-time employees at the Fire District when they were terminated in 2009. Guido and Rankin filed age discrimination charges with the Equal Employment Opportunity Commission (EEOC), which found reasonable cause to believe that the Fire District had violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34. Guido and Rankin subsequently filed suit against the Fire District. +The Fire District sought summary judgment on the basis that it was not an “employer” within the meaning of the ADEA, and the district court agreed. A three-judge panel of the Ninth Circuit reversed. Ruling counter to what other circuits have concluded, the appellate court stated that a political subdivision of a state does not need to have 20 or more employees, as private sector employers do, in order to be covered by the ADEA.  +" +TEST_1101,Hollis Deshaun King,Kentucky,"Police officers in Lexington, Ky., entered an apartment building in pursuit of a suspect who sold crack cocaine to an undercover informant. The officers lost sight of the suspect and mistakenly assumed he entered an apartment from which they could detect the odor of marijuana. After police knocked on the door and identified themselves, they heard movements, which they believed indicated evidence was about to be destroyed. Police forcibly entered the apartment and found Hollis King and others smoking marijuana. They also found cash, drugs and paraphernalia. King entered a conditional guilty plea; reserving his right to appeal denial of his motion to suppress evidence obtained from what he argued was an illegal search. +The Kentucky Court of Appeals affirmed the conviction, holding that exigent circumstances supporting the warrantless search were not of the police's making and that police did not engage in deliberate and intentional conduct to evade the warrant requirement. In January 2010, the Kentucky Supreme Court reversed the lower court order, finding that the entry was improper. The court held that the police were not in pursuit of a fleeing suspect when they entered the apartment, since there was no evidence that the original suspect even knew he was being followed by police. +" +TEST_1102,Dick Anthony Heller,District of Columbia et al.,"Provisions of the District of Columbia Code made it illegal to carry an unregistered firearm and prohibited the registration of handguns, though the chief of police could issue one-year licenses for handguns. The Code also contained provisions that required owners of lawfully registered firearms to keep them unloaded and disassembled or bound by a trigger lock or other similar device unless the firearms were located in a place of business or being used for legal recreational activities. +Dick Anthony Heller was a D.C. special police officer who was authorized to carry a handgun while on duty. He applied for a one-year license for a handgun he wished to keep at home, but his application was denied. Heller sued the District of Columbia. He sought an injunction against the enforcement of the relevant parts of the Code and argued that they violated his Second Amendment right to keep a functional firearm in his home without a license. The district court dismissed the complaint. The U.S. Court of Appeals for the District of Columbia Circuit reversed and held that the Second Amendment protects the right to keep firearms in the home for the purpose of self-defense, and the District of Columbia’s requirement that firearms kept in the home be nonfunctional violated that right. +" +TEST_1103,Marsh,Chambers,"Ernest Chambers, a member of the Nebraska legislature, challenged the legislature's chaplaincy practice in federal court. This practice involves the offering of a prayer at the beginning of each legislative session by a chaplain chosen by the state and paid out of public funds. The district court supported Chambers on the use of public funds. The appeals court supported Chambers on the prayer practice. Both parties appealed to the U.S. Supreme Court. +" +TEST_1104,Hutchinson,Proxmire,"In early 1975, Senator William Proxmire implemented what he called the ""Golden Fleece Award of the Month."" The award was given out to governmental agencies which sponsored programs and research that Proxmire found to be a waste of tax dollars. One Golden Fleece went to federal agencies sponsoring the research of Ronald Hutchinson, a behavioral scientist. Proxmire detailed the ""nonsense"" of Hutchinson's research on the floor of the Senate, in conferences with his staff, and in a newsletter sent to over 100,000 of his constituents. Hutchinson sued for libel, arguing that Proxmire's statements defamed his character and caused him to endure financial loss. +" +TEST_1105,Harris,McRae,"In 1965, Congress established the Medicaid program, via Title XIX of the Social Security Act, to provide federal financial assistance to states that chose to reimburse certain costs of medical treatment for needy persons. Beginning in 1976, Congress passed a number of versions of the ""Hyde Amendment"" that severely limited the use of federal funds to reimburse the cost of abortions under the Medicaid program. Cora McRae, a pregnant Medicaid recipient, challenged the Amendment and took action against Patricia R. Harris, Secretary of Health and Human Services. +" +TEST_1106,Federal Communications Commission,Red Lion Broadcasting Co.,"The Federal Communications Commission's (FCC) fairness doctrine requires radio and television broadcasters to present a balanced and fair discussion of public issues on the airwaves. The doctrine is composed of two primary requirements concerning personal attacks in the context of public issue debates and political editorializing. The FCC conditioned its renewal of broadcast licenses on compliance with its regulations. Red Lion Broadcasting challenged the application of the fairness doctrine with respect to a particular broadcast. In a companion case (United States v. Radio Television News Directors Association (RTNDA)), the fairness doctrine's requirements concerning any broadcast were challenged. +" +TEST_1107,American Constitutional Law Foundation Inc.,Buckley,"Colorado practices an initiative-petition process in which citizens can make laws directly through balloting initiatives. Acting on behalf of ballot petitioners, the American Constitutional Law Foundation (Foundation) challenged the constitutionality of six limitations imposed by Colorado on the petitioning process. After mixed rulings in both trial and appellate courts, the Supreme Court granted certiorari to review three of the six original restrictions. The first required petition circulators to be registered voters. The second required them to wear identification badges with their names, status as ""volunteer"" or ""paid,"" and if the latter then their employer's phone number. The third required initiative proponents to report names, addresses, and registration voting counties for all paid circulators, as well as salary per petition signature, and each circulator's total salary. Proponents also had to report, on a monthly basis, all proponent names, names and addresses of circulators, circulators' monthly salary and debt totals, and the name of each proposed ballot measure. +" +TEST_1108,Leroy Powell ,Texas,"Police arrested Leroy Powell for public intoxication. He was tried, convicted, and fined $20 in the Corporation Court of Austin Texas. On appeal, Powell argued that criminal punishment for public intoxication is cruel and unusual punishment in violation of the Eighth Amendment, because he had chronic alcoholism. Under this theory, he appeared in public drunk as a compulsive symptom of the disease, not his own choice. The County court of Travis County held that alcoholism is not a defense to the charge and affirmed the conviction. +" +TEST_1109,Turner,Murray,"In July 1978, Willie Lloyd Turner entered a jewelry store and killed the proprietor. Turner was disarmed, arrested, and charged with capital murder. During the jury selection process, Turner's counsel requested that the trial judge ask potential jurors if they would be biased by the fact that Turner was black while the victim was white. The judge declined to ask the question regarding racial prejudice and instead asked the prospective jurors if they thought that they would be able to be impartial and fair. Turner was convicted and sentenced to death. +After exhausting his appellate options at the state level, Turner filed a petition for habeas corpus in federal district court. Because the facts of the case ""did not suggest a significant likelihood that racial prejudice might [have] infect[ed the defendant's] trial,"" the district court held that the trial judge's refusal to question potential jurors about racial prejudice was not unconstitutional. The U.S. Court of Appeals for the Fourth Circuit affirmed. +" +TEST_1110,Rosa Elvira Montoya de Hernandez,United States,"Customs officials stopped Rosa Elvira Montoya de Hernandez at the Los Angeles Airport, where she arrived after a flight from Bogota, Columbia. Montoya de Hernandez’s passport revealed eight recent trips from Bogota to Miami or Los Angeles. After further questioning, officials detained Montoya de Hernandez under suspicion that she was smuggling drugs in her alimentary canal. After 16 hours of detention where Montoya de Hernandez did not speak or use the bathroom, officials obtained a court order for an x-ray and other tests. At the hospital, a doctor removed a balloon filled with cocaine from her rectum. Over the next four days, Montoya de Hernandez passed 88 balloons filled with cocaine, totaling 528 grams. At trial, the district court admitted the cocaine into evidence and convicted Montoya de Hernandez on federal drug charges. The U.S. Court of Appeals for the Ninth Circuit reversed, holding that Montoya de Hernandez’s detention violated the Fourth Amendment because customs officials did not have a “clear indication” that she was smuggling drugs. +" +TEST_1111,Weber,"United Steelworkers of America, AFL-CIO-CLC","The United Steelworkers of America and the Kaiser Aluminum and Chemical Corporation implemented an affirmative action-based training program to increase the number of the company's black skilled craft workers. Half of the eligible positions in the training program were reserved for blacks. Weber, who was white, was passed over for the program. Weber claimed that he was the victim of reverse discrimination. These cases (United Steelworkers v. Weber and Kaiser Aluminum v. Weber) were also decided together with United States v. Weber. +" +TEST_1112,"William H. Stafford, Jr., et al.","John Briggs, et al.","These are two consolidated cases. For 77-1546, in 1972, U. S. Attorney William Stafford, Assistant U.S. Attorney for the Northern District of Florida Stuart Carrouth, and Department of Justice Attorney Guy Goodwin conducted a grand jury investigation into a conspiracy to cause a riot in Florida. Respondents were among the group subpoenaed to appear and testify. During the course of the proceedings, Goodwin stated under oath that there were no government agents in the witness lineup called by respondents’ counsel. Respondents later sued Stafford, Carrouth, Goodwin, and FBI Agent Claude Meadow in their individual and official capacities for falsely testifying and conspiring to deprive the respondents of statutory rights. Respondents sued in the District Court for the District of Columbia, where Goodwin resided. The petitioners requested a transfer to the Northern District of Florida or a dismissal based on improper venue. The district court denied the motion to transfer but granted the motion to dismiss. The U.S. Court of Appeals for the District of Columbia Circuit reversed and held that the venue was proper because Goodwin was a resident of the District of Columbia. +For 78-393, from 1953 until 1973, CIA agents regularly opened and photocopied mail going through the International Airport in New York to and from the Soviet Union. In 1975, respondents sued on their behalf and on the behalf of others whose mail had been opened by the CIA. Respondents sued in the district court of Rhode Island and alleged that the interference with their mail constituted a violation of their constitutional rights. Petitioners moved to dismiss due to lack of personal jurisdiction, improper venue, and insufficient service of process. The district court denied these motions but certified the case for an immediate appeal. The U. S. Court of Appeals for the First Circuit affirmed the denial of the motions as they relate to petitioners employed by the CIA at the time of filing, but reversed as to the officials who had left their government positions at the time of filing. The Court of Appeals held that the venue was proper because one of the petitioners resided in Rhode Island. +" +TEST_1113,Randy Joseph Moore,"Jeff Premo, Superintendent, Oregon State Penitentiary","Randy Moore pled no-contest to felony murder in an Oregon trial court and sentenced to twenty-five years imprisonment. After exhausting his post-conviction state court remedies, Mr. Moore petitioned for habeas corpus relief in an Oregon federal district court. Mr. Moore argued that his trial counsel was ineffective for failing to recognize that his taped confession was obtained unconstitutionally. The district court denied the petition. +On appeal, the U.S. Court of Appeals for the Ninth Circuit reversed and granted the petition. The court held that Mr. Moore's counsel's failure to suppress Mr. Moore's confession was both constitutionally deficient and prejudicial under the standard set forth in Strickland v. Washington. The court was careful to note that even the state conceded the means by which the state elicited Mr. Moore's confession were unconstitutional because Mr. Moore's request for counsel had been ignored by the police. +" +TEST_1114,National League of Cities,Usery,"In 1974, Congress passed amendments to the Fair Labor Standards Act of 1938. The purpose of the amendments was to regulate minimum wage and overtime pay for state and local government employees. The National League of Cities, as well as several states and cities, challenged the constitutionality of the amendments. +" +TEST_1115,Smith,Doe,"Under the Alaska Sex Offender Registration Act, any sex offender or child kidnaper incarcerated in Alaska must register with the Department of Public Safety, which maintains a central registry of sex offenders. While some of the data is kept confidential, some, such as the offender's name, photograph, and physical description, is published on the Internet. The Act's requirements are retroactive. John Doe I and John Doe II were convicted of aggravated sex offenses before the Act's passage are thus covered by it. Both brought suit, seeking to declare the Act void as applied to them under the Ex Post Facto Clause of Article I Section 10 of the United States Constitution. The District Court ruled against them and the Court of Appeals disagreed, holding that, because its effects were punitive, the Act violates the Ex Post Facto Clause. +" +TEST_1116,Thomas Eugene Ice,Oregon,"Thomas Eugene Ice was convicted in state court in Oregon on two counts of first-degree burglary with intent to commit sexual abuse, as well as two counts of first-degree sexual abuse committed during those burglaries. Over Ice's objection, the trial court imposed consecutive sentences based on its own findings of fact. Ice appealed, raising the question whether the Oregon or U.S. Constitutions require a jury, rather than a judge, to make the factual findings upon which a court decides to prescribe consecutive sentences. +The Oregon Court of Appeals held that the consecutive sentences were not in violation of the State's Constitution because none of the factual issues reviewed by the judge were an ""element"" of the crime. However, the sentences did violate the Sixth Amendment of the U.S. Constitution because the factual findings were not made by a jury but were used to increase Ice's punishment to more than what the jury had imposed. +" +TEST_1117,Skrupa,Ferguson,"A Kansas statute made it a misdemeanor to enter into contracts for ""debt adjusting"" (a practice in which a debtor agrees to pay a monthly fee to an adjustor who then makes payments to the debtor's creditor). Skrupa was in business as a ""Credit Advisor"" and engaged in this practice. A lower court held that the Kansas statute was an ""unreasonable regulation of a lawful business"" and struck it down. +" +TEST_1118,"Anthony Kane, Warden",Joe Garcia Espitia,"Joe Garcia Espitia chose to represent himself in his trial on charges of carjacking and was convicted. Garcia Espitia was repeatedly denied law library access to prepare for trial, but he received four hours of access during trial just before closing arguments. He sought federal habeas relief, but the district court denied his petition. The U.S. Court of Appeals for the Ninth Circuit reversed and held that the lack of pretrial access to law books violated Garcia Espitia’s Sixth Amendment right to represent himself as established in Faretta v. California. +" +TEST_1119,Ricky Lee Smith,Nancy A. Berryhill,"In 1987, Ricky Lee Smith filed an application for supplemental security income (SSI) resulting from disability. The following year, an administrative law judge (ALJ) approved his application, and Smith received benefits until 2004, when he was found to be over the resource limit. +Smith filed another application for SSI in August 2012, alleging additional medical conditions as a result of his original disability. The claim was initial denied, and denied again upon reconsideration. +Smith filed a timely request for a hearing before an ALJ, and after the hearing, an ALJ denied Smith’s claim on March 26, 2014. Smith claims to have mailed a written request for review before the Appeals Council on April 24, 2014, and followed up by fax on September 21, 2014. A claims representative spoke with Smith on October 1, 2014, to inform him that his request may not have been received and that his request was filed as of that day, October 1, 2014. +The Appeals Council dismissed the request for review as untimely, as Smith proffered no evidence showing the request for was sent within the appropriate time. Smith filed a civil action seeking review of the Appeals Council’s dismissal. The district court determined that it lacked jurisdiction to hear the claim because the Appeals Council’s dismissal did not constitute a final decision subject to judicial review under 42 U.S.C. § 405(g). +" +TEST_1120,Hughes Anderson Bagley,United States,"In October 1977, Hughes Anderson Bagley was indicted on fifteen charges of violating federal narcotics and firearms statutes. The government’s two principal witnesses were James F. O’Connor and Donald E. Mitchell, private security guards. Between April and June 1977, they assisted the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) in conducting an undercover investigation of Bagley. In response to a discovery request for information about any deals, promises or inducements made to O’Connor or Mitchell, the government produced only affidavits from each man stating that each spoke without any threats or rewards, or promises of reward. Bagley waived his right to a jury trial. At trial, O’Connor and Mitchell testified about the firearms and narcotics charges. On December 23, 1977, the court found Bagley guilty on the narcotics charges, but not the firearms charges. +In mid-1980, Bagley filed requests pursuant to the Freedom of Information Act and to the Privacy Act of 1974. He received copies of ATF form contracts, each entitled, “Contract for Purchase of Information and Payment of Lump Sum Therefor.” These contracts indicated that O’Connor and Mitchell provided information to the ATF and promised a future payment of $300 to each informer. Bagley moved to vacate his sentence under 28 U.S.C. § 2255, alleging that the government’s failure to disclose the contracts violated his right to due process under the Fourteenth Amendment. +The motion came before the same district judge who presided at Bagley’s trial. At an evidentiary hearing, a magistrate found that neither informant expected payment for his testimony. In contrast, the district judge found that O’Connor and Mitchell probably expected to receive compensation for their assistance, and that the government suppressed evidence favorable to Bagley. He also concluded, however, that the disclosure would not have had an effect on the court’s verdict. He emphasized that Bagley’s counsel did not seek to discredit O’Connor or Mitchell on cross-examination. The United States Court of Appeals, Ninth Circuit, reversed, reasoning that the government’s failure to disclose required automatic reversal because it impaired Bagley’s Sixth Amendment right to confront adverse witnesses through effective cross-examination. +" +TEST_1121,South Carolina,Edwards,"187 black students were convicted in a magistrate's court of breach of the peace for peacefully assembling at the South Carolina State Government. Their purpose was to submit a protest of grievances to the citizens of South Carolina, and to the legislative bodies of South Carolina. During the course of the peaceful demonstration the police arrested the students after they did not obey an order to disperse. The students were convicted of breach of the peace. After their convictions were affirmed by the state supreme court, the students sought further review. They contended that there was a complete absence of any evidence of the commission of the offense and that they were thus denied due process of law. +" +TEST_1122,Joseph Kindler,"Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al.","Joseph Kindler was convicted of first degree murder in a Pennsylvania state court and sentenced to death. He subsequently filed motions for post-conviction relief, but while the motions were pending, he escaped from prison. Pennsylvania immediately moved to dismiss the motions arguing that Mr. Kindler had waived any right to have his post-conviction motions considered because he was a fugitive. The trial court agreed and dismissed them. After recapture, Mr. Kindler moved to reinstate his post-conviction motions, which was denied. Both the Pennsylvania Superior Court and Pennsylvania Supreme Court affirmed the trial court's decision. +In 2000, Mr. Kindler filed a petition for federal habeas corpus relief in a Pennsylvania federal district court. The State of Pennsylvania argued that habeas corpus relief was unavailable to Mr. Kindler because Pennsylvania's fugitive waiver rule was an ""independent and adequate"" state ground that precluded federal habeas review. The district court disagreed and granted the petition. On appeal, the U.S. Court of Appeals for the Third Circuit affirmed. Relying on its decision in Doctor v. Walters, it held that Pennsylvania's fugitive waiver rule was not an independent and adequate state ground that precluded federal habeas review. +" +TEST_1123,Vermont Agency of Natural Resources,United States ex rel. Stevens,"Jonathan Stevens, a former attorney for the Vermont Agency of Natural Resources, filed suit against his former employer, the agency, alleging that it had submitted false claims to the Environmental Protection Agency (EPA) in order to induce the EPA to disburse more grant money than it was entitled to receive. Stevens filed suit under the False Calms Act (FCA), which provides for a private person to bring a qui tam civil action ""in the name of the [Federal] Government,"" against ""any person"" who ""knowingly presents...to...the...Government...a false or fraudulent claim for payment."" The State of Vermont moved to dismiss the suit, arguing that a State or state agency is not a ""person"" subject to liability under the FCA and that a qui tam action in federal court against a State is barred by the Eleventh Amendment. The District Court denied the motion. Vermont then filed an interlocutory appeal. Thereupon, the court stayed its proceedings and the United States intervened in the appeal in support of Stevens. The Court of Appeals affirmed. +" +TEST_1124,California,Donald Curtis Samson,"A police officer stopped and searched Samson on the street in San Bruno, California. The officer had no warrant and later admitted he had stopped Samson only because he knew him to be on parole. The officer found that Samson was in possession of methamphetamines. Samson was arrested and charged with drug possession in state court. At trial Samson argued the drugs were inadmissible as evidence, because the search had violated his Fourth Amendment rights. The trial court denied the motion and the state supreme court declined to hear the case. +" +TEST_1125,Samara Bros. Inc.,Wal-Mart Stores Inc.,"Samara Brothers, Inc. designs and manufactures a line of children's clothing. Wal-Mart Stores, Inc., contracted with a supplier, Judy-Philippine, Inc. (JPI), to manufacture outfits based on photographs of Samara garments and to be offered under Wal-Mart's house label, ""Small Steps."" When JPI manufactured the clothes, it copied sixteen of Samara's garments with some small modifications to produce the line of clothes required under its contract with Wal-Mart. After discovering that Wal-Mart and other retailers were selling the so-called knockoffs, Samara brought an action for infringement of unregistered trade dress under section 43(a) of the Trademark Act of 1946. The jury found for Samara and awarded the company more than $1 million in damages. Wal-Mart then renewed a motion for judgment as a matter of law, claiming that there was insufficient evidence to support a conclusion that Samara's clothing designs could be legally protected as distinctive trade dress for purposes of section 43(a). The District Court denied the motion and awarded Samara relief. The Court of Appeals affirmed the denial of the motion and concluded that ""copyrights depicting familiar objects, such as the hearts, daisies, and strawberries in Samara's copyrights are entitled to very narrow protection. It is only the virtually identical copying...which will result in a successful claim of infringement of familiar objects."" +" +TEST_1126,"Salomon Smith Barney, Inc.",Harris Trust & Savings Bank,"Section 406(a) of the Employee Retirement Income Security Act of 1974 (ERISA) bars a fiduciary of an employee benefit plan from causing the plan to engage in certain prohibited transactions with a ""party in interest."" Such a party encompasses entities that a fiduciary might be inclined to favor at the expense of the plan's beneficiaries. After the Ameritech Pension Trust (APT), an ERISA pension plan, allegedly entered into a transaction prohibited by ERISA with Salomon Smith Barney Inc., APT's fiduciaries sued Salomon under section 502(a)(3), which authorizes a fiduciary to bring a civil action to obtain appropriate equitable relief."" Salomon arguing that section 502(a)(3) only authorizes a suit against the fiduciary who caused the plan to enter the prohibited transaction. Ultimately, the District Court held that ERISA provides a private cause of action against nonfiduciaries who participate in a prohibited transaction. In reversing, the Court of Appeals held that the authority to sue under section 502(a)(3) does not extend to a suit against a nonfiduciary ""party in interest"" to a transaction barred by section 406(a). +" +TEST_1127,Buford,United States,"The United States Sentencing Guidelines define a career offender as one with at least two prior felony convictions for violent or drug-related crimes and provides that a sentencing judge must count as a single prior conviction all ""related"" convictions. Convictions may also be functionally related, if they were factually or logically related and sentencing was joint. After Paula Buford pleaded guilty to armed bank robbery, the sentencing judge had to determine whether her five prior state convictions were ""related"" or whether they should count as more than one. At sentencing, the government conceded that her four prior robbery convictions were related. The government did not concede that her prior drug conviction was related to the robberies. The District Court concluded that Buford's drug and robbery cases had not been either formally or functionally consolidated. In affirming, the Court of Appeals reviewed the decision deferentially rather than de novo, giving deference to the District Court. +" +TEST_1128,Major League Baseball Players Association,Garvey,"After the Major League Baseball Players Association filed grievances against the Major League Baseball Clubs, arbitrators found that the Clubs had colluded in the market for free-agent services in violation of the industry's collective bargaining agreement. To cover damages, the Association and Clubs entered into an agreement, which provided funds and framework to resolve individual player's claims. Steve Garvey, a first baseman, submitted a claim alleging that the San Diego Padres did not extend his contract to the 1988 and 1989 seasons due to collusion. Under the framework, the Association denied Garvey's claim. Agreeing, the arbitrator determined that Garvey did not receive a contract extension due to collusion and found that Garvey had not shown a specific offer of extension. Ultimately, the Court of Appeals reversed the District Court's denial of Garvey's motion to vacate the arbitrator's award. The appellate court, under the Labor Management Relations Act, directed the arbitration panel to enter an award for Garvey because it concluded from the arbitration proceedings that an offer was made to Garvey and that it was withdrawn due to collision. +" +TEST_1129,Florida Board of Regents,Kimel,"The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful for a private employer ""to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual...because of such individual's age."" In 1974, Congress extended the ADEA's substantive requirements to the states. First, in 1994, employees of the University of Montevallo filed suit against the university, a branch of the State of Alabama, alleging that the university had discriminated against them on the basis of their age. The federal District Court dismissed the case based on the state's Eleventh Amendment immunity. The court determined that, although the ADEA shows Congress' intent to abrogate a state's Eleventh Amendment immunity, Congress did not enact or extend the ADEA under its Fourteenth Amendment enforcement powers. The court, therefore, held that the ADEA did not abrogate the state's Eleventh Amendment immunity. Second, in 1995, a group of faculty and librarians of Florida State University filed suit against the Board of Regents, alleging that the university's fiscal actions had violated the ADEA because the actions had a disparate impact on the pay of older employees. When the Florida Board of Regents moved to dismiss the suit on Eleventh Amendment grounds, the District Court denied the motion, holding that Congress expressed its intent to abrogate state Eleventh Amendment immunity in the ADEA, and that the ADEA is a proper exercise of congressional authority under the Fourteenth Amendment. Likewise, in 1996, a third case, involving an employee of the Florida Department of Corrections, was similarly decided. The Court of Appeals, in deciding all three cases, held that the ADEA does not abrogate the states' Eleventh Amendment immunity. +" +TEST_1130,Freytag,Commissioner,"Under 26 U.S.C. 7443A(b), the Chief Judge of the United States Tax Court (an Article I Court established by Congress) may appoint special trial judges to certain specified proceedings explicitly laid out in the statute, in which the special trial judges may issue decisions. He may also appoint them to ""any other proceeding which the chief judge may designate,"" but in those unspecified cases the special trial judge may not issue a final decision, only draft an opinion which must be reviewed by a regular judge of the Tax Court. +Freytag and several other defendants were charged with using a tax shelter to avoid paying roughly $1.5 billion in taxes. They consented to have their case heard by a special trial judge. The trial judge eventually drafted an opinion unfavorable to their position, which was reviewed and adopted by the Chief Judge. They then appealed the case, arguing that their case was too complex to assign to a special trial judge under section 7443A. Congress's decision to allow the Chief Judge to make such an assignment, they argued, violated the Appointments Clause of the Constitution (Article II Section 2), which provides that Congress may ""vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."" Freytag asserted that the ""Courts of Law"" referred to there were only Article III courts (Federal District Courts, Circuit Courts of Appeals, and the Supreme Court, all of which have judges with lifetime tenure), and that the Chief Judge was part of an Article I court, meaning that Congress could not assign him the power of appointment. The Fifth Circuit Court of Appeals rejected that argument, affirming the Tax Court's decisions. +" +TEST_1131,Trest,Cain,"Richard Trest sought a writ of habeas corpus that would cancel the sentence he was serving in Louisiana for armed robbery. The District Court rejected his claim. Trest appealed to the U.S. Court of Appeals for the Fifth Circuit, but before hearing the facts of the case, the Court of Appeals denied his appeal as a ""procedural default."" The Court of Appeals ruled that Trent had failed to meet the deadline for filing his federal claims in state court. Though Louisiana had not raised the issue, the Fifth Circuit felt compelled to dismiss the case on its own initiative. Trest appealed to the Supreme Court, arguing that the Fifth Circuit had incorrectly believed that it was required to decide the ""procedural default"" issue sua sponte - that is, without prompting from one of the parties. +" +TEST_1132,"Stephen Charles Wiesenfeld, etc.","Caspar Weinberger, Secretary of Health, Education, and Welfare","Stephen Wiesenfeld and Paula Polatschek were married in 1970. Polatschek had worked as a teacher for the five years prior to their marriage and continued teaching after they were married. Her salary was the principle source of the couple’s income, and social security contributions were regularly deducted from her salary. In 1972, Polatschek died in childbirth, which left Wiesenfeld with the care of their newborn son. Wiesenfeld applied for social security benefits for himself and his son, and was told that his son could receive them but that he could not. Social Security Act provides benefits based on the earnings of a deceased husband and father that are available to both the children and the widow. The benefits for a deceased wife and mother, however, are only available to the children. +In 1973, Wiesenfeld sued on behalf of himself and similarly situated widowers. He claimed that the relevant section of the Social Security Act unfairly discriminated on the basis of sex and sought summary judgment. A three-judge panel of the district court granted Wiesenfeld’s motion for summary judgment +" +TEST_1133,Maxwell,Sheppard,"After suffering a trial court conviction of second-degree murder for the bludgeoning death of his pregnant wife, Samuel Sheppard challenged the verdict as the product of an unfair trial. Sheppard, who maintained his innocence of the crime, alleged that the trial judge failed to protect him from the massive, widespread, and prejudicial publicity that attended his prosecution. On appeal from an Ohio district court ruling supporting his claim, the Sixth Circuit Court of Appeals reversed. When Sheppard appealed again, the Supreme Court granted certiorari. +" +TEST_1134,"Flamingo Industries (USA) Ltd., et al.",United States Postal Service,"When the U.S. Postal Service ended its mail-sack contract with Flamingo Industries, Flamingo sued in U.S. district court. Flamingo claimed the Postal Service declared a ""fake emergency in the supply of mail sacks"" so it could give no-bid contracts to cheaper foreign manufacturers without allowing U.S. companies to compete for them. Flamingo claimed this violated federal antitrust laws (among other charges). The district court dismissed the antitrust claim reasoning that the federal government is protected by sovereign immunity. The Ninth Circuit Court of Appeals reversed on the antitrust immunity count. It ruled that the 1970 Postal Reorganization Act waived the Postal Service's sovereign immunity and that it could be sued under federal antitrust laws as a ""person."" +" +TEST_1135,Winnebago County Department of Social Services,DeShaney,"In 1984, four-year-old Joshua DeShaney became comatose and then profoundly retarded due to traumatic head injuries inflicted by his father who physically beat him over a long period of time. The Winnebago County Department of Social Services took various steps to protect the child after receiving numerous complaints of the abuse; however, the Department did not act to remove Joshua from his father's custody. Joshua DeShaney's mother subsequently sued the Winnebago County Department of Social Services, alleging that the Department had deprived the child of his ""liberty interest in bodily integrity, in violation of his rights under the substantive component of the Fourteenth Amendment's Due Process Clause, by failing to intervene to protect him against his father's violence."" +" +TEST_1136,Kevin Stanford,Kentucky,"At 17 years old, Kevin Stanford was convicted by a Kentucky jury of murder, sodomy, robbery, and the receipt of stolen property. Stanford was sentenced to death under a state statute which permitted juvenile offenders to receive the death penalty for Class A felonies or capital crimes. Stanford appealed his sentence and his case was consolidated with that of Wilkins v. Missouri, involving a 16 year old's appeal of his death sentence following a conviction for murder in Missouri. Both Stanford and Wilkins alleged that the imposition of the death penalty on offenders as young as themselves violated their constitutional rights. +" +TEST_1137,"Southern Utah Wilderness Alliance, et al.","Gale Norton, Secretary of the Interior, et al. ","The federal Bureau of Land Management (BLM) designated 2.5 million acres of land in Utah as ""Wilderness Study Areas"" under the Federal Land Policy and Management Act of 1976 (FLPMA). Under the Act, the BLM is required to manage this land ""so as not to impair the suitability of such areas for preservation as wilderness."" +The Southern Utah Wilderness Alliance (SUWA) and several other environmentalist groups brought suit in federal district court under section 706 (1) of the Administrative Procedure Act (APA), which allows federal courts to compel government action when an agency has failed to meet its legal duties. SUWA claimed that the BLM had failed to take a ""hard look,"" as required by the National Environmental Policy Act of 1969, at the effects of off-road vehicles on the Wilderness Study Areas. It also claimed that the permitted off-road vehicle use was in fact damaging the study areas in violation of the agency's FLPMA obligations. +The district court dismissed the case, holding that SUWA's charge that the bureau had failed to adequately protect the study areas was not specific enough for the court to hear under the Administrative Procedure Act. On appeal, a divided panel of the 10th Circuit Court of Appeals reversed the decision. It held that the bureau's discretion was limited to deciding how to implement the act, not if to implement it, and that SUWA could therefore bring suit to force it at least to take a ""hard look"" at the effects of the off-road vehicle policy. +" +TEST_1138,Blumstein,Dunn,"A Tennessee law required a one-year residence in the state and a three-month residence in the county as a precondition for voting. James Blumstein, a university professor who had recently moved to Tennessee, challenged the law by filing suit against Governor Winfield Dunn and other local officials in federal district court. +" +TEST_1139,Fibreboard Corporation,Ortiz,"After decades of litigation, Fibreboard Corporation and a group of plaintiffs' lawyers reached a ""Global Settlement Agreement"" of its asbestos personal-injury liability. Subsequently, a group of named plaintiffs filed the present action in Federal District Court, seeking certification for settlement purposes of a mandatory class that comprised three certain groups. Intervening objectors argued that the absence of a ""limited fund"" precluded Rule 23(b)(1)(B) certification. Rule 23(b)(1)(B) provides that ""an action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition: (1) the prosecution of separate actions by or against individual members of the class would create a risk of... (B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests."" The court ruled that both the disputed insurance asset liquidated by the global settlement, and, alternatively, the sum of the value of Fibreboard plus the value of its insurance coverage, as measured by the insurance funds' settlement value, were relevant ""limited funds."" The Court of Appeals affirmed both the class certification and the adequacy of the settlement. The appellate court approved the class certification, under Rule 23(b)(1)(B), on a limited fund rationale based on the threat to other class members' ability to receive full payment from the manufacturer's limited assets. +" +TEST_1140,United States,Buford,"The United States Sentencing Guidelines define a career offender as one with at least two prior felony convictions for violent or drug-related crimes and provides that a sentencing judge must count as a single prior conviction all ""related"" convictions. Convictions may also be functionally related, if they were factually or logically related and sentencing was joint. After Paula Buford pleaded guilty to armed bank robbery, the sentencing judge had to determine whether her five prior state convictions were ""related"" or whether they should count as more than one. At sentencing, the government conceded that her four prior robbery convictions were related. The government did not concede that her prior drug conviction was related to the robberies. The District Court concluded that Buford's drug and robbery cases had not been either formally or functionally consolidated. In affirming, the Court of Appeals reviewed the decision deferentially rather than de novo, giving deference to the District Court. +" +TEST_1141,United States,Dennys Rodriguez,"On March 27, 2012, a Nebraska K-9 police officer pulled over a vehicle driven by Dennys Rodriguez after his vehicle veered onto the shoulder of the highway. The officer issued a written warning and then asked if he could walk the K-9 dog around Rodriguez's vehicle. Rodriguez refused, but the officer instructed him to exit the vehicle and then walked the dog around the vehicle. The dog alerted to the presence of drugs, and a large bag of methamphetamine was found. +Rodriguez moved to suppress the evidence found in the search, claiming the dog search violated his Fourth Amendment right to be free from unreasonable seizures. The district court denied the motion. On appeal, the United States Court of Appeals for the Eighth Circuit affirmed, holding the search was constitutional because the brief delay before employing the dog did not unreasonably prolong the otherwise lawful stop. +" +TEST_1142,Larry D. Hiibel,"Sixth Judicial District Court of Nevada, Humboldt County, et al.","Larry Hiibel was arrested and convicted in Nevada state court for failing to identify himself to a police officer who was investigating an assault. Nevada, and many other states, has a law that requires a person to tell an officer his name if asked. Hiibel challenged the conviction, claiming it violated his Fifth Amendment right not to incriminate himself and his Fourth Amendment right to be free from unreasonable searches. The state intermediate court and Supreme Court rejected his argument in affirming the conviction. +" +TEST_1143,Demore,Kim,"Under the Immigration and Nationality Act, 8 USC section 1226(c), the Attorney General shall take into custody any alien who is removable from this country because he has been convicted of one of a specified set of crimes, including an aggravated felony. After Hyung Joon Kim, a lawful permanent resident alien, was convicted in state court of first-degree burglary and petty theft with priors, the Immigration and Naturalization Service charged him with being deportable and detained him pending his removal hearing. Kim filed a habeas corpus action challenging section 1226(c) on the ground that his detention violated due process because the INS had made no determination that he posed either a danger to society or a flight risk. The District Court granted Kim's petition. In affirming, the Court of Appeals concluded that the INS had not provided a justification for no-bail civil detention sufficient to overcome a permanent resident alien's liberty interest. +" +TEST_1144,Kentucky,Hollis Deshaun King,"Police officers in Lexington, Ky., entered an apartment building in pursuit of a suspect who sold crack cocaine to an undercover informant. The officers lost sight of the suspect and mistakenly assumed he entered an apartment from which they could detect the odor of marijuana. After police knocked on the door and identified themselves, they heard movements, which they believed indicated evidence was about to be destroyed. Police forcibly entered the apartment and found Hollis King and others smoking marijuana. They also found cash, drugs and paraphernalia. King entered a conditional guilty plea; reserving his right to appeal denial of his motion to suppress evidence obtained from what he argued was an illegal search. +The Kentucky Court of Appeals affirmed the conviction, holding that exigent circumstances supporting the warrantless search were not of the police's making and that police did not engage in deliberate and intentional conduct to evade the warrant requirement. In January 2010, the Kentucky Supreme Court reversed the lower court order, finding that the entry was improper. The court held that the police were not in pursuit of a fleeing suspect when they entered the apartment, since there was no evidence that the original suspect even knew he was being followed by police. +" +TEST_1145,Colorado,John Leroy Spring,"In February 1979, John Leroy Spring and a companion shot and killed Donald Walker during a hunting trip in Colorado. Shortly after, agents of the Bureau of Alcohol, Tobacco, and Firearms (ATF) received information from an informant that Spring was involved in the transportation of stolen firearms across state lines. The informant also told the agents the Spring had been talking about killing Walker. The agents set up an undercover operation and arrested Spring on March 30. Spring was advised of his Miranda rights at the scene of the arrest and again at the police station. He then signed a document stating that he understood and waived his rights and was willing to make a statement. After asking Spring about the firearms transactions, the agents asked Spring if he had ever shot anyone, and if he had shot Walker in Colorado. Spring admitted to shooting someone but denied shooting Walker, and the interview ended. On May 26, Colorado police officers visited Spring in jail intending to question him about the Walker murder. They read Spring his Miranda rights, and he signed a document stating that he waived them. During the course of the interview, Spring confessed to the murder. +Spring was charged with first-degree murder in Colorado state court. He moved to suppress both the March 30 and May 26 statements by arguing that he invalidly waived his Miranda rights. The trial court held that the police’s failure to inform Spring of the topics that would be covered in questioning did not affect the the waiver, but the content of the March 30 interview was not relevant. The trial court suppressed the March 30 statement and admitted the May 26 statement into evidence. Spring was convicted. On appeal, Spring renewed his argument about the waiver of his Miranda rights for the March 30 statement and argued that the May 26 statement was the “illegal fruit” of the March 30 statement. The Colorado Court of Appeals reversed and held that the March 30 statement was inadmissible because the ATF agents had a duty to inform Spring that he was a suspect in the Walker murder before questioning him about it. The Court of Appeals also held that the state failed to meet its burden to prove that the May 26 statement was not the product of the earlier illegal statement. The Colorado Supreme Court affirmed. +" +TEST_1146,Bradley Thomas Jacobsen and Donna Marie Jacobsen,United States,"On May 1, 1981, pursuant to company procedure, employees at the FedEx office at the Minneapolis-St. Paul Airport opened a package that had been damaged by a forklift. The package was an ordinary-looking cardboard box wrapped in brown paper. Inside, they found a tube that contained four plastic bags inside one another, and the innermost bag contained a white substance. They notified the Drug Enforcement Administration (DEA) and replaced the contents of the box. When the DEA agents arrived, they removed a small amount of the white powder to conduct a field test that determined the powder was cocaine. The DEA agents obtained a warrant for the address on the package and searched the location, where they arrested Bradley Thomas Jacobsen and Donna Marie Jacobsen for possession of an illegal substance with intent to distribute. +After they were indicted, the respondents filed a motion to suppress the evidence on the grounds that the warrant was the product of an illegal search. The motion was denied, and the defendants were tried and convicted in district court. The United States Court of Appeals for the Eighth Circuit reversed the decision and held that the warrant was the product of the test of the powder, for which a warrant was required. +" +TEST_1147,Scott Louis Panetti,"Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division","Scott Louis Panetti was convicted of the murder of his wife's parents and sentenced to death. He petitioned for a writ of habeas corpus in federal District Court, claiming mental illness. The Supreme Court had ruled in Ford v. Wainwright that execution of the mentally ill is barred by the Eighth Amendment's prohibition on cruel and unusual punishment. A psychiatric evaluation found that Panetti believed that the State was ""in league with the forces of evil"" and was executing him in order to ""prevent him from preaching the Gospel."" However, doctors also found Panetti to be aware of his crime, of the fact that he was to be executed, and of the State's stated reason for executing him. The District Court concluded that he was sufficiently sane to be executed. +On appeal, the U.S. Court of Appeals for the Fifth Circuit affirmed the lower court. The Fifth Circuit rejected Panetti's argument that an inmate cannot be executed if he lacks a rational understanding of the State's motivation for the execution. The Court of Appeals instead relied on Justice Lewis Powell's concurrence in Ford, holding that an inmate need only have an awareness of the State's reason for execution, not necessarily a rational understanding of it. +" +TEST_1148,Kim,Demore,"Under the Immigration and Nationality Act, 8 USC section 1226(c), the Attorney General shall take into custody any alien who is removable from this country because he has been convicted of one of a specified set of crimes, including an aggravated felony. After Hyung Joon Kim, a lawful permanent resident alien, was convicted in state court of first-degree burglary and petty theft with priors, the Immigration and Naturalization Service charged him with being deportable and detained him pending his removal hearing. Kim filed a habeas corpus action challenging section 1226(c) on the ground that his detention violated due process because the INS had made no determination that he posed either a danger to society or a flight risk. The District Court granted Kim's petition. In affirming, the Court of Appeals concluded that the INS had not provided a justification for no-bail civil detention sufficient to overcome a permanent resident alien's liberty interest. +" +TEST_1149,United States,Tony Henderson,"Tony Henderson was a former United States Border Patrol Agent who was charged with, among other crimes, distribution of marijuana. On June 9, 2006, two days after he was arrested, Henderson voluntarily turned 19 firearms over to the Federal Bureau of Investigation (FBI), which he argued was for ""safekeeping as a condition of the bond."" He later pled guilty to his narcotics charges. +In 2008 and 2009, Henderson requested that the FBI return his firearms so that he could transfer them to a purported buyer, but the FBI refused to do so. Henderson then moved the district court to allow him to transfer the firearms to the 2009 buyer or his wife. The magistrate judge recommended denial of the motion because Henderson was a convicted felon, and the district court adopted the recommendation. Henderson appealed and argued that, because he had not been given notice that his guilty plea would disqualify him from firearm ownership, he is entitled to relief. The U.S. Court of Appeals for the Eleventh Circuit affirmed the decision of the lower court. +" +TEST_1150,Luis E. Melendez-Diaz,Massachusetts,"Luis Melendez-Diaz was arrested while making a cocaine sale in a parking lot in Massachusetts. At trial, bags of the cocaine alleged to have been distributed by Melendez-Diaz were introduced into evidence along with drug analysis certificates prepared by the lab technician who analyzed the drugs and identified them as cocaine. A jury convicted Melendez-Diaz of distributing and trafficking cocaine in violation of Massachusetts law. Melendez-Diaz appealed, arguing that the State's introduction of the drug analysis certificates violated his Sixth Amendment right to confront witnesses against him under the Court's ruling in Crawford v. Washington. Crawford had held that so-called ""testimonial"" evidence cannot be introduced at trial unless the defendant has a chance to cross-examine the witness providing the evidence. Melendez-Diaz characterized the lab analysis as testimonial and argued that Crawford required the lab technician to testify on the results. The State argued that Massachusetts had previously held, in Commonwealth v. Verde, that lab reports were not testimonial. +The Massachusetts Court of Appeals rejected Melendez-Diaz's claims in an unpublished opinion, referring to them in a short footnote as ""without merit."" The Massachusetts Supreme Court also denied his appeal. +" +TEST_1151,California Dental Association,Federal Trade Commission,"The California Dental Association (CDA), a nonprofit association of local dental societies, provides its members with insurance and financing arrangements, and engages in lobbying, litigation, marketing, and public relations for members' benefit. Members agree to abide by the CDA's Code of Ethics, which prohibits false or misleading advertising. The Federal Trade Commission (FTC) brought a complaint against the CDA, alleging that the CDA's guidelines restricted two types of truthful, non-deceptive advertising: price advertising and advertising relating to the quality of dental services and therefore had violated section 5 of the Federal Trade Commission Act (FTC Act). An Administrative Law Judge (ALJ) held that the FTC had jurisdiction over the CDA and found a violation of section 5 of the FTC Act. The FTC adopted most of the ALJ's factual findings and held that the price advertising, as well as the non-price, restrictions were violations of the Sherman and FTC Acts under an abbreviated rule-of-reason analysis. In affirming, the Court of Appeals sustain the FTC's jurisdiction and concluded that an abbreviated rule-of-reason analysis was proper in this case. +" +TEST_1152,Jimcy McGirt,Oklahoma,"Jimcy McGirt, a member of the Muscogee (Creek) Nation was convicted of sex crimes against a child by the state of Oklahoma within the historical Creek Nation boundaries. He argued that Oklahoma could not exercise jurisdiction over him because under the Indian Major Crimes Act, any crime involving a Native American victim or perpetrator, or occurring within recognized reservation boundaries, is subject to federal jurisdiction, not state jurisdiction. +" +TEST_1153,Hartford Fire Insurance Company,California,"Nineteen States and many private plaintiffs filed complaints alleging that the defendants -- domestic primary insurers, trade associations, and a reinsurance broker, along with London-based as well as domestic reinsurers -- violated Section 1 of the Sherman Act, 15 U.S.C. Section 1, by engaging in various conspiracies aimed at forcing certain other primary insurers to change the terms of their standard domestic commercial general liability insurance policies. After the actions were consolidated for litigation, the district court granted the defendants' motion to dismiss, holding that the conduct alleged fell within the grant of antitrust immunity contained in Section 2(b) of the McCarran-Ferguson Act, 15 U.S.C. Section 1012(b), and that none of the conduct amounted to a ""boycott"" within the meaning of the Section 3(b), 15 U.S.C. Section 1013(b), exemption to that grant of immunity. The court of appeals reversed. +" +TEST_1154,"The State of Texas, et al.","The State of California, et al.","In 2012, the U.S. Supreme Court upheld the individual mandate of the Affordable Care Act (ACA) against a constitutional challenge by characterizing the penalty for not buying health insurance as a tax, which Congress has the power to impose. In 2017, the Republican-controlled Congress enacted an amendment to the ACA that set the penalty for not buying health insurance to zero, but it left the rest of the ACA in place. Texas and several other states and individuals filed a lawsuit in federal court challenging the individual mandate again, arguing that because the penalty was zero, it can no longer be characterized as a tax and is therefore unconstitutional. California and several other states joined the lawsuit to defend the individual mandate. +The federal district court held that the individual mandate is now unconstitutional and that as a result, the entire ACA is invalidated because the individual mandate cannot be “severed” from the rest of the Act. The U.S. Court of Appeals for the Fifth Circuit upheld the district court’s conclusion but remanded the case for reconsideration of whether any part of the ACA survives in the absence of the individual mandate. The Supreme Court granted California’s petition for review, as well as Texas’s cross-petition for review. +" +TEST_1155,United States,Z. T. Osborn ,"At attorney Z.T. Osborn’s trial for attempting to bribe a juror in a federal criminal trial, the judge admitted a tape recording of an incriminating conversation between Osborn and a local police officer. The officer recorded the conversation secretly under authorization of the court. Osborn argued that the recording violated his right to privacy and he was entrapped. A jury convicted Osborn and the U.S. Court of Appeals for the Sixth Circuit Affirmed. +" +TEST_1156,California,Jesse James Gilbert,"Jesse James Gilbert was charged with armed robbery and the murder of a police officer in Alhambra, California. Gilbert refused to answer questions about the robbery charge without the advice of counsel, but later answered questions about a robbery in which the robber, allegedly Gilbert, used a handwritten note demanding the money. He gave the police handwriting exemplars, which were later admitted into evidence. The police also had eyewitnesses identify Gilbert in a line-up that was conducted without notice to his counsel. During the trial, several witnesses identified Gilbert in the courtroom as being a part of multiple robberies, including the Alhambra robbery. No distinction was made as to whether the in-court identifications were independent of the illegal line-ups that occurred before the trial. The jury rendered a guilty verdict and imposed the death penalty. The California Supreme Court affirmed.  +" +TEST_1157,Weinberger,Goldman,"Goldman was a commissioned officer in the United States Air Force, an Orthodox Jew, and an ordained rabbi. He was not allowed to wear his yarmulke while on duty and in Air Force uniform. An Air Force regulation mandated that indoors, headgear could not be worn ""except by armed security police in the performance of their duties."" +" +TEST_1158,Buckley,Valeo,"In the wake of the Watergate affair, Congress attempted to ferret out corruption in political campaigns by restricting financial contributions to candidates. Among other things, the law set limits on the amount of money an individual could contribute to a single campaign and it required reporting of contributions above a certain threshold amount. The Federal Election Commission was created to enforce the statute. +" +TEST_1159,Keanu D.W. Ortiz,United States,"Since shortly after the Civil War, federal law has required express authorization from Congress before active-duty military officers may hold a ""civil office,” including positions that require ""an appointment by the President by and with the advice and consent of the Senate."" 10 U.S.C. § 973(b)(2)(A)(ii). After President Obama nominated and the Senate confirmed Colonel Martin T. Mitchell as a judge of the Article I US Court of Military Commission Review (CMCR), Judge Mitchell continued to serve on the US Air Force Court of Criminal Appeals (CCA). +A judge convicted Keanu Ortiz of possessing and distributing child pornography, and sentenced him to two years' imprisonment and a dishonorable discharge. A panel of the AFCCA, which included Judge Mitchell, affirmed the findings and sentence. Ortiz filed a petition for review with the Court of Appeals for the Armed Forces (CAAF), asking the court to consider whether Judge Mitchell was disqualified from serving on the CCA because he had been appointed to the CMCR. Ortiz claimed that Judge Mitchell's CMCR appointment precluded him from serving on the CCA under both the the federal statute and the Constitution. The CAAF rejected both of Ortiz's arguments. +Note: This case was original consolidated under Dalmazzi v. United States (16-961), and the oral argument audio and transcripts can be found there. +" +TEST_1160,J.E.B.,Alabama ex rel T.B.,"Alabama, acting on behalf of T.B. (the mother), sought paternity and child support from J.E.B.(the putative father). A jury found for T.B. In forming the jury, Alabama used its peremptory strikes to eliminate nine of the ten men who were in the jury pool; J.E.B. use a peremptory challenge to strike a tenth man in the pool. +" +TEST_1161,United States,"Richard M. Nixon, et al.","A grand jury returned indictments against seven of President Richard Nixon's closest aides in the Watergate affair. The special prosecutor appointed by Nixon and the defendants sought audio tapes of conversations recorded by Nixon in the Oval Office. Nixon asserted that he was immune from the subpoena claiming ""executive privilege,"" which is the right to withhold information from other government branches to preserve confidential communications within the executive branch or to secure the national interest. Decided together with Nixon v. United States. +" +TEST_1162,Santana,United States,"Using marked money, police officers made an undercover heroin buy from a third party who, upon taking money from the officers, entered ""Mom Santana's"" house and emerged with heroin. Officers then arrested the third party and returned to Santana's house where they identified themselves as police officers, entered the house after Santana fled into it from the porch, and, after ordering her to empty her pockets, discovered some of the marked money. The search was done without a warrant. +" +TEST_1163,Philadelphia Gear Corporation,Federal Deposit Insurance Corporation,"Orion Manufacturing Corporation (Orion) was a customer of Philadelphia Gear Corporation (PG). To provide a guarantee of payment to PG, Orion obtained a letter of credit for the benefit of PG from Penn Square Bank, N.A. (Bank). If Orion failed to pay an invoice to PG for at least 15 days, PG could draw upon that line of credit, up to $145,200. This type of credit line, meant to guarantee payment to a seller, is referred to as a standby letter of credit. To back up that line of credit, Orion executed an unsecured promissory note in favor of the Bank. This note is referred to as a backup letter of credit. Nothing was due on the backup letter of credit unless PG presented drafts on the standby letter of credit. Thus the backup letter was a contingent promissory note. The Bank did not credit any account of Orion's in exchange for the note, and did not treat its own assets as increased by its acceptance of the note. In 1982, the Bank was declared insolvent and the Federal Deposit Insurance Corporation (FDIC) was appointed its receiver. PG presented drafts on the standby letter of credit for goods delivered before the Bank's insolvency, but the FDIC returned them unpaid. PG sued the FDIC, claiming that the standby letter of credit was an insured deposit under the definition of ""deposit"" set forth at 12 U.S.C. Section 1813(l)(1), and that PG was therefore entitled to $100,000 in deposit insurance. +" +TEST_1164,Consolidated Rail Corporation,Gottshall,"Consolidated Rail Corporation (Conrail) employee James Gottshall observed a fellow worker, Richard Johns, die of a heart attack while on duty. Gottshall's boss postponed seeking medical assistance during Johns' heart attack, insisted that the crew keep working, and left the body at the work site for the remainder of the work day. Shortly after Johns's death, Gottshall was admitted to a psychiatric institution. Gottshall sued Conrail under the Federal Employers' Liability Act (FELA) for exposing him to distressing circumstances which he claimed caused his illness. A District Court rejected the suit. +The U.S. Court of Appeals for the Third Circuit reversed and found that Gottshall's injuries were ""genuine and severe."" The Third Circuit contrasted the liberal injury recovery policy embodied in FELA over the more limited injury relief recovery policy embodied in common law standards, which often applied harsh tests to prove employee injury. +Conrail employee Alan Carlisle also filed a FELA action against Conrail. He claimed that Conrail subjected him to unsafe working conditions, which caused him stress and lead to health problems. Because the stress related health problems were foreseeable to Conrail, the Third Circuit affirmed the judgment for Carlisle. +" +TEST_1165,Jose Angel Carachuri-Rosendo,"Eric Holder, Attorney General","Jose Angel Carachuri-Rosendo was admitted to the United States in 1993 and became a lawful permanent resident. In 2004, he pled guilty to misdemeanor possession of marijuana. One year later, he pled guilty to misdemeanor possession of Xanax, but was not tried as a recidivist. In 2006, Mr. Carachuri was notified that he was removable from the United States. He applied for removal cancellation, which was denied. The Board of Immigration Appeals affirmed the decision. +On appeal, the U.S. Court of Appeals for the Fifth Circuit affirmed, holding that Mr. Carachuri was ineligible for cancellation of removal. The court reasoned that because Mr. Carachuri's second drug conviction could have been punished as a felony under the Controlled Substances Abuse Act, had he been prosecuted in federal court, the conviction qualified as an ""aggravated felony"" making him ineligible for cancellation of removal. +" +TEST_1166,United States,Winstar Corporation,"During the savings and loan crisis of the 1980s, the Federal Home Loan Bank Board encouraged thrifts in good standing and outside investors to take over ailing thrifts in supervisory mergers. The Board agreed to permit acquiring entities to designate the excess of the purchase price over the fair value of identifiable assets as an intangible asset referred to as supervisory goodwill and to count such goodwill and certain capital credits toward the capital reserve requirements imposed by federal regulations. Subsequently, Congress's passage of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) forbade thrifts from counting goodwill and capital credits in computing the required reserves. Three thrifts, created through supervisory mergers who consequently ran into financial troubles, each filed suit against the United States for breach of contract. Agreeing with the thrifts, the District Court granted each summary judgment. The court rejected Government's arguments that surrenders of sovereign authority, such as the promise to refrain from regulatory changes, must appear in unmistakable terms in a contract in order to be enforceable and that a public and general sovereign act, such as FIRREA's alteration of capital reserve requirements, could not trigger contractual liability. The Court of Appeals affirmed. +" +TEST_1167,"Frank Pape, et al.","James Monroe, et al.","On October 29, 1958, thirteen police officers, including Frank Pape, arrived at James Monroe's Chicago apartment at 5:45 A.M. The officers broke down the door, forced Monroe and his wife to stand naked in their living room, and ransacked the apartment. Afterwards, James Monroe was escorted to police quarters and held for ten hours on ""open"" charges while he was interrogated about a murder. The police did not have a warrant for the search or the arrest, and refused Monroe permission to call his attorney. +Monroe brought a complaint against each of the Chicago police officers individually and against the City of Chicago. The City of Chicago moved to dismiss the complaint on the ground that it was not liable under the Civil Rights Act nor for acts committed in performance of governmental functions. All defendants moved to dismiss, arguing that there was no cause of action under the Civil Rights Acts. The district court dismissed the complaint. The United States Court of Appeals for the 7th Circuit affirmed the district court's dismissal. +" +TEST_1168,United States,James Rual Miller,"An indictment issued by a grand jury charged James Miller with fraud. The indictment alleged he conspired with a burglar and overstated the value of the stolen items so his insurer would pay him more in damages recovery. The prosecution presented evidence proving that Miller had overstated the value of the items but did not try to establish that he had conspired with the burglar. The jury found his overstatement of value sufficient to convict him of fraud. Miller argued that by convicting him despite the fact that the prosecutors only addressed part of the indictment, the jury violated his Fifth Amendment right to be tried only on a grand jury indictment. The United States Court of Appeals for the Ninth Circuit agreed and reversed his conviction. +" +TEST_1169,Manuel Jose Lozano,Diana Lucia Montoya Alvarez,"Diana Alvarez and Manuel Lozano, two native Columbians, met while living in London and had a daughter together. At trial Alvarez testified that, from 2005 until 2008, Lozano was abusing and threatening to rape her. Lozano denied these allegations and claimed that, although they had normal couple problems, they were generally ""very happy together."" In November 2008, Alvarez took the child and, after a stay at a women's shelter, moved to her sister's home in New York. A psychiatrist diagnosed the child with post-traumatic stress disorder (PTSD) caused by her experience living in the United Kingdom, moving to America, staying at a women's shelter, and knowing that her mother had been threatened. However, six months later, the child's condition drastically improved. +After Lozano exhausted all remedies within the UK to attempt to locate the child, on November 10, 2010, he filed a Petition for Return of Child under Article 2 of the Hague Convention and the International Child Abduction Remedies Act in U.S. district court. The district court held that the child was now settled in New York and that removing the child would cause undue harm. The U.S. Court of Appeals for the Second Circuit affirmed. +" +TEST_1170,Michael D. Loos,BNSF Railway Company,"Michael Loos worked as an employee of BNSF Railway Company until his termination in November 2012 for a series of attendance policy violations. Related to at least some of the attendance violations was an injury Loos sustained in 2010 when he fell in the train yard. After being terminated, Loos brought two claims against his former employer: a claim of retaliation under the Federal Railroad Safety Act (FRSA) and a claim of negligence under the Federal Employers Liability Act (FELA). The district court found that Loos had not established a prima facie case of retaliation under FRSA and granted BNSF's motion for summary judgment on that claim, and the Eighth Circuit affirmed. +The FELA negligence claim proceeded to a jury trial, and the jury returned a verdict in favor of Loos—$30,000 for lost wages and $11,212.78 for medical expenses. BNSF moved under Federal Rule of Civil Procedure 59(e) to offset the lost wages award by the amount of Loos’s share of taxes owed under the RRTA. The district court denied the motion, finding no RRTA tax was owed on the award. The Eighth Circuit reviewed this determination de novo and found that the text of RRTA is unambiguous in not including damages for lost wages in its definition of compensation as money remuneration for services rendered. Thus, the Eighth Circuit affirmed the district court’s ruling using alternate reasoning. +  +" +TEST_1171,Myriad Genetics,Association for Molecular Pathology et al.,"The Association for Molecular Pathology along with several other medical associations, doctors and patients sued the United States Patent and Trademark Office (USPTO) and Myriad Genetics to challenge several patents related to human genetics. The patents cover the BRCA1 and BRCA2 genes and certain mutations that indicate a high risk of developing breast cancer. The suit also challenged several method patents covering diagnostic screening for the genes. Myriad argued that once a gene is isolated, and therefore distinguishable from other genes, it could be patented. By patenting the genes, Myriad had exclusive control over diagnostic testing and further scientific research for the BRCA genes. Petitioners argued that patenting those genes violated §101 the Patent Act because they were products of nature. They also argued that the patents limit scientific progress. §101 limits patents to ""any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."" +The district court granted summary judgment in favor of petitioners, holding that isolating a gene does not alter its naturally occurring fundamental qualities. The U.S. Court of Appeals for the Federal Circuit reversed, holding that isolated genes are chemically distinct from their natural state in the human body. In March 2012, Petitioners sought certiorari; the U.S. Supreme Court vacated the Federal Circuit judgment and remanded for further consideration in light of Mayo Collective Services v. Prometheus Laboratories. On remand, the Federal Circuit again upheld the patentability of the BRCA genes. +" +TEST_1172,The Dutra Group,Christopher Batterton,"Respondent Christopher Batterton was a deckhand on a vessel owned and operated by the the petitioner, Dutra Group. While Batterton was working on the vessel, a hatch cover blew open and crushed his hand. The hatch cover blew open because the vessel lacked a particular exhaust mechanism, the lack of which made the vessel unseaworthy as a matter of law. +The district court denied Dutra Group’s motion to strike the claim for punitive damages, and the US Court of Appeals for the Ninth Circuit affirmed.  +In Evich v. Morris, 819 F.2d 256 (9th Cir. 1987), the Ninth Circuit held that “punitive damages are available under general maritime law for claims of unseaworthiness,” as distinguished from Jones Act claims, where punitive damages are unavailable. Dutra Group argues that Evich is implicitly overruled by the US Supreme Court’s decision in Miles v. Apex Marine Corp., 498 U.S. 19 (1990), which holds that loss of society damages are unavailable in a general maritime action for wrongful death and lost future earnings are unavailable in a general maritime survival action. +The Ninth Circuit found unpersuasive Dutra Group’s argument, finding that the Court in Miles considered only damages for loss of society and of future earnings, not punitive damages. While Miles does limit recovery for “pecuniary loss,” punitive damages are not “pecuniary loss,” which means simply loss of money. Thus, Miles left undisturbed the Ninth Circuit’s opinion in Evich. +" +TEST_1173,Francis Haines,"Otto J. Kerner, former Governor of Illinois","Francis Haines was placed in solitary confinement for 15 days because he hit another inmate over the head with a shovel during a confrontation. Haines was 66 years old and suffered from a foot disability. He claimed his foot disability worsened due to being kept in solitary confinement, where he had to sleep on the floor with only blankets for support. Haines sued the State of Illinois and argued that the conditions of his solitary confinement violated the Due Process Clause of the Fourteenth Amendment and the Eighth Amendment’s prohibition against cruel and unusual punishment. The State of Illinois moved to dismiss the case on the grounds that Haines failed to state a cause of action. The district court granted the dismissal, and stated that courts can only intercede with the internal operations of state prisons under exceptional circumstances. The district court also found that Haines had failed to show that he had been deprived of his constitutional rights. The U.S. Court of Appeals for the Seventh Circuit upheld the dismissal and determined that state penitentiaries were entitled to their own discretion when punishing inmates. +" +TEST_1174,Michael Robert Pulido,"Anthony Hedgpeth, Warden","Michael Pulido was convicted of first-degree murder in a California state court for his involvement in the shooting of a gas station attendant during the course of a robbery. He claimed that he was only involved in the robbery after the shooting had taken place. On appeal, Mr. Pulido argued that the jury instructions were in error and allowed a jury to convict him as an accomplice in the robbery and murder, even if he only took part in the robbery. The California Supreme Court refused to overturn the conviction holding that the error was harmless because the jury had specifically found that Mr. Pulido aided the robbery during the murder. +Mr. Pulido sought and was granted habeas relief by a federal district court in California. On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed. It held that instructing a jury on multiple theories of guilt, one of which was legally improper, was ""structural error"" entitling Mr. Pulido to automatic relief and exempted the instructions from ""harmless-error"" review. +" +TEST_1175,"Mobil Oil Exploration & Producing Southeast, Inc.",United States,"In 1981, Mobil Oil Exploration & Producing Southeast, Inc. and Marathon Oil Co. both paid the Federal Government over $150 million in return for the rights to explore for and develop oil off the coast of North Carolina, provided that the companies received exploration and development permissions in accordance with the Outer Continental Shelf Lands Act (OCSLA), the Coastal Zone Management Act of 1972 (CZMA), and the regulations promulgated pursuant to OCSLA and CZMA. In 1990, the companies submitted an exploration plan, as required by OCSLA and CZMA, to the Department of the Interior for approval. Thereafter, the Outer Banks Protection Act (OBPA) became effective. The OBPA prevented the Secretary of the Interior from approving the exploration plan for at least 13 months. The state of North Carolina then objected to certification of the companies' plans under the CZMA. Before the Secretary of Commerce rejected Mobil's request to override North Carolina's objection, the companies filed a breach-of-contract lawsuit. In granting summary judgement for the companies, the Court of Federal Claims found that the Federal Government had broken its contractual promise to follow OCSLA's requirement to approve an exploration plan that satisfied OCSLA's requirements within 30 days of the plan's submission, which constituted the repudiation of the contract and entitled the companies to restitution of the payments. In reversing, the Court of Appeals concluded that the Federal Government's refusal to consider the companies' final exploration plan was not the operative cause of any failure to carry out the contracts' terms, because North Carolina's objection would have prevented the companies from exploring. +" +TEST_1176,Board of Comm'rs of Bryan Cty.,Brown,"Jill Brown brought a damages action against Bryan County alleging that that its Deputy Stacy Burns had arrested her with excessive force, and that it was liable for her injuries because its Sheriff B. J. Moore had hired Burns without adequately reviewing his background. Burns had pleaded guilty to various driving infractions and other misdemeanors, including assault and battery. Moore, whom the county stipulated was its Sheriff's Department policymaker, testified that he had obtained Burns' driving and criminal records, but had not closely reviewed either before hiring Burns. The District Court denied the county's motions for judgment as a matter of law, which asserted that a policymaker's single hiring decision could not give rise to municipal liability. Brown prevailed following a jury trial, and the Court of Appeals affirmed, holding that the county was properly found liable based on Moore's decision to hire Burns. +" +TEST_1177,Scheidler,"National Organization for Women, Inc.","The National Organization for Women (NOW) sued a coalition of anti-abortion groups called the Pro-Life Action Network (PLAN) under the Racketeer Influenced and Corrupt Organizations (RICO) Act. N.O.W. alleged that Scheidler and other anti-abortion protesters were members in a nationwide conspiracy to obstruct women's access to abortion clinics through a pattern of racketeering activity including the actual or implied threat of violence. The District Court dismissed the suit, holding that the voluntary contributions are not proceeds of racketeering and that a ""racketeering enterprise"" must have an economic motive, a fact that NOW could not demonstrate. The Court of Appeals affirmed and the Supreme Court granted certiorari. +" +TEST_1178,Apple Inc.,"Samsung Electronics Co., Ltd., et al.","In April 2011, Apple Inc. (Apple) sued Samsung Electronics, Co., Ltd. (Samsung) and argued that certain design elements of Samsung’s smartphones infringed on specific patents for design elements in the iPhone that Apple holds. The jury held that Samsung had infringed on Apple’s patents and awarded over $1 billion in damages. The district court ordered a partial retrial on the issue of damages because some damages had been awarded for a period in which Samsung did not have notice of some of the asserted patents. On retrial, the jury awarded nearly $300 million in damages. On appeal, Samsung argued that the district court erred in allowing the jury to award damages based on Samsung’s entire profits, rather than the fraction of profits directly attributable to the infringed patents themselves. The U.S. Court of Appeals for the Federal Circuit affirmed the district court’s award of damages because Samsung did not argue that there was a lack of substantial evidence to support the award. +" +TEST_1179,Robert James Tennard,"Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division","Robert Tennard was convicted of murder. During the sentencing phase, he presented evidence that he had an IQ of 67. The instructions given to the jury by the judge when it was considering whether to apply the death penalty, however, did not account for this - they instructed they jury to determine whether the crime was committed deliberately and whether Tennard posed a future risk. Under Penry v. Lynaugh, 492 U.S. 302, those instructions are not enough to allow the jury to weigh a defendant's mental retardation in his favor. After he was sentenced to death, Tennard filed a habeas corpus petition in federal district court, claiming that the sentence, given the shortcomings of the jury instructions, violated the Eighth Amendment's prohibition of Cruel and Unusual Punishment. The district court rejected the petition. The Fifth Circuit Court of Appeals affirmed, ruling that Tennard had no shown that his mental retardation was constitutionally relevant. To be constitutionally relevant, Tennard's retardation would have had to be responsible for his crime, and Tennard had not shown that this was the case. +After the Supreme Court decided, in Atkins v. Virginia, 536 U.S. 304, that executing the mentally retarded violated the Eighth Amendment, the Fifth Circuit reconsidered its holding. It affirmed the decision on the grounds that execution was only unconstitutional if the defendant could show that his mental retardation had actually caused the crime; being mentally retarded in and of itself did not exempt someone from the death penalty. +" +TEST_1180,"Mississippi Chemical Corporation, Costal Chemical Corp",United States,"Mississippi Chemical Corp. and Costal Chemical Corp. were “cooperate associations” within the meaning of the Agricultural Marketing Act. The associations qualified for membership in a “bank for Cooperatives”, which allowed them to borrow money. The Farm Credit Act of 1955 required that the associations buy Class “C” stocks valued at $100. The associations claimed a $99 interest deduction on their taxes for every stock purchased. When the Internal Revenue Service disallowed the deduction, the associations paid the deficiency and then sued for a refund. The district court found for the associations and the U.S. Court of Appeals for the Fifth Circuit affirmed. +" +TEST_1181,"Beaver County Employees' Retirement Fund, et. al.","Cyan, Inc., et. al.","Since the enactment of the Securities Act of 1933, state courts have had concurrent jurisdiction to decide federal law claims brought under that statute. Congress then passed the Securities Litigation Uniform Standards Act of 1998, which precluded certain state law securities class actions, and amended the 1933 Act to reflect that limitation on state court claims. +Beaver County Employees' Retirement Fund filed a lawsuit in a California superior court asserting claims under the 1933 Act. Cyan Inc. moved to dismiss the claims, arguing that the amended 1933 Act precluded state courts from exercising subject matter jurisdiction over 1933 Act claims entirely. The superior court rejected Cyan's objection to the exercise of jurisdiction. Federal district courts are split as to whether state courts have subject matter jurisdiction over covered class actions that allege only 1933 Act claims. +" +TEST_1182,"Phyllis Ball, et al.","School District of the City of Grand Rapids, et al.","In the 1976-1977 school year, the school district of Grand Rapids, Michigan, adopted two programs, Shared Time and Community Education, that provided secular classes to private school students at public expense. The Shared Time program offered classes during the school day that were intended to “supplement the core curriculum” of the private schools. The Shared Time teachers were full-time public school teachers, and many had previously worked in private schools. The Community Education program was offered for children and adults at many different sites, but the classes at issue took place after the school day in private elementary schools. The Community Education teachers were part-time public school employees, and many also held jobs at private schools. The classrooms for both programs were leased from the private schools. The vast majority of the participating private schools were religious, and there was no evidence that a public school student ever attended a Shared Time or Community Education class held in a private school. + Six taxpayers filed suit against the school district and state officials and alleged that they violated the Establishment Clause of the First Amendment by using public funds to pay for private (and religious) education. The district court applied the Lemon test and determined that, although the aim was secular, the effect of the programs conferred benefits to religious institutions and entangled the affairs of church and state. The United States Court of Appeals for the Sixth Circuit affirmed. +" +TEST_1183,United States,John A. Rapanos et ux. et al.,"John Rapanos sought to fill in three wetland areas on his property in order to build a shopping center. Rapanos ignored warnings from the Michigan Department of Environmental Quality that the area was protected wetlands under the Clean Water Act (CWA). The CWA allows the government to regulate the discharge of any pollutant (including dirt or sand) into ""navigable waters,"" which the Act defines as ""the waters of the United States."" Under regulations issued by the Army Corps of Engineers (Corps), wetlands are covered by the CWA as long as they are adjacent to traditionally navigable waters or tributaries of such waters. After Rapanos also ignored cease-and-desist orders from the U.S. Environmental Protection Agency, the government brought a civil suit against him. Rapanos argued before the District Court that the CWA gives the government jurisdiction to regulate only traditionally navigable waters. The government countered that Rapanos's lands were covered by the CWA as ""adjacent wetlands"" under the Corps's interpretation of the Act; the sites drained into man-made drains which eventually emptied into navigable rivers and lakes. The District Court rejected Rapanos's argument and upheld the Corps's regulations including the wetlands as ""waters of the United States."" The Sixth Circuit Court of Appeals affirmed, holding that the ""hydrological connection"" of the wetlands to the navigable waters qualifies them as ""waters of the United States"" under the Act. +The Carabells sought to fill in a wetland on their property in order to build a condominium, but were denied a permit because the wetland was protected under the Clean Water Act (CWA). The CWA allows the government to regulate the discharge of any pollutant (including dirt or sand) into ""navigable waters,"" which the Act defines as ""the waters of the United States."" Under regulations issued by the Army Corps of Engineers (Corps), wetlands are covered by the CWA as long as they are adjacent to traditionally navigable waters or tributaries of such waters. Carabell's site is separated from a nearby ditch by a 4-foot-wide berm (earthen barrier), but the Corps's regulations specify that the wetland is nevertheless adjacent to the waterway. The ditch empties into another ditch, which in turn empties into a creek and ultimately into Lake St. Clair, a navigable water. After exhausting administrative appeals, Carabell sued in District Court. Carabell argued that the government lacked jurisdiction under the CWA to regulate the relatively isolated wetland as part of the ""waters of the United States."" The District Court disagreed, and upheld the Corps's expansive interpretation of the CWA. On appeal, the Sixth Circuit Court of Appeals also ruled for the Corps, holding that as long as wetlands are ""adjacent"" to tributaries of traditionally navigable waters and share a ""significant nexus"" with such waters, the wetlands qualify as ""waters of the United States"" for purposes of the CWA. +" +TEST_1184,School Board of Nassau County,Gene Arline,"Gene Arline could no longer teach elementary school because she had tuberculosis, a contagious disease. The superintendent of schools in Nassau County, Florida dismissed her after it became clear that her illness was recurrent. The school system did not grant her financial relief. Arline claimed in a federal district court that this violated Section 504 of the Rehabilitation Act of 1973, which prohibits state-funded programs from denying relief to applicants solely because they are handicapped. The school conceded it dismissed her solely because of her illness, but contended that a contagious disease like tuberculosis did not qualify her as handicapped. The court ruled that the Act did not define contagious illnesses as handicaps, but the United States Court of Appeals for the Eleventh Circuit reversed. It found that Arline was ""otherwise qualified"" to teach except for her illness, and ruled that this qualified her for handicapped benefits. +" +TEST_1185,"A Book Named ""John Cleland's Memoirs of a Woman of Pleasure""",Attorney General of Massachusetts,"A special provision of Massachusetts law allowed the Attorney General to initiate legal proceedings against an ""obscene"" book, Memoirs of a Woman of Pleasure. The book, also known as Fanny Hill, was written by John Cleland in about 1750. Massachusetts courts, despite the defenses put forward by the book's publisher and copyright holder, judged the work to be obscene. +" +TEST_1186,Klehr,A. O. Smith Corp. et al.,"Marvin Klehr purchased inadequate cattle feed containers from A. O. Smith Harvestore Products, Inc. (Harvestore) in 1974. Over a long period of time, the containers damaged Klehr's cattle feed. In 1993, Klehr filed a civil claim against Harvestore under the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO). The District Court dismissed Klehr's suit, ruling that the four-year time limit for bringing a civil RICO suit had expired. Klehr claimed that he was not at fault for failing to discover the injury within four years, because Harvestore purposely designed the containers to conceal their inadequacy. +The U.S. Court of Appeals for the Eighth Circuit upheld the lower court. The Eighth Circuit held that Klehr should have discovered the pattern of racketeering activity much earlier. Since the statute of limitations began from the time Klehr could reasonably be expected to have discovered the pattern, Klehr was out of time. The Eighth Circuit's ""pattern of activity"" rule contradicted the Third Circuit's ""last predicate act"" rule, which allows a plaintiff to recover damages accumulated since the first injury as long as the last RICO violation (""last predicate act"") happened within four years of the lawsuit. +" +TEST_1187,Hobbie,Unemployment Appeals Comm'n of Florida,"Paula Hobbie worked for Lawton and Company, a Florida jewelry shop. She joined the Seventh-day Adventist Church and informed her employer that she could not work from sundown on Friday to sundown on Saturday since it was her new church's Sabbath day. Lawton soon dismissed her for refusing to work Friday evening and Saturday shifts. Hobbie filed for unemployment compensation with the Florida Department of Labor and Employment Security. Lawton objected to paying benefits, claiming that she did qualify since she had been dismissed ""for misconduct connected with her work."" The Bureau of Unemployment Compensation agreed and denied her benefits. Hobbie claimed that this violated the Free Exercise Clause of the First Amendment. She unsuccessfully appealed the decision in the Florida Fifth District Court of Appeal. +" +TEST_1188,Vijayakumar Thuraissigiam,"Department of Homeland Security, et al.","Vijayakumar Thuraissigiam is a native and citizen of Sri Lanka and a Tamil, an ethnic minority group in Sri Lanka. Thuraissigiam entered the United States via its southern border, and Customs and Border Protection (CBP) officers arrested him and placed him in expedited removal proceedings. Thuraissigiam indicated a fear of persecution in Sri Lanka, but an asylum officer determined he had not established a credible fear of persecution and referred him for removal. A supervisor affirmed the officer’s finding, and an immigration judge affirmed it as well in a check-box decision. +Thuraissigiam filed a habeas petition in federal district court, arguing that his expedited removal order violated his statutory, regulatory, and constitutional rights. The district court dismissed the petition for lack of subject matter jurisdiction, concluding that 8 U.S.C. § 1252(e) did not authorize jurisdiction over Thuraissigiam’s claims and rejecting his argument that the removal process to which he was subjected effectively suspended the writ of habeas corpus, in violation of the Suspension Clause. +A panel of the U.S. Court of Appeals for the Ninth Circuit reversed the district court. Because the administrative scheme governing credible fear determinations in this context is “meager,” and § 1252(a)(2) disallows judicial review of whether DHS complied with the procedures, the process does not meet minimum constitutional requirements. +" +TEST_1189,County of Allegheny,"American Civil Liberties Union, Greater Pittsburgh Chapter","Two public-sponsored holiday displays in Pittsburgh, Pennsylvania, were challenged by the American Civil Liberties Union. The first display involved a Christian nativity scene inside the Allegheny County Courthouse. The second display was a large Chanukah menorah, erected each year by the Chabad Jewish organization, outside the City-County building. The ACLU claimed the displays constituted state endorsement of religion. This case was decided together with Chabad v. ACLU and City of Pittsburgh v. ACLU of Greater Pittsburgh. +" +TEST_1190,"Fox Television Stations, Inc., et al.","Federal Communications Commission, et al.","In 2004, the Federal Communications Commission said that TV stations could be fined for indecency violations in cases when a vulgarity was broadcast during a live program. That happened on Fox in 2002 and 2003 when Cher and Nicole Richie cursed during award shows and were not bleeped.
 The FCC never actually fined Fox, but the network took issue with the regulatory agency setting the stage for future fines and challenged the fleeting-expletive rules. The U.S. Court of Appeals for the Second Circuit ruled that the FCC's rules were ""unconstitutionally vague"" and had a ""chilling effect."" +" +TEST_1191,"Felix P. Camacho, Governor of Guam","Alicia G. Limtiaco, Attorney General of Guam","Governor Camacho of Guam sought to borrow over $400 million through the issuance of bonds. Guam Attorney General Moylan argued that the bond issuance violated the Guam Organic Act, a federal law governing the Territory of Guam. The Organic Act sets the limit for government borrowing to 10% of the ""aggregate tax valuation of the property on Guam."" The Governor asked the Supreme Court of Guam for a decision on the disputed text. The Guam legislature had interpreted the phrase ""aggregate tax valuation"" to mean the assessed value of property on Guam for purposes of taxation. However, the Guam Supreme Court declined to follow the legislature's interpretation and ruled that the ""aggregate tax valuation"" was equivalent to the full appraised value of property on Guam. Under that interpretation, the debt-limit would be about $1.1 billion. +The Attorney General appealed to the U.S. Court of Appeals for the Ninth Circuit. While the case was pending, Congress passed a law allowing parties to appeal directly from the Guam Supreme Court to the U.S. Supreme Court. When the Ninth Circuit declined to hear the case, Moylan appealed to the Supreme Court. Normally parties must seek Supreme Court review within 90 days of a lower court's decision, but the case had been pending before the Ninth Circuit for two years. The Supreme Court directed the parties to argue the question of whether the time the case was pending before the Ninth Circuit counted toward the time limit. +" +TEST_1192,Cunningham,Hamilton County,"Teresa L. Cunningham, an attorney representing a plaintiff, was served with a request for interrogatories and documents with responses due within 30 days after service. Cunningham failed to comply with those discovery orders, and a Magistrate Judge granted Hamilton County's motion for sanctions against her under Federal Rule of Civil Procedure 37(a)(4). The District Court affirmed the Magistrate Judge's order for sanctions. The court also disqualified Cunningham as counsel. Although the District Court proceedings were ongoing, Cunningham immediately appealed the order affirming the sanctions award. The Court of Appeals dismissed the case for lack of jurisdiction because federal appellate court jurisdiction is ordinarily limited to appeals from ""final decisions of the district courts."" The court also held that the sanctions order was not immediately appealable under the collateral order doctrine, which provides that certain orders may be appealed, notwithstanding the absence of final judgment, because Cunningham's appeal was not completely separate from the merits of the case. +" +TEST_1193,"North Dakota by and through its Tax Commissioner, Heitkamp",Quill Corporation,"Through its Tax Commissioner, the state of North Dakota filed an action in state court to force the Quill Corporation, an out-of-state mail-order office equipment retailer, to charge a North Dakota use tax on Quill merchandise to be used within the state. The state court ruled in favor of Quill, grounding its decision on Bellas Hess, Inc. v. Department of Revenue of Illinois, 386 U.S. 753. In this 1967 case, the United States Supreme Court found a similar Illinois statute to be in violation of both the Due Process Clause of the Fourteenth Amendment and the Commerce Clause of the United States Constitution. The North Dakota Supreme Court reversed, basing its decision on a rejection of Bellas Hess in light of the ""tremendous social, economic, commercial, and legal innovations"" since it had been decided. +" +TEST_1194,United States,Brockamp,"Stanley B. McGill, whose estate is administrated by Marion Brockamp, paid the Internal Revenue Service money he did not owe. McGill, or his representative, submitted an administrative refund claim several years past the end of the applicable filing period set forth in the Internal Revenue Code of 1986. McGill asked the court to extend the statutory period for an ""equitable"" reason, namely that he had a mental disability that caused the delay. Although such a reason is not mentioned in the Internal Revenue Code, the Court of Appeals read the statute as if it contained an implied ""equitable tolling"" exception, which the court found justified, and therefore permitted the actions to proceed. +" +TEST_1195,Scott,Pennsylvania Bd. of Probation and Parole,"In granting Keith M. Scott parole, the Pennsylvania Board of Probation and Parole (the ""Board""), stipulated that he refrain from owning or possessing weapons. When officers learned that Scott may be in possession of weapons, they searched his home and found a bow and arrow and some firearms. Despite objecting at his parole violation hearing that the search was unconstitutional, the seized weapons were admitted as evidence and Scott was ultimately recommitted. On appeal, the Commonwealth Court of Pennsylvania affirmed Scott's challenge to the search and the Pennsylvania Supreme Court sustained the decision. The Supreme Court granted the Board certiorari. +" +TEST_1196,United States,Richardson,"Richardson, a taxpayer interested in activities of the Central Intelligence Agency, sued the government to provide records detailing the CIA's expenditures. +" +TEST_1197,Franchise Tax Board of California,Gilbert P. Hyatt,"Throughout the 1990s, inventor Gilbert P. Hyatt was involved in litigation with the Franchise Tax Board of California (FTB) based on the FTB’s audits of his 1991 and 1992 tax returns. The FTB claimed that Hyatt had falsified his tax forms by manufacturing a move to Nevada that did not occur until later and therefore failing to file state taxes for time that he was actually living in California. Hyatt protested that the FTB acted in bad faith and eventually sued the FTB in Nevada alleging negligence along with several intentional torts and seeking damages. Before the case went to trial, the FTB argued that it should be immune from the lawsuit based on California law that granted it sovereign immunity. The case eventually went before the U.S. Supreme Court, which held that Nevada courts were not bound to grant the FTB full immunity. +At trial, the jury found in favor of Hyatt and awarded him over $300 million in damages. The parties cross-appealed to the Supreme Court of Nevada, which held that the FTB is not immune from the suit because in Nevada governmental entities are not immune from claims for intentional torts. However, because Nevada law does not allow punitive damages against governmental entities, the punitive damage award in this case should be reversed. +  +" +TEST_1198,Oklahoma et al. ,Choctaw Nation,"Through several treaties, the United States granted the Choctaw and Cherokee Nations several million acres of land in what is now Oklahoma. The Cherokee Nation sued the State of Oklahoma and several corporations for leasing gas, oil, and mineral rights to the river beds of the Arkansas River within that land. The Choctaw Nation was allowed to intervene to claim that the riverbeds of Arkansas River within their land grant belonged to them. The district court ruled against the Indian Nations, holding that the land grant did not convey rights to the river beds. The U.S. Court of Appeals for the Tenth Circuit affirmed. +" +TEST_1199,"Federal Communications Commission, et al.","Fox Television Stations, Inc., et al.","In 2004, the Federal Communications Commission said that TV stations could be fined for indecency violations in cases when a vulgarity was broadcast during a live program. That happened on Fox in 2002 and 2003 when Cher and Nicole Richie cursed during award shows and were not bleeped.
 The FCC never actually fined Fox, but the network took issue with the regulatory agency setting the stage for future fines and challenged the fleeting-expletive rules. The U.S. Court of Appeals for the Second Circuit ruled that the FCC's rules were ""unconstitutionally vague"" and had a ""chilling effect."" +" +TEST_1200,"Johnnie L. Cochran, Jr.","Ulysses Tory, et al.","Johnnie Cochran sued his former client Ulysses Tory in a California court for making defaming statements. Tory had tried to force Cochran to pay him money in exchange for desisting, Cochran argued. A judge agreed and ordered Tory to never talk about Cochran again. Tory appealed unsuccessfully in state court, arguing the order violated his First Amendment right to free speech. The U.S. Supreme Court agreed to hear the case. Cochran died one week after oral argument. +" +TEST_1201,Shaidon Blake,Michael Ross,"On June 21, 2007, Lieutenants Michael Ross and James Madigan were escorting Shaidon Blake from his cell when Madigan shoved Blake several times. The incident escalated to Madigan punching Blake in the face several times with a key ring wrapped around his fingers while Ross held him. Blake was then taken to the medical unit and later diagnosed with nerve damage. Blake reported the incident to senior corrections officers, and the Internal Investigative Unit of the Maryland Department of Public Safety and Correctional Services conducted an investigation and issued a formal report. The formal report determined that Madigan had used excessive force against Blake and that Blake was not at fault in any way. Blake subsequently sued Ross and Madigan in addition to two supervisors and three government entities under 42 U.S.C. § 1983 and argued that they violated his constitutional rights by using excessive force. +Nearly two years after Blake initially filed the suit, Ross filed an amended answer to the complaint that alleged that Blake had failed to exhaust his administrative remedies as the Prison Litigation Reform Act (PLRA) required. Ross also moved for summary judgment based on the same argument, and the district court granted the motion. The U.S. Court of Appeals for the Fourth Circuit reversed and held that the “special circumstances” exception to the PLRA’s exhaustion requirement was met in this case. Because the internal investigation provided the correction officials time and opportunity to address the complaints internally and Blake reasonably believed that he had exhausted his administrative remedies by participating in an internal investigation, the requirements for the “special circumstances” exception to the PLRA were met. +" +TEST_1202,Steven Lefemine dba Columbia Christians for Life,Dan Wideman et al.,"Steven Lefemine and Members of the Columbia Christians for Life engaged in pro life demonstrations where they carry posters featuring graphic pictures of aborted fetuses. During a protest in Greenwood, South Carolina, police officers told Lefemine that he would be ticketed for a breach of the peace if he did not discard the posters. Lefemine objected, arguing that the police officers were infringing on his First Amendment right to free speech, but he eventually disbanded the group. A year later, Lefemines attorney sent a letter to Dan Wideman, sheriff of Greenwood County, informing him that the group would be protesting again on the same site with the posters. The police reiterated that they would ticket the group if they showed up with the offending posters. The group decided not to protest, but two years later Lefamine filed a complaint alleging First Amendment violations and seeking nominal damages, a declaratory judgment, a permanent injunction, and attorneys fees. +Under the Civil Rights Attorney Fees Act the prevailing party in a suit may recover attorney fees from the opposing party. The district court issued a permanent injunction against the police officers, but declined to award money damages. The court also denied attorney fees, holding that attorney fees were not warranted. The U.S. Court of Appeals for the Fourth Circuit affirmed, holding that Lefemine was not a prevailing party under the Act. The court reasoned that the injunction did not alter the relative positions of the parties, so no party actually prevailed. +" +TEST_1203,Slaton,Paris Adult Theatre I,"State officials in Georgia sought to enjoin the showing of allegedly obscene films at the Paris Adult Theatre. The Theatre clearly warned potential viewers of the sexual nature of the films and required that patrons be at least 21 years of age. The Georgia Supreme Court held that the films were ""hard core"" pornography unprotected by the Constitution. +" +TEST_1204,John Cunningham,California,"John Cunningham, a former police officer, was convicted of continuous sexual abuse of his young son. Under California's Determinate Sentencing Law, the trial judge can choose between three possible sentences for a given crime: a minimum, medium, and maximum sentence. Judges normally hand down the medium sentence unless there are special circumstances. In Cunningham's case, the judge found six aggravating factors, and sentenced him to the maximum 16-year sentence. However, in determining some of the aggravating factors the judge relied on evidence not considered by the jury. +Cunningham appealed his sentence, arguing that the judge's discretion was a violation of Cunningham's right to a trial by jury. In Blakely v. Washington, the Supreme Court had ruled that for the right to a jury trial to be effective, any fact which increases a sentence ""beyond the prescribed statutory maximum"" must be proved before the jury. Cunningham argued that the judge can consider only factors determined by the jury when deciding which sentence to impose. +A California Court of Appeal disagreed and upheld the sentence, ruling that the judge had merely handed down the maximum sentence prescribed by the statute. The California Supreme Court denied Cunningham's appeal, but the U.S. Supreme Court agreed to hear the case. +" +TEST_1205,Sweet Home Chapter Of Communities For A Great Oregon et al.,"Babbitt, Secretary Of Interior, et al.","The Endangered Species Act requires that no person ""take"" an endangered or threatened species. The Act defines take as ""harass, harm, pursue,"" ""wound,"" or ""kill."" The Secretary of the Interior further characterizes ""harm"" as including ""significant habitat modification or degradation where it actually kills or injures wildlife."" Several persons within forestry industries sued the Secretary, asserting that Congress did not intend for the regulation to include changes in habitat. The District Court found for the Secretary of the Interior. +The Court of Appeals reversed on the basis of noscitur a sociis, which means that the meaning of words is determined by the words around it. Thus, ""harm"" could only include actions applying direct force to the animal. +" +TEST_1206,Gault,Arizona,"Gerald Francis Gault, fifteen years old, was taken into custody for allegedly making an obscene phone call. Gault had previously been placed on probation. The police did not leave notice with Gault's parents, who were at work, when the youth was arrested. After proceedings before a juvenile court judge, Gault was committed to the State Industrial School until he reached the age of 21. +" +TEST_1207,United States,"Home Concrete & Supply, LLC, et al.","Plaintiffs Stephen R. Chandler and Robert L. Pierce were the sole shareholders of Home Oil and Coal Company, Inc. In 1999, Pierce contemplated selling his share of the business and sought professional advice in an effort to minimize tax liability generated by the sale of his interest in Home Oil. Each of the taxpayers initiated short sales of United States Treasury Bonds for $7,472,405. They then transferred the proceeds from that sale to Home Concrete as capital contributions. Home Concrete then closed the short sales by purchasing and returning essentially identical Treasury Bonds on the open market for $7,359,043. This transaction created ""outside basis,"" or how much the partner's investment was worth according to tax rules, equal to the amount of the proceeds the taxpayers contributed. +Home Oil then transferred its assets to Home Concrete as a capital contribution. The taxpayers (except Home Oil) then transferred percentages of their partnership interests in Home Concrete to Home Oil as capital contributions. Home Concrete then sold substantially all of its assets to a third party purchaser for $10,623,348. The taxpayers timely filed their tax returns for 1999 in April 2000. Home Concrete elected to step-up its inside basis, or the amount that the partnership tax records compute for each partner, to equal the taxpayers' outside basis. Home Concrete again adjusted its inside basis to $10,527,250.53, including the amount of short sale proceeds earlier contributed by the taxpayers. As a result Home Concrete reported a $69,125.08 gain from the sale of its assets. +The IRS did not investigate until June 2003. As a result of their investigation, the IRS determined that the partnership was formed ""solely for the purposes of tax avoidance by artificially overstating basis in the partnership interests of its purported partners."" On September 7, 2006 the IRS issued a Final Partnership Administrative Adjustment (FPAA), in which they decreased to zero the taxpayers' reported outside bases in Home Concrete. This substantially increased the taxpayers' taxable income. Plaintiff taxpayers brought action against Internal Revenue Service (IRS) seeking to recover the increase. +As a general matter, the Internal Revenue Service (IRS) has three years to assess additional tax if the agency believes that the taxpayer's return has understated the amount of tax owed. That period is extended to six years, however, if the taxpayer omits from gross income an amount which is in excess of 25 percent of the amount of gross income stated in the taxpayer's return. During the trial the Treasury Department passed a regulation stating that the six-year period for assessing tax remains open for ""all taxable years… that are the subject of any case pending before any court of competent jurisdiction… in which a decision had not become final."" The U.S. Court of Appeals for the Fourth Circuit disagreed and found in favor of the plaintiffs. +" +TEST_1208,"North Carolina, et al.","Sandra Little Covington, et al.","In 2011, the North Carolina General Assembly redrew state legislative districts in response to changes in population recorded in the 2010 Census. In May 2015, several North Carolina citizens sued North Carolina in federal district court and argued that 28 majority-black districts under the new districting plan were unconstitutional racial gerrymanders. The district court found in favor of the plaintiffs in August 2016 and held that race had been the predominant factor in redrawing the districts at issue. The court did not require changes to the districts in the short time before the November 2016 election but did order the General Assembly to redraw the map prior to holding any other elections. Three months later, the court put in place a remedial order that set a March 2017 deadline for the redrawing of the districts, required that any legislator elected in 2016 from a later-modified district serve only a one-year term, and ordered special elections take place in the fall of 2017. North Carolina appealed the remedial order to the U.S. Supreme Court. +" +TEST_1209,Snepp,United States,"Upon accepting employment in the CIA in 1968, Snepp signed an agreement with the Agency that he would not publish any information during or after his term of employment relating to the Agency's activities without first obtaining Agency approval. Snepp published a book about CIA activities in South Vietnam without first submitting his manuscript to the Agency for review. A lower court denied Snepp royalties from his book for his failure to secure approval. +" +TEST_1210,Lucas,Forty-Fourth General Assembly of Colorado,"Acting on behalf of several voters in the Denver area, Andres Lucas sued various officials connected with Colorado's elections challenging the apportionment of seats in both houses of the Colorado General Assembly. Under Colorado's apportionment plan, the House of Representatives was apportioned on the basis of population but the apportionment of the Senate was based on a combination of population and other factors (geography, compactness and contiguity, accessibility, natural boundaries, and conformity to historical divisions). Consequently, counties with only about one-third of the State's total population would elect a majority of the Senate; the maximum population-variance ratio would be about 3.6-to-1; and the chief metropolitan areas, with over two-thirds of the State's population, could elect only a bare majority of the Senate. When a three-judge District Court upheld the plan, stressing its recent approval by the electorate, the Supreme Court granted Lucas certiorari. +" +TEST_1211,"Atkinson Trading Company, Inc.",Shirley,"Atkinson Trading Company, Inc. owns the Cameron Trading Post, which is located on non-Indian fee land within the Navajo Nation Reservation. The Cameron Trading Post consists of a hotel, restaurant, cafeteria, gallery, curio shop, retail store, and recreational vehicle facility. In 1992, the Navajo Nation enacted a hotel occupancy tax, which imposed an 8 percent tax upon any hotel room located within the exterior boundaries of the reservation. Atkinson challenged the tax under Montana v. United States. Under Montana, with two limited exceptions, Indian tribes lack civil authority over the conduct of nonmembers on non-Indian land within a reservation. The District Court upheld that tax. In affirming, the Court of Appeals concluded that the tax fell under Montana's first exception because a ""consensual relationship exists in that the nonmember guests could refrain from the privilege of lodging within the confines of the Navajo Reservation and therefore remain free from liability for the [tax]."" +" +TEST_1212,Roe,Saenz,"Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), states receiving Temporary Assistance to Needy Families (TANF) can pay the benefit amount of another State's TANF program to residents who have lived in the State for less than 12 months. When California announced it would enforce this option, Brenda Roe brought this class action, on behalf of other first year residents, challenging the constitutionality of the durational residency requirement. On appeal from successive adverse rulings in the lower courts, the Supreme Court granted Rita Saenz, the Director of California's Department of Social Services, certiorari. +" +TEST_1213,"Seward School Board, et al.","James A. Watts, et al.","James A. Watts, a schoolteacher in Alaska, held private conversations with other teachers to obtain their support to remove the superintendent from his position. His further language included words to the effect of ‘we are unable to get rid of the superintendent, so let’s get rid of the school board.’ The Seward School Board considered Watts' conduct to be “immoral,” defined as “conduct of the person tending to bring the individual concerned or the teaching profession into public disgrace or disrespect” under the relevant Alaska statute, so Watts was dismissed from his teaching job. +Watts' dismissal was upheld in both the Alaska Superior Court and the Alaska Supreme Court. The Alaska Supreme Court held that Watts' conduct “had a tendency to bring the teaching profession into public disgrace or disrespect.” Watts then filed a petition for a writ of certiorari and argued that his dismissal violated his First Amendment right because the school board was attempting to limit his freedom of political speech. He also argued a violation of his Fourteenth Amendment right because he should have the same equal protection for expression as any other private individual. After Watts filed his petition, Alaska amended the relevant state statute to reflect the rights of teachers to comment and criticize school administrators just as any private individual would have the right to do. Under the amended statute, Watts would not have been dismissed from his job. +" +TEST_1214,Federal Trade Commission,California Dental Association,"The California Dental Association (CDA), a nonprofit association of local dental societies, provides its members with insurance and financing arrangements, and engages in lobbying, litigation, marketing, and public relations for members' benefit. Members agree to abide by the CDA's Code of Ethics, which prohibits false or misleading advertising. The Federal Trade Commission (FTC) brought a complaint against the CDA, alleging that the CDA's guidelines restricted two types of truthful, non-deceptive advertising: price advertising and advertising relating to the quality of dental services and therefore had violated section 5 of the Federal Trade Commission Act (FTC Act). An Administrative Law Judge (ALJ) held that the FTC had jurisdiction over the CDA and found a violation of section 5 of the FTC Act. The FTC adopted most of the ALJ's factual findings and held that the price advertising, as well as the non-price, restrictions were violations of the Sherman and FTC Acts under an abbreviated rule-of-reason analysis. In affirming, the Court of Appeals sustain the FTC's jurisdiction and concluded that an abbreviated rule-of-reason analysis was proper in this case. +" +TEST_1215,Matthew R. Descamps,United States,"On September 13, 2007, a jury found Matthew R. Descamps guilty of felony possession of a firearm and ammunition. Descamps already had five previous felony convictions. Under the Armed Career Criminal Act (""ACCA""), criminals with three prior convictions for violent felonies must receive a minimum sentence of 15 years for any subsequent felony conviction. The ACCA defines a violent felony as any crime involving threatened use of physical force—or burglary—and punishable by imprisonment for a term exceeding one year. The United States District Court for the Eastern District of Washington concluded that Descamps' prior convictions of robbery, burglary, and felony harassment constituted three predicate violent felonies under the ACCA. Subsequently, the district court sentenced Descamps to 262 months in custody with 5 years of supervised release. +Descamps appealed his sentence to the United States Court of Appeals for the Ninth Circuit, arguing that all prior convictions used to enhance a sentence under the ACCA must be charged in the indictment and submitted to a jury. A judge may only increase the sentence if the three prior convictions are proved beyond a reasonable doubt. The appellate court disagreed and affirmed the sentence. +" +TEST_1216,"Board of County Commissioners, Wabaunsee County, Kansas",Umbehr,"Umbehr was an independent trash-hauling contractor for Wabaunsee County, Kansas. He frequently criticized the County's Board of Commissioners (the Board). When the Board voted to terminate his contract, supposedly because the Board grew tired of his constant criticisms, Umbehr filed suit against two of the Board's members. Umbehr alleged that his termination resulted from his criticisms of the Board and, therefore, infringed on his First Amendment right to freedom of speech. On appeal from the District Court's grant of summary judgment to the Board, the Tenth Circuit reversed and the Supreme Court granted Umbehr's petition for certiorari. +" +TEST_1217,"Department of Homeland Security, et al.",Vijayakumar Thuraissigiam,"Vijayakumar Thuraissigiam is a native and citizen of Sri Lanka and a Tamil, an ethnic minority group in Sri Lanka. Thuraissigiam entered the United States via its southern border, and Customs and Border Protection (CBP) officers arrested him and placed him in expedited removal proceedings. Thuraissigiam indicated a fear of persecution in Sri Lanka, but an asylum officer determined he had not established a credible fear of persecution and referred him for removal. A supervisor affirmed the officer’s finding, and an immigration judge affirmed it as well in a check-box decision. +Thuraissigiam filed a habeas petition in federal district court, arguing that his expedited removal order violated his statutory, regulatory, and constitutional rights. The district court dismissed the petition for lack of subject matter jurisdiction, concluding that 8 U.S.C. § 1252(e) did not authorize jurisdiction over Thuraissigiam’s claims and rejecting his argument that the removal process to which he was subjected effectively suspended the writ of habeas corpus, in violation of the Suspension Clause. +A panel of the U.S. Court of Appeals for the Ninth Circuit reversed the district court. Because the administrative scheme governing credible fear determinations in this context is “meager,” and § 1252(a)(2) disallows judicial review of whether DHS complied with the procedures, the process does not meet minimum constitutional requirements. +" +TEST_1218,"Doris Albrecht, et al.",Merck Sharp & Dohme Corp.,"Beginning in 2010, hundreds of plaintiffs around the country filed personal injury lawsuits against drug manufacturer Merck Sharp & Dohme (“Merck”), claiming that the osteoporosis drug Fosamax had caused them to suffer severe thigh bone fractures. Under state tort law, each plaintiff alleged, among other things, that Merck’s Food and Drug Administration (FDA)-approved drug label failed to include an adequate warning regarding the risk of femur fractures. +In 2011 the cases were consolidated as a multi-district litigation action in the U.S. District Court for the District of New Jersey. The cases subsequently grew to include over 1,000 plaintiffs. After discovery and a bellwether trial, the district court ruled in favor of Merck on a summary judgment motion, dismissing all of the plaintiffs’ claims on the basis that they were preempted by federal law under Wyeth v. Levine, 555 U.S. 555 (2009), which held that state-law failure-to-warn claims are preempted in the event that there is “clear evidence” that the FDA would not have approved the warning that a plaintiff claims was necessary. +The U.S. Court of Appeals for the Third Circuit vacated and remanded the district court’s ruling, holding that preemption was an affirmative defense, and that Merck had not sufficiently proven that it was entitled to that defense as a matter of law. Under Wyeth’s demanding “clear evidence” standard, the appellate court found that the plaintiffs had produced adequate evidence for a reasonable jury to find that the FDA would have approved an appropriately worded warning about the risk of femur fractures, or at least that the chances of FDA rejection were not highly probable. Pursuant to Wyeth and Federal Rule of Civil Procedure 56, this showing was sufficient to defeat summary judgment and move forward to trial. +" +TEST_1219,Office of Hawaiian Affairs,State of Hawaii,"The Office of Hawaiian Affairs (OHA), filed suit against the state of Hawaii to prevent the transfer of ""ceded"" lands for the purpose of private development. The OHA was established to manage the proceeds from lands ceded by the Kingdom of Hawaii following its overthrow by the United States. The lands were marked to provide for the benefit of native Hawaiians. The OHA argued that ""any transfer of ceded lands by the State to third parties would amount to a breach of trust"" and would be without consideration of the claims of native Hawaiians to those lands. However, the trial court held that the State did have the power to transfer the lands. The OHA appealed. +The Supreme Court of Hawaii overruled the trial court's decision and remanded the case with instructions to issue an injunction to prevent the transfer of ceded lands from the public trust. In its reasoning, it cited Ahuna to illustrate that the State as trustee of these lands was under an obligation to administer the trust 'solely in the interest of the beneficiary' (native Hawaiians). Further, it gave great weight to the Apology Resolution passed by the United States Congress in 1993 to mark the 100th Anniversary of the overthrow of the Kingdom of Hawaii. This resolution stated that ""native Hawaiians (1) 'never directly relinquished their claims to… their national lands to the United States,' and (2) 'are determined to preserve, develop and transmit to future generations their ancestral territory.'"" Therefore, the court held, it was the responsibility of the State of Hawaii to preserve the ceded lands in the public trust, at least until such land claims were resolved. +" +TEST_1220,"Greg Abbott, Governor of Texas, et al.","Sue Evenwel, et al.","The Texas Constitution requires that the state legislature reapportion its senate districts during the first regular session after every federal census. After the 2010 census, the legislature created a redistricting plan that was signed into law. However, a three-judge panel of the federal district court found that there was a substantial claim that this redistricting plan violated the Voting Rights Act and issued an interim plan for the 2012 primary elections that was subsequently adopted and signed into law. +Plaintiffs Sue Evenwel and Edward Pfenniger are registered Texas voters who sued and claimed that the interim plan that was adopted and signed into law violated the Equal Protection Clause of the Fourteenth Amendment. They argued that the new districts do not adhere to the 'one person, one vote' principle, which the Supreme Court had previously held exists in the Equal Protection Clause of the Fourteenth Amendment, because they were apportioned based on total population rather than registered voter population, and while the new districts are relatively equal in terms of total population, they vary wildly in relation to total voter population. The district court granted the defendants’ motion to dismiss and held that the plaintiffs failed to state a claim based on Equal Protection Clause jurisprudence, which allows total population to be the basis for district apportionment. The Supreme Court noted probable jurisdiction on the appeal. +" +TEST_1221,Agron Kucana,"Eric H. Holder, Jr., Attorney General","Agron Kucana, a citizen of Albania, entered the United States in 1995 and did not leave when his visa expired. Mr. Kucana applied for asylum but failed to appear at his hearing, after which he was ordered removed from the United States. He filed a motion to reopen his case, which was denied. On appeal, the Board of Immigration Appeals (BIA) affirmed. After failing to remove himself from the United States, Mr. Kucana once again moved to reopen his case, contending that conditions in Albania had deteriorated to the extent where his life would be in danger upon his return. His motion was denied. +On appeal to the U.S. Court of Appeals for the Seventh Circuit, he argued that the BIA ""abused its discretion"" in denying his claim when it failed to consider an affidavit testifying to the dangerous conditions existing in Albania. The Seventh Circuit held that it lacked jurisdiction to review the matter. It found that the BIA's decision not to reopen Mr. Kucana's case was ""discretionary."" 8 U.S.C. Section 1252(a)(2)(B)(ii) provides that ""no court has jurisdiction to review"" any decision that is under the discretion of the BIA. Therefore, the court reasoned that Mr. Kucana's claim was not reviewable by a federal court of appeals. +" +TEST_1222,Moises Sanchez-Llamas,Oregon,"Under Article 36 of the Vienna Convention, a treaty to which the U.S. is a party, any person detained in a foreign country has the right to notify the consulate of his home country of his detention. +Moises Sanchez-Llamas, a Mexican national, was arrested for his role in a shootout with the police. He was given a Miranda warning, but not informed of his right under Article 36 to notify his consulate. After Sanchez-Llamas made incriminating statements to the police, he was charged with attempted murder. Sanchez-Llamas moved to dismiss the charge. He argued that he had a right under Article 36 which had been violated, and that his confession should consequently be inadmissible as evidence. The trial court denied the motion. The Oregon Court of Appeals and the Oregon Supreme Court both affirmed, holding that the Vienna Convention does not create individual rights, but only rights of countries. +Mario Bustillo, a Honduran national, was arrested for murdering a man with a baseball bat. He was not informed that Article 36 would allow him to notify his consulate of his arrest. At trial, Bustillo's counsel brought witnesses testifying that another man had committed the crime. Nevertheless, Bustillo was convicted of first-degree murder, and the conviction was affirmed on appeal. Bustillo then filed a petition for review in state habeas court. He argued for the first time that his conviction should be thrown out because his Article 36 right to notify his consulate had been violated. The state habeas court denied the petition. The court ruled that the petition was ""procedurally barred"" under state law because he had failed to raise the issue at trial. The Virginia Supreme Court refused to hear an appeal. +" +TEST_1223,"Hillside Dairy, Inc.",Lyons,"California regulates the minimum price paid to dairy farmers producing raw milk by establishing price minimums and requiring contributions to a price equalization pool. After it became profitable for some California processors to buy raw milk from out-of-state producers, the California Department of Food and Agriculture amended its regulations to require contributions to the price equalization pool on some out-of-state purchases. Four dairy farms in Nevada filed suit, alleging that the amendment unconstitutionally discriminated against them. Without reaching the merits, the District Court dismissed both cases. In affirming, the Court of Appeals held that the Federal Agriculture Improvement and Reform Act of 1996 immunized California's milk pricing and pooling laws from Commerce Clause challenge. The appellate court also held that the individual petitioners' Privileges and Immunities Clause claims failed because the amendment did not create classifications based on any individual's residency or citizenship. +" +TEST_1224,Lodge,Rogers,"Eight black citizens of Burke County, Georgia, challenged the at-large system of elections within the county. Although a substantial number of blacks lived within the county, no minority candidate had ever been elected to the Burke County Board of Commissioners, the chief governing body. To be elected, candidates had to receive a majority of the votes cast in the primary or general election. +" +TEST_1225,Jaffree,Wallace,"An Alabama law authorized teachers to conduct regular religious prayer services and activities in school classrooms during the school day. Three of Jaffree's children attended public schools in Mobile. +" +TEST_1226,United States,Salerno,"The 1984 Bail Reform Act allowed the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially dangerous to other people in the community. Prosecutors alleged that Salerno and another person in this case were prominent figures in the La Cosa Nostra crime family. +" +TEST_1227,State of New Jersey,"Edward J. Garrity, et al.","The Supreme Court of New Jersey ordered the Attorney General to investigate alleged irregularities in the handling of cases in the municipal courts of certain boroughs. As part of that investigation, police officers were brought in for questioning. They were told that anything they said might be used against them in a state criminal proceeding and that they could refuse to answer, but such refusal might be grounds for dismissal. The appellants represent a group of police officers who answered the questions and were charged with conspiracy to obstruct the administration of traffic laws. The appellants were convicted and they appealed by arguing that their statements were coerced by the threat of the loss of employment. The Supreme Court of New Jersey affirmed the convictions. +" +TEST_1228,Valley Forge Christian College,"Americans United for Separation of Church and State, Inc.","The Secretary of Defense closed the Valley Forge General Hospital in an effort to reduce the number of military installations in the country. In accordance with a congressional statute regulating the dispersal of surplus government property, part of the hospital's land was given, free-of-charge, to the Valley Forge Christian College. +" +TEST_1229,"Esther Hui, et al.","Yanira Castaneda, as Personal Representative of the Estate of Francisco Castaneda, et al.","These cases involve malpractice suits against Public Health Service (""PHS"") employees. The plaintiffs filed actions recognized by Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics in a California federal district court alleging violations of the Fifth and Eighth Amendments. The PHS sought a dismissal arguing that the Federal Tort Claims Act (FTCA) preempted Bivens claims. The district court rejected the argument and denied the motion to dismiss. +On appeal, the Ninth Circuit affirmed, holding that FTCA did not preempt Bivens claims. The court reasoned that the FTCA was enacted six months prior to the Supreme Court's decision in Bivens and, thus, could not have been intended as a substitute. +" +TEST_1230,"Jackson Masonry, LLC","Ritzen Group, Inc.","Ritzen Group contracted to buy a piece of property from Jackson Masonry, but the sale was never completed. Ritzen claims that Jackson breached the contract by providing erroneous documentation about the property just before the deadline, while Jackson claims Ritzen breached by failing to secure funding to purchase the property by the deadline. +Ritzen sued Jackson for breach of contract in Tennessee state court, and just before trial, Jackson filed for bankruptcy, triggering an automatic stay of the litigation under 11 U.S.C. § 362. Ritzen filed a motion to lift the stay, which the bankruptcy court denied, and Ritzen did not appeal the denial. Instead, Ritzen brought a claim against the bankruptcy estate. The bankruptcy court ruled for Jackson, finding that Ritzen, not Jackson, breached the contract. +After this adverse ruling, Ritzen filed two appeals in the district court. The first appeal arose from the bankruptcy court’s order denying relief from the automatic stay (which Ritzen did not appeal at the time). The second appeal arose from the bankruptcy court’s determination that Ritzen, not Jackson, breached the contract. The district court ruled against Ritzen on both appeals; the first appeal was untimely filed, and the second one failed on the merits. +Ritzen appealed to the U.S. Court of Appeals for the Sixth Circuit, which reviewed the bankruptcy court’s findings of fact under the abuse of discretion standard and its legal conclusions de novo. The Sixth Circuit affirmed, finding that Ritzen had missed two deadlines: the contract deadline, leading to its breach, and the appeal deadline, leading to its waiver of appeal. +" +TEST_1231,Ilya Wolston,"Reader's Digest Association, Inc., et al.","In 1957 and 1958, Ilya Wolston’s aunt and uncle, Myra and Jack Soble, were the subject of an investigation to find Soviet intelligence agents in the United States. On one occasion, Wolston failed to respond to a subpoena and pleaded guilty to a contempt charge. The incident was publicized in newspapers, but Wolston succeeded in returning to life as a private citizen. In 1974, Reader’s Digest Association published a book by John Barron about the KGB and Soviet agents in the United States. The book and its index identified Wolston as a Soviet agent. +Wolston sued the author and publishers for libel in district court. The district court granted summary judgment for the Association and held that Wolston was a “public figure” and had to prove the Association acted with actual malice to prevail in a libel suit. The Court of Appeals for the District of Columbia Circuit affirmed. +" +TEST_1232,Trimble,Gordon,"Section 12 of the Illinois Probate Act, while allowing legitimate children to inherit by intestate succession from either their mothers or fathers, allowed illegitimate children to inherit by intestate succession only from their mothers. Consequently, Deta Trimble, the illegitimate daughter of Sherman Gordon, was unable to inherit her father's estate when he died intestate. After losing her challenge to Section 12 in the Illinois Supreme Court, Trimble appealed to the Supreme Court. +" +TEST_1233,"John E. Potter, Postmaster General",Myrna Gomez-Perez,"Myrna Gómez-Pérez worked as a clerk for the United States Postal Service (USPS) in Puerto Rico. Gómez alleged that she was subject to retaliatory treatment after filing an age discrimination complaint against her supervisors under section 15 of the Age Discrimination in Employment Act (ADEA). A federal district court granted summary judgment to the USPS on the ground that the United States had not waived sovereign immunity as to retaliation claims under the ADEA. +Gómez appealed to the United States Court of Appeals in the First Circuit. It held that the USPS and Potter have waived sovereign immunity with respect to ADEA suits, but that Section 15 of the ADEA does not provide a cause of action for retaliation by federal employers. +" +TEST_1234,Federal Election Commission,"Wisconsin Right to Life, Inc.","The Bipartisan Campaign Reform Act of 2002 (BCRA) prohibits corporate funds from being used for certain political advertisements in the 60-day period prior to an election. Wisconsin Right to Life (WRTL) ran a series of television advertisements encouraging viewers to contact two U.S. Senators and tell them to oppose judicial filibusters. WRTL anticipated that the ads would probably run afoul of BCRA and sued the Federal Election Commission (FEC), seeking an order barring the FEC from enforcing BCRA against the ads. WRTL's suit alleged that BCRA is unconstitutional as it applies to the ads, which it claimed are ""grassroots lobbying advertisements"" unrelated to electoral campaigning. The FEC argued that the Supreme Court in McConnell v. Federal Election Commission (2003) had ruled out all ""as-applied"" challenges to BCRA. The U.S. District Court for D.C. agreed and denied WRTL's motion. +" +TEST_1235,"Haitian Centers Council, Inc., et al.","Chris Sale, Acting Commissioner, Immigration And Naturalization Service, et al.","According to Executive Order No. 12807 signed by President George H. W. Bush in 1992, the Coast Guard was required to force the return of all passengers discovered illegally traveling by sea from Haiti to the United States before reaching its borders without determining whether they qualify as refugees. The Haitian Centers Council, Inc., a collection of organizations representing illegal Haitian aliens and Haitians detained at Guantanamo, requested that the District Court for the Eastern District of New York delay the implementation of the order. The council argued that the order violated section 243(h) of the Immigration and Nationality Act of 1952 and Article 33 of the United Nations Protocol Relating to the Status of Refugees which protect individuals escaping potential prosecution from forced repatriation. The District Court denied the council's request, but the Court of Appeals for the Second Circuit reversed. +" +TEST_1236,Whitman,"American Trucking Associations, Inc.","Section 109(a) of the Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) Administrator to promulgate national ambient air quality standards (NAAQS) for each air pollutant for which ""air quality criteria"" have been issued under section 108. In 1997, Carol Browner, the Administrator of the EPA, revised the ozone and particulate matter NAAQS. Afterwards, her revised NAAQS were challenged in court. The District of Columbia Circuit found that section 109(b)(1), which instructs the EPA to set standards, delegated legislative power to the Administrator in contravention of the Federal Constitution because the court found that the EPA had interpreted the statute to provide no ""intelligible principle"" to guide the agency's exercise of authority. The court remanded the NAAQS to the EPA. The courts also held to its rule that the EPA could not consider implementation costs in setting the NAAQS. Additionally, the court rejected the EPA's position that the implementation provisions for ozone found in Part D, Subpart 2, of Title I of the CAA, were so tied to the existing ozone standard that the EPA lacked the power to revise the standard. +" +TEST_1237,Linda A. Matteo and John J. Madigan,William G. Barr,"Linda Matteo and John Madigan created a plan for utilizing $2.6 million in funds from the Office of Housing Expediter. The Office’s commission was coming to an end, and the plan involved firing and rehiring employees on a temporary basis until the life of the Office was extended or ended. William G. Barr, general manager of the Office, vehemently opposed the plan, and several Senators attacked the plan on the Senate floor. Barr decided to suspend Matteo and Madigan. He issued a press release explaining his reasons. Matteo and Madigan sued for libel based on the statements in the press release. + In certain circumstances, government officials are protected from civil suits for actions done in the scope of their official duties though absolute or qualified privilege. The district court ruled in favor of Matteo and Madigan, rejecting Barr’s claim that his statements were protected by privilege. The U.S. Court of Appeals for the District of Columbia Circuit affirmed, considering only absolute privilege. The U.S. Supreme Court vacated and remanded so the court of appeals could consider qualified privilege. On remand, the court of appeals held that qualified privilege existed, but was defeated due to Barr’s malice. The court remanded the case to district court for a new trial. +" +TEST_1238,Washington State Apple Advertising Commission,Hunt,"In 1972, the North Carolina Board of Agriculture adopted a regulation that required all apples shipped into the state in closed containers to display the USDA grade or nothing at all. Washington State growers (whose standards are higher than the USDA) challenged the regulation as an unreasonable burden to interstate commerce. North Carolina stated it was a valid exercise of its police powers to create ""uniformity"" to protect its citizenry from ""fraud and deception."" +" +TEST_1239,Theodore Stovall,"Wilfred Denno, Warden","On August 23, 1961, Dr. Paul Berheldt was stabbed to death in the kitchen of his home. His wife was also injured in the attack. The next day, Theodore Stovall was arrested for the murder and promptly arraigned, but he did not yet have counsel. On August 25, although Stovall had still not retained counsel, police brought him to the hospital room where Mrs. Berheldt’s was recovering from surgery to see if she could identify him. Stovall was the only African-American man in the room and was handcuffed to a police officer. Mrs. Berheldt positively identified him after he was directed to say a few words for voice identification purposes. The prosecution used this identification as evidence in the trial, and Mrs. Berheldt again identified Stovall in court. +Stovall was convicted, and the New York Court of Appeals affirmed. Stovall sought habeas corpus relief in district court on the grounds that Mrs. Berheldt’s identification was inadmissible. The district court dismissed after hearing argument on an unrelated issue. The Court of Appeals for the Second Circuit affirmed. +In 1967, the Court issued rulings in United States v. Wade and Gilbert v. California that excluded identification evidence from trial when identification came from a tainted lineup — one at which the defendants did not have counsel present. +"