Supreme Court of the United States
 

Today at the Court - Monday, May 27, 2019


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Recent Decisions


May 20, 2019
         
Mission Product Holdings, Inc. v. Tempnology, LLC (17-1657)
A bankruptcy debtor’s rejection of an executory contract under 11 U. S. C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.

         
Herrera v. Wyoming (17-532)
Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.

         
Merck Sharp & Dohme Corp. v. Albrecht (17-290)
“Clear evidence” that the FDA would not have approved a change to a drug’s label—thus pre-empting a state-law failure-to-warn claim—is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.



May 13, 2019
         
Apple Inc. v. Pepper (17-204)
Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois, 431 U. S. 720, and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.

         
Cochise Consultancy, Inc. v. United States ex rel. Hunt (18-315)
The limitations period in 31 U. S. C. §3731(b)(2)—which provides that a False Claims Act action must be brought within 3 years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation—applies in a qui tam suit in which the Federal Government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.

         
Franchise Tax Bd. of Cal. v. Hyatt (17-1299)
Nevada v. Hall, 440 U. S. 410, is overruled; States retain their sovereign immunity from private suits brought in courts of other States.



More Opinions...

Did You Know...

Taft and the Lincoln Memorial


As President, William Howard Taft signed the bill to create a memorial to Abraham Lincoln in February 1911. Later, as Chief Justice, Taft served as the chairman of the Lincoln Memorial Commission and officiated at the dedication ceremony on May 30, 1922. When presenting the Memorial to President Warren G. Harding, Taft noted Lincoln’s hope for national unity following the Civil War, stating: “Here on the banks of the Potomac, the boundary between the two sections, whose conflict made the burden, passion, and triumph of his life, it is particularly appropriate that it should stand.” President Lincoln’s only surviving son, Robert Todd Lincoln, was an honored guest at the ceremony.

 

Chief Justice William Howard Taft (left), President Warren G. Harding (center), and Robert Todd Lincoln (right) at the Lincoln Memorial dedication ceremony. President Harding accepted the Memorial on behalf of the American people.
Chief Justice William Howard Taft (left), President Warren G. Harding (center), and Robert Todd Lincoln (right) at the Lincoln Memorial dedication ceremony. President Harding accepted the Memorial on behalf of the American people.
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