Victor Valiente v. United States

Victor Valiente v. United States171 DownloadsYear: 2018 (Vol. 42) Topics: Constitutional Law, Second Amendment Question(s) presented: (1) Whether the term “the people” in the Second Amendment applies to undocumented immigrants. (2) What standard of scrutiny should apply to Second Amendment claims raised by undocumented immigrants challenging the constitutionality of 18 U.S.C. § 922(g)(5). Format: Word and PDF Prepared by: Read more about Victor Valiente v. United States[…]

Kurtis Helmborg v. Fortunetworks Finance Corporation

Kurtis Helmborg v. Fortunetworks Finance Corporation19 DownloadsYear: 2018 (Vol. 42) Topics: Bankruptcy Law Question(s) presented: Whether refusing to turn over property to the debtor after a bankruptcy petition is filed constitutes an “exercise of control” that violates the bankruptcy stay as required under 11 U.S.C. § 362(a)(3). Format: Word and PDF Prepared by: SeungMoon Lee Preemption Notice! Read more about Kurtis Helmborg v. Fortunetworks Finance Corporation[…]

United States, ex rel. Kimberly Evans v. Curesitall, LLC

United States, ex rel. Kimberly Evans v. Curesitall, LLC34 DownloadsYear: 2018 (Vol. 42) Topics: False Claims Act Question(s) presented: Whether continued government payments in light of allegations of non-compliance defeat the materiality standard set forth in the False Claims Act based on an implied false certification theory. Format: Word and PDF Prepared by: Gabriel Slamovits

Global Records, Inc. v. Katherine Terry

Global Records, Inc. v. Katherine Terry53 DownloadsYear: 2018 (Vol. 42) Topics: Intellectual Property Question(s) presented: Whether the de minimisstandard applies to the use of sound recordings in the context of music sampling. Format: Word and PDF Prepared by: Samantha Fink Hedrick  

Leslie Mendel v. T&B, Inc.

Leslie Mendel v. T&B, Inc.105 DownloadsYear: 2018 (Vol. 42) Topics: Civil Procedure Question(s) presented: (1) Whether an allegation of an increase in the risk of future identity theft can meet the injury-in-fact requirement for Article III standing. (2) Whether a federal court sitting in diversity should apply the relevant forum state’s law or federal common law when it Read more about Leslie Mendel v. T&B, Inc.[…]

Dorothy Ritos v. Jer & Benny’s Chips Co.

Dorothy Ritos v. Jer & Benny’s Chips Co.35 DownloadsYear: 2018 (Vol. 42) Topics: Civil Procedure Question(s) presented: Whether Federal Rule of Civil Procedure 23 contains an implied, free-standing, threshold requirement that plaintiffs must establish “ascertainability” by a showing that there is a reliable and administratively feasible mechanism for identification of class members. Format: Word and PDF Read more about Dorothy Ritos v. Jer & Benny’s Chips Co.[…]

BASIL.com v. Diana Murphy

BASIL.com v. Diana Murphy87 DownloadsYear: 2018 (Vol. 42) Topics: Employment Law Question(s) presented: Whether an employee’s violation of their fiduciary or contractual duty to their employer while accessing information “exceeds authorized access” as defined by the Computer Fraud and Abuse Act. Format: Word and PDF Prepared by: He Chen  

Commodus Capital Management v. We’re Games, Inc.

Commodus Capital Management v. We’re Games, Inc.20 DownloadsYear: 2018 (Vol. 42) Topics: Bankruptcy Law Question(s) presented: Whether the District Court properly held that an appeal of an unstayed plan of reorganization that includes a third-party release is equitably moot. Format: Word and PDF Prepared by: David Kratzer  

Ellie Hooper v. Hawkins University Psychokinetic Energy Lab

Ellie Hooper v. Hawkins University Psychokinetic Energy Lab138 DownloadsYear: 2018 (Vol. 42) Topics: Civil Procedure Question(s) presented: (1) Whether the Torture Victim Protection Act precludes claims of torture from being brought under the Alien Tort Statute. (2) Whether the Alien Tort Statute may ever provide justification for an injury that occurred outside U.S. territory. Format: Word and Read more about Ellie Hooper v. Hawkins University Psychokinetic Energy Lab[…]

Eddie Edmunds v. United States

Eddie Edmunds v. United States225 DownloadsYear: 2017 (Vol. 41) Topics: Constitutional Law, Criminal Law and Administration Questions presented: (1) Whether the reasonable belief that police need in order to enter a dwelling to execute an arrest warrant without a search warrant is equal to probable cause or requires less than probable cause; (2) Whether there Read more about Eddie Edmunds v. United States[…]

Internal Revenue Service v. Adam Trask; Cathy Ames Trask

Internal Revenue Service v. Adam Trask; Cathy Ames Trask24 DownloadsYear: 2017 (Vol. 41) Topics: Tax Question presented:  Whether the tax debt related to the Trasks’ untimely 2010 return should be discharged in bankruptcy. Format: Word and PDF Prepared by: Andrew Townsell  

Dragontown University v. Peter Foster

Dragontown University v. Peter Foster341 DownloadsYear: 2017 (Vol. 41) Topics: First Amendment; Fourteenth Amendment Questions presented: (1) By issuing the press release, did Dragontown University infringe Dr. Foster’s liberty interest in his reputation under the Fourteenth Amendment? (2) By firing Dr. Foster for statements made on his blog, did Dragontown University violate Dr. Foster’s free speech rights under Read more about Dragontown University v. Peter Foster[…]

Emily Hanley v. United States

Emily Hanley v. United States127 DownloadsYear: 2017 (Vol. 41) Topics: Criminal Law Question presented: Whether the term simple assault, as used in 18 U.S.C. § 111(a)(1), is limited to its common law meaning or was intended by Congress to be a term of art with a broader meaning. Format: Word and PDF Prepared by: Megan Read more about Emily Hanley v. United States[…]

Monster Radio, Inc. v. Stranger Things LLC

Monster Radio, Inc. v. Stranger Things LLC45 DownloadsYear: 2017 (Vol. 41) Topics: Copyright; Intellectual Property and Information Law Questions presented: (1)  Whether, under section 980(a)(2) of the Hawkinstate Civil Code, copyright owners of pre-1972 sound recordings possess an exclusive right of public performance. (2)  If not, whether Hawkinstate’s common law grants copyright owners of pre-1972 Read more about Monster Radio, Inc. v. Stranger Things LLC[…]

In re L.W., a minor (The Commissioner of the Department of Children and Families for the State of Rivington v. L.W, a minor)

In re L.W., a minor (The Commissioner of the Department of Children and Families for the State of Rivington v. L.W, a minor)66 DownloadsYear: 2017 (Vol. 41) Topics: Criminal Law and Administration, Family Law, Health and Benefits Law Question presented: Whether the State of Rivington should adopt a mature minor exception to the common law Read more about In re L.W., a minor (The Commissioner of the Department of Children and Families for the State of Rivington v. L.W, a minor)[…]