Leslie Mendel v. T&B, Inc.113 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.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 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.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 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 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 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 Foster364 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 States128 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 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)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)[…]
Willy Sweetam v. United States57 DownloadsYear: 2017 (Vol. 41) Topics: Fifth Amendment Question presented: Whether a sixth-month and one day prison sentence for committing a strict liability offense under the Food, Drug, and Cosmetic Act as a responsible corporate officer violates the Fifth Amendment Due Process Clause. Format: Word and PDF Prepared by: Sean Sigillito Read more about Willy Sweetam v. United States[…]
United States v. Walter Anderson5 DownloadsYear: 2017 (Vol. 41) Topics: Tax Question presented: Whether a charge of tax obstruction under 26 U.S.C. § 7212(a) requires that the defendant be aware of a pending IRS investigation, audit, or other investigatory procedure. Format: Word and PDF Prepared by: Parth Baxi *PREEMPTED by Marinello v. United States, 138 S. Ct. Read more about United States v. Walter Anderson[…]
Banded Rock Indian Tribe of West Dakota v. National Labor Relations Board81 Downloads Year: 2017 (Vol. 41) Topics: Administrative Law; American Indian Law Question(s) presented: Whether the National Labor Relations Board has jurisdiction over sovereign Indian tribal governments under the National Labor Relations Act, and if so, whether the Act preempts conflicting tribal legislation. Format: Read more about Banded Rock Indian Tribe of West Dakota v. National Labor Relations Board[…]
Virtual Arts, Inc. v. George O’Leaffe70 DownloadsYear: 2017 (Vol. 41) Topics: Intellectual Property and Information Law Question presented: Whether courts should apply the “transformative use” test or the Rogers test when deciding if the realistic portrayal of a person in an expressive work violates a celebrity’s right of publicity. Format: Word and PDF Prepared by: Read more about Virtual Arts, Inc. v. George O’Leaffe[…]