Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Jack Daniel's™ Properties, Inc. v VIP Products LLC. In this case, the court considered this issue: Is humorous use of another’s trademark as one’s own on a commercial product subject to the Lanham Act’s likelihood-of-confusion analysis, or instead entitled to heightened First Amendment protection? The case was decided on June 8, 2023. The Supreme Court held that The parodic use of another’s trademark as on...
Jul 31, 2024•30 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Dubin v United States. In this case, the court considered this issue: Does a person commit aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense? The case was decided on June 8, 2023. The Supreme Court held that A person commits “aggravated identity theft,” if he “uses” another person’s means of identification “in relation to” a predicate o...
Jul 28, 2024•33 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Allen v Milligan. In this case, the court considered this issue: Does Alabama’s 2021 redistricting plan for its seven U-S House seats violate Section 2 of the Voting Rights Act? The case was decided on June 8, 2023. The Supreme Court held that The district court correctly applied binding Supreme Court precedent to conclude that Alabama’s redistricting map likely violates Section 2 of the Voting Rights Act. Chi...
Jul 26, 2024•2 hr 4 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Slack Technologies, LLC v Pirani In this case, the court considered this issue: Do Sections 11 and 12(a)(2) of the Securities Act of 1933 require plaintiffs to plead and prove that they bought shares registered under the registration statement they claim is misleading? The case was decided on Jun 1, 2023. The Supreme Court held that to state a claim under §11(a) of the Securities Act of 1933, a plaintiff must ...
Jul 25, 2024•14 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Glacier Northwest, Inc. v International Brotherhood of Teamsters. In this case, the court considered this issue: Does the National Labor Relations Act preempt a state-court lawsuit against a union for intentionally destroying an employer’s property during a labor dispute? The case was decided on June 1, 2023. The Supreme Court held that The National Labor Relations Act (NLRA) did not preempt Glacier’s state-co...
Jul 24, 2024•57 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in United States ex rel. Schutte v Supervalu Inc. In this case, the court considered this issue: Is a defendant’s contemporaneous subjective understanding about the lawfulness of its conduct relevant to whether it “knowingly” violated the False Claims Act? The case was decided on Jun 1, 2023 The Supreme Court held that the False Claims Act’s scienter element refers to a defendant’s knowledge and subjective belief...
Jul 23, 2024•22 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Tyler v Hennepin County. In this case, the court considered these issues: First, does taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violate the Fifth Amendment’s Takings Clause? Second, is the forfeiture of property worth far more than needed to satisfy a debt a fine within the meaning of the Eighth Amendment? The case was decided on May 25, 2023. T...
Jul 22, 2024•22 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Dupree v Younger. In this case, the court considered this issue: To preserve the issue for appellate review, must a party reassert in a post-trial motion a purely legal issue rejected at summary judgment? The case was decided on May 25, 2023. The Supreme Court held that a post-trial motion under Federal Rule of Civil Procedure 50 is not required to preserve for appellate review a purely legal issue resolved at...
Jul 22, 2024•12 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Sackett v Environmental Protection Agency. In this case, the court considered this issue: What is the proper test for determining whether wetlands are “waters of the United States” under the Clean Water Act? The case was decided on May 25, 2023. The Supreme Court held that The Clean Water Act extends only to wetlands that have a continuous surface connection with “waters” of the United States—i.e., with a rela...
Jul 22, 2024•1 hr 29 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion inCalcutt v Federal Deposit Insurance Corporation. In this case, the court considered this issue: When an agency commits legal errors may the reviewing court apply the correct legal rules to the record in the first instance? The case was decided on May 22, 2023. In a per curiam (unsigned) opinion, the Court held that when an agency commits legal errors, the reviewing court must remand the case to the agency, not ...
Jul 19, 2024•11 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Amgen Inc. v Sanofi. In this case, the court considered this issue: Do Amgen’s two patents satisfy the Patent Act’s enablement clause—that is, describing the invention with sufficient particularity that would enable a “skilled artisan” to “make and use” the claimed invention? The case was decided on May 18, 2023. The Supreme Court held that Amgen’s two patent applications—purporting to cover all antibodies tha...
Jul 17, 2024•27 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Andy Warhol Foundation for Visual Arts, Inc. v Goldsmith. In this case, the court considered this issue: What is the proper test for whether a work is “transformative” under the first factor of the Copyright Act’s fair use doctrine? The case was decided on May 18, 2023. The Supreme Court held that he “purpose and character” of the Andy Warhol Foundation (AWF)’s particular commercial use of Lynn Goldsmith’s pho...
Jul 17, 2024•2 hr 30 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Ohio Adjutant General's Department v Federal Labor Relations Authority. In this case, the court considered this issue: Does the Civil Service Reform Act of 1978 empower the Federal Labor Relations Authority to regulate the labor practices of state militias? The case was decided on May 18, 2023. The Supreme Court held that The Federal Labor Relations Authority (FLRA) had jurisdiction over this labor dispute...
Jul 17, 2024•26 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Polselli v Internal Revenue Service. In this case, the court considered this issue: Does the exception in I-R-C § 7609(c)(2)(D)(1) to the notice requirements for an Internal Revenue Service summons on third-party recordkeepers apply to a summons for anyone’s records whenever the IRS thinks that person’s records might somehow help it collect a delinquent taxpayer’s liability? The case was decided on May 18, 202...
Jul 15, 2024•25 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Twitter, Inc. v Taamneh. In this case, the court considered these issues: First, Does an internet platform “knowingly” provide substantial assistance under 18 U-S-C § 2333 merely because it allegedly could have taken more “meaningful” or “aggressive” action to prevent such use? Second, may an internet platform whose services were not used in connection with the specific “act of international terrorism” that in...
Jul 12, 2024•43 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Santos-Zacaria v Garland. In this case, the court considered this issue: Does 8 U-S-C § 1252(d)(1) bar a court of appeals from reviewing an immigrant’s claim that the Board of Immigration Appeals had engaged in impermissible factfinding because the immigrant had not exhausted that claim through a motion to reconsider? The case was decided on May 11, 2023. The Supreme Court held that Title 8 U-S-C § 1252(d)(1) ...
Jul 10, 2024•25 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Financial Oversight and Management Board for Puerto Rico v Centro De Periodismo Investigativo, Inc. In this case, the court considered this issue: Does the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)’s general grant of jurisdiction to the federal courts over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising under PROMESA abrogat...
Jul 10, 2024•15 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Percoco v United States. In this case, the court considered this issue: Can a private citizen who has informal political or other influence over governmental decisionmaking owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud? The case was decided on May 11, 2023. The Supreme Court held that a private citizen who has informal political or other influence over govern...
Jul 08, 2024•24 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Ciminelli v United States. In this case, the court considered this issue: Does the Second Circuit’s “right to control” theory of fraud state a valid basis for liability under the federal wire fraud statute? The case was decided on May 11, 2023. The Supreme Court held that The Second Circuit’s right-to-control theory cannot form the basis for a conviction under the federal fraud statutes because the right to co...
Jul 03, 2024•13 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in National Pork Producers Council v Ross In this case, the court considered this issue: Does a California law that prohibits the in-state sale of pork from animals confined in a manner inconsistent with California standards violate the “dormant” component of the Constitution’s Commerce Clause? The case was decided on May 11, 2023 The Supreme Court held that California’s Proposition 12 does not violate the dorman...
Jul 03, 2024•1 hr 2 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Reed v Goertz. In this case, the court considered this issue: When does the statute of limitations for a 42 U-S-C § 1983 claim seeking DNA testing of crime-scene evidence begin to run? The case was decided on Apr 18, 2023. The Supreme Court held that when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations a procedural due process claim...
Jul 03, 2024•42 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Turkiye Halk Bankasi A-S v United States In this case, the court considered this issue: May the district courts properly exercise subject-matter jurisdiction over the criminal prosecution against Halkbank in this case based on the commercial activity exception to the Foreign Sovereign Immunities Act? The case was decided on Apr 19, 2023. The Supreme Court held that The district court has jurisdiction in this c...
Jun 30, 2024•25 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in M-O-A-C Mall Holdings LLC v Transform Holdco LLC. In this case, the court considered this issue: Does Bankruptcy Code Section 363(m) limit the jurisdiction of appellate courts over an order approving the sale of a debtor’s assets or instead simply limit the remedies available on appeal from such an order? The case was decided on April 19, 2023. The Supreme Court held that Section 363(m) of the Bankruptcy Code—...
Jun 07, 2024•17 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Axon Enterprise, Inc. v Federal Trade Commission. In this case, the court considered this issue: Do federal courts have jurisdiction to hear constitutional challenges to the Federal Trade Commission’s structure, procedure, and existence, or must such challenges be raised first in the administrative proceeding? The case was decided on April 14, 2023. The Supreme Court held that Federal courts have federal-quest...
Jun 06, 2024•42 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Perez v Sturgis Public Schools. In this case, the court considered this issue: Do the Individuals with Disabilities Education Act (I-D-E-A) and the Americans with Disabilities Act (ADA) require a student to exhaust his administrative proceedings against the school district even when such proceedings would be futile? The case was decided on March 21, 2023. The Supreme Court declined to exempt a highly-compensat...
Jun 06, 2024•11 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Wilkins v United States. In this case, the court considered this issue: Do the Individuals with Disabilities Education Act (I-D-E-A) and the Americans with Disabilities Act (ADA) require a student to exhaust his administrative proceedings against the school district even when such proceedings would be futile? The case was decided on March 28, 2023. The Supreme Court held that the Quiet Title Act’s 12-year stat...
Jun 06, 2024•14 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Bittner v United States. In this case, the court considered this issue: Is a “violation” under the Bank Secrecy Act the failure to file an annual Report of Foreign Bank and Financial Accounts (no matter the number of foreign accounts), or is there a separate violation for each individual account that was not properly reported? The case was decided on February 28, 2023. The court held that The Bank Secrecy Act’...
Jun 03, 2024•39 min•Transcript available on Metacast Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Delaware v Pennsylvania. The Disputed Instruments, prepaid financial instruments used to transfer funds to a named payee, are sold by banks on behalf of MoneyGram and others. When these instruments are not presented for payment within a certain period of time, they are deemed abandoned. MoneyGram applies the common-law escheatment practices outlined in 1965 by the Supreme Court: The proceeds of abandoned finan...
May 31, 2024•29 min•Transcript available on Metacast In this case, Cruz, convicted of capital murder and sentenced to death, argued that under the Supreme Court’s “Simmons” decision, he should have been allowed to inform the jury that a life sentence in Arizona would be without parole. The Arizona Supreme Court held that Arizona’s capital sentencing scheme did not trigger Simmons. The Supreme Court subsequently held that it was fundamental error to conclude that Simmons “did not apply” in Arizona. Cruz sought to raise the Simmons issue under Arizo...
May 31, 2024•25 min•Transcript available on Metacast In this case, the court considered this issue: Is a supervisor who makes over $200,000 annually, calculated on a daily basis, entitled to overtime pay, despite a regulation that carves out an exception for highly paid executives? The case was decided on February 22, 2023. The Supreme Court declined to exempt a highly-compensated worker, paid on a daily basis with no guarantee of a weekly amount, from the Fair Labor Standards Act's overtime pay requirements. Justice Kagan delivered the opinio...
May 30, 2024•40 min•Transcript available on Metacast 
