statutory construction

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This case is a combination of appeals from United States Courts of Appeals for the Seventh, Ninth, and Third Circuits. The facts from each case are substantially similar. 

Congress enacted the Employee Retirement Income Security Act (“ERISA...

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Facts

In 2006, Carol Anne Bond discovered that her friend, Myrlinda Haynes, was pregnant from an affair with Bond’s husband. See United States v. Bond, 681 F.3d 149, 151 (3d Cir. 2012). Seeking revenge, Bond acquired toxic chemicals, 10-...

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CompuCredit Corporation considered a credit repair organization for purposes of this case, marketed a subprime credit card called Aspire Visa to consumers with impaired credit records. See Greenwood v. CompuCredit Corp.,...

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In 2012, a group of five individuals employed as service advisors (collectively “Navarro”) at Encino Motorcars (“Encino”) filed suit against Encino for violating the Fair Labor Standards Act (“FLSA”) by, among other things, failing to pay them overtime...

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Under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, federal agencies must disclose records to anyone who requests them, subject to certain exemptions. See AT&T v. FCC, 582 F.3d 490, 492 (3d Cir. 2009). If an...

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In 1970, Congress passed the Controlled Substance Act ("CSA") as part of a comprehensive federal scheme to regulate and control certain drugs and other substances. Under the CSA, physicians who prescribe controlled substances are...

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Appealed from: United States Court of Appeals, Ninth Circuit

Oral argument: October 5, 2005

Federalism and State Sovereignty, Statutory Construction, Assisted Suicide, Right to Die...
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This case begins with a loan dispute between Valerie Hawkins and Janice Patterson, as guarantors, and the Community Bank of Raymore, (“Raymore”), as creditor. See Hawkins v. Cmty. Bank of Raymore, 761 F.3d 937,...

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This case begins with a loan dispute between Valerie Hawkins and Janice Patterson, as guarantors, and the Community Bank of Raymore, (“Raymore”), as creditor. See Hawkins v. Cmty. Bank of Raymore, 761 F.3d 937, 939 (8th Cir. 2015). Hawkins and...

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Factual Background for Holder v. Gutierrez

In 1989, respondent Carlos Martinez Gutierrez illegally entered the United States to reside with his parents at the age of five. See Brief for Petitioner, Eric H. Holder, Jr. at 4–5. Two years...

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Oral argument: January 18, 2012

Appealed from: United States Court of Appeals for the Ninth Circuit (Jan. 24, 2011)

IMMIGRATION, STATUTORY CONSTRUCTION, SECTION 1229b, CANCELLATION OF REMOVAL

In Holder v. Gutierrez and Holder v. Sawyers,...

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Oral argument: Apr. 20, 2009

Appealed from: United States Court of Appeals, Ninth Circuit (Feb. 22, 2008)

EQUAL EDUCATION OPPORTUNITIES ACT, NO CHILD LEFT BEHIND, ENGLISH LANGUAGE LEARNERS, APPROPRIATE ACTION, LANGUAGE BARRIERS, FEDERALISM,...
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In the small Mexican border city of Nogales, Arizona, the vast majority of primary through high school students are Hispanic, and Spanish is their primary language. See Flores v. Horne, 516 F.3d 1140, 1145 (Feb. 22, 2008). During at...

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This case is a consolidated appeal from five petitioners—Timothy Koons, Kenneth Jay Putensen, Randy Feauto, Esequiel Gutierrez, and Josea Gadea—who have all been previously convicted of methamphetamine conspiracy offenses. United States v. Koons, 850 F...

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In 1967, Congress passed the Age Discrimination in Employment Act (“ADEA”) “to protect older workers from ‘arbitrary age discrimination in employment.’” Guido v. Mount Lemmon Fire District at 3, 5. Originally, the statute—which applies to “employers,”—...

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Petitioner Charles Murphy was an inmate at Vandalia Correctional Center in Vandalia, Illinois. Murphy v. Smith, 844 F.3d 653, 655–56 (7th Cir. 2016). On July 25, 2011, Respondents Robert Smith and Gregory Fulk, both correctional officers, physically...

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This case involves three respondents, all who immigrated to the United States as children. Preap v. Johnson (9th Cir.) at 7–8. Respondent Mony Preap was born in a refugee camp after his family escaped the Khmer Rouge in Cambodia and has been living in...

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A term used in describing a statute or regulation indicating that the particular law reaches beyond the scope of the subject matter it was originally intended to cover, causing it to cover activity that it was not intended to cover.

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Wescley Fonseca Pereira (“Pereira”) came to the United States from Brazil in June 2000 on a non-immigrant visitor visa that allowed him to stay in the country until December 21, 2000. Pereira v. Sessions, 866 F.3d 1, 2 (1st Cir. 2017). Pereira...

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Hamid Mohamed Ahmed Ali Rehaif is a citizen of the United Arab Emirates. United States v. Rehaif at 3. Rehaif applied and was accepted to the Florida Institute of Technology (“FIT”). Id. The United States issued Rehaif an F-1 nonimmigrant student visa...

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This case consolidated four actions brought by Richard Culbertson, who represented claimants Katrina Wood, Celalettin Akarcay, Bill Westfall, and Darleen Schuster, each of whom was denied disability benefits by the Commissioner of Social Security (“...

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In April 2011, Apple sued Samsung for infringement of design and utility patents, trademarks, and trade dress. See Apple Inc. v. Samsung Elecs. Co. Ltd., No. CV 5:11-cv-01846, 4 (Fed. Cir. 2015). Apple alleged that certain Samsung products copied Apple...

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Lawrence Eugene Shaw was convicted under 18 U.S.C. § 1344(1) for executing a scheme to obtain funds from a Bank of America (“BoA”) account belonging to Stanley Hsu, a Taiwanese businessman. See United States v. Shaw, 781 F.3d 1130, 1133 (9th Cir. 2015...

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As Ohio’s chief law enforcement officer, the Attorney General (the “OAG”) is charged with collecting debts owed to state entities under Ohio law. Gillie v. Law Office of Eric A. Jones, LLC, 37 F. Supp. 3d 928, 931 (S.D. Ohio 2014). The ...

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As Ohio’s chief law enforcement officer, the Attorney General (the “OAG”) is charged with collecting debts owed to state entities under Ohio law. Gillie v. Law Office of Eric A. Jones, LLC, 37 F. Supp. 3d 928, 931 (S.D. Ohio 2014). The OAG “may appoint...

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Consolidated with Horne v. Flores (Docket No. 08-289).
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In 2016, Petitioner Denard Stokeling, a convicted felon, pled guilty to one count of possession of a firearm and ammunition by a felon, in violation of 18 U.S.C. § 922(g)(1), in the United States District Court for the Southern District of Florida....

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In 2003, the Respondent City of Roswell, Georgia (“City”) enacted an ordinance (Roswell City Ordinance 21.2) governing the standards for wireless communication towers. T-Mobile South LLC v. City of Roswell, Georgia, 731 F.3d 1213, 1214 (2013); see also...

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Gary and Venida Thacker sued the Tennessee Valley Authority (“TVA”) because of an accident that the Thackers allege was caused by the TVA’s negligence. Thacker v. Tennessee Valley Authority at 2. On July 30, 2013, Gary Thacker and his friend, Anthony...

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This case involves two Respondents, Victor Stitt and Jason Sims, from the United States Court of Appeals for the Sixth Circuit and the United States Court of Appeals for the Eighth Circuit, respectively.

UNITED STATES COURT OF APPEALS FOR THE SIXTH...
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After the Supreme Court’s decision in Massachusetts v. EPA, categorizing greenhouse gases (GHG) as an “air pollutant” and therefore subject to regulation under the Clean Air Act (CAA), the Environmental Protection Agency (EPA)...

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Facts

After the Supreme Court’s decision in Massachusetts v. EPA, categorizing greenhouse gases (GHG) as an “air pollutant” and therefore subject to regulation under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) began regulating...

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On August 23, 2007, Petitioner John Yates and his crew were actively engaged in fishing aboard their vessel when Officer John Jones (“Officer Jones”) of the Florida Fish and Wildlife Conservation Commission approached for an inspection. See United...