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Florida Dept. of Revenue v. Piccadilly Cafeterias

Issues

Do the words "under a plan confirmed" apply to transfers of assets occurring prior to a bankruptcy court's confirmation of a reorganization plan?

 

Soon after Piccadilly Cafeterias, Inc. filed for bankruptcy under Chapter 11, it sought and received authorization from the Bankruptcy Court to sell its assets under Section 363(b)(1) of the Bankruptcy Code. Piccadilly also sought and received an exemption, pursuant to Section 1146(c) of the Bankruptcy Code, from Florida state tax on this sale. The Florida Department of Revenue objected to this exemption because the sale took place before the bankruptcy plan was confirmed. On appeal, the U.S. District Court for the Southern District of Florida and the U.S. Court of Appeals for the 11th Circuit affirmed the decision of the Bankruptcy Court to exempt asset sales prior to confirmation of a bankruptcy plan. The Florida Department of Revenue argues that the Eleventh Circuit's interpretation of the statute is not justified by the rules of statutory interpretation and claims that the lower court's decision will create much unnecessary litigation and ambiguity in the law. Piccadilly Cafeterias argues, however, that the text is ambiguous and therefore can be read to support both points of view. For this reason, Piccadilly suggests looking beyond the text to congressional intent and policy concerns. Whichever way the Court interprets this statute, this case will have a profound impact on state and local revenue collection.

Questions as Framed for the Court by the Parties

Whether section 1146(a) of the Bankruptcy Code, which exempts from stamp or similar taxes any asset transfer "under a plan confirmed under section 1129 of the Code," applies to transfers of assets occurring prior to the actual confirmation of such a plan?

Prior to its bankruptcy, Piccadilly Cafeterias, Inc. ("Piccadilly") operated 145 cafeterias in the southeastern United States and was one of the largest cafeteria chains in the nationSee In Re Piccadilly Cafeterias, Inc., 379 B.R. 215, 217 (S.D. Fla.

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Flores-Villar v. United States

Issues

Do the gender-based differential residency requirements for transmission of citizenship in 8 U.S.C. §§ 1401 and 1409 violate the Equal Protection Clause of the Constitution?

 

After his conviction for importing marijuana in 1997, Ruben Flores-Villar was deported to Mexico. Flores-Villar subsequently reentered the United States on several occasions, leading to his conviction under 8 U.S.C. § 1325 for being a deported alien found in the United States. Flores-Villar was born in Mexico, out of wedlock, to a United States citizen father and foreign mother. Under 8 U.S.C. §§ 1401 and 1409, United States citizen fathers of non-marital children born abroad may only transmit United States citizenship if the father had resided in the United States continuously for at least five years after age fourteen. On the other hand, United States citizen mothers with foreign-born non-marital children are only required to have one year residence in the United States to transmit citizenship. Flores-Villar challenged his Section 1325 conviction on the grounds that the differential residency requirements of 1401 and 1409 make an impermissible classification based on gender that resulted in his alien status. The appeals court affirmed Flores-Villar's conviction and the Supreme Court granted certiorari to determine whether the gender-based differentiation in 8 U.S.C. §§ 1401 and 1409 is constitutionally permissible.

Questions as Framed for the Court by the Parties

Whether the court’s decision in Nguyen v. INS, 533 U.S. 53 (2001), permits gender discrimination that has no biological basis?

In 1997, Petitioner Ruben Flores-Villar was convicted under 21 U.S.C. §§ 952 and 960 for importation of marijuana, and was subsequently deported to Mexico. See United States v. Flores-Villar, 536 F.3d 990, 994 (9th Cir.

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· Constitutional Law Prof Blog, Ruthann Robson: Gender, Equal Protection & Immigration: SCOTUS grants cert in Flores-Villar: Analysis (Mar. 22, 2010)

· New York Times, Adam Liptak: Justices to Weigh Law on Gaining Citizenship Via Parents (Mar. 22, 2010)

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Flores-Figueroa v. United States

Issues

Whether the Government can convict a person for aggravated identity theft, which requires proof that he "knowingly transfer[red], possesse[d], or use[d] . . . a means of identification of another person[,]" even if he did not know that the identification he used for employment belonged to another person.

 

Ignacio Flores-Figueroa, a Mexican immigrant used a false name, social security number, and resident alien card to obtain employment. Unbeknownst to him, these documents belonged to another person. When the government discovered this, it charged him with aggravated identity theft under 18 U.S.C. § 1028A(1)(a), and he was found guilty. Flores-Figueroa contends that under the statute, he committed mere identity fraud rather than aggravated identity theft because he did not know that the identity information in fact belonged to a real person. The government argues that the statute should apply to all defendants who use another's identity information, regardless of their mens rea, or intent. The outcome of this case will impact how identity theft cases are prosecuted as well as the rights of immigrants who have used falsified identity documents.

 

    Questions as Framed for the Court by the Parties

    Whether, to prove aggravated identity theft under 18 U.S.C. § 1028A(a)(1), the Government must show that the defendant knew that the means of identification he used belonged to another person.

    Petitioner Ignacio Flores-Figueroa, an immigrant from Mexico, secured false identification documents in order to gain employment at L&M Steel Services. See Brief for Petitioner, Ignacio Flores-Figueroa at 2; Brief for Respondent, United States at 2. He used a false name, social security number and resident alien card. See 

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    Florence v. Board of Chosen Freeholders

    Issues

    Can a prison perform a strip search of each detainee regardless of the reason for the arrest?

     

    Petitioner Albert Florence was arrested on an outdated bench warrant for a non-indictable offense and was subjected to “strip searches” in two separate prison facilities. Florence sued both facilities, alleging that their blanket policies of strip searching all detainees, regardless of their offense, violates the Fourth Amendment. The United States Court of Appeals for the Third Circuit reversed a District Court opinion, holding that the policies in this case did not violate the Fourth Amendment. Florence argues that the Fourth Amendment protects detainees from suspicionless strip searches when less intrusive alternatives better serve penological interests. The Respondents contend that the prison context diminishes the Fourth Amendment’s privacy expectation, and that the privacy expectation is outweighed by the security interest promoted by blanket strip searches. The decision in this case could affect prison security, the psychological wellbeing of detainees, and the future volume of prison litigation.

    Questions as Framed for the Court by the Parties

    Whether the Fourth Amendment permits a jail to conduct a suspicionless strip search of every individual arrested for any minor offense no matter what the circumstances.

    On March 3, 2005, police arrested Petitioner Albert Florence in New Jersey on an Essex County bench warrant while he was a passenger in his sport utility vehicle. See Florence v. Board of Chosen Freeholders595 F.Supp.2d 492, 496 (D.N.J.

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    Fitzgerald v. Barnstable School Committee

    Issues

    Does Title IX’s implied right of action provide an exclusive remedy for claims of gender discrimination in federally-funded academic institutions, therefore limiting the right to bring a separate claim for a violation of constitutional right to Equal Protection?

     

    Lisa and Robert Fitzgerald brought suit against the Barnstable School Committee (“Barnstable”) under both § 1983 and Title IX, claiming the district was deliberately indifferent to their daughter’s claims of sexual harassment by an older student on her school bus. Neither the police nor the school’s own investigation found enough evidence to charge or punish the alleged perpetrator. The federal district court dismissed the Fitzgeralds’ Title IX sexual discrimination claim on summary judgment. The court indicated that because Title IX prescribed the remedy for allegations of sexual discrimination in federally funded educational institutions, it foreclosed a separate § 1983 claim alleging a violation of a constitutional right to Equal Protection. The Fitzgeralds claim there are fundamental differences between the rights of action in § 1983 and Title IX, and that a statute intended to expand rights would never limit a constitutional right of action. Barnstable, however, maintains that Congress’s efforts to pass Title IX represented an entirely separate standard to govern sex discrimination in schools. Women’s rights groups claim that a decision to foreclose liability under § 1983 will make it more difficult to bring claims of sexual discrimination in educational institutions, while Barnstable claims that maintaining both causes of action would overexpose educational institutions to suits for violations committed by individuals, rather than just the institution itself.

    Questions as Framed for the Court by the Parties

    Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681(a), has been interpreted to provide an implied private right of action for sex discrimination by federally funded educational institutions. Section 1983 of Title 42 of the United States Code creates an express remedy for violations of the U.S. Constitution. Three courts of appeals have held that Title IX’s implied remedy does not foreclose Section 1983 claims to enforce the Constitution’s prohibition against invidious sex discrimination. In contrast, four circuits, including the First Circuit in this case, have held that Title IX’s implied right of action is the exclusive remedy for sex discrimination by federally funded educational institutions.

    The question presented is:

    Whether Title IX’s implied right of action precludes Section 1983 constitutional claims to remedy sex discrimination by federally funded educational institutions.

    After several months of displaying atypical behavior, kindergartner Jacqueline Fitzgerald reported to her parents (the “Fitzgeralds”) in February 2001 that an older student on her school bus was harassing her by forcing her to lift her skirt when she wore dresses. See Fitzgerald v. Barnstable School Committee504 F.3d 165, 169 (1st Cir.

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    · U.S. Department of Education—Title IX and Sexual Discrimination http://www.ed.gov/about/offices/list/ocr/docs/tix_dis.html

    · Workplace Prof Blog: Another Right Without a Remedy on the Way: Court Grants Cert in the Title IX Preclusion/Peer Sex Harassment Case (June 9, 2008)

    · Comment from Lisa and Robert Fitzgerald in The Flat Hat, student newspaper at The College of William & Mary http://flathatnews.com/content/68983/supreme-court-will-hear-title-ix-case

    · Criticism of U.S. Supreme Court’s decision to grant certiorari in Fitzgerald v. Barnstable School Committeehttp://www.openmarket.org/2008/07/22/fitzgerald-v-barnstable-school-committee-a-stealth-assault-on-the-state-action-doctrine/

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    Fisher v. University of Texas at Austin, et al.

    Issues

    Does the University of Texas at Austin’s use of racial preferences in its admissions process violate the Equal Protection Clause of the Fourteenth Amendment?

     

    In this case, the Supreme Court will consider whether the University of Texas at Austin (“UT”)’s admissions policy, which considers race, is constitutional under the Equal Protection Clause of the Fourteenth Amendment. Abigail Fisher applied to UT for admission to its 2008 freshman class. Fisher v. University of Texas at Austin, et al., 758 F.3d 633, 637 (5th Cir. 2014). As part of its admission process, UT  computes  and considers Personal Achievement Index (“PAI”) Scores, which include various personal characteristics of applicants, including their race. UT does not assign a numerical score or value to the elements of an applicant’s PAI. See id. at 638. Ultimately, UT denied Fisher admission based on her PAI scores, and Fisher would not have received a seat in the 2008 class, even with a perfect PAI score, regardless of race. See id. at 639. In Fisher I, Fisher alleged that UT’s admission policy violated the Fourteenth Amendment. The Supreme Court ultimately remanded that case to the Court of Appeals for the Fifth Circuit, so the appeals court could consider whether UT’s admission policy survives strict scrutiny under Grutter v. Bollinger, 123 S. Ct. 2325 (2003). See Fisher v. University of Texas at Austin, 133 S. Ct. 2411 (2013). The Fifth Circuit held that the policy did survive strict scrutiny. On appeal to the Supreme Court, Fisher argues that UT’s pursuit of intra-racial diversity is not a clearly articulated compelling government interest, and its admissions scheme is not narrowly tailored to achieving that interest. See Brief for Petitioner, Abigail Noel Fisher at 25, 30, 38. UT argues that the Court has already held that a university’s interest in diversity is  compelling,  and that UT’s admissions policy is narrowly  tailored,  because race-neutral approaches are insufficient to achieve its interest. See Brief for Respondents, University of Texas at Austin, et al. at 25, 40, 42. The outcome of this case will affect the admissions schemes and racial demographics of universities. 

    Questions as Framed for the Court by the Parties

    Can the Fifth Circuit’s re-endorsement of the University of Texas at Austin’s use of racial preferences in undergraduate admissions decisions be sustained under this Court’s decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Fisher  v.   University  of Texas at Austin?

    Abigail Fisher applied to the University of Texas at Austin (“UT”) for admission to its fall 2008 class. Fisher v. University of Texas at Austin, et al., 758 F.3d 633, 637 (5th Cir.

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    Fisher v. University of Texas at Austin

    Issues

    Does a public university violate the Equal Protection Clause of the Fourteenth Amendment when it considers race in admissions decisions?

     

     

    Petitioner Abigail Fisher, a white Texan, was denied admission to the University of Texas at Austin for the Fall 2008 entering class. Fisher sued the university, arguing that the denial violated her Fourteenth Amendment right to equal protection because she was denied admission to the public university in favor of minority applicants with lesser credentials. Fisher contends that the university’s admission policy cannot survive strict scrutiny as required by Grutter v. Bollinger. The university argues that its admissions policy is essentially identical to the policy upheld in Grutter. It asserts that its use of a holistic admissions process, considering race as one factor for admission, creates a diverse student body that benefits the entire university. This case allows the Supreme Court to reexamine Grutter, and it will have far-reaching implications for university admissions policies and racial demographics in schools throughout the United States.

    Questions as Framed for the Court by the Parties

    May the University of Texas at Austin consider race in undergraduate admissions decisions under the Fourteenth Amendment?

    The University of Texas at Austin (“UT”) is a public education institution, authorized by the Texas Constitution and backed by state and federal funding. See Fisher v. Univ. of Tex. at Austin, 631 F.3d 213, 226 (5th Cir.

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    First American Financial Corp. v. Edwards

    Issues

    Whether a plaintiff who identifies a violation of the Real Estate Settlement Procedures Act has standing under Article III when the plaintiff is among the category of victims that Congress sought to protect but does not allege a particular, concrete harm arising from the cause of action.

     

    In this case, the Supreme Court will decide whether a plaintiff has Article III standing to sue under the Real Estate Settlement Procedures Act (“RESPA”) when the plaintiff alleges no injury-in-fact. Respondent Denise Edwards contends that she has standing because, through RESPA, Congress identified a specific harm resulting from a conflict of interest between title insurance service firms and title agents who enter exclusive agreements to exchange referrals for kickbacks. Edwards argues that Congress tethered that harm to a certain class of plaintiffs, which includes Edwards. Respondent First American Financial Corporation rejoins that a plaintiff must allege a personal and concrete harm to gain Constitutional standing. Under this standard, First American asserts that Edwards alleged no such harm and thus lacks standing to sue. The Court’s decision here has the potential to greatly enhance plaintiffs’ ability to organize class actions and obtain relief for statutory violations in various industries and differing legal frameworks.

    Questions as Framed for the Court by the Parties

    Section 8(a) of the Real Estate Settlement Procedures Act of 1974 ("RESPA" or "the Act") provides that "[n]o person shall give and no person shall accept any fee, kickback, or thing of value pursuant to any agreement or understanding ... that business incident to or a part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person." 12 U.S.C. § 2607(a). Section 8(d)(2) of the Act provides that any person "who violate[s]," inter alia, § 8(a) shall be liable "to the person or persons charged for the settlement service involved in the violation in an amount equal to three times the amount of any charge paid for such settlement service." Id. § 2607(d)(2). The questions presented are:

    1. Did the Ninth Circuit err in holding that a private purchaser of real estate settlement services has standing under RESPA to maintain an action in federal court in the absence of any claim that the alleged violation affected the price, quality, or other characteristics of the settlement services provided?

    2. Does such a purchaser have standing to sue under Article III, § 2 of the United States Constitution, which provides that the federal judicial power is limited to "Cases" and "Controversies" and which this Court has interpreted to require the plaintiff to "have suffered an 'injury in fact,'" Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992)?

    LIMITED TO QUESTION 2 PRESENTED BY THE PETITION.

    To buy a house, an individual typically must obtain certain settlement services, such as title insurance. See 12 U.S.C.

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    Filarsky v. Delia

    Issues

    Whether a private attorney retained by the government is entitled to the defense of qualified immunity when the attorney is working with government employees in an internal affairs investigation.

     

    After petitioner Steve Filarsky, a private attorney retained by the City of Rialto to conduct an internal affairs investigation, prompted City officials to order respondent Nicholas Delia, a local firefighter, to consent to a warrantless search of his home, Delia brought a civil rights claim against both Filarsky and the City, alleging, among other things, a violation of his Fourth Amendment right to be free from unreasonable search and seizure. The district court granted a motion by Filarsky and the officials to dismiss the case on qualified immunity grounds, but the Ninth Circuit reversed in part, ruling that Filarsky, as a private attorney, could not enjoy immunity. Other circuit courts, however, have granted qualified immunity to private lawyers retained by the government. The Supreme Court must resolve the circuit split.

    Questions as Framed for the Court by the Parties

    Whether a lawyer retained to work with government employees in conducting an internal affairs investigation is precluded from asserting qualified immunity solely because of his status as a “private” lawyer rather than a government employee.

    Firefighter Delia claimed to feel sick after helping to clean up a toxic spill. See Delia v. City of Rialto, 621 F.3d 1069, 1071 (9th Cir.

    Acknowledgments

    The authors would like to thank former Supreme Court Reporter of Decisions Frank Wagner for his assistance in editing this preview.

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    Fernandez-Vargas v. Gonzalez

    Issues

    Where Congress has passed a law that bars individuals from adjusting their immigration status if they have been deported and then illegally reentered the country, should the law apply retroactively to an individual who illegally reentered the country before that law was passed?

     

    Humberto Fernandez-Vargas is a Mexican citizen who has been deported from and illegally reentered the United States numerous times. In January of 1982, Fernandez-Vargas illegally reentered the United States, where he remained, living and working in Utah, until his most recent deportation in 2004. During those twenty years, Fernandez-Vargas began a relationship and had a child with an American woman whom he married in 2001. After marrying, Mr. and Mrs. Fernandez-Vargas applied to adjust his immigrant status so Fernandez-Vargas could legally remain in the United States. However, in 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which revised an earlier provision of the Immigration and Nationality Act and, consequently, might have eliminated Fernandez-Vargas’ ability to adjust his status. The Supreme Court must decide whether the revised law should apply to and eliminate relief for Fernandez-Vargas, who illegally reentered the country prior to the legislation’s enactment.

    Questions as Framed for the Court by the Parties

    Whether and under what circumstances INA § 241(a)(5) (a.k.a. § 1231(5)) applies to an alien who reentered the United States illegally before the effective date of Illegal Immigration Reform and Immigrant Responsibility Act, April 1, 1997.

    Over the last thirty years, Hernando Fernandez-Vargas, a native and citizen of Mexico, has illegally entered and been deported from the United States several times. Brief for the Petitioner at 5, Fernandez-Vargas v. Gonzalez, U.S. (No. 04–1376).

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