Tuesday, June 27, 2017

Final Day of Opinions at SCOTUS: Lots of Civil Procedure & Federal Courts Issues

On the last day of opinions for the October 2016 Term, the Court handed down decisions involving a range of civil procedure and federal courts issues:

  • In California Public Employees’ Retirement System v. ANZ Securities, Inc., the Court held that the American Pipe tolling rule for class actions does not apply to the 3-year statute of repose in § 13 of the 1933 Securities Act.
  • In Davila v. Davis, the Court held that, for purposes of a federal habeas petition, ineffective assistance by the prisoner’s state postconviction counsel cannot excuse a defaulted claim of ineffective assistance of appellate counsel.
  • In Hernandez v. Mesa, which “involves a tragic cross-border incident in which a United States Border Patrol agent standing on United States soil shot and killed a Mexican national standing on Mexican soil,” the Court remanded the case for the Fifth Circuit to reconsider its rulings on Bivens and qualified immunity.
  • In Trump. v. International Refugee Assistance Project, the Court granted certiorari to review two rulings that enjoined Trump’s executive orders on immigration. Pending review, the Court stayed those injunctions “with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States.”

 

 

 

http://lawprofessors.typepad.com/civpro/2017/06/final-day-of-opinions-at-scotus-lots-of-civil-procedure-federal-courts-issues-.html

Federal Courts, Recent Decisions, Supreme Court Cases | Permalink

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