Nitro-Lift Technologies, LLC v. Howard
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Background
2012 term per curiam opinions of the Supreme Court of the United States
(Redirected from Nitro-Lift Technologies, L.L.C. v. Howard )
The Supreme Court of the United States handed down six _per curiam _ opinions during its 2012 term, which began October 1, 2012 and concluded October 6, 2013.
Because per curiam decisions are issued from the Court as an institution, these opinions all lack the attribution of authorship or joining votes to specific justices. All justices on the Court at the time the decision was handed down are assumed to have participated and concurred unless otherwise noted.
Contents
Court membership
(https://en.wikipedia.org/w/index.php?title=2012_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States&action=edit§ion=1 "Edit section: Court membership")
Chief Justice: John Roberts
Associate Justices: Antonin Scalia , Anthony Kennedy , Clarence Thomas , Ruth Bader Ginsburg , Stephen Breyer , Samuel Alito , Sonia Sotomayor , Elena Kagan
Lefemine v. Wideman
(https://en.wikipedia.org/w/index.php?title=2012_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States&action=edit§ion=2 "Edit section: Lefemine v. Wideman")
568 U.S. 1
Decided November 5, 2012.
Fourth Circuit vacated and remanded.
The Supreme Court vacated a Fourth Circuit ruling that a civil rights plaintiff who had been awarded an injunction, but not monetary damages, was not entitled to attorney's fees as a "prevailing plaintiff" under 42 U.S.C. §1988. The Court ruled that the plaintiff was indeed a "prevailing plaintiff" within the meaning of 42 U.S.C. §1988, "[b]ecause the injunction ordered the defendant officials to change their behavior in a way that directly benefited the plaintiff", and that the plaintiff was therefore entitled to attorney's fees.
Nitro-Lift Technologies, L. L. C. v. Howard
(https://en.wikipedia.org/w/index.php?title=2012_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States&action=edit§ion=3 "Edit section: Nitro-Lift Technologies, L. L. C. v. Howard")
568 U.S. 17
Decided November 26, 2012.
Supreme Court of Oklahoma vacated and remanded.
The U.S. Supreme Court vacated the Oklahoma Supreme Court 's ruling that a noncompetition covenant in an employment contract was unenforceable under state law, where the contract as a whole was subject to arbitration. Under the Federal Arbitration Act , the Court wrote, "it is for the arbitrator to decide in the first instance whether the covenants not to compete are valid as a matter of applicable state law."
Marshall v. Rodgers
(https://en.wikipedia.org/w/index.php?title=2012_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States&action=edit§ion=4 "Edit section: Marshall v. Rodgers")
569 U.S. 58
Decided April 1, 2013.
In light of the tension between the Sixth Amendment's guarantee of the right to counsel at all critical stages of the criminal process and its concurrent promise of a constitutional right to proceed without counsel when a criminal defendant voluntarily and intelligently elects to do so, it cannot be said that California’s approach is contrary to or an unreasonable application of the general standards established by the Supreme Court's assistance-of-counsel cases. Because the habeas petition needed to be supported by clearly established law, the court denied it.
Ninth Circuit reversed and remanded.
Boyer v. Louisiana
(https://en.wikipedia.org/w/index.php?title=2012_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States&action=edit§ion=5 "Edit section: Boyer v. Louisiana")
569 U.S. 238
Argued January 14, 2013.
Decided April 29, 2013.
The Court dismissed the writ of certiorari as improvidently granted
.
Alito filed a concurrence, joined by Scalia and Thomas. Sotomayor filed a dissent, joined by Ginsburg, Breyer, and Kagan.
Nevada v. Jackson
(https://en.wikipedia.org/w/index.php?title=2012_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States&action=edit§ion=6 "Edit section: Nevada v. Jackson")
569 U.S. 505
Decided June 3, 2013.
In a trial for rape, the defendant sought to introduce extrinsic evidence to impeach the accuser by showing that they had accused the defendant in the past. The exception to the rape-shield rule required the defendant to give notice of this intention so that the court could hold a hearing about it. No decision of the Supreme Court clearly establishes that the notice requirement is unconstitutional, and the Supreme Court has never held that the Confrontation Clause entitles a criminal defendant to introduce extrinsic evidence for impeachment. Because the habeas petition needed to be supported by clearly established law, the court denied it.
Ninth Circuit reversed and remanded.
Ryan v. Schad
(https://en.wikipedia.org/w/index.php?title=2012_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States&action=edit§ion=7 "Edit section: Ryan v. Schad")
570 U.S. 521
Decided June 24, 2013.
The Ninth Circuit abused its discretion when it neglected to issue its mandate after the Supreme Court denied certiorari. Ninth Circuit reversed, vacated, and remanded.
See also
(https://en.wikipedia.org/w/index.php?title=2012_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States&action=edit§ion=8 "Edit section: See also")
References
(https://en.wikipedia.org/w/index.php?title=2012_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States&action=edit§ion=9 "Edit section: References")
- "2012 Term Opinions of the Court" . Supreme Court of the United States . Retrieved October 7, 2013.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.