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   Federal Courts - U. S. Supreme Court - January 9 - January 12, 2007

  
Burton v. Stewart, No. 05-9222, SUPREME COURT OF THE UNITED STATES, January 9, 2007, Decided
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Overview: Even though state prison inmate's habeas corpus petition asserted claims which were not exhausted in state court at time prior petition was denied, instant petition was second or successive petition and thus jurisdiction was lacking since inmate did not obtain appellate court authorization for second petition as required by 28 U.S.C.S. § 2244.

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MedImmune, Inc. v. Genentech, Inc., No. 05-608, SUPREME COURT OF THE UNITED STATES, January 9, 2007, Decided
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Overview: A patent licensee's payment of royalties under protest did not preclude a justiciable case or controversy under U.S. Const. art. III, since licensors' threatened legal action was coercive and preserved the licensee's right under the Declaratory Judgment Act to seek a declaration that the patent was invalid, unenforceable, or not infringed.

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United States v. Resendiz-Ponce, No. 05-998, SUPREME COURT OF THE UNITED STATES, January 9, 2007, Decided
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Overview: Respondent's indictment alleging attempted illegal reentry under 8 U.S.C.S. § 1326(a) was not defective for failing to specifically allege a particular overt act, because it implicitly alleged that he engaged in the necessary overt act simply by alleging that he attempted to enter the United States; it also complied with Fed. R. Crim. P. 7(c)(1).

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Norfolk Southern Ry. v. Sorrell, No. 05-746, SUPREME COURT OF THE UNITED STATES, January 10, 2007, Decided
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Overview: In a FELA case arising from a railroad employee's accident, Missouri state courts erroneously applied different standards of causation to determine the railroad's negligence under 45 U.S.C.S. § 51 and the employee's contributory negligence under 45 U.S.C.S. § 53. FELA did not depart from the common-law practice of using the same causation standard.

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Ocwen Loan Servicing, LLC v. Washington, No. 05-1544 (R46-006), SUPREME COURT OF THE UNITED STATES, January 10, 2007, Decided
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Hinck v. United States, No. 06-376., SUPREME COURT OF THE UNITED STATES, January 12, 2007, Decided
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Struhs v. Wyner, No. 06-531., SUPREME COURT OF THE UNITED STATES, January 12, 2007, Decided
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Uttecht v. Brown, No. 06-413., SUPREME COURT OF THE UNITED STATES, January 12, 2007, Decided
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Watson v. Philip Morris Cos., No. 05-1284., SUPREME COURT OF THE UNITED STATES, January 12, 2007, Decided
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