SCOTUScast 5-12-15 featuring Richard Peltz-Steele
On April 22, 2015, the Supreme Court issued its decision in two related cases: United States v. Wong and United States v. June.
In both cases the central issue is whether the time limit for filing a lawsuit or claim with a federal court or agency under the Federal Tort Claims Act can be suspended, or “tolled,” for reasons of equity.
In an opinion delivered by Justice Kagan, the Court held by a vote of 5-4 that limitations periods under the Federal Tort Claims Act are subject to equitable tolling. Justices Kennedy, Ginsburg, Breyer, and Sotomayor joined Justice Kagan’s opinion for the Court. Justice Alito filed a dissenting opinion, which Chief Justice Roberts and Justices Scalia and Thomas joined. The decision of the Ninth Circuit was affirmed and the case remanded.
To discuss the case, we have Prof. Richard Peltz-Steele, who is a Professor of Law at the University of Massachusetts at Dartmouth School of Law. SCOTUScast 4-29-15 featuring Daniel Lyons
Daniel Lyons April 29, 2015
On April 21, 2015, the Supreme Court decided Oneok, Inc. v. Learjet. The question in this case is whether the Natural Gas Act preempts state-law antitrust claims which challenge industry practices that directly affect the wholesale natural gas market when those claims are asserted by litigants who purchased gas in retail transactions.
In an opinion delivered by Justice Breyer, the Court held by a vote of 7-2 that although the Natural Gas Act occupies the field of matters relating to wholesale sales and transportation of natural gas in interstate commerce, the state law antitrust claims in this case may nevertheless proceed and are not preempted. Justice Breyer’s opinion for the Court was joined in full by Justices Kennedy, Ginsburg, Alito, Sotomayor, and Kagan, and by Justice Thomas except as to Part I-A. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Scalia filed a dissenting opinion, which Chief Justice Roberts joined. The judgment of the Ninth Circuit was affirmed.
To discuss the case, we have Daniel Lyons, who is an Associate Professor of Law at the Boston College Law School.