Supreme Court issues three rulings Tuesday
Yesterday, the Supreme Court issued rulings in three cases that were argued before it last fall. The SCOTUS has now issued 20 opinions this term, with 19 cases remaining to be heard and 31 cases for which they have yet to issue an opinion.
Air and Liquid Systems Corp. v. DeVries
In Air and Liquid Systems Corp. v. DeVries, the Court affirmed a district court ruling that “a product manufacturer has a duty to warn when (i) its product requires incorporation of a part, (ii) the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and (iii) the manufacturer has no reason to believe that the product’s users will realize that danger.”
The case was brought by the widows of two United States Navy sailors who were exposed to asbestos while they were serving on Navy ships who argued that their husbands developed cancer because of the exposure. The manufacturers had argued that they were not liable for the sailors’ deaths because they did not make or supply the asbestos-containing components.
Justice Kavanaugh wrote the opinion for the 6-3 majority. Justice Gorsuch authored the dissent, which was joined by Justices Thomas and Alito.
Nielsen v. Preap
In Nielsen v. Preap, the Court, in a 5-4 decision, reversed a 9th Circuit Court of Appeals ruling and held that the mandatory detention provision of the Immigration and Naturalization Act still applies to defendants even if they are not detained immediately after being released from criminal custody.
The case involved two plaintiffs who served criminal sentences, were released, and then years later were taken into custody and detained by immigration authorities without bond hearings.
Justice Alito wrote the majority opinion, which was joined by Justices Roberts, Thomas, Gorsuch, and Kavanaugh, while Justice Breyer’s dissenting opinion was joined by Justices Ginsburg, Sotomayor, and Kagan.
Since 2007, the Supreme Court has reversed more cases brought to it from the 9th Circuit than any other appeals court. Because SCOTUS has heard more cases originating from that circuit, the reversal rate over that time (75.5 percent) is the fourth-highest of the 13 federal appellate courts.
Washington State Department of Licensing v. Cougar Den Inc.
In Washington State Department of Licensing v. Cougar Den Inc., the Court affirmed a Washington State Supreme Court ruling that a fuel wholesaler owned by a member of the Yakama Indian Nation was exempt from paying state fuel taxes for using public highways because the Yakama Treaty of 1855 granted members of the Nation the right “to travel upon all public highways,” and preempted its obligation to pay the tax.
The decision was 5-4, with Justice Breyer issuing an opinion supported by Justices Sotomayor and Kagan, and Justice Gorsuch writing a concurring opinion that was joined by Justice Ginsburg. Justices Roberts and Kavanaugh authored dissenting opinions, which were joined by Justices Thomas and Alito.
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