Today in Supreme Court History: March 30

Ex parte Wilson, 114 U.S. 417 (decided March 30, 1885): crime punishable by years of hard labor is a Fifth Amendment “infamous crime” requiring grand jury indictment (15 years for counterfeiting)

Pecheur Lozenge Co. v. National Candy Co., 315 U.S. 666 (decided March 30, 1942): suit over wrapper design was common law trademark infringement (I didn’t know there was such a thing), not registered with Patent Office as alleged, so local law applied in diversity action (candy cigarettes, just what the world needed, https://www.kevinsavagecards. com /lot-84452.aspx, I remember those as a kid)

Georgia Ry. & Electric Co. v. City of Decatur, 297 U.S. 620 (decided March 30, 1936): not denial of Equal Protection or uncompensated Taking to require streetcar company to pave rest of road at own expense

CITGO Asphalt Refining Co. v. Frescati Shipping Co., 589 U.S. 348 (decided March 30, 2020): tanker operator was entitled to reimbursement from charterer pursuant to charter warranty for cleanup of 264,000 gallons of crude oil when tanker hit abandoned anchor in Delaware River 900 feet from refinery dock

Luis v. United States, 578 U.S. 5 (decided March 30, 2016): government can’t freeze “innocent” (i.e., not fraud-related) assets defendant needed to access to pay for her lawyer (this was Sila Luis, who defrauded Medicare of $45 million, almost all of which she had already spent; ended up being ordered to pay that amount in restitution, though by then I don’t know how she would do that

Jones v. Harris Assocs., 559 U.S. 335 (decided March 30, 2010): investment advisor to mutual fund liable under Investment Company Act for “disproportionately high” fees (couldn’t find someone cheaper?)

Smith v. City of Jackson, Mississippi, 544 U.S. 228 (decided March 30, 2005): older police officers receiving lower raises than younger ones did not state age discrimination complaint when there was rational reason for disparity (the need to retain good younger officers) (there’s something not right about that idea)

Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280 (decided March 30, 2005): Rooker - Feldman doctrine (state court losers can’t run to federal court to nullify results on Constitutional grounds) does not require federal suit dismissal if suits brought concurrently and state suit happens to go to judgment first

United States v. Flores-Montano, 541 U.S. 149 (decided March 30, 2004): no warrant needed to search gas tank in vehicle entering United States (driver at border crossing did not have reasonable expectation of privacy; drugs found there) (they’ve tightened up since “Henry”’s day, see NRPS’s song of that name, on youtube)

United States v. United Continental Tuna Corp., 425 U.S. 164 (decided March 30, 1976): Philippine shipper can’t sue for damage caused by U.S. Navy vessel; Suits in Admiralty Act appears to allow it, but precluded by Public Vessels Act because Philippines offered no reciprocity