Today in Supreme Court History: May 13

Apple v. Pepper, 587 U.S. 273 (decided May 13, 2019): purchasers of apps at App Store are direct purchasers and therefore can sue Apple as a monopoly under Clayton Act (as of this writing litigation is ongoing)

Bowman v. Monsanto, 569 U.S. 278 (decided May 13, 2013): it is a patent infringement for a farmer to sell soybean seeds produced by plants grown from patented genetically modified soybean seeds

Brady v. Maryland, 373 U.S. 83 (decided May 13, 1963): prosecution must turn over all evidence favorable to defendant

Morris & Co. v. Skandinava Ins. Co., 279 U.S. 405 (decided May 13, 1929): no jurisdiction over insurance dispute where only connection with forum state (Mississippi) was reinsuring some risks there; policy at issue was issued in South America, loss occurred there, and defendant was based in another state (Louisiana)

United States v. Noland, 517 U.S. 535 (decided May 13, 1996): bankruptcy court can re-order priority of creditors but not as to the IRS which has statutory priority unless “inequitable conduct”

Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (decided May 13, 1991): Age Discrimination in Employment Act of 1967 did not void arbitration clause in securities representative’s employment contract

Cochise Consultancy, Inc. v. United States ex rel. Hunt, 587 U.S. 262 (decided May 13, 2019): statute of limitations for qui tam (“private attorney general”) action is same whether or not United States agrees to intervene (construing 31 U.S.C. §3731) (suit alleged contractors submitted fraudulent invoices for security guard work in Iraq)

44 Liquormart v. Rhode Island, 517 U.S. 484 (decided May 13, 1996): statute prohibiting advertising liquor prices violated First Amendment

Kremen v. United States, 353 U.S. 346 (decided May 13, 1957): warrant needed to search and seize entire contents of cabin where defendants (two fugitives from justice and two accused of helping them) had been hiding and which police had surveilled for 24 hours; Court appends extensive list of innocuous items seized; I was born that year and it reminds me of life when I was a little kid, right down to the Kent cigarettes my mother smoked and my Swingline “Tot” stapler

In re Nielsen, 131 U.S. 176 (decided May 13, 1889): Double Jeopardy Clause precluded prosecuting Utah man for adultery involving one woman where he had already served time for bigamy at the same time involving her and another woman

Lapides v. Board of Regents of University System of Georgia, 535 U.S. 613 (decided May 13, 2002): state waives its Eleventh Amendment immunity when it removes a case to federal court (issue arose because after removal federal claims dismissed, leaving only state law claims)