Today in Supreme Court History: May 21

Bell Atlantic v. Twombly, 550 U.S. 544 (decided May 21, 2007): mere allegation of parallel conduct insufficient to state an antitrust claim by subscribers against local telephone companies created in the wake of the antitrust breakup of AT&T

Epic Systems Corp. v. Lewis, 584 U.S. 497 (decided May 21, 2018): citing Federal Arbitration Act, enforces class action waivers in employment contracts; not “concerted activities” protected under National Labor Relations Act

May v. New Orleans, 178 U.S. 496 (decided May 21, 1900): when imported bulk goods were opened and sold as separate packages (these were household goods such as towels, embroideries) they were no longer “imports” and therefore City’s tax assessment was not unconstitutional State-based tariff in violation of Import-Export Clause (art. I, §10, cl. 2)

In re Green, 369 U.S. 689 (decided May 21, 1962): picketer arrested for defying anti-picketing state court order was entitled to hearing to argue that contempt order was void because his grievance fell within NLRB’s exclusive jurisdiction

Wagner Electric Mfg. Co. v. Lyndon, 262 U.S. 226 (decided May 21, 1923): District Court appeal which should have gone directly to the Supreme Court (under 28 U.S.C. §238(a), now repealed) but was appealed to the Circuit Court would be decided directly by the Supreme Court instead of sending it back to the Circuit Court to transfer back to Supreme Court (a sensible course of action)

Baltimore & Ohio Ry. Co. v. ICC, 221 U.S. 612 (decided May 21, 1911): statute setting maximum hours of common carrier employees was properly within Commerce Clause power (even though business was mostly intrastate) and Interstate Commerce Commission was properly empowered by Congress to enforce it; requirement that carriers supply monthly reports of excess hours did not violate Fifth Amendment because privilege against self-incrimination is enjoyed by individuals, not corporations

Holder v. Martinez Gutierrez, 566 U.S. 583 (decided May 21, 2012): years that parent already resided in this country before child arrived do not count toward five-year minimum lawful presence requirement so as to cancel removal under 8 U.S.C. §1229(b)(a) (child, now young adult, subject to removal for drug offense)

Barnicki v. Vopper, 532 U.S. 514 (decided May 21, 2001): First Amendment protected broadcast of surreptitiously recorded cell phone call between teacher’s union officials during collective bargaining negotiations (distinguishing Pamela Anderson/Tommy Lee sex tape case, Michaels v. Internet Entertainment Group, 5 F. Supp. 2d 823, which involved matter of private concern)

Chaffin v. Stynchombe, 412 U.S. 17 (decided May 21, 1973): higher sentence imposed by jury on retrial is not “Double Jeopardy” because jury not informed of first conviction and sentence not due to vindictiveness (charge was robbery, sentenced to 15 years, lawyer thought he was doing client a favor by getting conviction thrown out due to incorrect jury instruction; retrial sentence was life imprisonment -- d’oh!!)