Today in Supreme Court History: November 8

Greene v. Fisher, 565 U.S. 34 (decided November 8, 2011): “clearly established federal law” required for habeas does not include law established by Court in decision announced after state appeals on facts are exhausted

United States v. Olson, 546 U.S. 43 (decided November 8, 2005): Federal Tort Claims Act allows only for torts for which state law holds private parties (not governmental entities) liable, and court must determine if state law provides private law analogies for the duties of governmental entities (here, mine inspectors)

U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18 (decided November 8, 1994): federal courts don’t automatically vacate judgments simply because a settlement has been reached; appeal dismissed as moot, so judgment stands (one imagines that the paying party didn’t want to have a Satisfaction of Judgment filed because it might be seen as admitting liability)