UNITED STATES, PETITIONER,
v.
MICHAEL CLARKE, ET AL.

U.S. | 2014-01-10
No. 13–301.
134 S. Ct. 895 Supreme Court of the United States (2014) Positive Treatment
Also reported at: 187 L. Ed. 2d 701 · 571 U.S. 1118 · 82 U.S.L.W. 3403
Cited by 12 cases

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  • POM Wonderful LLC v. The Coca-Cola Co., 134 S. Ct. 2228 (U.S. 2014)
    …ory scheme," the Court of Appeals barred POM's Lanham Act claim. Id., at 1178. II A This Court granted certiorari to consider whether a private party may bring a Lanham Act claim challenging a food label that is regulated by the FDCA. 571 U.S. ----, 134 S.Ct. 895, 187 L.Ed.2d 701 (2014). The answer to that question is based on the following premises. First, this is not a pre-emption case. In pre-emption cases, the question is whether state law is pre-empted by a federal statute, or in some instances, a fe…
  • Republic OF Argentina v. NML Cap., Ltd., 134 S. Ct. 2250 (U.S. 2014)
    …Discovery Order involves discovery, not attachment of sovereign property, and because it is directed at third-party banks, not at Argentina itself, Argentina's sovereign immunity is not infringed." Id., at 205. We granted certiorari. 571 U.S. ----, 134 S.Ct. 895, 187 L.Ed.2d 701 (2014). II. Analysis A The rules governing discovery in postjudgment execution proceedings are quite permissive. Federal Rule of Civil Procedure 69(a)(2) states that, "[i]n aid of the judgment or execution, the judgment creditor .…
  • United States v. Clarke, 134 S. Ct. 2361 (U.S. 2014)
    …r Court of Appeals has rejected the Eleventh Circuit's view that a bare allegation of improper motive entitles a person objecting to an IRS summons to examine the responsible officials.2 We granted certiorari to resolve that conflict, 571 U.S. ----, 134 S.Ct. 895, 187 L.Ed.2d 701 (2014), and we now vacate the Eleventh Circuit's opinion. II A person receiving an IRS summons is, as we have often held, entitled to contest it in an enforcement proceeding. See United States v. Bisceglia, 420 U.S. 141, 146, 95 S.C…

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