THOMPSON R2-J SCHOOL v. LUKE P., EX REL. JEFF P.
August 29, 2008
Supreme Court nominee Neil Gorsuch's 2008 decision that lowered the educational benefits mandated by IDEA to "merely more than de minimis," which was then rejected in a unanimous decision by the Supreme Court handed down during Gorsuch's Senate confirmation hearing.
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ENDREW F. EX REL. JOSEPH F. v. DOUGLAS COUNTY SCHOOL DIST. RE-1
March 22, 2017
Supreme Court's unanimous ruling rejecting nominee to the Court Neil Gorsuch's lower IDEA standard on educational benefits for children with disabilities.
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HOBBY LOBBY STORES, INC. v. SEBELIUS
June 27, 2013
Supreme Court nominee Neil Gorsuch chose Hobby Lobby, an important religion-based test of Obamacare, as one his most significant cases, writing, "The en banc court held that the companies had standing to sue and reversed the district court's denial of a preliminary injunction. The en banc majority, which I joined, concluded that the companies had demonstrated a likelihood of success on their RFRA claim and satisfied the irreparable harm requirement. In a concurring opinion, I explained why the Greens, as individuals, also had standing to sue and were entitled to relief. I also explained that the Anti-Injunction Act did not apply."
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YELLOWBEAR v. LAMPERT
January 23, 2014
Neil Gorsuch chose another religious freedom opinion as one his most significant cases, writing about its outcome: "Mr. Yellowbear demonstrated that access to a sweat lodge is a form of religious exercise in his Northern Arapaho faith and the prison's denial of access to the sweat lodge was a substantial burden on that religious exercise. The prison failed to carry its burden of establishing a compelling interest because it asserted only that the costs were 'unduly burdensome' while failing to quantify those costs in any way. The prison also failed to show that a complete denial of access to the sweat lodge was the least restrictive means of accommodating its concerns. This opinion was quoted by Justice Sotomayor's concurrence in a separate RLUIPA case."
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U.S. v. CARLOSS
March 11, 2016
In the Supreme Court nominee's list of his 10 most significant cases, Neil Gorsuch said of this decision on a warrantless search: "The court of appeals held that the officers did not violate the Fourth Amendment by entering the home's curtilage because they had 'implied consent' to do so. In a dissenting opinion, I noted that the area immediately surrounding the home is protected by the Fourth Amendment under Supreme Court precedent. I explained as well that, under Supreme Court precedents, there is no 'implied consent' to enter a home's curtilage when it and the path to it contain repeated 'no trespassing' warnings explaining that entry is not permitted. I noted that the officers would have been free to enter with a warrant or in emergency circumstances."
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GUTIERREZ-BRIZUELA v. LYNCH
August 23, 2016
Supreme Court nominee Neil Gorsuch chose this case about courts deferring to federal agencies as one of the 10 most significant cases over which he presided. About its disposition, he said, "In a separate concurrence, I questioned judicial deference to agency legal interpretations. My opinion noted that the Administrative Procedure Act vests the courts with the power and duty to interpret statutory provisions, that deferring to an agency's interpretation may be in tension with Congress's statutory directive, and that this practice may raise due process (fair notice) and separation of powers concerns."
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MHC MUT. CONVERSION v. SANDLER O'NEILL & PARTNERS
August 1, 2014
In this dispute related to claims of securities fraud arising out of the 2008 financial crisis, SCOTUS nominee Gorsuch said, "The panel held that entities can be liable under section 11 for an opinion if the plaintiff shows that the opinion is objectively false and the speaker did not believe it. Although section 11 is only triggered for an 'untrue statement of a material fact,' an opinion qualifies as a factual claim of the speaker's state of mind -- and so an opinion can be a false statement of fact if the speaker does not actually believe it. Further, because no harm results from relying on an opinion that proves true, the statement must also be objectively false. The plaintiffs in this case failed to make any allegations that the company disbelieved the opinion it issued. Accordingly, the panel affirmed the district court. The Supreme Court, in a separate, subsequent opinion, similarly held that opinions can be grounds for liability under section 11, because opinions can convey facts about the speaker's basis for forming that view."
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CAPLINGER v. MEDTRONIC, INC.
April 21, 2015
In response to the Senate Judiciary Committee's request for his top 10 most significant cases, Neil Gorsuch said about this case concerning FDA warning labels: "After discussing Supreme Court precedent on preemption and the [Medical Device Amendments], the panel held that a plaintiff may bring a state law claim for highly regulated medical devices if she demonstrates that the duty from the state law is narrower than the related federal regulation specific to that particular device. Because the plaintiff failed to identify parallel federal requirements that her state law claims were narrower than, the panel affirmed the district court's dismissal."
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U.S. v. RENTZ
February 3, 2015
Supreme Court nominee Neil Gorsuch chose this decision about violent crime charges as one of his most significant. He said, "The en banc court held that each charge under Section 924(c) requires a separate 'use' of a firearm. Looking at the statutory text, the court concluded that the phrase 'during and in relation to any crime of violence or drug trafficking crime' modifies the phrase 'uses or carries a firearm,' and an individual cannot use a firearm during and in relation to crimes of violence more than the total number of times he or she uses a firearm. To the extent any ambiguity remained in the statutory language, the court employed the rule of lenity to resolve it -- a tool of statutory construction that compels courts to interpret ambiguities in criminal statutes in favor of the defendant. The court found that the rule of lenity was especially appropriate here because the government itself had argued in another en banc case before another circuit that the number of 'uses,' not the number of 'crimes of violence,' limits the number of available charges."
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LEE v. MAX INTERN., LLC
May 3, 2011
Explaining the outcome of this case regarding sanctions for abuses of the discovery process, SCOTUS nominee Gorsuch said, "The panel held that the district court did not abuse its discretion in dismissing the case for failure to comply with several orders compelling production of the same discovery materials. The panel explained that a litigant should not count on more than three chances to make good a discovery obligation before incurring repercussions."
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KAY ELEC. CO-OP. v. CITY OF NEWKIRK, OKLA.
July 29, 2011
Neil Gorsuch highlighted this antitrust immunity decision, later cited by the Supreme Court, as one of his most significant, saying: "The Tenth Circuit reversed. While states generally enjoy immunity from the Sherman Act until Congress says otherwise, that immunity does not always extend to municipal governments. Instead, a municipality is exempt from antitrust laws only when its parent state clearly authorizes it to engage in anticompetitive conduct. In this case, the Oklahoma state legislature never permitted the city to engage in such anticompetitive conduct. Indeed, the most specific statutes on point showed the state's clear preference for, not against, competition in the provision of electricity. The Supreme Court, in a unanimous opinion, later cited this opinion and approved its reasoning."
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U.S. v. DOLAN
June 26, 2009
Reaching back to 2009, this is the oldest decision among Neil Gorsuch's choices for his 10 most significant cases. He said, "The panel held that the [Mandatory Victims Restitution Act] deadline is not a jurisdictional bar and the district court did not abuse its discretion in deciding the amount of monthly restitution payments. The Supreme Court subsequently granted the defendant's petition for a writ of certiorari and affirmed, holding that even if a sentencing court misses the 90-day deadline it still retains the power to order restitution, at least where (as here) the court clearly stated within the 90-day window that it would order restitution."
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Entek GRB, LLC V. Stull Ranches, LLC
Filed November 8, 2016.
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Planned Parenthood Association of Utah v. Herbert
Filed October 28, 2016.
Dissenting Opinion
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UTE INDIAN TRIBE OF THE UINTAH v. MYTON
August 29, 2016.
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LEXINGTON INSURANCE CO. v. PRECISION DRILLING CO.
July 26, 2016.
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EL ENCANTO, INC. v. HATCH CHILE COMPANY, INC.
June 17, 2016.
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CARING HEARTS PERSONAL HOME SERVICES v. BURWELL
Filed May 31, 2016.
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ESPINOZA v. ARKANSAS VALLEY ADVENTURES, LLC
January 5, 2016.
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A.F. v. ESPANOLA PUBLIC SCHOOLS
September 15, 2015.
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ENERGY AND ENVIRONMENT LEGAL INSTITUTE v. EPEL
July 13, 2015.
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IN RE RENEWABLE ENERGY DEVELOPMENT CORP.
July 10, 2015.
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ACAP FINANCIAL, INC. v. U.S. S.E.C.
April 3, 2015.
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DAVID v. SIRIUS COMPUTER SOLUTIONS, INC.
March 10, 2015.
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MYERS v. KNIGHT PROTECTIVE SERVICE, INC.
December 22, 2014.
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TEAMSTERS LOCAL UNION NO. 455 v. N.L.R.B
August 27, 2014.
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ENTEK GRB, LLC v. STULL RANCHES, LLC
August 14, 2014.
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MHC MUT. CONVERSION v. SANDLER O'NEILL & PARTNERS
August 1, 2014.
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HOWARD v. FERRELLGAS PARTNERS, L.P.
April 8, 2014.
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STORAGECRAFT TECHNOLOGY CORP. v. KIRBY
March 11, 2014.
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NOVELL, INC. v. MICROSOFT CORP.
September 23, 2013.
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WATSON v. STATE OF MISSOURI
Filed August 25, 2016.
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UNITED PLANNERS FINANCIAL SERVICES OF AMERICA, L.P. v. SAC AND FOX NATION
June 6, 2016.
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CRAINE v. NATIONAL SCIENCE FOUNDATION
May 19, 2016.
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BROUGHTON v. MERIT SYSTEMS PROTECTION BOARD
Filed May 5, 2016.
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JOHNSON v. OKLAHOMA DEPARTMENT OF TRANSPORTATION
April 20, 2016.
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KONTGIS v. SALT LAKE CITY CORPORATION
April 18, 2016.
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GARRETT v. BRANSON COMMERCE PARK COMMUNITY IMPROVEMENT DISTRICT
April 14, 2016.
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ESTATE OF BLECK v. CITY OF ALAMOSA
Filed March 28, 2016.
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DU MERAC v. COLORADO SCHOOL OF MINES
March 22, 2016.
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FRY v. AMERICAN HOME ASSURANCE COMPANY
February 25, 2016.
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GAMBRILL v. UNIFIED GOVERNMENT OF WYANDOTTE COUNTY
February 5, 2016.
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JEMANEH v. THE UNIVERSITY OF WYOMING
November 25, 2015.
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DURAN v. MARATHON ASSET MANAGEMENT, LP
November 4, 2015.
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IN RE EXPERT SOUTH TULSA, LLC
October 19, 2015.
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RADER v. COMMISSIONER OF INTERNAL REVENUE
October 14, 2015.
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PEREZ-CARRERA v. STANCIL
Filed October 6, 2015.
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PATRIOT MANUFACTURING, LLC v. HARTWIG, INC.
August 21, 2015.
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GENERAL STEEL DOMESTIC SALES, LLC v. CHUMLEY
July 31, 2015.
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MATA v. JACKSON COUNTY THIRD JUDICIAL DISTRICT COURT
June 17, 2015.
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BACKCOUNTRY HUNTERS AND ANGLERS v. UNITED STATES FOREST SERVICE
May 27, 2015.
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CCPS TRANSPORTATION, LLC v. SLOAN
May 27, 2015.
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FRANCO v. THE BOARD OF COUNTY COMMISSIONER
Filed April 14, 2015.
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VIGIL v. BENT COUNTY CORRECTIONAL FACILITY CORRECTIONAL OFFICER
March 13, 2015.
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BANKS v. AMERICAN BAPTIST CHURCHES
February 3, 2015.
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BROWN v. METROPOLITAN TULSA TRANSIT AUTHORITY
December 19, 2014.
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YARBARY v. MARTIN, PRINGLE, OLIVER, WALLACE & BAUER, LLP
Filed November 24, 2014.
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KOBEL v. LANSING CORRECTIONAL FACILIT
August 28, 2014.
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TRUGREEN COMPANIES, LLC v. MOWER BROTHERS, INC.
July 2, 2014.
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HOGAN v. UTAH TELECOMMUNICATION OPEN INFRASTRUCTURE AGENCY
May 7, 2014.
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DURAN v. ATTORNEY GENERAL OF STATE OF NEW MEXICO
May 2, 2014.
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ROBLES v. RMS MANAGEMENT SOLUTIONS, LLC
Filed May 2, 2014.
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LAWRENCE v. SCHOOL DISTRICT NO. 1
Filed March 28, 2014.
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COATS v. STATE, DEPARTMENT OF WORKFORCE SERVICES
Filed March 4, 2014.
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DeFAZIO v. STARWOOD HOTELS & RESORTS WORLDWIDE, INC.
Filed February 3, 2014.
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TONY BETTIS; ERIC COMEAU; STEPHEN SEAT; NATIONAL REALTY CAPITAL, LLC v. HALL
October 31, 2013.
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ZISUMBO v. OGDEN REGIONAL MEDICAL CENTER
October 30, 2013.
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DALE K. BARKER CO., P.C. v. VALLEY PLAZA
September 17, 2013.
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BUCK v. CF&I STEEL, L.P.
Filed September 5, 2013.
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LARRIEU v. BEST BUY STORES, L.P.
Filed July 10, 2013.
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STEWART TITLE GUAR. CO. v. DUDE
February 26, 2013.
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SMITH v. McCORD
Ordered Published February 15, 2013.
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PALMERIN v. JOHNSON COUNTY
Filed April 24, 2013.
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U.S. v. RAMOS-CARRILLO
Filed February 19, 2013.
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NEWSOM v. OTTAWA COUNTY BOARD OF COMMISSIONERS
February 15, 2013.
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CLEARONE COMMUNICATIONS, INC. v. BOWER
February 5, 2013.
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ARNOLD OIL PROPERTIES, L.L.C. v. SCHLUMBERGER TECHNOLOGY CORPORATIO
Filed January 23, 2013.
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GAFF v. ST. MARY'S REGIONAL MEDICAL CENTER
Filed: December 19, 2012.
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LANDRITH v. GARIGLIETTI
Filed December 7, 2012.
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KAISER v. COLORADO DEPARTMENT OF CORRECTION
December 5, 2012.
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ELWELL v. OKLAHOMA EX REL. BD. OF REGENTS
September 11, 2012.
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ROBERTS v. INTERNATIONAL BUSINESS MACHINES CORP.
November 5, 2013.
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PUBLIC SERVICE CO. OF NEW MEXICO v. N.L.R.B.
August 28, 2012.
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KILGORE v. SEMINOLE COUNTY PUBLIC OFFICIALS MIKE WEATHERLY
October 31, 2012.
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COBURN v. REGENTS OF THE UNIVERSITY OF CALIFORNIA
Filed October 30, 2012.
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CINNAMON HILLS YOUTH CRISIS v. ST. GEORGE CITY
July 3, 2012.
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WINZLER v. TOYOTA MOTOR SALES U.S.A., INC.
June 18, 2012.
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DIPERNA v. ICON HEALTH AND FITNESS, INC.
Filed August 8, 2012.
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WESTERN WORLD INS. CO. v. MARKEL AMERICAN INS. CO.
May 8, 2012.
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McCLENDON v. CITY OF ALBUQUERQUE
January 12, 2011.
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CHICAGO INSURANCE COMPANY v. HAMILTON
May 4, 2011.
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McCLENAHAN v. METROPOLITAN LIFE INSURANCE COMPANY
Filed March 21, 2011.
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ATWOOD v. CITY AND COUNTY OF DENVER
Field February 18, 2011.
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REGIONAL AIR, INC. v. CANAL INSURANCE COMPANY
Filed January 14, 2011.
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RAYMOND v. ASTRUE
Ordered Published September 28, 2010.
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DeMILLARD v. NO NAMED DEFENDANT
Filed January 14, 2011.
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FLOOD v. CLEARONE COMMUNICATIONS, INC.
August 30, 2010.
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GRAVES v. MAZDA MOTOR CORPORATION
Filed December 15, 2010.
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U.S. v. MAGNESIUM CORP. OF AMERICA
August 17, 2010.
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VALLEY FORGE INS. v. HEALTH CARE MANAGEMENT
August 16, 2010.
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BP AMERICA, INC. v. OKLAHOMA EX REL. EDMONDSON
July 29, 2010.
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JACKSON v. WARDEN GREEN OF BUENA VISTA CORRECTIONAL FACILITY
Filed October 22, 2010.
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PARKHURST v. PITTSBURGH PAINTS INC.
Filed October 19, 2010.
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FREEMAN v. COLORADO DEPARTMENT OF CORRECTIONS
Filed October 1, 2010.
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HYDRO RESOURCES, INC. v. U.S. E.P.A.
June 15, 2010.
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RUSSO v. BALLARD MEDICAL PRODUCTS
December 18, 2008.
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SHOOK v. BOARD OF COUNTY OF EL PASO
August 29, 2008.
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JOHNSON v. WELD COUNTY, COLO.
As Amended on Grant of Rehearing February 24, 2010 nunc pro tunc.
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THOMPSON R2-J SCHOOL v. LUKE P., EX REL. JEFF P.
August 29, 2008.
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ENERGY WEST MINING CO. v. OLIVER
February 20, 2009.
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IN RE C AND M PROPERTIES, L.L.C.
April 30, 2009.
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FOUR CORNERS NEPHROLOGY ASSOC. v. MERCY MEDICAL
September 29, 2009.
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WHITTENBURG v. WERNER ENTERPRISES INC.
April 3, 2009.
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PAYLESS SHOESOURCE v. TRAVELERS COMPANIES, INC.
November 10, 2009.
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WYOMING v. U.S. DEPT. OF INTERIOR
November 24, 2009.
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LABORERS' INTERN. UNION, LOCAL 578 v. N.L.R.B
February 2, 2010.
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MARKWEST HYDROCARBON, INC. v. LIBERTY MUT. INS. CO.
March 9, 2009.
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WADE PEDIATRICS v. DEP'T OF HEALTH AND HUMAN SERVICES
June 2, 2009.
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NANODETEX CORPORATION v. DEFIANT TECHNOLOGIES
October 15, 2009.
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HERRERA v. BERNALILLO COUNTY BOARD OF COUNTY COMMISSIONERS
January 20, 2010.
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YELLOWBEAR v. ATTORNEY GENERAL OF STATE OF WYOMING
May 25, 2010.
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HARRISON v. WARDEN OF FREMONT CORRECTIONAL FACILITY
September 16, 2009.
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PROFESSIONAL SOLUTIONS INSURANCE COMPANY v. MOHRLANG
January 29, 2010.
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GARCIA v. U.S. DISCIPLINARY BARRACKS
May 27, 2010.
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ALLEN v. PEOPLE OF STATE OF COLORADO
May 19, 2010.
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SUREFOOT LC v. SURE FOOT CORPORATION
Filed July 8, 2008.
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GARCIA v. U.S. DISCIPLINARY BARRACKS
May 27, 2010.
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ALLEN v. PEOPLE OF STATE OF COLORADO
May 19, 2010.
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SUREFOOT LC v. SURE FOOT CORPORATION
Filed July 8, 2008.
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BIG SKY NETWORK CANADA, LTD. v. SICHUAN PROVINCIAL GOVERNMENT
Filed July 15, 2008.
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YOUNG v. DILLON COMPANIES, INC
November 9, 2006.
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DUDNIKOV v. CHALK & VERMILION FINE ARTS, INC.
January 28, 2008.
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GARCIA v. BOARD, EDUC., ALBUQURQUE PUBLIC SCHOOLS
March 25, 2008.
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MESHWERKS, INC. v. TOYOTA MOTOR SALES U.S.A., INC.
June 17, 2008.
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BIG SKY NETWORK v. SICHUAN PROVINCIAL
July 15, 2008.
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WILLIAMS v. W.D. SPORTS, N.M., INC.
August 7, 2007.
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PENNCRO ASSOCIATES, INC. v. SPRINT SPECTRUM, L.P.
August 24, 2007.
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CASEY v. WEST LAS VEGAS IND. SCHOOL DIST.
January 24, 2007.
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U.S. EX REL. BOOTHE v. SUN HEALTHCARE GROUP, INC.
August 7, 2007.
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NASIOUS v. TWO UNKNOWN B.I.C.E. AGENTS
July 3, 2007.
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SIMMONS v. UINTAH HEALTH CARE SPECIAL DIST.
November 6, 2007.
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COPART, INC. v. ADMINISTRATIVE REVIEW BD.
July 31, 2007.
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KIKER v. COMMUNITY HEALTH SYSTEMS PROFESSIONAL SERVICES CORPORATION
May 22, 2012.
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SISNEROS v. OFFICE OF PUEBLO COUNTY SHERIFF
May 22, 2012.
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TINDALL v. FREIGHTQUOTE.COM, INC.
May 18, 2012.
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LAIDLEY v. CITY AND COUNTY OF DENVER
April 25, 2012.
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HAND v. WALNUT VALLEY SAILING CLUB
April 4, 2012.
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ALMOND v. UNIFIED SCHOOL DIST. NO. 501
November 29, 2011.
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CHURCH v. OKLAHOMA CORRECTIONAL INDUSTRIES
March 29, 2012.
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HALTOM v. GREAT NORTHWEST INSURANCE COMPANY
February 2, 2012.
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COOK v. CENTRAL UTAH CORRECTIONAL FACILITY
December 13, 2011.
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JOHNSON v. LIBERTY MUT. FIRE INS. CO.
August 17, 2011.
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KAY ELEC. CO-OP. v. CITY OF NEWKIRK, OKLA.
July 29, 2011.
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LOPEZ-FISHER v. ABBOTT LABORATORIES
November 22, 2011.
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BUSTOS v. A & E TELEVISION NETWORKS
July 19, 2011.
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TW TELECOM HOLDINGS INC. v. CAROLINA INTERNET LTD.
November 15, 2011.
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LUCAS v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON
October 14, 2011.
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RALEY v. HYUNDAI MOTOR CO., LTD.
June 14, 2011.
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REGIONAL AIR, INC. v. CANAL INS. CO.
February 15, 2011.
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AMERICAN ATHEISTS, INC. v. DAVENPORT
December 20, 2010.
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DeMILLARD v. MUNICIPALITY OF DENVER
June 15, 2011.
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