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Hanna v. Plumer, 380 U.S. 460 (1965)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/069-hanna-v-plumer

Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep380/usrep380460/usrep380460.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

Eleanor Hanna, an Ohio citizen, sued the executor of a Massachusetts driver's estate in federal court in Massachusetts after a car accident in South Carolina. She served the executor by leaving the papers at his home, as the Federal Rules of Civil Procedure allow. A Massachusetts statute required delivery in hand to an executor within one year. Under Erie, the executor argued, Massachusetts law had to control.

Chief Justice Warren, for the Court, held that when a Federal Rule directly governs the question, Erie's analysis does not apply. The Rule controls so long as it is valid under the Rules Enabling Act and the Constitution. Warren also refined Erie's outcome test with its "twin aims": discouraging forum-shopping and avoiding inequitable administration of the laws.

Justice Black concurred. Justice Harlan concurred separately, proposing that the real question was whether a rule would substantially affect primary decisions about private conduct. Hanna is the second half of every Erie lecture.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- Guaranty Trust Co. v. York, 326 U.S. 99 [as printed: Guaranty Trust Co. v. York, 326 U. S. 99; Concurrence (Mr. Justice Harlan)] (episode link pending)

- Ragan v. Merchants Transfer Co., 337 U.S. 530 [as printed: Ragan v. Merchants Transfer Co., 337 U. S. 530; Concurrence (Mr. Justice Harlan)] (episode link pending)

- Sibbach v. Wilson & Co., 312 U.S. 1 [as printed: Sibbach v. Wilson & Co., supra; Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)

- Mississippi Pub. Corp. v. Murphree, 326 U.S. 438 [as printed: Mississippi Pub. Corp. v. Murphree, 326 U. S. 438; Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)

- Swift v. Tyson, 16 Pet. 1 [as printed: Swift v. Tyson, 16 Pet. 1; Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)

- 1938. Erie R. Co. v. Tompkins, 304 U.S. 64 [as printed: R. Co. v. Tompkins, 304 U. S. 64; Opinion of the Court (Mr. Chief Justice Warren)] episode

- Schlagenhauf v. Holder, 379 U.S. 104 [as printed: Schlagenhauf v. Holder, 379 U. S. 104; Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)

- Cohen v. Beneficial Loan Corp., 337 U.S. 541 [as printed: Cohen v. Beneficial Loan Corp., supra; Opinion of the Court (Mr. Chief Justice Warren)] episode

- Doyle v. Moylan, 141 F.Supp. 95 (D. C. D. Mass. 1956) [as printed: Doyle v. Moylan, 141 F. Supp. 95 (D. C. D. Mass. 1956); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)

- Spaulding v. McConnell, 307 Mass. 144 (1940) at 146 [as printed: Spaulding v. McConnell, 307 Mass. 144, 146, 29 N. E. 2d 713, 715 (1940); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)

(+5 more named aloud; see the website)

Full list of 59 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/069-hanna-v-plumer

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Washington v. Davis, 426 U.S. 229 (1976)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/068-washington-v-davis

Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep426/usrep426229/usrep426229.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

Applicants to the District of Columbia's police force had to pass a written test of verbal ability, vocabulary, and reading, known as Test 21. Black applicants failed at roughly four times the rate of white applicants. Two Black applicants who were rejected sued, arguing the test violated equal protection.

Justice White, for a seven-to-two majority, held that a law or policy is not unconstitutional solely because it has a racially disproportionate impact. A plaintiff must show discriminatory purpose. Impact is relevant evidence of purpose, but standing alone it does not trigger strict scrutiny. White also noted that Title Seven's disparate-impact standard, from Griggs versus Duke Power, does not apply to constitutional claims.

Justice Stevens concurred. Justice Brennan, joined by Justice Marshall, dissented. The intent requirement remains a central and contested line in equal protection law.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- Griggs v. Duke Power Co., 401 U.S. 424 (1971) [as printed: Griggs v. Duke Power Co., 401 U. S. 424 (1971); Dissent (Mr. Justice Brennan)] episode

- Strauder v. West Virginia, 100 U.S. 303 (1880) [as printed: Strauder v. West Virginia, 100 U. S. 303 (1880); Opinion of the Court (Mr. Justice White)] episode

- Alexander v. Louisiana, 405 U.S. 625 (1972) [as printed: Alexander v. Louisiana, supra; Opinion of the Court (Mr. Justice White)] (episode link pending)

- Wright v. Rockefeller, 376 U.S. 52 (1964) [as printed: Wright v. Rockefeller, 376 U. S. 52 (1964); Opinion of the Court (Mr. Justice White)] (episode link pending)

- Keyes v. School Dist. No. 1, 413 U.S. 189 (1973) [as printed: Keyes v. School Dist. No. 1, supra; Opinion of the Court (Mr. Justice White)] (episode link pending)

- Jefferson v. Hackney, 406 U.S. 535 (1972) [as printed: Jefferson v. Hackney, supra; Opinion of the Court (Mr. Justice White)] (episode link pending)

- Yick Wo v. Hopkins, 118 U.S. 356 (1886) [as printed: Yick Wo v. Hopkins, 118 U. S. 356; Concurrence (Mr. Justice Stevens)] episode

- Hill v. Texas, 316 U.S. 400 (1942) at 404 [as printed: Hill v. Texas, 316 U. S. 400, 404 (1942); Opinion of the Court (Mr. Justice White)] (episode link pending)

- Avery v. Georgia, 345 U.S. 559 (1953) [as printed: Avery v. Georgia, 345 U. S. 559 (1953); Opinion of the Court (Mr. Justice White)] (episode link pending)

- Whitus v. Georgia, 385 U.S. 545 (1967) [as printed: Whitus v. Georgia, 385 U. S. 545 (1967); Opinion of the Court (Mr. Justice White)] (episode link pending)

- McLaughlin v. Florida, 379 U.S. 184 (1964) [as printed: McLaughlin v. Florida, 379 U. S. 184 (1964); Opinion of the Court (Mr. Justice White)] (episode link pending)

(+30 more named aloud; see the website)

Full list of 128 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/068-washington-v-davis

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Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/066-piper-aircraft-co-v-reyno

Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep454/usrep454235/usrep454235.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

In 1976 a small Piper plane crashed in the Scottish highlands, killing the pilot and five passengers, all Scottish. The plane was made in Pennsylvania and its propellers in Ohio. Gaynell Reyno, a legal secretary appointed in California to administer the estates, sued Piper and the propeller maker in American court, openly because American law on liability and damages was far more favorable than Scottish law.

Justice Marshall, for the Court, held that the possibility of an unfavorable change in law should ordinarily not be given conclusive or even substantial weight in a forum non conveniens analysis. A foreign plaintiff's choice of an American forum deserves less deference than a citizen's choice of home forum. The case belonged in Scotland, where the witnesses and evidence were.

Justices White, Stevens, and Brennan wrote separately in part. Piper remains the leading case on sending lawsuits abroad.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947) [as printed: Gulf Oil Corp. v. Gilbert, 330 U. S. 501 (1947); Opinion of the Court (Justice Marshall)] episode

- Rosier v. Lumbermens Mut. Cas. Co., 330 U.S. 518 (1947) [as printed: Rosier v. Lumbermens Mut. Cas. Co., 330 U. S. 518 (1947); Opinion of the Court (Justice Marshall)] (episode link pending)

- Williams v. Green Bay & Western R. Co., 326 U.S. 549 (1946) [as printed: Williams v. Green Bay & Western R. Co., 326 U. S. 549 (1946); Opinion of the Court (Justice Marshall)] (episode link pending)

- Anglo-American Grain Co. v. The S/T Mina D'Amico, 169 F.Supp. 908 (ED Va. 1959) [as printed: Anglo-American Grain Co. v. The S/T Mina D'Amico, 169 F. Supp. 908 (ED Va. 1959); Opinion of the Court (Justice Marshall)] (episode link pending)

- § 1404(a). In Van Dusen v. Barrack, 376 U.S. 612 (1964) [as printed: § 1404(a). In Van Dusen v. Barrack, 376 U. S. 612 (1964); Opinion of the Court (Justice Marshall)] (episode link pending)

- Klaxon v. Stentor Electric Mfg. Co., 313 U.S. 487 (1941) [as printed: Klaxon v. Stentor Electric Mfg. Co., 313 U. S. 487 (1941); Opinion of the Court (Justice Marshall)] episode

- Erie R. Co. v. Tompkins, 304 U.S. 64 (1938) [as printed: Erie R. Co. v. Tompkins, 304 U. S. 64 (1938); Opinion of the Court (Justice Marshall)] episode

- Schlesinger, supra, at 307 at 307 [as printed: Schlesinger, supra, at 307; Opinion of the Court (Justice Marshall)] (episode link pending)

- Kohlenhandel v. A/S Hakedal, 210 F.2d 754 at 757 (CA2) [as printed: Kohlenhandel v. A/S Hakedal, 210 F. 2d 754, 757 (CA2); Opinion of the Court (Justice Marshall)] (episode link pending)

- , supra [as printed: , supra; Opinion of the Court (Justice Marshall)] (episode link pending)

(+4 more named aloud; see the website)

Full list of 107 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/066-piper-aircraft-co-v-reyno

Got something to say to this podcast? Send a voicemail, and you might hear yourself on the next episode!

Ashcroft v. Iqbal, 556 U.S. 662 (2009)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/062-ashcroft-v-iqbal

Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep556/usrep556662/usrep556662.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

After September eleventh, Javaid Iqbal, a Pakistani Muslim, was arrested on immigration and fraud charges and held in a maximum-security unit in Brooklyn, where he alleged he was beaten and abused. He sued many officials, including former Attorney General John Ashcroft and FBI Director Robert Mueller, alleging they adopted a policy of harsh confinement because of religion and national origin.

Justice Kennedy, for a five-to-four majority, held the complaint insufficient against the top officials. Applying Twombly to all civil actions, he described a two-step method: set aside legal conclusions, then ask whether the remaining factual allegations plausibly suggest entitlement to relief, drawing on judicial experience and common sense. Iqbal's allegations against Ashcroft and Mueller, he said, did not.

Justice Souter, the author of Twombly, dissented, arguing the majority misapplied his own opinion. Justice Breyer also dissented. Iqbal is among the most cited Supreme Court decisions ever, and every motion to dismiss now begins with it.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- Iqbal v. Hasty, 490 F.3d 143 (CA2 2007) at 147-148 [as printed: New York. Iqbal v. Hasty, 490 F. 3d 143, 147-148 (CA2 2007); Opinion of the Court (Justice Kennedy)] (episode link pending)

- Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) [as printed: Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971); Opinion of the Court (Justice Kennedy)] episode

- Conley v. Gibson, 355 U.S. 41 (1957) at 47 (omission in original) [as printed: Conley v. Gibson, 355 U. S. 41, 47 (1957) (omission in original); Opinion of the Court (Justice Kennedy)] episode

- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) [as printed: Bell Atlantic Corp. v. Twombly, 550 U. S. 544 (2007); Dissent (Justice Breyer)] episode

- Johnson v. Jones, 515 U.S. 304 (1995) at 309 [as printed: Johnson v. Jones, 515 U. S. 304, 309 (1995); Opinion of the Court (Justice Kennedy)] (episode link pending)

- Behrens v. Pelletier, 516 U.S. 299 (1996) at 305 [as printed: Behrens v. Pelletier, 516 U. S. 299, 305 (1996); Opinion of the Court (Justice Kennedy)] (episode link pending)

- Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949) at 546 [as printed: Cohen v. Beneficial Industrial Loan Corp., 337 U. S. 541, 546 (1949); Opinion of the Court (Justice Kennedy)] episode

- Mitchell v. Forsyth, 472 U.S. 511 (1985) at 530 [as printed: Mitchell v. Forsyth, 472 U. S. 511, 530 (1985); Opinion of the Court (Justice Kennedy)] (episode link pending)

- Harlow v. Fitzgerald, 457 U.S. 800 (1982) at 818 [as printed: Harlow v. Fitzgerald, 457 U. S. 800, 818 (1982); Opinion of the Court (Justice Kennedy)] episode

(+18 more named aloud; see the website)

Full list of 140 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/062-ashcroft-v-iqbal