2010 term United States Supreme Court opinions of Stephen Breyer

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The 2010 term of the Supreme Court of the United States began October 4, 2010, and concluded October 1, 2011. This was the seventeenth term of Associate Justice Stephen Breyer's tenure on the Court. Stephen Breyer, SCOTUS photo portrait.jpg
Stephen Breyer 2010 term statistics
7
Majority or Plurality
5
Concurrence
1
Other
11
Dissent
1
Concurrence/dissentTotal = 25
Bench opinions = 23Opinions relating to orders = 2In-chambers opinions = 0
Unanimous opinions: 0 Most joined by: Ginsburg (15) Least joined by: Thomas (3)
TypeCaseCitationIssuesJoined byOther opinions
101



Los Angeles County v. Humphries   [ full text ]562 U.S. 29 (2010)

42 U.S.C.   § 1983   "policy or custom" liability requirement   damagesRoberts, Scalia, Kennedy, Thomas, Ginsburg, Alito, Sotomayor
Breyer's 8-0 opinion held that a municipality can only be liable under 42 U.S.C. § 1983 for an injury caused by that municipality's own "policy or custom", regardless of whether the plaintiff seeks prospective relief or monetary damages.
202



Bruesewitz v. Wyeth LLC 562 U.S. 223 (2011)

National Childhood Vaccine Injury Act of 1986   state law design defect claims   federal preemption
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Scalia
103



Williamson v. Mazda Motor of America, Inc. 562 U.S. 323 (2011)

National Traffic and Motor Vehicle Safety Act of 1966   Federal Motor Vehicle Safety Standards on seat belt design   state law torts against auto manufacturers   federal preemption Roberts, Scalia, Kennedy, Ginsburg, Alito, Sotomayor
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Thomas
204



Snyder v. Phelps 562 U.S. 443 (2011)

First Amendment   free speech   intentional infliction of emotional distress
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Roberts
205



Pepper v. United States 562 U.S. 476 (2011)

Federal Sentencing Guidelines   consideration of postsentencing rehabilitation
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Sotomayor
406



Milner v. Department of Navy 562 U.S. 562 (2011)

Freedom of Information Act   exemption for internal personnel rules
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Kagan
107



Kasten v. Saint-Gobain Performance Plastics Corp. 563 U.S. 1 (2011)

Fair Labor Standards Act of 1938   antiretaliation provision   oral intracompany complaintsRoberts, Kennedy, Ginsburg, Alito, Sotomayor
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Scalia
308



Cullen v. Pinholster 563 U.S. 170 (2011)

Antiterrorism and Effective Death Penalty Act of 1996   introduction of new evidence in habeas corpus proceedings   Sixth Amendment   ineffective assistance of counsel
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Thomas
409



AT&T Mobility LLC v. Concepcion 563 U.S. 333 (2011)

Federal Arbitration Act   federal preemption   class actions Ginsburg, Sotomayor, Kagan
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Scalia
110



CIGNA Corp. v. Amara 563 U.S. 421 (2011)

ERISA   failure to provide proper notice of plan changes   court authority to reform plan as equitable relief Roberts, Kennedy, Ginsburg, Alito, Kagan
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Scalia
411



Chamber of Commerce of United States of America v. Whiting 563 U.S. 582 (2011)

Immigration Reform and Control Act   Legal Arizona Workers Act   state requirement that businesses use E-Verify   suspension or revocation of business licenses for hiring unauthorized aliens   federal preemption Ginsburg
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Roberts
112



United States v. Tinklenberg 563 U.S. 647 (2011)

Speedy Trial Act of 1974   effect of pretrial motions on delayKennedy, Ginsburg, Alito, Sotomayor; Roberts, Scalia, Thomas (in part)
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Scalia
113



Fowler v. United States 563 U.S. 668 (2011)

federal witness tampering crime   likelihood victim was intending to communicate with federal officerRoberts, Kennedy, Thomas, Sotomayor, Kagan
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Scalia
414



Board of Trustees of Leland Stanford Junior Univ. v. Roche Molecular Systems, Inc. 563 U.S. 776 (2011)

patent law   University and Small Business Patent Procedures Act of 1980   vesting of federally funded patents in inventors or contractorsGinsburg
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Roberts
515



Kiyemba v. Obama 563 U.S. 954 (2011)

Guantanamo Bay detainees Kennedy, Ginsburg, Sotomayor
Breyer filed a statement respecting the Court's denial of certiorari.
216



Microsoft Corp. v. i4i Ltd. Partnership 564 U.S. 91 (2011)

Patent Act of 1952   presumption of patent validity   on-sale bar   clear and convincing evidence Scalia, Alito
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Sotomayor
417



Janus Capital Group, Inc. v. First Derivative Traders 564 U.S. 135 (2011)

SEC Rule 10b-5   participation of corporate affiliate in making false statementsGinsburg, Sotomayor, Kagan
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Thomas
418



Davis v. United States 564 U.S. 229 (2011)

Fourth Amendment   exclusionary rule   good faith reliance on binding appellate precedentGinsburg
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Alito
119



Turner v. Rogers 564 U.S. 431 (2011)

Due Process Clause   right to counsel in civil contempt hearing for indigent defendant facing incarcerationKennedy, Ginsburg, Sotomayor, Kagan
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Thomas
420



Stern v. Marshall 564 U.S. 462 (2011)

Article III   bankruptcy court authority to decide state law counterclaim Ginsburg, Sotomayor, Kagan
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Roberts
421



Sorrell v. IMS Health Inc. 564 U.S. 552 (2011)

state law restrictions on sale or disclosure of drug prescriber information   First Amendment   free speech Ginsburg, Kagan
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Kennedy
422



Brown v. Entertainment Merchants Assn. 564 U.S. 786 (2011)

First Amendment   freedom of speech   restriction on sale of violent video games to minors
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Scalia
223



J. McIntyre Machinery, Ltd. v. Nicastro 564 U.S. 873 (2011)

Fourteenth Amendment   Due Process Clause   personal jurisdiction over foreign manufacturer in state product liability suit   purposeful availment of the forumAlito
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Kennedy
424



Leal Garcia v. Texas 564 U.S. 940 (2011)

Vienna Convention on Consular Relations   domestication of international law   due process Ginsburg, Sotomayor, Kagan
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per curiam
Breyer dissented from the Court's denial of a stay of execution
425



Valle v. Florida564 U.S. 1067 (2011)

Eighth Amendment   death penalty
Breyer dissented from the Court's denial of stay, in a case arguing that executing the petitioner after he spent 33 years on death row constitutes cruel and unusual punishment.

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