The U.S. Supreme Court issued decisions in three cases on April 20 during its October 2019 term.

1. Ramos v. Louisiana originated from the Louisiana 4th Circuit Court of Appeal and was argued on October 7, 2019. It concerned the right to a unanimous verdict in a jury trial.

• The issue: “Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict?”
• The outcome: The court reversed the Louisiana 4th Circuit Court of Appeal’s decision in a 6-3 ruling, holding “if the Sixth Amendment’s right to a jury trial requires a unanimous verdict to support a conviction in federal court, it requires no less in state court.” In its ruling, the U.S. Supreme Court overruled a 1972 SCOTUS case, Apodaca v. Oregon.

2. Atlantic Richfield Co. v. Christian originated from the Montana Supreme Court and was argued on December 3, 2019. It concerned the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980.

• The issues:
  • “Whether a common-law claim for restoration seeking cleanup remedies that conflict with EPA-ordered remedies is a “challenge” to EPA’s cleanup jurisdictionally barred by § 113 of CERCLA.
  • Whether a landowner at a Superfund site is a “potentially responsible party” that must seek EPA’s approval under CERCLA § 122(e)(6) before engaging in remedial action, even if EPA has never ordered the landowner to pay for a cleanup.
  • Whether CERCLA preempts state common-law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies.”
• The outcome: The court affirmed in part and vacated in part the Montana Supreme Court’s decision and remanded the case. In a 7-2 ruling, the court held the Montana Supreme Court was wrong to rule that “the landowners were not potentially responsible parties under the Act and thus did not need EPA approval to take remedial action.”

3. Thryv, Inc. v. Click-To-Call Technologies, LP originated in the Federal Circuit and was argued before the court on December 9, 2019. It concerned judicial review of agency decisions.

• The issue: “Whether 35 U.S.C. § 314(d) permits appeal of the [Patent Trial and Appeal Board]’s decision to institute an inter partes review upon finding that § 315(b)’s time bar did not apply.”
• The outcome: The court vacated and remanded the Federal Circuit’s decision in a 7-2 ruling. The court held that the Leahy-Smith America Invents Act (AIA) prevents courts from reviewing certain agency processes related to patents. It held that courts may not review the interpretation of a law governing time limits for certain patent reviews made by the U.S. Patent and Trade Office.