This morning, the Court granted certiorari in fourteen cases, which we covered in our live blog; the full orders list is here.  The following cases were granted for argument in the 2010 Term:

The grant is limited to question 1 in the case below:

Kentucky v. King (Granted )

Docket: 09-1272
Issue(s): Under what circumstances can lawful police action impermissibly create exigent circumstances that preclude warrantless entry?

Certiorari stage documents:

Astra USA, Inc. v. Santa Clara County (Granted )

Docket: 09-1273
Issue(s): Whether, in the absence of a private right of action to enforce a statute, federal courts have the federal common law authority to confer a private right of action simply because the statutory requirement sought to be enforced is embodied in a contract.

Certiorari stage documents:

Justice Kagan is recused from the case above.

Federal Communications Commission v. AT&T, Inc. (Granted )

Docket: 09-1279
Issue(s): Whether Exemption 7(C) of the Freedom of Information Act which exempts from mandatory disclosure records or information compiled for law enforcement purposes when such disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy protects the privacy of corporate entities.

Certiorari stage documents:

Justice Kagan is recused from the case above.

The two cases below are consolidated and the cert. grant is limited to question 1 in 09-1298 and to question 2 in 09-1302:

General Dynamics Corp. v. United States (Granted )

Docket: 09-1298
Issue(s): Whether the government can maintain its claim against a party when it invokes the state-secrets privilege to completely deny that party a defense to the claim.

Certiorari stage documents:

The Boeing Company v. United States (Granted )

Docket: 09-1302
Issue(s): Whether the Due Process Clause of the Fifth Amendment permits the government to maintain a claim while simultaneously asserting the state-secrets privilege to bar presentation of a prima facie valid defense to that claim.

Certiorari stage documents:

The case below will be argued in tandem with 10-76:

J. McIntyre Machinery v. Nicastro (Granted )

Docket: 09-1343
Issue(s): Whether, consistent with the Due Process Clause and pursuant to the stream-of-commerce theory, a state may exercise in personal jurisdiction over a foreign manufacturer when the manufacturer targets the U.S. market for the sale of its product and that product is purchased by a forum state consumer.

Certiorari stage documents:

United States v. Tinklenberg (Granted )

Docket: 09-1498
Issue(s): Whether the time between the filing of a pretrial motion and its disposition is automatically excluded from the deadline for commencing trial under the Speedy Trial Act of 1974, or is instead excluded only if the motion actually causes a postponement, or the expectation of a postponement, of the trial.

Certiorari stage documents:

Justice Kagan is recused from the case above.

Freeman v. United States (Granted )

Docket: 09-10245
Issue(s): Whether a defendant is ineligible for a sentence reduction under 18 U.S.C. § 3582(c)(2), which allows a district court to reduce a term of imprisonment after it has been imposed if the defendant was sentenced based on a sentencing range that the U.S. Sentencing Commission subsequently lowered, because the district court accepted a plea agreement pursuant to Rule 11(c)(1)(C), which binds the district court as to sentence once it accepts the plea.

Certiorari stage documents:

Bullcoming v. New Mexico (Granted )

Note: Goldstein, Howe & Russell P.C. represents the petitioner in this case.
Docket: 09-10876
Issue(s): Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements.

Certiorari stage documents:

Sykes v. United States (Granted )

Docket: 09-11311
Issue(s): Whether using a vehicle while knowingly or intentionally fleeing from a law enforcement officer after being ordered to stop constitutes a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. § 924(e).

Certiorari stage documents:

Goodyear v. Brown (Granted )

Docket: 10-76
Issue(s): Whether a foreign corporation is subject to general personal jurisdiction, on causes of action not arising out of or related to any contacts between it and the forum state, merely because other entities distribute in the forum state products placed in the stream of commerce by the defendant.

Certiorari stage documents:

The case below is granted limited to questions 1, 2, and 3.

Stern v. Marshall (Granted )

Docket: 10-179
Issue(s): (1) Whether the Ninth Circuit's interpretation of 28 U.S.C. § 157(b)(2)(C) contravenes congressional intent; (2) whether Congress may authorize core jurisdiction over debtors' compulsory counterclaims to proofs of claim; and (3) whether the Ninth Circuit contravened Supreme Court precedent and created a circuit split by holding that Congress cannot constitutionally authorize non-Article III bankruptcy judges to enter final judgment on all compulsory counterclaims to proofs of claim.

Certiorari stage documents:

Schindler Elevator Corp. v. US ex rel. Kirk (Granted )

Docket: 10-188
Issue(s): Whether a federal agency's response to a Freedom of Information Act request is a "report . . . or investigation" within the meaning of the False Claims Act public disclosure bar, 31 U.S.C. § 3730(e)(4).

Certiorari stage documents:

Justice Kagan is recused from the case above.

Posted in Merits Cases