Editor's Note :

On Monday, we expect orders from the May 17 Conference as well as opinions in argued cases. We also expect opinions on Thursday. We will be live blogging both days beginning shortly before ten o'clock.
Our list of "Petitions to watch" for the May 17 Conference is here.

Conor McEvily Round up

Posted Wed, September 29th, 2010 3:44 pm

Petition of the day

Today’s first petition of the day is:

Microsoft v. i4i Limited Partnership (Granted )

Note: Goldstein, Howe & Russell represent 3M Company et al. as amici curiae in support of respondents.
Docket: 10-290
Issue(s): Whether the invalidity defense provided for in the Patent Act, 35 U.S.C. § 282, must be proved by clear and convincing evidence.

Certiorari stage documents:

Today’s second petition of the day is:

Hall v. Ward

Docket: 10-288
Issue(s): (1) Whether the Eleventh Circuit misapplied 28 U.S.C. § 2254(e)(1) by failing to give any deference to the state habeas court's factual findings on a habeas petitioner's juror/bailiff misconduct claim; and (2) whether the Eleventh Circuit's finding of prejudice conflicts with Supreme Court precedent insofar as it found that the habeas petitioner failed to establish that the trial court did not answer any question posed by the jury, and when it disregarded the factual findings of the state habeas court that any information provided to the jury was not reversible error; and (3) whether the Eleventh Circuit's decision, which relied on evidence that was not admitted to assess prejudice and harm, conflicts with Supreme Court and circuit precedent.

Certiorari stage documents:

Today’s third petition of the day is:

Posted in Petition of the day, Hall v. Ward, Microsoft v. i4i Limited Partnership, Cases in the Pipeline