This afternoon, following its January 7 Conference, the Court granted certiorari in seven new cases. Details on those cases are below. The full order list is here.  Lyle’s summary of the grants is here.

Certiorari was granted in the following cases:

Erica P. John Fund, Inc. v. Halliburton Co. (Granted )

Docket: 09-1403
Issue(s): (1) Whether the Fifth Circuit correctly held that plaintiffs in securities fraud actions must not only satisfy the requirements to trigger a rebuttable presumption of fraud on the market, but must also establish loss causation at class certification by a preponderance of admissible evidence without merits discovery; (2) whether the Fifth Circuit improperly considered the merits of the underlying litigation when it held that a plaintiff must establish loss causation to invoke the fraud-on-the-market presumption.

Certiorari stage documents:

CVSG Information:

Lafler v. Cooper (Granted )

Docket: 10-209
Issue(s): (1) Whether a defendant seeking habeas is entitled to relief based on ineffective assistance of counsel where counsel’s deficient advice caused the defendant to reject a plea bargain in which the defendant had no vested right, and where the rejection did not deny the defendant a fair trial. (2) What remedy, if any, should be provided for ineffective assistance of counsel during plea bargain negotiations if the defendant was later convicted and sentenced pursuant to constitutionally adequate procedures.

Certiorari stage documents:

Missouri v. Frye (Granted )

Docket: 10-444
Issue(s): Can a defendant who validly pleads guilty assert a claim of ineffective assistance of counsel by alleging that, but for counsel's error in failing to communicate a plea offer, he would have pleaded guilty with more favorable terms? What remedy, if any, should be provided for ineffective assistance of counsel during plea bargain negotiations if the defendant was later convicted and sentenced pursuant to constitutionally adequate procedures?

Certiorari stage documents:

United States v. Jicarilla Apache Nation (Granted )

Docket: 10-382
Issue(s): Whether the attorney-client privilege entitles the United States to withhold from an Indian tribe confidential communications between the government and government attorneys implicating the administration of statutes pertaining to property held in trust for the tribe.

Certiorari stage documents:

Nevada Comm. on Ethics v. Carrigan (Granted )

Note: John Elwood, a regular contributor to the blog, serves as counsel to the petitioner. Although Amy Howe, the editor of the blog, served as a judge on one of John’s moots before the argument, Goldstein, Howe, & Russell was not otherwise involved in the case.
Docket: 10-568
Issue(s): Whether the First Amendment subjects state restrictions on voting by elected officials to strict scrutiny, the balancing test of Pickering v. Board of Education, or rational-basis review.

Certiorari stage documents:

Sorrell v. IMS Health Inc. (Granted )

Note: Goldstein, Howe and Russell P.C. represents the respondents IMS Health, SDI, and Verispan, in this case.
Docket: 10-779
Issue(s): Whether a law that restricts access to information in nonpublic prescription drug records and affords prescribers the right to consent before their identifying information in prescription drug records is sold or used in marketing violates the First Amendment.

Certiorari stage documents:

McNeill v. United States (Granted )

Docket: 10-5258
Issue(s): Whether the plain meaning of the phrase "is prescribed by law," which the Armed Career Criminal Act uses to define a predicate serious drug offense, requires a federal sentencing court to look to the maximum penalty prescribed by current state law for a drug offense at the time of the instant federal offense, regardless of whether the state has made that current sentencing law retroactive.

Certiorari stage documents:

Posted in Everything Else, Featured

Recommended Citation: Adam Schlossman, Details on this afternoon’s grants, SCOTUSblog (Jan. 7, 2011, 4:15 PM), http://www.scotusblog.com/2011/01/details-on-this-afternoons-grants/