Kaiser Eagle Mountain, Inc. v. National Parks & Conservation Ass’n

Note: Goldstein, Howe & Russell, P.C. serves as counsel to the petitioners in the following case, which is listed without regard to its likelihood of being granted.
Docket: 10-548
Issue(s): Does a court err by vacating an agency’s action and remanding for further administrative proceedings that will have no effect on the agency’s decision or serve any other substantive purpose?

Certiorari stage documents:

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief for the United States in opposition
• Brief of National Parks Conservation Association in opposition
• Brief for respondents Donna Charpied et al. in opposition
• Petitioners' reply
• Amicus brief of Judge Craig Manson et al.
• Amicus brief of the Pacific Legal Foundation
• Amicus brief of New Kaiser Voluntary Employees' Beneficiary Association
• Amicus brief of the Coachella Valley Economic Partnership

Council Tree Investors, Inc. v. Federal Communications Comm’n

Note: Goldstein, Howe & Russell, P.C. serves as counsel to the petitioners in the following case, which is listed without regard to its likelihood of being granted.
Docket: 10-834
Issue(s): Whether a reviewing court has the discretion under Section 706 of the Administrative Procedure Act to decline to set aside, or provide any remedy for, unlawful agency action?

Certiorari stage documents:

• Opinion below (3d Circuit)
• Petition for certiorari
• Brief in opposition of the federal respondents
• Petitioners' reply
• Amicus brief of Antares Holding, LLC, et al.
• Amicus brief of John B. Muleta
• Amicus brief of Professor Daniel B. Rodriguez

Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S (Granted )

Docket: 10-844
Issue(s): Whether the counterclaim provision of the Hatch-Waxman Act applies when (1) there is an approved method of using the drug that the patent does not claim, and (2) the brand submits patent information to the FDA that misstates the patent's scope, requiring correct[ion].

Certiorari stage documents:

• Opinion below (Fed. Cir.)
• Amicus brief of TEVA Pharmaceuticals USA, Inc.
• Amicus brief of Consumer Federation of America et al.
• Amicus brief of Mylan Pharmaceuticals, Inc.
• Amicus Generic Pharmaceutical Association

CVSG Information:

• Invited: March 28, 2011
• Filed: May 26, 2011 (Grant)

Florence v. Board of Chosen Freeholders of the County of Burlington (Granted )

Note: Goldstein & Russell, P.C. serves as counsel to the petitioner this case.
Docket: 10-945
Issue(s): Whether the Fourth Amendment permits a jail to conduct a suspicionless strip search whenever an individual is arrested, including for minor offenses.

Certiorari stage documents:

• Opinion below (3d Circuit)
• Petition for certiorari
• Brief in opposition for Board of Chosen Freeholders of the County of Burlington et al.
• Brief in opposition for Essex County Correctional Facility et al.
• Petitioner's reply

Davis v. Humphrey

Docket: 10-949
Issue(s): Whether the court of appeals has jurisdiction under 28 U.S.C. §§ 1291 and 2253 to review a district court's final order on a habeas petition that was transferred to the district court from the Supreme Court.

Certiorari stage documents:

• Opinion below (11th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief of the Innocence Project
• Petitioner's reply

Davis v. Humphrey

Docket: 10-950
Issue(s): 1) Whether Sawyer v. Whitley (1992), supplies the appropriate burden of proof for a claim that the execution of an innocent person violates the Eighth Amendment; 2) whether, in the context of an actual innocence proceeding, the district court gave proper consideration to evidence that the alternative suspect confessed in accordance with House v. Bell (2006), and Schlup v. Delo (1995); 3) whether, through witness testimony, the petitioner established his innocence to the requisite degree to render his execution unconstitutional under the Eighth Amendment; and 4) whether the court of appeals has jurisdiction under 28 U.S.C. §§ 1291 and 2253 to review the district court's final order in the first instance?

Certiorari stage documents:

• Jurisdictional statement and petition for writ of habeas corpus
• Opinion below (U.S. District Court for the Southern District of Georgia)
• Brief in opposition
• Amicus brief of the Innocence Project
• Reply brief

Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (Granted )

Note: Goldstein & Russell represent The NAACP Legal Defense Fund et al. as amici curiae in support of respondent.
Docket: 10-553
Issue(s): Whether the ministerial exception, which prohibits most employment-related lawsuits against religious organizations by employees performing religious functions, applies to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.

Certiorari stage documents:

• Opinion below (6th Circuit)
• Petition for certiorari
• Brief in opposition of the EEOC
• Brief in opposition of respondent Cheryl Perich
• Amicus brief of religious organizations
• Amicus brief of Christian Reformed Church in North America et al.
• Amicus brief of International Mission Board of the Southern Baptist Convention et al.
• Petitioner's reply brief

Kiyemba v. Obama

Docket: 10-775
Issue(s): Whether a judicial officer of the United States, having jurisdiction of the habeas corpus petition of an alien transported by the executive to, and held at, an offshore prison, has any judicial power to direct the prisoner's release.

Certiorari stage documents:

• Opinion below (D.C. Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioners' reply