This edition of “Petitions to watch” features cases up for consideration at the Justices' May 12 conference.  These are petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues.

Aquino v. Suiza Dairy

Docket: 10-74
Issue(s): Whether a federal court can order retrospective monetary relief against a sovereign as long as the necessary funds do not come directly from the general treasury.

Certiorari stage documents:

CVSG Information:

Zuress v. Donley

Note: Goldstein, Howe & Russell represents the petitioner in this case, which is listed without regard to its likelihood of being granted.
Docket: 10-374
Issue(s): In what circumstances are dual-status technicians, who perform civilian roles within military departments, protected by federal statutes prohibiting employment discrimination?

Certiorari stage documents:

BNSF Railway Co. v. Surface Transp. Bd.

Docket: 10-742
Issue(s): (1) Whether petitioner's argument challenging agency action was forfeited before the agency, when the agency had resolved the argument on its merits; and (2) whether the D.C. Circuit's decision conflicts with this Court's decision in Vermont Yankee Nuclear Power Corp. v. NRDC.

Certiorari stage documents:

Mohamed v. Jeppesen Dataplan, Inc.

Docket: 10-778
Issue(s): Whether the court of appeals correctly affirmed the lower court’s dismissal at the pleading stage, based on the evidentiary state secrets privilege, of a suit seeking compensation for the petitioners' unlawful abduction, arbitrary detention, and torture.

Certiorari stage documents:

United States and California v. Chapman University

Docket: 10-810
Issue(s): Whether courts of appeals, when disposing of an appeal that is jurisdictionally untimely due to a judicial error, may vacate and remand for entry of a fresh judgment from which a timely appeal may be taken.

Certiorari stage documents:

Rosario v. Griffin

Docket: 10-854
Issue(s): Whether application of New York's state constitutional “meaningful representation” standard to evaluate Sixth Amendment claims of ineffective assistance of counsel results in decisions that are "contrary to, or involve an unreasonable application of, clearly established federal law" as required by the federal habeas statute.

Certiorari stage documents:

Princo Corporation v. International Trade Commission

Docket: 10-898
Issue(s): Should the equitable doctrine of patent misuse remain a flexible doctrine to be applied when a patent holder has impermissibly attempted to extend the scope of his patent, or, as the Federal Circuit has held, be conditioned on a showing of "leveraging," "with anticompetitive effects" and in a manner previously "held to be outside...the patent grant"?

Certiorari stage documents:

Eli Lilly and Company v. Sun Pharmaceutical Industries

Docket: 10-972
Issue(s): Whether the Federal Circuit erred in holding that when a chemical composition has been patented, a second patent may not be issued for any use of the composition that was disclosed in the text of the composition patent.

Certiorari stage documents:

George v. Louisiana

Docket: 10-1017
Issue(s): Is a defendant’s constitutional right to trial by jury violated when the maximum sentence is increased from six months to twenty years based on a prior adjudication at which a defendant had no right to a jury trial?

Certiorari stage documents:

Freeman v. Quicken Loans Inc. (Granted )

Note: Goldstein & Russell, P.C. serves as counsel to the petitioners in this case.
Docket: 10-1042
Issue(s): Whether Section 8(b) of the Real Estate Settlement Procedures Act prohibits a real estate settlement services provider from charging an unearned fee only if the fee is divided between two or more parties.

Certiorari stage documents:

CVSG Information:

Minneci v. Pollard (Granted )

Docket: 10-1104
Issue(s): Whether the Court should imply a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, against individual employees of private companies that contract with the federal government to provide prison services, when the plaintiff has adequate alternative remedies for the harm alleged and the defendants have no employment or contractual relationship with the government.

Certiorari stage documents:

Lopez v. Candaele

Docket: 10-1136
Issue(s): (1) Whether students have standing to bring a facial challenge to a university's speech code intended to prevent sexual harassment; and (2) whether, in the alternative, a student affected by the speech code has standing under the overbreadth doctrine to assert the rights of others not before the Court.

Certiorari stage documents:

Faculty Senate of Florida Int’l University v. State of Florida

Docket: 10-1139
Issue(s): (1) Whether Florida's prohibition on the use of state or private funds by universities to support academic travel to Cuba and other disfavored nations is consistent with the Court's decision in Crosby v. National Foreign Trade Council; and (2) whether state-enacted economic sanctions that restrict the use of both public and private funds are preempted by federal law.

Certiorari stage documents:

CVSG Information:

The following petitions have been re-listed for the conference of May 12.  If any other paid petitions are re-distributed for this conference, we will add them below as soon as their re-distribution is noted on the docket.

Khadr v. Obama

Docket: 10-751
Issue(s): (1) Whether a district court considering a habeas corpus petition may give conclusive effect to the government’s assertion that the individual is unlikely to be tortured if transferred to another country? (2) Whether Section 242(a)(4) of the Immigration and Naturalization Act bars judicial review of claims under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment except in appeals from final orders of deportation, and if so construed, whether Section 242(a)(4) violates the Equal Protection Clause or the Suspension Clause.

Certiorari stage documents:

 

Posted in Cases in the Pipeline, Featured

Recommended Citation: Christa Culver, Petitions to watch | Conference of 05.12.11, SCOTUSblog (May. 10, 2011, 6:43 PM), http://www.scotusblog.com/2011/05/petitions-to-watch-conference-of-05-12-11/