Posted Tue, May 10th, 2011 6:43 pm
Petitions to watch | Conference of 05.12.11
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:
- Opinion below (1st Circuit)
- Petition for certiorari
- Brief in opposition of respondent Suiza Dairy, Inc.
- Brief in opposition of respondent VaquerÃa Tres Monjitas, Inc.
- Petitioners' reply
- Amicus brief of Texas et al.
- Supplemental brief for the petitioner
CVSG Information:
- Invited: October 12, 2010
- Filed: April 7, 2011 (Recommended denial)
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:
- Invited: May 16, 2011
- Filed: August 25, 2011 (Grant)
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:
Guggenheim v. City of Goleta
Docket: 10-1125
Issue(s): Under Palazzolo v. Rhode Island, 533 U.S. 606 (2001), is the purchaser of property subject to a regulatory restriction foreclosed from challenging the restriction as a violation of the Takings Clause?
Certiorari stage documents:
- Opinion below (9th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioners' reply
- Amicus brief of Equity Lifestyle Properties
- Amicus brief of California Apartment Association
- Amicus brief of Center for Constitutional Jurisprudence et al.
- Amicus brief of California Association of Realtors
- Amicus brief of Manufactured Housing Institute
- Amicus brief of National Federation of Independent Business Small Business Legal Center
- Amicus brief of Pacific Legal Foundation et al.
- Amicus brief of National Association of Home Builders
- Amicus brief of Graphic Artists Guild et al. (forthcoming)
- Amicus brief of the Cato Institute
- Amimcus brief of National Apartment Association et al. (forthcoming)
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:
- Opinion below (11th Cir.)
- Petition for certiorari
- Brief in opposition
- Amicus brief of the National Foreign Trade Council et al.
- Supplemental brief of respondent
CVSG Information:
- Invited: May 16, 2011
- Filed: May 24, 2012 (Deny or GVR)
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:
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/
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