Whether a party that is potentially
the cost of cleaning up property contaminated by hazardous substances
Comprehensive Environmental Response, Compensation, and Liability Act
but that does not satisfy the requirements for bringing an action for
contribution under Section 113(f) of CERCLA, may bring an action
another potentially responsible party under Section 107(a), 42 U.S.C.
9607(a). (Note: the SG responded in 05-1323 and recommended a
HOLD; see here.
The brief in support in 06-562 can also be found here).
|Beck v. Pace
||M. Miller Baker
McDermott Will & Emery
Whether an employer that sponsors and administers a single-employer defined benefit plan has a fiduciary obligation under ERISA to consider merger as a way to implement the employer's decision to terminate the plan. (SG recommends GRANT; see here.)
of India to the UN v.
Whether a suit to recover unpaid property taxes imposed on property owned by a foreign sovereign and to declare the validity of a tax lien arising out of those unpaid taxes falls within the immovable property exception to the general rule of immunity in the Foreign Sovereign Immu- nities Act of 1976. (SG recommends GRANT; see here.)
Kirkland & Ellis
Whether trying a prominent African-American politician tried in a foreign venue where the jury pool was virtually devoid of African-Americans violates the defendant's fundamental right to due process of law.
Canadian Pacific Railway Company
Public Citizen Lit. Group
Whether a federal statute that creates no cause of action for the injured party can provide a basis for federal jurisdiction and removal of a state tort claim filed in state court under the doctrine of complete preemption. (See BIO, reply. Thanks to Paul Levy for the docs.)
v. North Dakota
Stanford S. Ct. Lit. Clinic
|S. Ct. of
Whether the Sixth Amendment's Confrontation Clause permits a prosecutor to introduce a state forensic examiner's crime laboratory report against the accused as a substitute for the forensic examiner's live testimony, so long as the accused is left with the ability to subpoena the forensic examiner as part of his defense.
v. Tyson Foods
Univ. of Wash.
In employment discrimination cases, what standard should govern pretext claims based on superior qualifications? (Update: petition now available).
v. Wisconsin Right to Life*
||Whether the three-judge district
court erred in holding that the federal statutory prohibition on a
corporation's use of general treasury funds to finance "electioneering
communications" is unconstitutional as applied to three broadcast
advertisements that appellee proposed to run in 2004. (See
documents and blog posts about this case here,
*Note: This case did not appear in Legal Times