SCOTUSblog's list of petitions with a "reasonable" chance of being granted
 Conference of 3/16

Click the highlighted docket number to download the cert. petition - other documents linked to as available.

Counsel of Record
Certiorari To
Summary of QP
Avis Budget Group v. Cal. State Teachers' Retirement System Samuel Kadet
Skadden Arps

Whether a secondary actor may be primarily liable under Section 10(b) of the Securities Exchange Act of 1934 for engaging in a "scheme to defraud" with the issuer, even where that secondary actor did not itself participate in making the challenged misstatements or omissions or engage in any act of "manipulation." (Also available: BIO, Reply) [Note: This case presents the same issue as Stoneridge Investment v. Scientific Atlanta,  06-43; see post hereStoneridge was granted on 3/26.]

Detroit Int'l Bridge Co. v. US                                                                                                                  Seth Waxman
Wilmer Hale

Whether requiring courts to apply the interest rate set in the Declaration of Taking Act to determine the compensation due when the government delays payment of just compensation for private property taken under the Act violates the Just Compensation Clause and the separation of powers when applying the statutory interest rate would materially undercompensate the landowner.  (Also available: BIO, Reply)

Kelley v. Bracewell Mark Stancil
Robbins Russell                    

Whether a crop bailout payment received by a debtor pursuant to legislation enacted by Congress after the debtor's filing for bankruptcy, but predicated entirely upon pre-petition events, is property of the bankruptcy estate.  (Also available: BIO, Reply)

U.S. Forest Service v. Earth Land Institute Paul Clement
Solicitor General


Whether a preliminary injunction should have been ordered when the court relied on declarations filed by parties in the district court, or should it have confined its review to the administrative record in determining whether respondents had shown a likelihood of success on the merits. (Also available: Resp. Sierra Pacific Industries in Support)

Joblove v. Barr Labs
Patrick Cafferty
Miller, Faucher & Cafferty                       
Whether an agreement by a brand pharmaceutical manufacturer (and patent holder) to share a portion of its future profits with a generic market entrant (and alleged patent infringer), in exchange for the generic's agreement not to market its product, is a violation of the antitrust laws.  (Also available: BIO, Reply) [Note: this case is featured in this week's Legal Times]
Old Stone Corp. v. US
Richard Taranto
Farr & Taranto
CA Fed
Whether the Federal Circuit incorrectly held that the victim of a total contract breach, by making post-breach mitigation efforts, made an "election of remedies" that forfeited its remedy of restitution, where it did not receive, and could not expect to receive, any post-breach contract performance from the breaching party.  (Also available: BIO, Reply, US Chamber Amicus) Denied
Louisiana Health Service and Indemnity Co. v. Rapides Healthcare System
Howard Shapiro
Proskauer Rose
Whether ERISA preempts a state law that authorizes an action to collect benefits previously paid to a plan participant and establishes a remedy outside ERISA's exclusive civil enforcement scheme, because the state law conflicts with the cause of action for benefits set forth in ERISA Section 502(a)(1)(B).  (Also available: BIO, Reply, Blue Cross Amicus) Denied
Goetz v. John B.
Charles Cooper
Cooper & Kirk

Whether the prohibition against bias on the part of judicial and quasi-judicial officers applies to a court-appointed special master and experts whose findings of noncompliance with a consent decree are adopted and whose proposed remedial measures are provisionally ordered by the district court.  (Also available: BIO, Reply)

Houk v. Joseph
Stephen Carney
Ohio AG's office
06-961 Whether, in granting habeas corpus relief, the Sixth Circuit misapplied settled rules that limit its role and authority and erroneously set aside reasonable state-court determinations of fact.  (Also available: BIO, Reply) Denied
Xerox Corp. Retirement Income Guarantee Plan v. Miller David Remes
Covington & Burling

Whether ERISA permits a pension plan, when calculating an employee's accrued pension benefit at retirement, to apply an offset for the benefits the employee receives before reitrement from other sources by valuing those benefits in the same way as benefits due at retirement.  (Also available: BIO, Reply, American Benefits Council Amicus)