Petitions We're Watching

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Petitions for Conference of 02.24.2012

Conference Docket Case Page Issue(s) CVSG
02.24.2012 11-670 Bowie v. Maddox Whether a government employee who provides truthful sworn testimony (or declines to give false sworn testimony) about facts related to his job in connection with an official proceeding may be deprived of first amendment protection for his speech on the ground that it was made "pursuant to his official duties," under Garcetti v. Caballos (2006)? N/A
02.24.2012 11-541 Michigan v. U.S. Army Corps of Engineers (1) Whether a request for multiple types of preliminary injunctive relief requires a balancing of harms with respect to each form of relief requested; and (2) whether a party’s statement that it is “considering” implementing the relief requested in a motion for injunction is a ground for denying the injunction. N/A
02.24.2012 11-517 Byrne v. Jackler (1) May a government employer, free of First Amendment liability, discipline an employee for his refusal to prepare a job-related report? (2) Is there an exception to Garcetti v. Ceballos for law enforcement employees? N/A
02.24.2012 11-497 Mountaire Farms v. Perez (1) Whether donning and doffing generic safety and sanitary gear is “preliminary or postliminary activity” excluded from compensable time under the Portal Act or is instead “integral and indispensable” to an employee’s work and thus compensable or, alternatively, either compensable itself as “work” or not compensable as “not work;” (2) whether compensable time is measured from the time an employee first obtains the first piece of generic safety and sanitary gear, through the time the employee last disposes of the last piece of gear; (3) whether compensable time is measured as the mean time for performing the subject activity, rather than the “minimum time reasonably necessary” for accomplishing the activity; and (4) whether the Fourth Circuit’s aggregation of time increments across plaintiffs, work-weeks, and work-years conflicts with this Court’s prior precedents creating a de minimis exception to the Fair Labor Standards Act. N/A

Petitions for Conference of 02.17.2012

Conference Docket Case Page Issue(s) CVSG
02.17.2012 11-772 Greenberg Traurig, L.L.P. v. Conwill Whether petitioners lacked standing to appeal the dismissal without prejudice of a claim brought against them when they will incur substantial attorneys’ fees in defense of the refiled claim and a favorable decision on appeal would have ended the litigation between the parties. N/A
02.17.2012 11-760 City of Redondo Beach v. Comite de Jornaleros de Redondo Beach Whether the City of Redondo Beach’s ordinance, which makes it unlawful for a person to stand on a street or highway and solicit employment, business, or contributions from the occupant of a motor vehicle, is overbroad and therefore facially invalid under the Free Speech Clause of the First Amendment. N/A
02.17.2012 11-746 City of Arlington v. Frame (1) Whether a city’s sidewalks, curb ramps, and parking lots – and, by logical extension, other forms of physical infrastructure owned by municipal or state governments – qualify as a “service,” “program,” or “activity” of a public entity within the meaning of Section 202 of the Americans With Disabilities Act (ADA) or Section 504 of the Rehabilitation Act; and (2) when does a cause of action under those provisions of the ADA and Rehabilitation Act accrue, where the plaintiff’s claims are based on a municipality’s failure to originally build or alter sidewalks or curb ramps so as to provide persons with disabilities with adequate access to a governmental “service,” “program,” or “activity”? N/A
02.17.2012 11-742 Troyanos v. Coats (1) Whether an inmate, consistent with this Court’s decision in Farmer v. Brennan, may maintain a Section 1983 claim by alleging that an official had knowledge of a substantial risk of serious harm without alleging that the official had knowledge of the specific harm suffered; (2) Whether a uniform standard be established to allow an inmate to properly maintain a Section 1983 claim for failure to train even if liability cannot be ascribed to a single, individual officer; and (3) whether the subjective recklessness standard for claims brought by prisoners under the Eighth Amendment applies equally to claims brought by detainees under the Fourteenth Amendment? N/A
02.17.2012 11-736 Sandel v. Williams (1) Whether criminal proceedings that result in conviction preclude a federal civil rights claim for excessive use of force, under circumstances where the use of excessive force would provide a complete affirmative defense to an offense of conviction in the forum where the conviction is adjudged; and (2) whether a claim of excessive use of force is barred on grounds of qualified immunity to the extent such claim is premised upon allegations of fact that are conclusively rebutted by documentary video footage of the incident giving rise to the claim. N/A
02.17.2012 11-729 Ute Mountain Ute Tribe v. Padilla (1) Whether a state has the power to tax minerals production within the territorial boundaries of an Indian nation when the state provides no services in that location whatsoever, and where the tribe’s members cannot even vote in that state’s elections, amounting to taxation without representation; and (2) whether Cotton Petroleum Corp. v. New Mexico (1989) permits New Mexico to tax oil and gas operators’ activities on Indian trust land even where, as here, “the State has nothing to do with the on-reservation activity, save tax it”? N/A
02.17.2012 11-728 Aerolease of America v. Vreeland Whether 49 U.S.C. § 44112 (which insulates commercial aircraft lessors who are not in possession or control of the aircraft from legal liability for personal injury, death, or property damage) preempts any contrary state law that allows claims of vicarious liability against such lessors. N/A
02.17.2012 11-725 Association for Molecular Pathology v. Myriad Genetics (1) Whether human genes are patentable; and (2) whether petitioners, who have been indisputably deterred by Myriad’s “active enforcement” of its patent rights, lack standing to challenge those patents absent evidence that they have been personally and directly threatened with an infringement action. N/A
02.17.2012 11-705 Star Northwest v. City of Kenmore Whether the Washington Court of Appeals erred when it refused to apply Lingle v. Chevron (2005), based on the erroneous premise that the “vice-like” character of Star Northwest’s state-licensed, lawfully operating business foreclosed Star Northwest’s takings claim under the Fifth Amendment. N/A
02.17.2012 11-653 McGinness v. Crime, Justice and America (1) Whether the First Amendment provides commercial publishers with a right to demand that jail and prison administrators distribute their unsolicited publications to inmates; and (2) whether it is consistent with federalism and separation of powers concerns for federal courts to order elected county sheriffs to distribute unsolicited commercial publications to inmates, based on an evaluation of the content of the publications, and the number of publications the publisher is seeking to distribute, in each particular case. N/A
02.17.2012 11-651 Reniff v. Hrdlicka (1) Whether the First Amendment provides commercial publishers with a right to demand that jail and prison administrators distribute their unsolicited publications to inmates; and (2) whether it is consistent with federalism and separation of powers concerns for federal courts to order elected county sheriffs to distribute unsolicited commercial publications to inmates, based on an evaluation of the content of the publications, and the number of publications the publisher is seeking to distribute, in each particular case. N/A
02.17.2012 11-626 Lozman v. City of Riviera Beach, Florida Whether a floating structure that is indefinitely moored, receives power and other utilities from shore, and is not intended to be used in maritime transportation or commerce constitutes a “vessel” under 1 U.S.C. § 3, thus triggering federal maritime jurisdiction. N/A
02.17.2012 11-616 City of St. Louis, Missouri v. Neighborhood Enterprises (1) Whether the City of St. Louis Sign Code, which exempts from the definition of “Sign” certain de minimus items -- such as flags, merchandise window displays, time and temperature devices, civic symbols or crests, on-site church displays and works of art – that are not regulated as signage but regulates objects of speech , infringes speech based on content, or whether it is instead constitutionally proper for the City of St. Louis to distinguish in its Sign Code between these different objects of speech for purposes of municipal regulation consistent with the constitutional doctrine of content-neutrality; and (2) whether the City of St. Louis Sign Code, which allows without permit certain items (such as traffic safety and directional signs, danger or cautionary signs, cornerstones and commemorative and historical signs, address numbers, holiday decorations, business window signs, information and directional signs related to a property's use, wall or window political signs, temporary signs related to private construction, private sale, lease and rental, parking signs, and signs on refuse containers) has infringed speech based on content by allowing such signs but regulating other signage, including the sign in the instant case. N/A
02.17.2012 11-610 Williams v. Sandel (1) Whether police officers’ conduct is “objectively unreasonable” and therefore violates a clearly unarmed misdemeanant’s right to be free from excessive force under the Fourth Amendment when the officers stunned the misdemeanant thirty-seven times with a Taser, without warning, and severely beat him with batons, while incapacitated, rather than securing him; and (2) whether a court errs when it fails to consider the second prong of Saucier v. Katz if the plaintiff in a Section 1983 action can establish that a particularized constitutional right is clearly established in other Circuits and its own, especially considering this Court’s recent holding in Pearson v. Callahan , that the prongs need not be considered sequentially? N/A
02.17.2012 11-596 Janssen Biotech v. Abbott Laboratories Whether Section 112 of the Patent Act, which requires the specification of a patent application to “contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same,” forecloses the Federal Circuit’s written-description mandate, which in implementation (i) has required a heightened, actual reduction-to-practice standard for biotechnology patents, (ii) has licensed de novo appellate review of what the Federal Circuit labels a fact question, and (iii) has led to substantial unpredictability and instability in patent protection. N/A
02.17.2012 11-556 Vance v. Ball State University Whether the “supervisor” liability rule established by Faragher v. City of Boca Raton (1998) and Burlington Industries, Inc. v. Ellerth (1998) (i) applies to harassment by those whom the employer vests with authority to direct and oversee their victim’s daily work, or (ii) is limited to those harassers who have the power to “hire, fire, demote, promote, transfer, or discipline” their victim. N/A
02.17.2012 11-549 Hynix Semiconductor Inc. v. Rambus Inc. (1) Whether principles of equity recognized in Miller v. Brass Co. " and Woodbridge v. United States , foreclose the infringement claims of a participant in a standard- setting organization that conceals its pending applications while secretly amending its claims to cover the emerging standard; delays the issuance of its amended claims until after it has exited the organization; and then alleges that standard compliant products infringe claims descending from the concealed applications. (2) Whether the specification and the prosecution history of a patent are the principal guides to construction of the patent’s claims, as the Federal Circuit held in Philips v. AWH Corp. or whether the specification and the prosecution history are relevant only if they amount to a “clear disclaimer or disavowal” of the dictionary meaning of claim terms, as the Federal Circuit held in this case. N/A
02.17.2012 11-539 Peninsula School District v. D.P. (1) Under the Individuals with Disabilities Education Act (IDEA), what is the test for determining whether a plaintiff is “seeking relief that is also available under [IDEA],” thereby triggering the Act’s requirement that the plaintiff exhaust administrative remedies before filing suit? (2) When a plaintiff is in part “seeking relief also available under [IDEA],” must that plaintiff first exhaust the administrative remedies available under IDEA before pursuing any federal claim? (3) May a court reject a properly supported summary judgment motion and allow the non-moving party to amend its complaint to assert facts that contradict sworn deposition testimony? N/A
02.17.2012 11-431 Rubin v. Islamic Republic of Iran Whether Section 1609 of the Foreign Sovereign Immunities Act of 1976, which provides that the property of a foreign state and its agencies and instrumentalities is immune from execution and attachment unless that property falls within a statutory exception to immunity, permits discovery in aid of execution only with respect to specific property identified by the plaintiff as potentially subject to attachment. N/A
02.17.2012 11-430 Bogan v. City of Chicago Does the “basic principle of Fourth Amendment law… that searches and seizures inside a home without a warrant are presumptively unreasonable,” recently reaffirmed in Kentucky v. King (2011), apply to civil damage actions brought under 42 U.S.C. § 1983 to place on defendant police officers the burden of persuading the finder of fact that their warrantless search of a dwelling was justified by exigent circumstances? N/A
02.17.2012 11-394 Clarksburg Nursing Home & Rehabilitation Center, LLC v. Marchio Whether Section 2 of the Federal Arbitration Act preempts a state-law rule prohibiting the enforcement of a pre-dispute arbitration agreement when a plaintiff asserts a personal injury or wrongful death claim. N/A
02.17.2012 11-391 Marmet Health Care Center v. Brown (1) Whether Section 2 of the Federal Arbitration Act (FAA) preempts a state-law rule that prohibits the enforcement of a pre-dispute arbitration agreement when a plaintiff asserts a personal injury or wrongful death claim; and (2) whether the Supreme Court of Appeals of West Virginia applied its state law unconscionability doctrine in a manner that subjected petitioners’ arbitration provisions to special scrutiny, thereby contravening the FAA. N/A
02.17.2012 11-345 Fisher v. University of Texas at Austin Whether this Court’s decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter v. Bollinger, 539 U.S. 306 (2003), permit the University of Texas at Austin’s use of race in undergraduate admissions decisions. N/A
02.17.2012 11-311 E.R.G. v. E.H.G. Whether under the Due Process Clause of the Fourteenth Amendment, grandparents who seek court-ordered visitation with their grandchildren must prove that a compelling circumstance necessitates visitation, or whether constitutional requirements are instead satisfied where the court considering the visitation request applies a presumption in favor of the parents' wishes and places on the petitioning grandparent the burden of proving that visitation is in the children's best interest. N/A
02.17.2012 11-38 Wetzel v. Lambert Did the Third Circuit fail to properly apply the habeas deference standard to the state court's rejection of respondent's Brady claim? N/A

Petitions Not Set for Conference

Conference Docket Case Page Issue(s) CVSG
N/A 11-901 Pipefitters Local 636 Insurance Fund v. Blue Cross Blue Shield of Michigan (1) Whether a district court is precluded from certifying a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when, at the time of the certification decision, the legal question common to the class has already been resolved; and (2) whether, under Federal Rule of Civil Procedure 23(b)(3), a court may consider, as a reason to deny class certification, the financial or other public policy consequences that may arise if the class members’ claims are meritorious and litigated on a class basis. N/A
N/A 11-891 County of Los Angeles v. Association for Los Angeles Deputy Sheriffs (1) Whether, under the Constitution, a public entity has the right to define the terms of a law enforcement officer’s employment so that when the officer is charged with a felony, the entity may suspend the officer without pay pending resolution of the criminal charge; and (2) whether, if a public entity suspends a law enforcement officer based on a pending felony charge and the officer later disproves the allegations underlying the charge, the Constitution requires the public entity to pay backpay for the suspension, even though terms of the officer’s employment do not entitle the officer to such pay? N/A
N/A 11-890 Bright v. Holder (1) Whether a noncitizen who fails to respond to an agency order to report for removal is a “fugitive” for purposes of applying the “fugitive disentitlement” doctrine where the petitioner has not absconded and his address is known to the court and the government; (2) whether a petitioner is a “fugitive” for purposes of applying the “fugitive disentitlement” doctrine even if he has been detained and is in government custody; and (3) whether the doctrine is a per se jurisdictional bar to appellate review, or merely authorizes a court to exercise its discretion and weigh the equities in a particular case. N/A
N/A 11-889 Tarrant Regional Water District v. Herrmann (1) Whether Congress’s approval of an interstate water compact that grants the contracting states “equal rights” to certain surface water and – using language present in almost all such compacts— provides that the compact shall not “be deemed . . . to interfere” with each state’s “appropriation, use, and control of water . . . not inconsistent with its obligations under this Compact,” manifests unmistakably clear congressional consent to state laws that expressly burden interstate commerce in water; and (2) whether a provision of a congressionally approved multi-state compact that is designed to ensure an equal share of water among the contracting states preempts protectionist state laws that obstruct other states from accessing the water to which they are entitled by the compact. N/A
N/A 11-881 Merrifield v. County Commissioners for Santa Fe Whether a public employee discharged in retaliation for consulting with a private attorney may establish a violation of his constitutional right of association only if his association with the attorney involved a matter of public concern. N/A
N/A 11-872 New York v. Wingate (1) Whether, under the Sixth Amendment, a court may allow a defendant to proceed pro se at a suppression hearing where the defendant unequivocally expresses his desire to proceed without counsel, the trial court warns him of the likelihood of a conviction and jail sentence, and the record otherwise demonstrates that the defendant’s decision is knowing, voluntary, and intelligent; and (2) whether a state court may afford more protection to a defendant’s right to counsel at a suppression hearing than the Sixth Amendment requires when doing so infringes the defendant’s specifically invoked Sixth Amendment right to self-representation? N/A
N/A 11-864 Comcast v. Behrend Whether a district court may certify a class action without resolving “merits arguments” that bear on Federal Rule of Civil Procedure 23’s prerequisites for certification, including whether purportedly common issues predominate over individual ones under Rule 23(b)(3). N/A
N/A 11-853 Denney v. Griffin When the state failed to disclose exculpatory evidence, can a court find that the defendant’s due process rights were violated at the time of trial because of that omission when the basis for concluding that the omission caused prejudice included not just the evidence not disclosed, but also other evidence that did not even come into existence until after trial? N/A
N/A 11-852 City of Hugo, Oklahoma v. Buchannan Whether a political subdivision has standing, in a suit against its parent state, to press (i) exclusively statutory claims; (ii) exclusively “structural” claims (constitutional or statutory); or (iii) no claim at all, so that petitioners may challenge (or not) a state law on the ground that it exceeds the state’s power under the dormant Commerce Clause. N/A
N/A 11-840 John Doe AP v. Roman Catholic Archdiocese of St. Louis Whether the First Amendment shields religious organizations from accountability for negligence and negligent supervision and retention of their employees who sexually abuse children. N/A
N/A 11-834 Baca v. Starr (1) Whether, under Ashcroft v. Iqbal, a county sheriff or other high-level supervisory official may be held liable for an Eighth Amendment violation, stemming from an assault on a prisoner perpetrated by jail inmates and guards, if the plaintiff does not allege facts showing that the sheriff actually knew of, yet failed to respond to, the particular risk of assault the plaintiff faced, and that the sheriff ’s failure to act was the cause of the plaintiff ’s injury; and (2) whether a complaint seeking to hold a high-level supervisory official liable for the acts of subordinate officials, that alleges unrelated incidents of violence over several years in a 20,000-inmate jail system, satisfies Iqbal’s plausibility requirement? N/A
N/A 11-833 Johnson v. U.S. Whether 18 U.S.C. § 1958(a), which makes it a crime to travel in or use a facility in interstate or foreign commerce “with intent that a murder be committed” for money or something of pecuniary value, or to conspire to do so, requires that the interstate activity be done for the purpose of facilitating or making easier the commission of the underlying crime of murder? N/A
N/A 11-829 King v. Kansas Judicial Watch Whether, when a plaintiff obtains a preliminary injunction but the case is mooted prior to resolution of the plaintiff’s claims for declaratory and permanent injunctive relief, the plaintiff is a “prevailing party” for purposes of 42 U.S.C. § 1988(b)? N/A
N/A 11-820 Chaidez v. U.S. Whether the Court’s decision in Padilla v. Kentucky , holding that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation, applies to persons whose convictions became final before its announcement. N/A
N/A 11-817 Florida v. Harris Whether an alert by a well-trained narcotics detection dog certified to detect illegal contraband is insufficient to establish probable cause for the search of a vehicle. N/A
N/A 11-798 American Trucking Associations v. City of Los Angeles (1) Whether 49 U.S.C. § 14501(c)(1), which provides that “a State [or] political subdivision . . . may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier . . . with respect to the transportation of property,” contains an unexpressed “market participant” exception and permits a municipal governmental entity to take action that conflicts with the express preemption clause, occurs in a market in which the municipal entity does not participate, and is unconnected with any interest in the efficient procurement of services; (2) whether a required concession agreement setting out various conditions a motor carrier must meet to serve a particular port imposes any requirements that are “related to a price, route, or service of any motor carrier” for the purposes of preemption under Section 14501(c)(1); and (3) whether permitting a municipal governmental entity to bar federally licensed motor carriers from access to a port operates as a partial suspension of the motor carriers’ federal registration, in violation of Castle v. Hayes Freight Lines Inc. N/A
N/A 11-786 Nampa Classical Academy v. Goesling (1) Whether a state agency can ban the objective use of all materials it deems “religious” from public schools (including charter schools) and universities without First Amendment scrutiny. (2) Whether the state has either a valid educational interest or a mandate from the Establishment Clause to prohibit the objective use of all religious materials in a secular curriculum. (3) Whether “political subdivisions” are barred per se from suing their states in federal court regardless of their degree of independence or type of claim. N/A
N/A 11-782 Marina Point Development Co. v. Center for Biological Diversity Whether courts can properly award attorney’s fees and costs under fee-shifting statutes that limit such awards to “appropriate” circumstances when, as here, the matter becomes moot on appeal, the judgment of this district court is vacated and undone, and the plaintiff ultimately accomplishes nothing? N/A
N/A 11-775 Mann v. California Whether certiorari should be granted to examine and overrule California’s rule that the Sixth Amendment Right to a speedy trial is never applied to a case in which the defendant is charged by complaint and arrested and arraigned on the complaint but always requires that he be either indicted or held to answer on an information. N/A
N/A 11-770 Bailey v. U.S. Whether, pursuant to Michigan v. Summers, police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed. N/A
N/A 11-756 R.J. Reynolds Tobacco Co. v. Campbell Whether the imposition of liability based on earlier litigation without any assurance that the earlier litigation actually decided the precluded issue violates the Due Process Clause of the Fourteenth Amendment. N/A
N/A 11-755 R.J. Reynolds Tobacco Co. v. Hall Whether the imposition of liability based on earlier litigation without any assurance that the earlier litigation actually decided the precluded issue violates the Due Process Clause of the Fourteenth Amendment. N/A
N/A 11-754 R.J. Reynolds Tobacco Co. v. Martin Whether the imposition of liability based on earlier litigation without any assurance that the earlier litigation actually decided the precluded issue violates the Due Process Clause of the Fourteenth Amendment. N/A
N/A 11-752 R.J. Reynolds Tobacco Co. v. Gray Whether the imposition of liability based on earlier litigation without any assurance that the earlier litigation actually decided the precluded issue violates the Due Process Clause of the Fourteenth Amendment. N/A
N/A 11-748 Signature Pharmacy v. Wright (1) Whether search warrants for a business that shares multi-occupancy buildings with others violate the particularity requirement of the Fourth Amendment where the warrants fail to identify the offices, floors or areas to be searched or the specific items to be seized, despite the officer’s knowledge of the business’s location within the buildings and the limited portion of the business under investigation; and (2) whether the Eleventh Circuit properly ruled that a lead officer with actual knowledge of a business’s operations and location within multi-occupancy buildings is entitled to qualified immunity where the officer prepared and obtained search warrants authorizing the unfettered search of the entire buildings and seizure of all business records and items, including those unconnected to the investigation. N/A
N/A 11-744 Alpha Delta Chi-Delta Chapter v. Reed (1) Whether a university violates the free speech and free association rights of religious student organizations by denying them access to a speech forum because they require their members and leaders to agree with the groups’ religious beliefs, while at the same time granting access to nonreligious groups that require their members and leaders to agree with the groups’ nonreligious beliefs; and (2) whether a university violates the Free Exercise Clause by expressly targeting religious student groups for exclusion from a student organization speech forum and by burdening their religious practice pursuant to a policy that is neither neutral nor generally applicable. N/A
N/A 11-741 Philip Morris USA v. Campbell Whether the Due Process Clause prohibits the use of issue preclusion to establish elements of a plaintiff’s claims where it cannot be shown that the issues being given preclusive effect were actually decided in a prior proceeding. N/A
N/A 11-740 Zurn Pex v. Cox When a party proffers expert testimony in support of or in opposition to a motion for class certification, may the district court rely on the testimony in ruling on the motion without conducting a full and conclusive examination of its admissibility under Federal Rule of Evidence 702 and this Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. ? N/A
N/A 11-708 Liu v. Pearson Education Whether the Copyright Act’s first-sale doctrine, as codified in 17 U.S.C. § 109(a) – under which the owner of any particular copy “lawfully made under this title” may resell that copy without the authority of the copyright holder – applies to copies lawfully manufactured abroad by the holder of U.S. copyright, or whether the redistribution of such copies remains under the U.S. copyright holder’s perpetual control simply because those copies were manufactured abroad. N/A
N/A 11-704 Perfect 10 v. Google Whether this Court’s decision in eBay Inc. v. MercExchange, L.L.C. overrule established precedent in virtually every circuit, that a showing of likelihood of success on the merits in a copyright infringement claim raises a presumption of irreparable harm for purposes of obtaining a preliminary injunction? N/A
N/A 11-702 Moncrieffe v. Holder Whether a conviction under a provision of state law that encompasses but is not limited to the distribution of a small amount of marijuana without remuneration constitutes an aggravated felony, notwithstanding that the record of conviction does not establish that the alien was convicted of conduct that would constitute a federal felony. N/A
N/A 11-698 National Association of Broadcasters v. Federal Communications Commission Whether the Third Circuit correctly upheld and retained future jurisdiction over media broadcast ownership rules promulgated by the Federal Communications Commission, where the D.C. Circuit previously held that the very local television ownership rule approved by the Third Circuit was arbitrary and capricious and not necessary in the public interest. N/A
N/A 11-697 Kirtsaeng v. John Wiley & Sons How do Section 602(a)(1) of the Copyright Act, which prohibits the importation of a work without the authority of the copyright’s owner, and Section 109(a) of the Copyright Act, which allows the owner of a copy “lawfully made under this title” to sell or otherwise dispose of the copy without the copyright owner’s permission, apply to a copy that was made and legally acquired abroad and then imported into the United States? N/A
N/A 11-696 Tribune Company v. Federal Communcations Commission (1) Whether the scarcity doctrine of Red Lion Broadcasting Co. v. FCC , should be overruled, thereby invalidating the Federal Communications Commission’s media ownership rules; and (2) whether the FCC’s continued restriction on the cross-ownership of newspapers and broadcast stations in the same market violates the First and Fifth Amendments because it singles out newspapers among all forms of mass communication for unequal treatment. N/A
N/A 11-691 Media General Inc. v. Federal Communications Commission Whether this Court should reconsider its decision in FCC v. National Citizen Committee for Broadcasting , that broadcast ownership restrictions are subject only to rational basis review. N/A
N/A 11-677 Moore v. Guerrero (1) Whether, if a magistrate receives a sworn complaint, finds probable cause to believe a crime has been committed, but issues a criminal summons in lieu of an arrest warrant, the Fourth Amendment prohibits a police officer from serving the summons on the accused in the same manner as a warrant; and, if so, (2) whether such law was clearly established in November 2007, given that no federal court had ever issued such a ruling, and several state laws specifically allow criminal summonses to be served in the same manner as warrants; and, (3) if such law was not clearly established, whether petitioner-defendant Moore is entitled to qualified immunity from suits arising out of his service of a criminal summons. N/A
N/A 11-674 Skilling v. U.S. (1) Whether Neder v. United States permits a court conducting a harmless-error analysis in the context of an “alternative theory” case to consider only the strength of the government’s case on the legally valid theory, without regard to whether the defendant contested that theory enough to create a factual dispute that rationally could have been resolved in the defendant’s favor; and (2) whether a court conducting a harmless-error analysis in the context of an “alternative theory” case may categorically exclude the defendant’s testimony in his own defense on the legally valid theory. N/A
N/A 11-652 Sid-Mar’s Restaurant & Lounge v. U.S. Whether an exception to the prior exclusive jurisdiction rule exists where the United States brings a later-filed federal action seeking title to property already within the jurisdiction of a state court. N/A
N/A 11-613 County of Erie v. Cash Does imposing municipal liability for a single incident of sexual assault on an inmate by a jail guard contravene the rigorous deliberate indifference and pattern and practice requirements of Connick v. Thompson (2011), Board of County Commissioners of Bryan County v. Brown (1997), and Monell v. Department of Social Services (1978)? N/A
N/A 11-604 EM Ltd. v. Republic of Argentina Section 1610 of the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602 et seq., sets forth the circumstances in which property of a foreign state or its agency or instrumentality “shall not be immune” from prejudgment attachment or execution in satisfaction of a judgment. 28 U.S.C. § 1610. Section 1611 restores immunity to property “of a foreign central bank or monetary authority held for its own account, unless such bank or authority, or its parent government, has explicitly waived its immunity.” Id. § 1611(b)(1). In First National City Bank v. Banco Para El Comercio Exterior de Cuba, 462 U.S. 611 (1983) ( “Bancec”), this Court held that in certain circumstances of injustice or control, the separate juridical status of a foreign state's agency or instrumentality should be disregarded. Id. at 629. In such cases, the agency or instrumentality should be treated as the alter ego of the foreign state, and “one may be held liable for the actions of the other.” Id. When a central bank has been adjudicated under this Court’s decision in First National City Bank v. Banco Para El Comercio Exterior de Cuba, to be the alter ego of a foreign state that has waived immunity from attachment and execution, does Section 1611(b)(1) of the Foreign Sovereign Immunities Act immunize the assets held in the name of that bank? (Sotomayor, J., recused.) 1-17-2012
N/A 11-597 Arkansas Game & Fish Commission v. U.S. Whether government actions that impose recurring flood invasions must continue permanently to take property within the meaning of the Takings Clause. N/A
N/A 11-591 Slough v. U.S. When the government has compelled individuals to make potentially incriminating statements, does prosecutors’ subsequent use of those statements in deciding to indict those individuals violate the Fifth Amendment’s Self-Incrimination Clause and the use immunity principles of Kastigar v. United States (1972)? N/A
N/A 11-555 City of Oakland, California v. Desert Outdoor Advertising (1) Whether a court can refuse to enforce a sister state’s judgment because it rests on a penal cause of action or whether it must enforce that judgment; and (2) if a court may decline enforcement consistent with full faith and credit, whether awards for attorney’s fees and costs, equitable disgorgement, and coercive per diem and statutory liquidated damages are penal for purposes of the exception. N/A
N/A 11-499 Ryan v. U.S. (1) Whether, to have preserved a claim that jury instructions directed and produced a conviction for noncriminal conduct, must a petitioner under 18 U.S.C. § 2255 have argued for the precise standard this Court articulated when it held this conduct noncriminal in a later case; (2) whether a federal court may disregard the government’s express acknowledgment that a petitioner preserved a claim that instructions directed and produced his conviction for noncriminal conduct; and (3) whether, when a jury was directed to convict a § 2255 petitioner of noncriminal conduct, he must show (a) that the evidence would have been insufficient to support his conviction under the appropriate standard; (b) that there is grave doubt whether the erroneous instructions had a substantial and injurious effect on the verdict; (c) that there is a reasonable likelihood that he was not convicted of a crime; or (d) that it is not clear beyond a reasonable doubt that he was convicted of a crime. N/A
N/A 11-460 Los Angeles County Flood Control District v. Natural Resources Defense Council (1) Whether “navigable waters of the United States” include only “naturally occurring” bodies of water so that construction of engineered channels or other man-made improvements to a river as part of municipal flood and storm control renders the improved portion no longer a “navigable water” under the Clean Water Act? (2) When water flows from one portion of a river that is navigable water of the United States, through a concrete channel or other engineered improvement in the river constructed for flood and stormwater control as part of a municipal separate storm sewer system, into a lower portion of the same river, can there be a “discharge” from an “outfall” under the Clean Water Act, notwithstanding this Court’s holding in South Florida Water Management District v. Miccosukee Tribe of Indians, 541 U.S. 95, 105 (2004), that transfer of water within a single body of water cannot constitute a “discharge” for purposes of the Act? 1-17-2012
N/A 11-415 Ramirez-Villalpando v. Holder Whether an abstract of judgment, which is prepared by a court clerk for sentencing purposes after a defendant’s guilty plea and without the defendant’s input, qualifi es as a conclusive record made or used in adjudicating guilt that may be relied upon to determine whether a prior conviction qualifi es as an aggravated felony under Shepard v. United States(2005). N/A
N/A 11-347 Georgia-Pacific West v. Northwest Environmental Defense Center Whether the Ninth Circuit should have deferred to EPA’s longstanding position that channeled runoff from forest roads does not require a permit, and erred when it mandated that EPA regulate such runoff as industrial stormwater subject to NPDES. (Breyer, J., recused.) 12.12.2011
N/A 11-343 Segal v. U.S. (1) Whether the intent to defraud, under the mail and wire fraud statutes, requires an intent to cause harm; (2) whether mail and wire fraud may be premised on misstatements to parties other than the alleged victims of the fraud, without evidence that the victims knew of the misstatements or would have found them material; and (3) whether the breach of a fiduciary or legal duty imposed by state law can form the basis for a federal mail or wire fraud prosecution. N/A
N/A 11-338 Decker v. Northwest Environmental Defense Center (1) Whether a citizen may bypass judicial review of a National Pollutant Discharge Elimination System (NPDES) permitting rule under 33 U.S.C. § 1369, and may instead challenge the validity of the rule in a citizen suit to enforce the Clean Water Act (CWA); and (2) whether the Ninth Circuit erred when it held that stormwater from logging roads is industrial stormwater under the rules of the CWA and the Environmental Protection Agency, even though EPA has determined that it is not industrial stormwater? (Breyer, J. recused) 12.12.2011
N/A 11-336 Corboy v. Louie (1) Whether petitioners have standing to seek a refund of their own taxes; and (2) whether the Equal Protection Clause precludes a state or municipality from creating tax exemptions that are available only to members of a certain race. 12.12.2011
N/A 11-83 Arctic Slope Native Association, Ltd. v. Sebelius Whether the Federal Circuit erred in holding that a government contractor which has fully performed its end of the bargain has no remedy when a government agency overcommits itself to other projects and, as a result, does not have enough money left in its annual appropriation to pay the contractor. N/A
N/A 11-79 Garcia v. Holder Whether a state conviction for possession of unspecified quantity of marijuana categorically constitutes a felony conviction under federal law (and therefore an “aggravated felony” under federal immigration law), even if the offense could fall within the federal misdemeanor exception for low-level drug offenses? N/A
N/A 11-42 Childers v. Floyd (1) Whether a state court has "adjudicated on the merits" under 28 U.S.C. § 2254(d) a properly preserved federal constitutional claim when the state court has rendered an extensive, reasoned decision deciding the issue solely on state law grounds and has failed to mention or address the federal constitutional issue; and (2) whether Olden v. Kentucky, Delaware v. Van Arsdall, and Davis v. Alaska permit a trial court to preclude cross-examination into the bias of a key witness on the ground that the trial court has allowed some cross-examination into bias. N/A
N/A 10-1555 Pacific Merchant Shipping Association v. Goldstene (1) Whether the Commerce Clause and the Supremacy Clause prohibit California's extraterritorial exercise of its police powers to require the use of specified low-sulfur fuels on foreign- and U.S.-flagged vessels engaged in foreign and interstate commerce while these ships are on the high seas; (2) Whether, by establishing the measure of California's seaward boundary at three geographical miles distant from its coast line, the Submerged Lands Act preempts California's regulations that require foreign- and U.S.-flagged vessels engaged in international and interstate commerce to use specified low-sulfur fuels while those ships are navigating outside of the state's three-mile seaward territorial boundary so established. 10/03/2011
N/A 10-1545 Demiraj v. Holder Whether, for purposes of the Immigration and Nationality Act, persecution in retaliation for the acts of a family member constitutes persecution on account of . . . membership in a particular social group. N/A
N/A 10-1377 Cook v. Rockwell Int'l Corp. (1) Whether state substantive law controls the standard of compensable harm in suits under the Price-Anderson Act, or whether the Act instead imposes a federal standard; and (2) whether, if a federal standard applies, a property owner whose land has been contaminated by radioactive plutonium, resulting in lost property value, must show some physical injury to the property beyond the contamination itself in order to recover for damage to property. 10/03/2011
N/A 10-1322 DirecTV v. Levin (1) Whether, in a Commerce Clause challenge to a state statute, courts need not examine the effects of the statute if it can be characterized as distinguishing between two competitors based upon their different methods of operation; and (2) whether courts need not examine the statute's effects because some of the beneficiaries of the discriminatory scheme are major interstate companies. 10/03/2011
N/A 10-1139 Faculty Senate of Florida Int’l University v. State of Florida (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. 5/16/2011
N/A 10-947 Bank Melli Iran NY Rep. Office v. Weinstein 1. Whether the Terrorism Risk Insurance Act overrides this Court'ss holding in First National City Bank v. Banco Para E1 Comercio Exterior de Cuba, 462 U.S. 611 (1983), and applicable treaty provisions by authorizing creditors of a foreign sovereign to execute against assets of the sovereign's juridically distinct instrumentalities. 2. Whether Congress violated Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 (1995), by retroactively revising the parties bound by a judgment that was already final when the statute was enacted. 6/13/2011
N/A 10-930 Ryan v. Gonzales Does 18 U.S.C. § 3599(a)(2) “which provides that an indigent capital state inmate pursuing federal habeas relief "shall be entitled to the appointment of one or more attorneys" entitle a death row inmate to stay the federal habeas proceedings he initiated if he is not competent to assist counsel? 5/31/2011

Calls for the Views of the Solicitor General

Conference Docket Case Page Issue(s) CVSG
N/A 11-604 EM Ltd. v. Republic of Argentina Section 1610 of the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602 et seq., sets forth the circumstances in which property of a foreign state or its agency or instrumentality “shall not be immune” from prejudgment attachment or execution in satisfaction of a judgment. 28 U.S.C. § 1610. Section 1611 restores immunity to property “of a foreign central bank or monetary authority held for its own account, unless such bank or authority, or its parent government, has explicitly waived its immunity.” Id. § 1611(b)(1). In First National City Bank v. Banco Para El Comercio Exterior de Cuba, 462 U.S. 611 (1983) ( “Bancec”), this Court held that in certain circumstances of injustice or control, the separate juridical status of a foreign state's agency or instrumentality should be disregarded. Id. at 629. In such cases, the agency or instrumentality should be treated as the alter ego of the foreign state, and “one may be held liable for the actions of the other.” Id. When a central bank has been adjudicated under this Court’s decision in First National City Bank v. Banco Para El Comercio Exterior de Cuba, to be the alter ego of a foreign state that has waived immunity from attachment and execution, does Section 1611(b)(1) of the Foreign Sovereign Immunities Act immunize the assets held in the name of that bank? (Sotomayor, J., recused.) 1-17-2012
N/A 11-460 Los Angeles County Flood Control District v. Natural Resources Defense Council (1) Whether “navigable waters of the United States” include only “naturally occurring” bodies of water so that construction of engineered channels or other man-made improvements to a river as part of municipal flood and storm control renders the improved portion no longer a “navigable water” under the Clean Water Act? (2) When water flows from one portion of a river that is navigable water of the United States, through a concrete channel or other engineered improvement in the river constructed for flood and stormwater control as part of a municipal separate storm sewer system, into a lower portion of the same river, can there be a “discharge” from an “outfall” under the Clean Water Act, notwithstanding this Court’s holding in South Florida Water Management District v. Miccosukee Tribe of Indians, 541 U.S. 95, 105 (2004), that transfer of water within a single body of water cannot constitute a “discharge” for purposes of the Act? 1-17-2012
N/A 11-347 Georgia-Pacific West v. Northwest Environmental Defense Center Whether the Ninth Circuit should have deferred to EPA’s longstanding position that channeled runoff from forest roads does not require a permit, and erred when it mandated that EPA regulate such runoff as industrial stormwater subject to NPDES. (Breyer, J., recused.) 12.12.2011
N/A 11-338 Decker v. Northwest Environmental Defense Center (1) Whether a citizen may bypass judicial review of a National Pollutant Discharge Elimination System (NPDES) permitting rule under 33 U.S.C. § 1369, and may instead challenge the validity of the rule in a citizen suit to enforce the Clean Water Act (CWA); and (2) whether the Ninth Circuit erred when it held that stormwater from logging roads is industrial stormwater under the rules of the CWA and the Environmental Protection Agency, even though EPA has determined that it is not industrial stormwater? (Breyer, J. recused) 12.12.2011
N/A 11-336 Corboy v. Louie (1) Whether petitioners have standing to seek a refund of their own taxes; and (2) whether the Equal Protection Clause precludes a state or municipality from creating tax exemptions that are available only to members of a certain race. 12.12.2011
N/A 10-1555 Pacific Merchant Shipping Association v. Goldstene (1) Whether the Commerce Clause and the Supremacy Clause prohibit California's extraterritorial exercise of its police powers to require the use of specified low-sulfur fuels on foreign- and U.S.-flagged vessels engaged in foreign and interstate commerce while these ships are on the high seas; (2) Whether, by establishing the measure of California's seaward boundary at three geographical miles distant from its coast line, the Submerged Lands Act preempts California's regulations that require foreign- and U.S.-flagged vessels engaged in international and interstate commerce to use specified low-sulfur fuels while those ships are navigating outside of the state's three-mile seaward territorial boundary so established. 10/03/2011
N/A 10-1377 Cook v. Rockwell Int'l Corp. (1) Whether state substantive law controls the standard of compensable harm in suits under the Price-Anderson Act, or whether the Act instead imposes a federal standard; and (2) whether, if a federal standard applies, a property owner whose land has been contaminated by radioactive plutonium, resulting in lost property value, must show some physical injury to the property beyond the contamination itself in order to recover for damage to property. 10/03/2011
N/A 10-1322 DirecTV v. Levin (1) Whether, in a Commerce Clause challenge to a state statute, courts need not examine the effects of the statute if it can be characterized as distinguishing between two competitors based upon their different methods of operation; and (2) whether courts need not examine the statute's effects because some of the beneficiaries of the discriminatory scheme are major interstate companies. 10/03/2011
N/A 10-1139 Faculty Senate of Florida Int’l University v. State of Florida (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. 5/16/2011
N/A 10-947 Bank Melli Iran NY Rep. Office v. Weinstein 1. Whether the Terrorism Risk Insurance Act overrides this Court'ss holding in First National City Bank v. Banco Para E1 Comercio Exterior de Cuba, 462 U.S. 611 (1983), and applicable treaty provisions by authorizing creditors of a foreign sovereign to execute against assets of the sovereign's juridically distinct instrumentalities. 2. Whether Congress violated Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 (1995), by retroactively revising the parties bound by a judgment that was already final when the statute was enacted. 6/13/2011
N/A 10-930 Ryan v. Gonzales Does 18 U.S.C. § 3599(a)(2) “which provides that an indigent capital state inmate pursuing federal habeas relief "shall be entitled to the appointment of one or more attorneys" entitle a death row inmate to stay the federal habeas proceedings he initiated if he is not competent to assist counsel? 5/31/2011

Petitions Held for Another Conference

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