| Name |
Counsel
of Record |
Certiorari To |
DN |
Summary of QP |
Status |
| King
et al. v. Grand River
Enterprises (Note: this case was mistakenly omitted from
the first version of this list.) |
Gary Feinerman SG of Illinois |
CA2 |
1343 |
Whether a court in one State may exercise personal jurisdiction over the Attorney General of another State in certain circumstances. | Denied |
| United
Hauler's Assoc v. Oneida-Herkimer
Solid Waste Management |
Evan Tager Mayer Brown |
CA2 |
1345 | Whether local ordinances mandating the transfer and sale of solid waste to public entities are invalid under the dormant Commerce Clause. | Granted, 9/26 |
| Educational
Credit Management v. Reynolds |
Curtis Zaun Edu. Credit Man. |
CA8 |
1361 | Whether discharging student-loan debt requires, as a threshold, an inability to repay that debt. | Denied |
| Alabama
v. Collins |
Kevin Newsom SG of Alabama |
Ct. of Crim.
App.of Ala. |
1378 |
Whether Davis' clear-invocation rule applies when the suspect ambiguously references a lawyer during an initial Miranda colloquy. | Denied |
| Oregon
v. ASW |
Mary Williams SG of Oregon |
CA9 |
1385 |
Whether Congress intended to create private rights to adoption assistance benefits when it enacted the Adoption Assistance Program. | Denied |
| Warch
v. Ohio Casualty Insurance Co. |
Lee Boothby Int'l Acad. for Freedom of Religion and Belief |
CA4 |
1387 |
Whether a terminated employee must show that he continues to meet his employer's legitimate job expectations in the prima facie stage of an age discrimination case. | Denied |
| Gonzales
v. Tchoukhrova |
Paul Clement Solicitor General |
CA9 | 1401 |
Whether a parent may qualify for asylum and withholding of removal based solely on alleged persecution of her child. | GVR |
| Moore
v. Maryland |
Albert Turkus Skadden Arps |
Ct. of App.
of Md. |
1411 |
Whether an indigent criminal defendant's right to due process of law was violated when he was denied state funds for expert assistance because he was represented by private counsel, rather than a Public Defender. | Denied |
| Dillard's
v. AZPB |
Lloyd Palans Bryan Cave |
CA Ariz.,
Div. 1 |
1422 |
Whether, under
federal principles of claim preclusion
and issue preclusion, an unsecured creditor of a debtor in bankruptcy
is in privity
with the Chapter 7 bankruptcy |
Denied |
| Travelers
v. Pacific Gas and Electric [Consol.
below with DeRoche] |
Eric Brunstad Bingham McCutchen |
CA9 |
1429 |
Whether a litigant may recover attorneys' fees under a contract or state statute where the issues litigated involve matters of federal bankruptcy law. [Disclosure: Tom Goldstein represents the respondent in this case.] | Granted, 10/6 |
| DeRoche
v. Arizona Industrial
Comm. [Consol. below with Travelers] |
Eric Brunstad Bingham McCutchen |
CA9 |
1439 |
Whether a litigant may recover attorneys' fees under a contract or state statute where the issues litigated involve matters of federal bankruptcy law. | GVR |
| Beck
v. Pace Int'l Union |
Miller Baker McDermott Will & Emery |
CA9 |
1448 | Whether a pension plan sponsor's decision to terminate a plan by purchasing an annuity is a plan sponsor decision not subject to ERISA's fiduciary obligations. | Granted, 1/19 |
| AT&T
v. RLH |
Michael Kellogg KHHTEF |
CA Calif.,
4th App. Dist, Div. 3 |
1493 | Whether a State's direct regulation of commercial conduct that occurs wholly outside that State and that has no effect on consumers or markets within that State is a per se violation of the Commerce Clause. | Denied |
| Allred
v. Sup. Ct. of Calif. |
Erwin Chemerinsky Duke University |
CA Calif.,
1st App. Dist. |
1505 |
Whether it violates the First Amendment for a trial court to issue an order in a criminal case preventing an attorney representing a non-party witness from making public statements about a pending case. | Denied |
| Alvarado
v. US |
Lawrence Robbins Robbins Russell |
CA4 |
1512 | Whether "dual sovereignty" principles apply in the Sixth amendment context in circumstances where a person is charged with overlapping state and federal drug offenses. | Denied |
| Quarterman
v. Graves |
Gena Bunn Texas AG's office |
CA5 |
1568 |
Whether a criminal defendant's rights are violated when prosecutors fail to disclose certain statements by a co-defendant. | Denied |
| Acosta
v. Texas |
Roger Jon Diamond |
Ct. of App.
of Tex., 8th Dist. |
1574 |
Whether a Texas prohibition on
the sale of sex toys is unconstituional on Due Process grounds,
especially in light of the holding in Lawrence
v. Texas. |
Denied |
| Schriro
v. Landrigan |
Kent Cattani Ariz. AG's Office |
CA9 |
1575 |
Whether defense counsel has an
obligation to develop and present mitigating evidence in a capital case
when
the defendant actively thwarts counsel's efforts. |
Granted,
9/26 |
| US
Bank Corp. v. Kroske |
Beth Brinkmann Morrison & Foerster |
CA9 |
1607 |
Whether a presumption against preemption permits state laws to apply to national banks despite the preemptive force of the National Bank Act. | Denied |
| Newell
v. Mass. Dept. of Mental Retardation |
Norman Pattis Law Offices of Norm Pattis |
S. Jud. Ct.
of Mass. |
1622 |
Whether a judgment
on the merits and a court-ordered consent decree are
the only form of relief that meet the "judicial imprimatur" requirement
for the
award of attorney's fees. |
Denied |
| Gonzales
v. Duenas-Alvarez |
Paul Clement Solicitor General |
CA9 |
1629 | Whether a "theft offense," which is an "aggravated felony" under the Immigration and Nationality Act, includes aiding and abetting. | Granted, 9/26 |
| Corzine
v. Amer. Trucking Assoc. |
Patrick DeAlmeida NJ AG's Office |
CA3 |
1638 |
Whether highway safety regulations that have an incidental effect on interstate commerce are subject to strict scrutiny under the dormant Commerce Clause. | Denied |
| Wallace
v. Calogero [Consol.
below with Leclerc] |
William Livingston Covington & Burling |
CA5 |
1645 |
Whether a state law that discriminates against nonpermanent visaholding resident aliens ought to be analyzed under strict scrutiny for the purposes of an Equal Protection challenge. | CVSG,
Deny |
| Washington
v. Washington Edu.
Assoc. |
William Collins Dep. SG of Wash. |
S. Ct. of
Wash. |
1657 |
Whether a requirement that nonmembers of a union must affirmatively consent before their fees may be used to support the union's political agenda violate the union's First Amendment rights. | Granted, 9/26 |
| Petitions Below are |
Docketed 06- |
||||
| Leclerc
v. Webb [Concol. below with Wallace] |
Jeffrey Sarles Mayer Brown |
CA5 |
11 | Whether a state law that discriminates against nonpermanent visaholding resident aliens ought to be analyzed under strict scrutiny for the purposes of an Equal Protection challenge. | CVSG, Deny |
| Tomic
v. Catholic Diocese of Peoria |
Paul Wolfson Wilmer Hale |
CA7 |
15 | Whether the "ministerial exception" to federal employment discrimination laws bars the courts from adjudicating an age-discrimination complaint brought by a lay employee of a religious organization. | Denied |
| Detroit
Entertainment v. Romanski |
Tom Goldstein Akin Gump |
CA6 |
38 |
Whether private conduct that is contrary to state policy does not constitute "state action" for purposes of 42 U.S.C. 1983. | Denied |
| Hartford
Fire Insurance Co. v. Reynolds
[Consol. below with Safeco
and Geico] |
Carter Philips Sidley Austin |
CA9 |
82 |
Whether a defendant may "willfully"
violate Section 616 of the Fair Credit |
Dismissed |
| Safeco Insurance v. Burr [Consol. below with Hartford and Geico] | Michael Kellogg KHHTEF |
CA9 |
84 |
Whether a defendant may "willfully"
violate Section 616 of the Fair Credit |
Granted, 9/26 |
| Geico v. Edo [Consol. below with Safeco and Hartford] | Robert Allen Baker & McKenzie |
CA9 |
100 |
Whether a defendant may "willfully"
violate Section 616 of the Fair Credit |
Granted, 9/26 |
| Sinochem
Int'l v. Malaysia Int'l
Shipping |
Gregory Castanias Jones Day |
CA3 |
102 | Whether a district court must first conclusively establish jurisdiction before dismissing a suit on the ground of forum non conveniens. | Granted, 9/26 |
| Perm.
Miss. of India to the UN v. NY |
John Howley Kaye Scholer |
CA2 |
134 | Whether a tax lien on a foreign sovereign's real property is valid when the municipality seeking the taxes does not claim any right to own, use, enter, control, or possess the property at issue. | CVSG Granted |
| Name |
Counsel
of Record |
Certiorari To |
DN |
Summary |
Status |
| W.R.
Grace and Co. et al. v. US
|
Christopher Landau Kirkland & Ellis |
CA9 |
05-1363 |
What is the scope of the obligation of a responsible party to pay for a response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). | Denied |
| FreeEats.com v. North Dakota | John F. Cooney Venable LLP |
S. Ct. of
N.D. |
06-127 | Whether a North Dakota statute which restricts the making of prerecorded telephone calls to residents is preempted by the Telephone Consumer Protection Act and the implementing rule by the FCC as applied to prerecorded interstate telephone calls that seek to survey the recipient's political views. | Denied |
| At
Home v. Cox et al. |
Joseph Allerhand Weil, Gotshal & Manges |
CA2 |
06-147 | Whether statutory insiders may escape liability under sec. 16(b) of the Securities Exchange Act of 1934 because of a judicial interpretation that establishes the date of creation of a hybrid derivative instrument as the only "sale" date. | Denied |
| Woodford
v. Remeidio
|
Thomas Patterson Calif. AG's office |
CA9 |
06-167 |
Whether an inmate can proceed on
a civil rights claim that prison officials retaliated against him for
First Amdnement expression if the action taken against the inmate
objectively served a legitimate penological purpose. |
Denied |
| Sommers
v. Wells Fargo |
Stacy Obenhaus Gardere Wynne Sewell |
CA5 |
06-172 | Whether, banckrupcty law
remedies affecting a third party are barred if a bankruptcy court
modifies the automatic stay in effect from 11 USC sec. 362 and allows a
creditor to pursue state law claims against the third party. |
Denied |
| Conf. of 10/13 |
|
Conf.
of 10/13
|
|||
| Signator
Insurance v. Patten |
Edwin Schallert Debevoise & Plimpton |
CA4 |
06-49 | Whether an arbitral award may be vacated on nonstatutory, merits-based grounds - such as that the arbitrator manifestly disregarded the law or that the award did not draw its essence from the agreement - despite the explicit requirement of 9 U.S.C. sec. 9 that a court "must" confirm an arbitral award unless the award is vacated or corrected as provided in 9 U.S.C. secs. 10 and 11. | Denied |
| Drebick
et al. v. City of
Olympia
|
Meriem L. Hubbard Pacific Legal Foundation |
S. Ct. of
Wash. |
06-223 |
Whether a local government may avoid the "nexus" and "rough proportionality" tests of Nollan v. California Coastal Commission and Dolan v. City of Tigard by imposing development exactions either in the form of "impact" fees or by legislative enactment. | Denied |
| Hatch
v. Cellco Partnership* |
Margaret Chutich Minn. AG's office |
CA8 |
05-1159 (SG) |
Whether Minnesota's law
requiring wireless service providers to provide notice and obtain
customer consent before they change the terms of an existing contract
is preempted by 47 U.S.C. sec. 332(c)(3)(A). |
Denied |
| Name |
Counsel
of Record |
Certiorari To |
DN |
Summary |
Status |
| Winkelman v. Parma City School District | Jean-Claude Andre Ivey, Smith, & Ramirez |
CA6 |
05-983 |
Whether a non-lawyer parent of a
disabled child may
file a lawsuit, without a lawyer, to enforce the child's rights under
the
Individuals with Disabilities Education Act (IDEA). (Note: case was CVSG'd; see post here) |
Granted,
10/27 |
| Microsoft v. AT&T | Theodore Olson Gibson Dunn |
CAFC |
05-1056 |
Whether software object code can be a
component of a
patented invention and whether foreign-made copies of such a component
are to
be considered "supplied" from the |
Granted,
10/27 |
| Schmidt v. Van Patten | Christopher Wren Wisc. AG's office |
CA7 |
05-1527 |
Whether a defendant's Sixth Amendment
right to
effective counsel was violated because his counsel participated in a
no-contest
plea hearing by speakerphone. |
GVR |
| Scott v. Harris | Philip Savrin Freeman, Mathis, & Gary |
CA11 |
05-1631 |
Whether a law
enforcement officer violates a fleeing suspect's Fourth Amendment
rights by
using deadly force to terminate a dangerous high-speed pursuit. |
Granted,
10/27 |
| Omar v. Babock | Roy Wason Wason & Assoc. |
CA11 |
06-78 |
Whether the standard for imposing
liability under
section 1983 in child abuse should be the "professional judgment"
standard or
the "deliberate indifference" standard. |
Denied |
| Stolt-Nielsen v. US | Chris Curran White & Case |
CA3 |
06-97 |
Whether federal
courts have authority to enjoin federal prosecutors from breaching a
promise "not to bring any criminal prosecution" against a company and
its executives. (Note: Lyle has
written extensively on previous developments in this case.
Search SCOTUSblog for "Stolt") |
Denied |
| Cox v. DaimlerChrysler | Tom Casey SG of Mich. |
CA6. |
06-273 |
Whether Michigan laws that restrict
inmates to only a
prison bank account impose a burden on a private pension plan when the
plan is
required to send an inmate-pensioner's payments to the prison for
deposit into
the inmate's account. |
CVSG, Deny |
| Morse and Juneau School District v. Frederick | Kenneth Starr Kirkland & Ellis |
CA9 |
06-278 |
Whether the First Amendment
allows public schools to prohibit students from displaying messages
promoting the use of illegal substances at school-sponsored,
faculty-supervised events. (Note:
This case will be the lead in the edition of "Conference Call" running
in Legal Times on Monday, 10/23) |
Granted, 12/1 |
| Name |
Counsel
of Record |
Certiorari To |
DN |
Summary |
Status |
| Skakel v. |
Theodore Olson Gibson Dunn |
Sup. Ct. of
Conn. |
06-52 |
Whether it violates the Ex Post Facto
doctrine and due process for the judiciary to allow a state statute
that eliminates limitations periods for certain offenses to apply to
criminal acts conducted before the enactment of the statute. (This case
is the feature case in this week's edition of "Conference Call.") |
Denied |
| Davis et
al. v. |
Tom Goldstein Akin Gump |
CA6 |
06-160 |
Whether, when police use the fruits of an illegal search to secure a search warrant, evidence seized pursuant to the warrant is admissible under the "good faith exception" to the exclusionary rule (more briefs here). [Disclosure: Akin Gump and Howe & Russell represent the petitioners] |
Denied |
El Paso Tennessee Pipleine Co. v. Yolton |
Bobby Burchfield (176) Carter Phillips (201) |
CA6 |
06-176/ 06-201 |
Whether a retiree's health care benefits are "vested," and thus must be fully funded by the employer for the rest of the retiree's life because the collective bargaining agreement providing the benefits does not expressly limit their duration. [Consol. below] |
Denied |
| Riegel v. Medtronic | Allison M. Zieve Public Citizen Lit. Grp. |
CA2 |
06-179 |
Whether the express preemption provision of the Medical Device Amendments to the Food, Drug, and Cosmetic Act preempts state-law claims seeking damages for injuries caused by medical devices that received premarket approval from the FDA. |
CVSG, Deny |
| Ayers v. |
Scott Tarlyle Calif. AG's office |
CA9 |
06-287 |
Whether the
Ninth
Circuit violated the Supreme Court’s directive in |
Denied |
| Name |
Counsel
of Record |
Certiorari To |
DN |
Summary |
Status |
| Met-Life v. Hawkins-Dean | Lee Patterson Winston & Strawn |
CA9 |
05-1424 |
Whether the Ninth Circuit erred in reviewing de novo a benefit decision by an administrator of an ERISA-regulated plan that grants the administrator discretion in making benefit decisions. |
GVR |
| McGladrey
& Pullen v. NC
State Board of CPA Examiners |
Carter Philips Sidley Austin |
Sup. Ct. of
N.C. |
06-197 |
Whether a court reviewing a state
professional
regulatory board's decision that prohibits allegedly misleading
commercial
speech should review the record de novo
to determine whether the speech is misleading and the prohibition
constitutional.
|
Denied |
| Perdue v. |
Luther Munford Phelps Dunbar |
CA2 |
06-213 |
Whether, when deciding if part of a literary work is "substantially similar" to protected expression in a previously copyrighted literary work, a court should look to the two works alone or also consider expert affidavits. Note: this is the feature case in this week's edition of "Conference Call." |
Denied |
| Brown v. |
David Bederman Private Counsel |
06-332 |
Whether McMillian v. Monroe County should be construed as raising a presumption that states exercise effective control over such autonomous officials as county sheriffs in order to categorize them as "arms of the State" for purposes of determining liability under 42 U.S.C. 1983. |
Denied |
|
| Qwest v. |
David
Boyd Boies, Schiller, & Flexner |
CA10 |
06-343 |
Whether production of privileged documents to federal law enforcement authorities in the course of federal investigations and pursuant to written confidentiality agreements waives the attorney-client privilege and the protections afforded to attorney work product with respect to private litigants in separate proceedings. |
Denied |
| Name |
Counsel
of Record |
Certiorari To |
DN |
Summary |
Status |
| Gary Feinerman SG of Illinois |
App. Ct. of
Ill. |
05-1367 |