SCOTUSblog's list of petitions with a "reasonable" chance of being granted

The complete list: OT06
                                         

Long Conference (note the first section below are all docket numbers of 05-)

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

Trustee.
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

Reporting Act (FCRA) by acting merely in "reckless disregard" of statutory obligations, rather than by acting with knowledge that its conduct violates FCRA.
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

Reporting Act (FCRA) by acting merely in "reckless disregard" of statutory obligations, rather than by acting with knowledge that its conduct violates FCRA.
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

Reporting Act (FCRA) by acting merely in "reckless disregard" of statutory obligations, rather than by acting with knowledge that its conduct violates FCRA.
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

Conferences of 10/6/06 and 10/13/06

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


Conference of 10/27

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 United States.  (Note: case was CVSG'd; see post here)

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

Conference of 11/3

Name
Counsel of Record
Certiorari To
DN
Summary
Status
Skakel v. Connecticut 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. United States   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
CNH v. Yolton/
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. Clark Scott Tarlyle
Calif. AG's office
CA9
06-287

Whether the Ninth Circuit violated the Supreme Courtís directive in Rogers v. Tennessee when it failed to defer to a state courtís analysis of a new criminal statute.

Denied

Conference of 11/9

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. Dan Brown and Random House, et al. 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. Dekalb County   David Bederman
Private Counsel
Ct. of App. of GA 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. New England Health Care Employees Pension Fund   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

Conference of 11/21

Name
Counsel of Record
Certiorari To
DN
Summary
Status
Illinois v. Sloup Gary Feinerman
SG of Illinois
App. Ct. of Ill.
05-1367

Whether the Fourth Amendment requires a police officer, during a lawful traffic stop, to have reasonable suspicion that contraband is present before asking the motorist questions related to contraband.

Denied
Angelos v. U.S. Erik Luna
Salt Lake City
CA10
06-26

Whether this Court's summary disposition in Hutto v. Davis stands as a precedential bar to a lower court otherwise concluding that a sentence violates the Eighth Amendment's ban on cruel and unusual punishment under the Solem-Harmelin analysis articulated after Davis.

Denied
Dantone, Inc. v. US Ian Comisky
Blank Rome
CA3
06-71

Whether the bank fraud statute, 18 U.S.C. sec. 1344, requires only an act that could put the bank at risk of loss or requires proof of intent to harm the bank.

Denied
Wilkie v. Robbins    Paul Clement
SG of US
CA10
06-219

Whether government officials acting pursuant to their regulatory authority can be guilty under RICO of the predicate act of extortion under color of official right for attempting to obtain property for the sole benefit of the government and, if so, whether that statutory prohibition was clearly established.

Granted
Skoros v. City of New York Robert Muise
Thomas More Law Center                                  
CA2
06-271

Whether the Establishment Clause prohibits a public school policy stating that year-end holiday celebrations may feature certain Jewish and Islamic religious symbols but bans the use of Christian religious symbols, namely the nativity scene.  This case is featured in "Conference Call" on 11/20.

Denied
Florida v. Rabb Charles Crist, Jr.
AG of Fla.
4th Dist. Ct. of App. of Fla. 06-309

Whether a canine sniff does not constitute a search because it is limited in scope and only reveals the presence or absence of contraband which does not compromise any legitimate interest in privacy.

Denied
Knowles v. Mirzayance                                                                           Steven Mercer
CA AG's office
CA9
06-396

Whether a federal habeas court may grant relief by reviewing a state prisoner's claim de novo on the basis of a federal evidentiary hearing record, without considering whether the state court's adjudication of the claim had been reasonable.

GVR
Ray v. CSX John Fishwick, Jr.
Lichtenstein, Fishwick, & Johnson, P.L.C.
CA4
06-405

Determining the standard for who can be a relevant "decisionmaker" and agent for an employer in a suit under Title VII of the Civil Rights Act of 1964 for wrongful termination in the context of discriminatory enforcement of disciplinary procedures.

Denied
Narragansett Indian Tribe v. Rhode Island Ian Gershengorn
Jenner & Block
CA1
06-414

Whether a federal statute's conferral of "jurisdiction" over Indian lands, but not over the Tribe as sovereign, impliedly abrogates the tribal government's sovereign immunity and thus empowers a state judge to authorize state police to execute a search warrant and arrest tribal officials acting in their official capacities.

Denied
On Demand Machine Corp. v. Ingram Industries Will Cunningham
Polster, Lieder, Woodruff, and Lucchesi
CAFC
06-449

Whether the Federal Circuit has violated its constitutional authority by rendering moot 35 U.S.C. sec. 112, para. 2 in holding that "[patent] claims cannot be of broader scope than the invention that is

set forth in the specialization."

Denied
Price v. Philip Morris David Frederick
KHHTEF
Sup. Ct. of Ill.
06-465

Whether a negotiated Federal Trade Commission consent order operates, as a matter of federal law, as a safe harbor immunizing non-parties to the consent order from liability under otherwise applicable state law for conduct similar to that permitted under the order.

Denied

Conference of 12/1

Name
Counsel of Record
Certiorari To
DN
Summary
Status
Grace v. Freedom from Religion Foundation  Paul Clement
SG of U.S.
CA7
06-157

Whether taxpayers have standing under Article III of the Constitution to challenge on Establishment Clause grounds the actions of Executive Branch officials pursuant to an Executive Order.


Granted
Catholic Healthcare West v. US ex rel. Haight Dale A. Danneman
Lewis & Roca
CA9
06-282

Whether documents obtained by a qui tam relator pursuant to the Freedom of Information Act constitute public disclosures within the meaning of the False Claims Act's jurisdictional bar.

Denied
Sawicki v. Morgan State Univ.   Eric Schnapper
Univ. of Washington
CA4
06-306

Whether, when an employee who is dismissed as the result of the intentionally discriminatory actions of an official who exerted substantial influence over the employment decision, the employer may avoid liability by showing that a different official was the ultimate decisionmaker.

Denied
COSVI v. FAC     Alan Horowitz
Miller & Chevalier
CA1
06-458

Whether Fed. R. Civ. P. 60 enables a federal district court to manufacture jurisdiction to enforce a settlement by entering a new judgment months after it dismissed a lawsuit without retaining jurisdiction to enforce the settlement.

Denied
Oneida Indian Nation of NY v. Peterman   Elizabeth Taylor
Zuckerman Spaeder
Ct. of App. of NY 06-470

Whether the rule adopted by the New York courts, that they may adjudicate an Indian tribe's interests in its federally approved gaming compact in the tribe's absence because the tribe could waive sovereign immunity and appear as a party in the suit, is preempted by federal law.

Denied
Center for Bio-Ethical Reform v. Honolulu Robert Muise
Thomas More Law Center                                  
CA9
06-479

Whether federal law preempts local ordinances prohibiting tow-banner aircraft operations approved by the Federal Aviation Administration, and whether a total ban on this form of expression violates the First Amendment.  This case is featured in "Conference Call" on 11/27.


Denied


Conference of 12/7

Name
Counsel of Record
Certiorari To
DN
Summary
Status
Powerex v. Reliant/
Powerex
v. Calif. ex rel. Lockyer
David Frederick
KHHTEF                               
CA9
05-85
(SG recommends a grant in 05-85, and that 05-584 be held pending 05-85)

05-85:  Whether an entity that is wholly and beneficially owned by a foreign state's instrumentality, and whose sole purpose is to perform international treaty and trade agreement obligations for the benefit of the foreign state's citizens, may nonetheless be denied status as an "organ of a foreign state" under the Foreign Sovereign Immunities Act of 1976, based on an analysis of sovereignty that ignores the circumstances surrounding the entity's creation, conduct, and operations on behalf of its government.  See the SG's invitation brief here.  Other filings in 05-85: Reliant's Brief in Support; Plaintiffs and Respondents in Opposition; Canada's amicus; British Columbia's amicus; Reply of Powerex; Supp. of Plaintiffs and Respondents.


Granted
CSFB v. Billing Stpehen Shapiro
Mayer Brown
CA2
05-1157

Whether an antitrust complaint predicated on alleged collusive activity in the securities markets must, in order to survive a motion to dismiss on grounds of implied antitrust immunity, set forth allegations sufficient to support a reasonably grounded expectation that the plaintiff's claims do not rest on collaborative activities that are either permitted under the securities laws or inextricably intertwined with such permissible activities.  See the SG's invitation brief hereThis case is featured in "Conference Call" on 12/4.

Granted
Lutkewitte v. Gonzales   Eric Schnapper
Univ. of Wash.               
CADC
06-28

Since an employer is strictly liable for sexual harassment by a supervisor if that harassment involved a "tangible employment action," whether that is defined as "a significant change in employment status" or "an official act" taken by a supervisor.

Denied
Montana Board of Investments v. Deutsche Bank                                   Christian Tweeten
Montana AG's office
N.Y. Ct. of App.
06-291

Whether a Montana state agency's sovereign immunity deprives the New York state courts of jurisdiction to hear a breach of contract case

Denied
Leegin Creative Leather Products v. PSKS Theodore Olson
Gibson Dunn
CA5
06-480

Whether vertical minimum resale price maintenance agreements should be deemed per se illegal under Section 1 of the Sherman Act.

Granted
Wachovia v. Eastman Kodak Peter Buscemi
Morgan Lewis
CA11
06-526

Whether the application of res judicata in a bankruptcy case is limited to issues whose resolution "explicitly becomes an essential part of the bankruptcy plan," or whether res judicata can be applied to preclude all claims, defenses, and issues arising from a common nucleus of facts that were or could have been asserted in a bankruptcy case.

Denied


Conference of 1/5/07


Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Padot v. Padot
David Bederman
Emory University
Dist. Ct. of App. of Fla., 2nd Dist.
05-1076

Whether the Uniformed Services Former Spouses' Protection Act authorizes the division of retirement pay but not the portion of retirement pay waived in favor of disability benefits.

Denied
Palakovich v. Thomas
Ronald Eisenberg
Phila. DA's office
CA3
130

Whether, where counsel's action at trial is objectively reasonable, the conviction may nonetheless be reversed on the ground that counsel's subjective thought process is found deficient. [Note:  This case was previously known as "Varner v. Thomas."]

Denied
Gilmore v. Gonzales
Tom Goldstein
Akin Gump
CA9
211 Whether the government may keep secret a directive that is generally applicable to millions of passengers every day notwithstanding that it (i) has acknowledged both the directive's existence and its contents, and moreover (ii) has identified no special circumstance that nonetheless justifies secrecy.  [Note: Akin Gump represents the petitioner; more cert. document at this post.  This case was featured in Legal Times on 1/1/07] Denied
Rahmani v. U.S.
Stephen Berzon
Altshuler, Berzon
CA9
241
Whether the Government may prosecute an individual for donating money to or soliciting donations for an organization designated as a "foreign terrorist organization" while prohibiting the defendant from demonstrating that the organization was improperly designated a "foreign terrorist organization" under the governing statute and that said donation or solicitation was therefore protected by the First Amendment. [Note: Howe & Russell filed as amicus supporting petitioner; further cert. filings here.] Denied
Goodin v. US Postal Inspec. Serv. Amy Howe
Howe & Russell
CA8
260

Whether the Contract Disputes Act of 1978 impliedly repeals the independent grant of jurisdiction in statutes providing that governmental entities may sue or be sued in federal district court. [Note: Both Akin Gump and Howe & Russell represent the petitioner; BIO here.]

Denied
S.C. Bd. Of Dentistry v. FTC Kenneth P. Woodington II
Davidson, Morrison, & Lindemann                     
CA4
274

Whether an order denying "state action" antitrust immunity asserted by a state agency under Parker v. Brown is immediately appealable under the collateral order doctrine.

Denied
BCI Coca-Cola v. EEOC Eric Presnell
Miller & Martin
CA10 341

Under what circumstances an employer is liable under federal anti-discrimination laws based on a subordinate's discriminatory animus, where the person(s) who actually made the adverse employment decision admittedly harbored no discriminatory motive toward the impacted employee. [BIO here]

Granted
Mineral County, Mont. v. Ecology Center Michael Haglund
Haglund, Kelley
CA9
344

What is the standard of review under the Administrative Procedure Act in evaluating whether the Forest Service had complied with the National Environmental Policy Act of 1969 and the National Forest Management Act of 1976. [Note: the link is to the government's response; petition coming soon]

Denied
Uttecht v. Brown John Samson
Wash. AG's office
CA9
413

Whether the Ninth Circuit erred by not deferring to the trial judge's observations and by not applying the statutory presumption of correctness in ruling that a state court decision to remove a juror was contrary to clearly established federal law.

Granted
TSSAA v. Brentwood Maureen Mahoney
Latham & Watkins
CA6
427

Whether the Sixth Circuit correctly held that a secondary school athletic association violated the First Amendment and Due Process rights of a high school when it imposed contractual penalties for violations of the recruiting rule that said high school agreed to follow. [BIO here; reply here.  Thanks to the team at Latham, including Scott Ballenger and Alexander Maltas, for supplying the documents].

Granted
Rowe v. N.H. Motor Trans. Assoc. Paul Stern
Maine AG's office
CA1
457

Whether the Federal Aviation Administration Authorization Act of 1994 preempts states from exercising their historic public health police powers to regulate carriers that deliver contraband such as tobacco and other dangerous substances to children.

CVSG,
Granted
Blue Cross Blue Shield of Fla. v. Abbott Labs David Frederick
KHHTEF
CA11
475

Whether, considering the federal rules of procedure, a district court may decline to give any weight to reliance on the normal time for delivery of mail and instead place the risk of late delivery by the postal service entirely on the mailer.

Denied
Tellabs v. Makor Issues & Rights                                                                                                      Carter Phillips
Sidley Austin
CA7
484

Whether, and to what extent, a court must consider or weigh competing inferences in determining whether a complaint asserting a claim of securities fraud has alleged facts sufficient to establish a "strong inference" that the defendant acted with scienter, as required under the Private Securities Litigation Reform Act of 1995. [BIO here; reply here.  Thanks to Kevin Pecoraro at Sidley for supplying the documents].

Granted
Struhs v. Wyner Barbara Taggert
Williams, Leinenger, & Cosby
CA11
531

Whether the 11th Circuit is correct in holding that a preliminary injunction is relief on the merits, or whether a preliminary injunction is not a ruling on the merits and thus cannot be the basis for prevailing party status. [Note: petition coming soon]

Granted
EPA v. Defenders of Wildlife Paul Clement
Solicitor General
CA9
549

Whether the Endangered Species Act of 1973, which requires each federal agency to insure that its actions do not jeopardize the continued existence of a listed species or modify its critical habitat, overrides statutory mandates or constraints placed on an agency's discretion by other Acts of Congress.

Granted
Long Island Care at Home v. Coke H. Bartow Farr III
Farr & Taranto
CA2
593

Whether the Second Circuit erred in refusing to give Chevron deference to a thirty-year-old Department of Labor regulation that has twice been upheld by the Tenth Circuit on the ground that, even though it was promulgated under express grants of legislative authority and after full notice-and-comment rulemaking, the regulation was contained in a subpart headed "Interpretations." [Note: petition coming soon.]

Granted
Altadis v. Sea Star Line David Frederick
KHHTEF

CA11
606

Whether the Carmack Amendment applies to the inland leg of a multimodal shipment to a place in the United States from a place in a territory of the United States even if the inland carrier does not issue a separate bill of lading for the inland leg.

Granted
Lance v. Dennis* Brett Lilly
Doyle, Zakhem
D.Col.
641

Whether the district court correctly dismissed Apellants' Elections Clause claim, where Appellants lack standing to bring this claim and the claim is barred under Colorado law of issue preclusion. [Note: this is a jurisdictional statement on direct appeal; motion to affirm here.]

Sum. Rev.


Conference of 1/12

Name
Counsel of Record
Certiorari To
DN
Summary
Status
McGowan v. NJR Serv. Corp. Samuel Halpern

CA3
05-853

Whether a federal common law rule should be fashioned that requires a pension plan administrator to recognize a post-retirement waiver by petitioner's former spouse of her right to survivor annuity. (Link is to SG brief; petition coming soon)

Denied
Watson v. Philip Morris David Frederick
KHHTEF                                                 
CA8
05-1284

Whether the Federal Trade Commission's role in preventing deceptive advertising by tobacco companies is sufficient to establish that a tobacco company was "acting under" a federal officer for purposes of 28 U.S.C. 1442(a)(1), when the tobacco company marketed cigarettes as "light." (SG brief here)

Granted
Appoloni v. U.S.                                                                                                       John West
Bredhoff & Kaiser                                                   
CA6
06-334

Whether early retirement payments made to tenured public school teachers, who gave up tenure and other rights upon resigning from their positions, were "wages" subject to Federal Insurance Contributions Act taxes.

Denied
Saville v. IBM David J. Holdsworth
Solo practitioner    
CA10
06-407

Whether the concept of "materially adverse employment action," as applied in claims alleging discrimination or retaliation under federal workplace legislation containing protections against retaliation, covers such adverse employment actions as constructive discharges or forced early retirements.  (Petition coming soon)

Denied
PG&E v. San Luis Obispo Mothers for Peace Gene Schaerr
Winston & Strawn
CA9
06-466

Whether the National Environmental Policy Act ("NEPA") requires a federal agency to consider, as part of its NEPA review of an agency action, the environmental impact of potential sabotage of a nuclear plant whenever the possibility of sabotage is anything more than "remote and highly speculative."
(Note: this case was part of our post spotlighting environmental cases before the Court; see here.  Other documents in this case are here:
Resp. Mothers for Peace, et al. in Opp., Federal Respondents, Reply, Amicus: Chamber of Commerce Supporting Pet., Amicus: Nuclear Energy Inst. Supporting Pet.  Thanks to Amar Sarwal at the Chamber for his assistance with these.)

Denied
City of Kennewick v. Rogers/Dopke v. Rogers  Gerald Moberg (616)
Michael McFarland (626)
CA9
06-616/
06-626

Whether the police officers involved in a search with the assistance of a police canine dog are entitled to qualified immunity when the dog unexpectedly bolts from the handler's control and attacks an innocent bystander.  (Note: this case is featured in Legal Times on 1/8/07.)

Denied
Dow Corning v. Cmte. of Unsec. Creditors Christopher Landau
Kirkland & Ellis
CA6
06-705

Whether a bankruptcy court may not interpret a confirmed plan of reorganization in a way that would violate the Bankruptcy Code, thereby depriving such a plan of finality and allowing parties to challenge its legality at any time. (Bank of NY BIO, Unsec. Creditors BIO, Reply.  Thanks to Chris Landau at Kirkland for the docs.)

Held, Denied


Conference of 1/19

Name
Counsel of Record
Certiorari To
DN
Summary
Status
UGI v. Consol. Electric;  U.S. v. Atlantic Research; DuPont v. U.S.
Jay Varon
Paul Clement
Mark Levy
CA2
CA8
CA3
05-1323
06-562
06-726

Whether a party that is potentially responsible for the cost of cleaning up property contaminated by hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but that does not satisfy the requirements for bringing an action for contribution under Section 113(f) of CERCLA, may bring an action against 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).

1323:
Denied

562: Granted

726:
GVR
Beck v. Pace Int'l Union M. Miller Baker
McDermott Will & Emery                                                
CA9
05-1448

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.)

Granted
Perm. Mission of India to the UN v. New York                                                                                                       John Howley
Kaye Scholer                                                 
CA2
06-134

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.)

Granted
McDonald v. U.S. Kenneth Starr
Kirkland & Ellis   
CA9
06-440

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.

Denied
Lundeen v. Canadian Pacific Railway Company Paul Levy
Public Citizen Lit. Group
CA8
06-528

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.)

Denied
Pinks v. North Dakota Jeff Fisher
Stanford S. Ct. Lit. Clinic
S. Ct. of N.D.
06-564

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.

Denied
Ash v. Tyson Foods Eric Schnapper
Univ. of Wash.
CA11
06-706

In employment discrimination cases, what standard should govern pretext claims based on superior qualifications? (Update: petition now available).

Denied
FEC v. Wisconsin Right to Life*
Paul Clement
Solicitor General
D.D.C.
06-969
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, here and here).
Granted


Conference of 2/16/07

Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Berger v. Arizona
Laurie Herman
Scottsdate, AZ
S. Ct. of Ariz.
06-349

Whether a 200-year prison sentence for possessing twenty images of child pornography violates the Eighth Amendment.  (Also available: BIO, Reply - thanks to counsel on both sides for sending).

Denied
Ohio v. Farris
Jason Desiderio
Rupp, Baase
S. Ct. of Ohio
06-464

Whether the Fifth Amendment requires the suppression of post-Miranda warning statements because they cover the same information as pre-Miranda warning statements even when there is no police strategy to intentionally avoid Miranda. (Also available: BIO, Reply - thanks to Jason Desiderio for sending).  [Note: Howe & Russell represent the respondent.]

Denied
Dow Chemical v. US
John Magee
McKee Nelson
CA6
06-478 Whether the Sixth Circuit erred by creating, in direct conflict with decisions of this Court and other circuits, an exclusionary rule for economic substance cases that bars consideration of future taxpayer investment merely because the taxpayer has engaged in a long-term transaction in which a substantial portion of its out-of-pocket expenditure is deferred. (Also available: BIO, Reply, Amer. Chem. Council Amicus - thanks to the folks at McKee Nelson).
Denied
Horn v. Stevens
Christopher Carusone
Penn. AG's office
CA3
06-511
Whether, in violation of AEDPA, the Court of Appeals set aside a reasonable state-court determination of fact that a prospective capital sentencing juror was biased and properly excused for cause under Wainwright v. Witt, in favor of its own interpretation of the record. (Also available: BIO - thanks to both sides). GVR
Schor v. Abbott Labs Ben Barnow
Barnow and Assoc.
CA7
06-577

Whether a claim for relief exists under Sec. 2 of the Sherman Antitrust Act where a party with monopoly power in one market has improperly exploited its dominant position to establish or enhance a monopoly in a secondary market. (Also available: BIO, Reply - thanks to counsel on both sides).

Denied
Philip Morris v. Minn./
CITMA v. Philip Morris
Murray Garnick
Arnold & Porter (for Philip Morris)                    
S. Ct. of Minn.
06-633/
06-805

In light of the settlement a civil lawsuit against the petitioner tobacco manufacturers for reimbursement of health care costs attributed to tobacco: whether legislation that impairs a state's proprietary contract violates the Contracts Clause only when the contract contains an unmistakable promise by the state not to alter the terms of the contract through subsequent legislation. (Also available: 06-633 BIO - thanks to the folks at Arnold & Porter)

Denied
McCarran Int'l Airport v. Sisolak Carter Philips
Sidely Austin
S. Ct. of Nevada
06-658

Whether federal law precludes recognition under state law of private ownership of federally defined "navigable airspace" that is less than 500 feet above a landowner's property and that the landowner never used before it became part of the navigable airspace.

Denied
Coltec v. US Carter Philips
Sidley Austin
CA Fed
06-659

In determining that a transaction may be disregarded for tax purposes, whether a federal court of appeals should review the trial court's findings that the transaction had economic substance de novo or for clear error.

Denied
Kentucky v. Davis Douglas Dowell
Finance and Admin. Cabinet of KY
S. Ct. of Kent.
06-666

Whether a state violates the dormant Commerce Clause by providing an exemption from its income tax for interest income derived from bonds issued by the state and its political subdivisions, while treating interest income realized from bonds issued by other states and their political subdivisions as taxable to the same extent, and in the same manner, as interest earned on bonds issued by commercial entities, whether domestic or foreign. (BIO, via TaxProf Blog).

Granted
Bender v. Dist. of Columbia Dale Cooter
Cooter, Mangold
                                
D.C. Ct. of App.
06-719

Whether the District of Columbia Court of Appeals erred in holding that the prohibition in the Congressionally-enacted Home Rule Act barring "any tax" on nonresidents does not apply to the D.C. Council's application of the unincorporated business tax to nonresidents.

Denied
Lively v. Wild Oats Amy Howe
Howe & Russell
CA9
06-748

Whether the forum defendant exception to removal jurisdiction is inapplicable whenever a plaintiff seeking remand fails to raise it within thirty days of removal. [Note: Howe & Russell represents the petitioner]

Denied
Warren v. Volusia County Michael Youkon
Port Orange, FL
CA11
06-755

Whether Title I of the Americans with Disabilities Act establishes a duty upon employers to engage in an interactive process with a disabled employee to identify and seek reasonable accommodations and, if so, if the process triggered upon notice of the disability and a desire for accommodations.

Denied
Illinois Central RR Co. v. McDaniel                                                                                                  Paul Cunningham
Harkins Cunningham
S. Ct. of Miss.
06-763

Whether, when an employee covered by the Federal Employers' Liability Act ("FELA") settles a claim for occupational injury with an employer, section 5 of FELA imposes special restrictions on the freedom of the parties to include in the settlement a release of other potential occupational injury claims, or do "the releases of [FELA] employees stand on the same basis of the releases of others?"  (UPDATE: Also available: BIO, Reply - thanks to Paul Cunningham and others at Harkins Cunningham.)

Denied
New York State Bd. of Elections v. Lopez-Torres Andrew Rossman
Akin Gump
Ted Olson
Gibson Dunn
CA2
06-766

Whether the Second Circuit run afoul of American Party of Texas v. White by mandating a primary in lieu of a party convention for the nomination of candidates for New York State trial judge. [Note: Akin Gump represents the petitioners].

Granted
Locklear v. Bergman & Beving AB John Kotzker
Kotzker Shamy
CA4
06-786

Whether under Fed. R. Civ. P. 15(c), the plaintiff's lack of knowledge of the identity of the proper defendant was intended to constitute a "mistake" that would allow an amended complaint substituting the name of the proper defendant after the expiration of the statute of limitations to relate back to the date of the original complaint and avoid being time barred by the statute of limitations. (Also available: BIO, Reply - thanks to Justin Cincola, a law student who worked on the case for petitioner, for sending)

Denied
Waggoner v. Suisse Sec. Bank and Trust Thomas Rohback
LeBoeuf, Lamb, Greene, & McRae
CA2
06-824 (warning: big file)

Whether the amount in controversy requirement of 28 U.S.C. sec. 1332 should be determined solely from the plaintiffs' perspective or from the perspective of both parties to the controversy.

Denied


 Conference of 2/23/07 and 3/2/07

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

Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Patrick v. Smith Kristofer Jorstad
Calif. AG's office
CA9
06-523

Whether the deferential standard for habeas corpus review under 28 U.S.C. sec. 2254(d) allows a federal court to grant relief on an insufficient-evidence claim by accepting the expert testimony of defense experts over the contrary opinionsof prosecution experts believed by the jury and found sufficient by the state appellate court.

GVR
Irving N. v. Rhode Island Dept. of Children, Youth, and Families Samuel Bagenstos
Wash. U. Law School
S. Ct. of R.I.
06-603

Whether Title II of the ADA applies to termination of parental rights proceedings initiated by state agencies and prosecuted in state courts.

Denied
Horn v. Michael Amy Zapp
PA AG's office                    
CA3
06-710

Whether a court of appeals may entertain an appeal filed by a capital defendant's discharged counsel when that defendant has been determined to be competent, has waived his right to federal habeas corpus review, and objects to such an appeal.

Denied
Wash. State Grange v. Wash. State Rep. Party/
Wash. v. Wash. State Rep. Party
Thomas Ahearne
James Pharris

CA9
06-713/
06-730

Whether the First Amendment prohibits top-two election systems that allow a candidate to disclose on the ballot the name of the party he or she personally prefers. (Also available in 06-730: Response of Democratic Party, Response of Republican Party, Response of Grange, Reply of Wash.)

Granted
EPA v. New York/
Utility Air Regulatory Group v. New York

Paul Clement
Henry Nickel
CADC
06-736/
06-750
Whether the court of appeals erred in invalidating an EPA rule on the ground that the phrase "any physical change" in the definition of "modification" in Section 111(a)(4) of the Clean Air Act unambiguously requires EPA to adopt the broadest meaning of the phrase. (Also available in 06-736: Resp. Alliance of Auto Manufactuters, et al. in Support, Resp. Nat'l Environmental Devel. Assoc. in Support, Resp. United Air Regulatory Group in Support, Resp. Virginia, et al. in Support, New York, et al. in opposition, Reply.)
Held, Denied
New Mexico v. Romero
Margaret McLean
N.M. AG's office
S. Ct. of N.M.
06-765

Whether the New Mexico Supreme Court's decision has created a zone where no federal or state criminal jurisdiction may be invoked because certain lands within the original exterior boundaries of a Pueblo land grant are effectively prosecution-free. [Note: this case will be considered at the Conference of 3/2/07]

Denied
Henderson v. Quarterman
George Cumming
Morgan Lewis
CA5
06-828 Whether Texas v. Cobb precludes review of a capital murder conviction based upon evidence obtained when - after petitioner exercised her Miranda rights during custodial interrogation and asked for an attorney, to whom she later entrusted confidential, incriminatory information - the State then compelled her attorney to disclose the very information that petitioner lawfully refused to provide to the police.  (Also available: BIO, Reply)
Denied
LaRue v. DeWolff, Boberg, and Assoc. Peter Stris
Whittier Law School
CA4
06-856

Whether sec. 502(a)(2) of ERISA permits a participant to bring an action to recover losses attributable to his account in a "defined contribution plan" that were caused by fiduciary breach. (Also available: BIO, Reply, Amicus of Seven Law Profs)

CVSG,
Granted
Blackwater Security Consulting v. Nordan
Kenneth Starr
Kirkland & Ellis
CA4
06-857

Whether a federal district court that lacks subject-matter matter jurisdiction over a removed action must dismiss rather than remand the action when the state court also lacks jurisdiction. (This is the feature case in Legal Times this week).

Denied
Mohawk Industries v. Williams
                                                    

Carter Philips
Sidley Austin
                                         
CA11
06-873

Whether a corporation and its agents can constitute an association-in-fact RICO enterprise and whether a company's hiring of its own employees may constitute participation in the conduct of an enterprise that is distinct from the company itself.

Denied


Conference of 3/16


Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
[Stoneridge v. Sci. Atl.]
Avis Budget Group v. Cal. State Teachers' Retirement System
Stanley Grossman
Samuel Kadet

CA8
CA9
06-43
06-560

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 in 06-560: BIO, Reply)

43:
Granted


560:
Held
Detroit Int'l Bridge Co. v. US                                                                                                                  Seth Waxman
Wilmer Hale
CA6
06-639

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)

Denied
Kelley v. Bracewell Mark Stancil
Robbins Russell                    
CA11
06-739

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)

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

CA9
06-797

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)

Denied
Joblove v. Barr Labs
Patrick Cafferty
Miller, Faucher & Cafferty                       
CA2
06-830
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]
CVSG,
Deny
Old Stone Corp. v. US
Richard Taranto
Farr & Taranto
CA Fed
06-837
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
CA5
06-839
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
CA6
06-901

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)

Denied
Houk v. Joseph
Stephen Carney
Ohio AG's office
CA6
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
CA9
06-962

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)

Denied


Conference of 3/23


Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Banda-Ortiz v. Gonzales
Michael Carvin
Jones Day
CA5
06-477
Whether a timely-filed motion to reopen removal proceedings before the Board of Immigration Appeals does not toll an alien's previously-established voluntary-departure period, such that a grant of voluntary departure will virtually always require the forfeiture of an alien's statutory right to seek reopening of the removal proceedings. (Also available: BIO, Reply) [Note 3/22: Both sides now agree this case has been mooted.]
Denied
U.S. v. Williams
Paul Clement
Solicitor General
CA11
06-694
Whether Section 2252A(a)(3)(B) of Title 18 (regulating child pornography) is overly broad and impermissibly vague, and thus facially unconstitutional.
Granted
Fausey v. Hiller
Howard Bashman
Willow Grove, PA
S. Ct. of PA
06-863
Whether the Due Process is violated when a court orders grandparent visitation over a fit parent's objection, where the grandparent has not proved by clear and convincing evidence that such an order is necessary to prevent harm or potential harm to the child. (Also available: BIO, Reply, Family Research Council as Amicus)
Denied
Dane Investments v. H&R Block Joseph Myers
Covington, LA


CA5
06-995

Whether "manifest disregard of the law" is the only acceptable non-statutory ground for federal courts to use in vacating National Association of Securities Dealers public investor arbitration awards, or whether other non-statutory grounds, such as "unconscionable results" are acceptable as independent grounds for vacatur. (Also avialble: BIO, Reply)

Denied
Smook v. Minnehaha County, SD                                                                                      Matthew Piers
Hughes Socol Piers Resnick & Dym                             
CA8
06-1034

Whether the Fourth Amendment prohibits a policy that requires a strip search of all juveniles brought to a juvenile detention facility without regard to individualized considerations, such as the individual's circumstances, the alleged offense, or whether individualized suspicion exists to believe that the juvenile is carrying or concealing weapons or contraband. (Also available: BIO, Reply, Juvenile Law Center as Amicus)

Denied


Conference of 3/30

Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Tilton v. Buckley
Noah Hill
CA AG's office
CA9
05-1623
Whether "clearly established federal law" requires the California courts to apply state contract law to a plea bargain claim.
Denied
Doe v. US
Robert Van Kirk
Williams & Connolly                     
CA Fed 06-808
Whether the Government can deny a person a statutory entitlement based on failure to satisfy a regulatory requirement that the Government itself deliberately refused to fulfill. (Also available: BIO, Reply.  For more on this case, see www.dojclass.com.)
Denied
MHSAA v. Communities for Equity                                                                                                               Maureen Mahoney
Latham & Watkins
CA6
06-1038

Whether it violates Equal Protection and Title IX to have different seasons for boys and girls high school sports.  (Also available: BIO, Reply, Michigan High School Tennis Coaches Assoc., et al. amicusAlabama, et al. amicusNat'l Federation of State High School Assocations amicus, Michigan Assoc. of School Boards amicusEquity in Athletics amicus)

Denied
Ayers v. Freitag Vincent Scally
CA AG's office
CA9
06-1085

Whether Title VII of the Civil Rights Act of 1964 supports a female prison guard's action for sexual harassment against a state prison when the action is based on an allegedly hostile work environment caused by prisoners' lewd sexual misconduct. (Also available: BIO, Reply)

Denied
Boumediene v. Bush/
Al Odah v. US

                                                                                                                                                                                                  
Seth Waxman
Thomas Wilner
                                       
CADC
CADC
06-1195/
06-1196

Whether the Military Commissions Act of 2006, validly stripped federal court jurisdiction over habeas corpus petitions filed by foreign citizens imprisoned indefinitely at the United States Naval Station at Guantanamo Bay; whether the petitioners' habeas corpu petitions demonstrante unlawful confinement requiring the grant of haveas relief or, at least, a hearing on the merits.  The initial top-side filings in these cases can be found here, the government's opposition is here, and the petitioners' replies and Senator Specter's amicus breif are here.  Note that 06-1196, Hamdan v. Gates, may now also be considered with these (see here).

Granted


 Conference of 4/13


Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Oklahoma v. Coddington
Seth Branham
OK AG's office
OK Ct. of Crim. App.
06-889
Whether the lower court's interpretation of Lockett v. Ohio violates this Court's holding in Johnson v. Texas that a jury need only "be able to consider in some manner all of a defendant's relevant mitigating evidence," and need not "be able to give effect to mitigating evidence in every conceivable manner in which the evidence might be relevant."
Denied
Yusuf v. US
Leon Friedman
New York, NY
CA3
06-892
Whether the Third Circuit erred in approving a search where the search warrant affidavit was not attached to the warrant and the warrant permitted a search for evidence of all "illegal activities" and all "illegal business activities," without limitations or particularity. (Petition coming soon)
Denied
Fishing Vessel Choloe Z v. Matos
David Frederick
KHHTEF
CA9
06-899
Whether the three-year statute of limitations for maritime tort actions bars a suit filed more than three years after the claim arose, when the plaintiff filed a prior, timely suit asserting the same claim but failed to pursue the claim in that prior suit.  (Also available: BIO, Reply, Int'l Group Amicus)
Denied
County Bank of Rehoboth Beach v. Muhammad
Claudia Callaway
Manatt, Phelps & Phillips
S. Ct. of NJ
06-907
Whether a class arbitration waiver in an otherwise enforceable arbitration agreement is unenforceable and must be stricken.  (Also available: BIO, Reply) Denied
MetLife v. Glenn
Lee Paterson
Winston & Strawn
CA6
06-923
Whether the Sixth Circuit erred in holding that the fact that a claim administrator of an ERISA plan also funds the plan benefits constitutes a "conflict of interest" which must be weighed in a judicial review of the administrator's benefit determination under Firestone Tire & Rubber v. Bruch.  (Petition coming soon) CVSG
Daewoo v. General Motors
Larry Robbins
Robbins Russell
CA11
06-926
Whether a district court's dismissal of a lawsuit, under the doctrine of international comity and based on the preclusive effect of a foreign judgment, is reviewable de novo or only for abuse of discretion.  (Also available: BIO of Suzuki, Bio of GM, Reply) Denied
Quanta Computer v. LG
Maureen Mahoney
Latham & Watkins
CA Fed
06-937
Whether the Federal Circuit erred by holding that respondent's patent rights were not exhausted by its license agreement with Intel Corporation, and Intel's subsequent sale of product under the license to petitioners.  (Also available: BIO, Reply) CVSG
Chamber of Commerce v. Lockyer

                                                                                                                                                                                                  
Willis Goldsmith
Jones Day
                                       
CA9
06-939

Whether California's regulation of noncoercive employer speech about union organizing, California Assembly Bill 1889, Cal. Gov't Code secs. 16645.2, 16645.7, is preempted by federal labor law.  (Also available: BIO, Reply)

CVSG
Arthur v. Allen Suhana Han
Sullivan & Cromwell
CA11
06-954

Whether the courts below erred in denying a petitioner sentenced to death an opportunity to develop a gateway claim of actual innocence through which he seeks collateral review of his first federal habeas petition that has never been reviewed on the merits.  (Also available: BIO, Reply)

Denied
Jordan v. Alternative Resources Corp.                                                                                                               Stephen Chertkof
Heller, Huron
CA4
06-1086

Whether, where an employee promptly complains about an incident of harassment, the employer can lawfully retaliate for that complaint until the point that there were so many other incidents of harassment that the employee could reasonably conclude that an unlawful hostile work environment has been created.  (Also available: BIO, NELA Amicus)

Denied
Media Six v. Ziglar Conrad M. Shumadine
Willcox & Savage 
S. Ct. of VA 06-1127 Whether a letter to the editor of a newspaper must be thoroughly investigated to determine whether the statements are true else the newspaper will be found liable.  (Petition coming soon) Denied
Doe v. Kamehameha Schools
Eric Grant
Sacramento, CA                
CA9 06-1202
Whether respondent private schools' racially exclusionary admissions policy is subject to the same strict scrutiny applied under Title VI of the Civil Rights Act of 1964, or instead is subject to the marginally less demanding scrutiny applied under Title VII of that Act.  (Also available: BIO, Reply)
Dismissed
[Settled]


Conference of 4/20

Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Florida v. Harden
Louis Hubener
FL AG's office
Fl. S. Ct.
06-770
Whether the anti-kickback provision of Florida's Medicaid fraud statute is preempted by the federal anti-kickback statute.
Denied
Hrasky v. US
Jeff Fisher
Stanford Law
CA8
06-827
Whether law enforcement officers' exploratory search of the interior of Petitioner's vehicle, after arresting him beyond "reaching distance" from the vehicle, violated the Fourth Amendment's search incident-to-arrest doctrine.
Denied
Chemtura Canada v. US
Hercules v. US
Chemtura Canada v. US
E.B. Chiles IV
Laurence Tribe
E.B. Chiles IV

CA4
06-853
06-865
06-1014
Whether the Fifth Amendment permits the unexpected and unforeseeable imposition of over $100 million in retroactive liability without any consideration of the factors articulated by this Court in Eastern Enterprises v. Apfel.  (Note that 06-865 is the "lead case" here.  Also available: Combined BIO, 865 Reply, Amer. Chem. Council as Amicus, Indep. Grp. of Scientists as Amicus, Pac. Legal as Amicus.)
Denied
(all)
Medellin v. Texas      
                                                              
Donald Donovan
Debevoise & Plimpton
Ct. of Cr. App. of Tx.
06-984
Whether the President act within his constitutional and statutory foreign affairs authority when he determined that the states must comply with the United States' treaty obligation to give effect to the Avena judgment in the cases of the 51 Mexican nationals named in the judgment.  (All other briefs, including those from the first time this case was at the Court, can be found here.) Granted
US v. Santos
Paul Clement
Solicitor General
CA7
06-1005
The question presented is whether "proceeds," in the context of the principal federal money laundering statute, refers to the gross receipts from the unlawful activities or only the profits, i.e., gross receipts less expenses. Granted
Univ. of Phoenix v. US ex rel. Hendow
Ted Olson
Gibson, Dunn
                                              
CA9
06-1006
Whether an allegation that a claimant has knowingly violated a regulatory requirement that constitutes a threshold condition of federal program eligibility - rather than a condition of government payment - is sufficient to state a claim under the False Claims Act.  (Also available: BIO, Reply, Supp. Brief of Resp., Supp. Brief of Pet., Career College Assoc. Amicus, Amer. Health Care Assoc. Amicus, Nat'l Defense Industrial Assoc. Amicus)
Denied

 Conference of 4/27


Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Texas v. Meyers
R. Ted Cruz
SG of Texas
CA5
06-462
Whether a State still possesses immunity from suit when it removes claims for which the State's sovereign immunity has not been waived by the State or abrogated by Congress. (Also available: Meyers BIO, US BIO, Reply)
Denied
Lopez-Cancinas v. Gonzales
Lynn Marcus
Univ. of Ariz.
CA9
06-740
Whether the REAL ID Act, which restored jurisdiction over "questions of law" in immigration cases notwithstanding specific jurisdictional bars, confers on the courts of appeals jurisdiction to review the proper interpretation of regulations and the application of law to undisputed facts where review of the underlying issue or form of relief is otherwise barred. (Docs coming soon)
Denied
Butler v. Fletcher
D. Bruce LaPierre
Wash. U. St. Loius
CA8
06-955
Whether deliberate indifference is the degree of culpability that must be shown to establish that pretrial detention conditions amount to punishment in violation of the Due Process Clause of the Fourteenth Amendment.
Denied
Niagara Mohawk Power v. FERC
New York v. FERC
Elias Farrah
Jonathan Feinberg

CADC
06-1010
06-1011
Whether the Court of Appeals erred in concluding that the Federal Energy Regulatory Commission has jurisdiction to prescribe terms and conditions for retail sales and local distribution service.
Denied
(both)
Newland v. Boyd      
                                                              
Glenn Pruden
CA AG's office
CA9
06-1032
Whether a state court reasonably applies Batson v. Kentucky by declining to undertake comparative analysis of challenged and nonchallenged jurors for the first time on appeal. (Also available: BIO, Reply) Denied
Buffalo Teachers Federation v. Tobe
Andrew Roth
Bredhoff & Kaiser
CA2
06-1168
Whether the standard of judicial review that applies in determining the reasonableness and necessity of state legislative action impairing a state political subdivision's contractual financial obligations is the "careful scrutiny" standard "deference to [the] legislat[ure]" standard. (Also available: BIO, Reply)
Denied
Hamdan v. Gates/
Khadr v. Bush
Neal Katyal
Georgetown Law
                                              
CADC
06-1169
Even if the MCA validly withdraws habeas jurisdiction over petitions filed by individuals detained as alleged enemy combatants, are the petitioners in this case who are facing criminal prosecution before military tribunals - and sentences of life imprisonment and death - nevertheless protected by fundamental rights secured by the Constitution, including the right to challenge the jurisdiction of such a tribunal via the writ of habeas corpus.  (Also available: BIO, Reply)
Denied,
  (though filed again as 07-15)

 Conference of 5/10


Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Dietrich v. Belleque
Peter Shepherd
Oregon AG's office
CA9
06-1060
Whether equitable tolling is available to permit the filing of an otherwise untimely petition seeking relief in federal habeas corpus or whether the provisions of 28 U.S.C. sec. 2244(d) fully define and circumscribe the circumstances in which the AEDPA one-year statute of limitations can be tolled or extended.
Denied
Hightower v. Terry
Mark Whitaker
Howrey LLP
CA11
06-1209
Whether the appeals court should have determined whether any or all of a prosecutor's proffered reasons for striking six black jurors were credible, rather than determining that they were facially race-neutral. (Petition coming soon)
Denied
Iowa Network Services v. Qwest
James Troup
Venable
CA8
06-1217
Whether the Eighth Circuit improperly refused to apply a federal tariff deemed lawful by Congress and the FCC on the basis of a state agency's decision to disregard said tariff.
Denied
Kidwell v. City of Union
Christopher Landau
Kirkland & Ellis

CA6
06-1226
Whether the government may spend public funds directly to influence the outcome of an election as long as the issue presented is directly related to the local government's "role as governor." (Also available: BIO, Reply)
Denied
USF-Red Star Express v. Taylor    
                                                                     
Edward Mazurek
Morgan, Lewis
CA3
06-1284
Whether, in an action under the ADA, an instruction to the jury that a "'major life activity' means an activity that an average person can perform with little or no difficulty" was consistent with this Court's decision in Toyota Motor Mfg., Kentucky, Inc. v. Williams, which ruled that "major life activities" are "those activities that are of central importance to daily life." (Petition coming soon).
Denied
Amgen v. Hoechst Marion Roussell
Roy Englert
Robbins, Russell
                                              
CAFed
06-1291
Whether all aspects of a district court's claim construction are subject to de novo review, as the Federal Circuit has held, or instead should the court have reviewed the factual determinations underlying the district court's claim construction deferentially.  (Also available: (BIO, Reply, Amici: ABA, Cross MedicalFCBA, SDIPLA)
Denied

Conference of 5/17

Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Ayers v. Daniels
Steve Oetting
Calif. AG's office
CA9
06-1142
Whether, when a criminal defendant refuses to cooperate with his counsel due to his subjective mistrust of them, (a) he is constructively denied his right to counsel or (b) his counsel is ineffective within the meaning of Strickland v. Washington.
Denied
G.E. v. Commissioner, NH Dept. of Rev. Admin.
Walter Hellerstein
Sutherland Asbill & Brennan

S. Ct. of NH
06-1210
Whether the New Hampshire business profits tax regime facially discriminates against foreign commerce by providing a tax deduction for dividends received from foreign subsidiaries only to the extent that the foreign subsidiary conducts income-generating business in the State. (Petition coming soon)
CVSG
Wyeth v. Levine
                                                                 
Bert Rein
Wiley Rein            
                                           
S. Ct. of Verm.
06-1249
Whether the prescription drug labeling judgments imposed on manufacturers by the FDA  preempt state law product liability claims premised on the theory that different labeling judgments were necessary to make drugs reasonably safe for use. (Also available: BIO, Reply, Amici: PHRMA, PLAC)
CVSG
US ex rel. Bly-Magee v. Premo
David Frederick
KHHTEF               

CA9
06-1269
Whether the bar on hearing a qui tam action based on "the public disclosure of allegations or transactions...in a congressional, administrative, or [GAO] report, hearing, audit, or investigation" encompasses disclosures by state and local governments or refers to disclosures only by the federal government.  (Also available: BIO, Reply)
CVSG

Conference of 5/24


Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Hall Street Assoc v. Mattel
Michael Garone
Schwabe, Williamson & Wyatt, P.C.            
CA9
06-989
Whether the Federal Arbitration Act ("FAA") precludes a federal court from enforcing the parties' clearly expressed agreement providing for more expansive judicial review of an arbitration award than the narrow standard of review otherwise provided for in the FAA.
Granted
Washington v. VanDelft
                                                                 
Kevin Korsmo
Wash. AG's office          
                                           
S. Ct. of Wash.
06-1081
Whether Apprendi v. New Jersey applies to consecutive sentences where each sentence, standing alone, was authorized by the jury's verdict.  (Also available: BIO, Reply)
Denied
CSX v. State Bd. of Equalization of Georgia
Carter Phillips
Sidley Austin
CA11
06-1287
Whether, under the federal statute prohibiting state tax discrimination against railroads, a federal district court determining the "true market value" of railroad property must accept the valuation method chosen by the State.  (Also available: BIO, Reply) Granted

Conference of 5/31


Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Granite State Outdoor Advertising v. Ft. Lauderdale
Adam Webb
The Webb Law Group                  

CA11
06-1175
Whether overbreadth standing no longer operates to allow an applicant for a sign to facially challenge the lack of procedural safeguards in a sign permitting regulation.
Denied
Teck Cominco Metals v. Pakootas                                              
Ted Olson
Gibson Dunn              

CA9
06-1188
Whether CERCLA (and, by extension, other American environmental laws) can be applied unilaterally to penalize the actions of a foreign company in a foreign country undertaken in accordance with that country's laws. (Also available: Pakootas BIO, Wash. BIO, Reply)
CVSG
Federal Express v. Holowecki
R. Jeffrey Kelsey
FedEx Legal Dept.
CA2
06-1322
Whether the "intake questionnaire" submitted to the EEOC may suffice for the charge of discrimination that must be submitted pursuant to the Age Discrimination in Employment Act, even in the absence of evidence that the EEOC treated the form as a charge or the employee submitting the questionnaire reasonably believed it constituted a charge. (Also available: BIO)
Granted

Conference of 6/7


Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Faulks v. US                                                                                                                  Andrew Buzin
New York, NY  
CA4
06-999

Whether a federal judge may, consistent with Apprendi and Blakely, impose upon a former federal offender a new three-year term of imprisonment based solely on the judge's disputed factual findings that the former offender committed a state offense during her term of supervised release. (Also available: BIO, Reply)

Held
Zoltek v. US
Dean Monco
Wood Phillips
CAFed
06-1155
Whether conduct by the government through its authorized contractors that would otherwise constitute patent infringement is a taking of property subject to the Fifth Amendment.
Denied
Sprint/United Management Co. v. Mendelsohn Paul Cane
Paul, Hastings                                  
CA10
06-1221

Whether a district court must admit "me, too" evidence - testimony, by nonparties, alleging discrimination at the hands of persons who played no role in the adverse employment decision challenged by the plaintiff.  (Also available: BIO, Reply, Amici: AT&T et al., Equal Employment Advisory Council et al.)

Granted
Conference of 6/14

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

Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Coral Power v. Calif.

Calif. v. Coral Power                                         
David Frederick

Paul Stein
CA9
06-888/
06-1100

Whether FERC has the power to order retroactive refunds under sec. 205 of the Federal Power Act for sales made under a tariff that the Commission accepted for filing without suspension or hearing. (Also available: 888 Calif. BIO, Combined BIO of FERC, 888 Reply, 1100 Coral BIO, 1100 Reply, EPSA Amicus)

Denied
(both)
FIA Card Services v. Tax Comm'r of W. Va.        

Lanco v. Dir. of Taxation
Walter Dellinger


Beth Brinkmann

S. Ct. of W. Va.

S. Ct. of NJ
06-1228


06-1236
Whether the Commerce Clause permits states to impose income and franchise taxes on an out-of-state company with no in-state physical presence, simply because that company has customers in the taxing state. (Also available: 1228 BIO, 1228 Reply, 1236 BIO, 1236 Reply, Amici (for 06-1228 only unless otherwise specified): Amer. Bankers Assoc., Clearing House Assoc., Council on State Taxation (both), Direct Marketers Assoc., Greater Phil. Chamber of Commerce (both), Tax Exec. Inst., Tax Foundation, Sherwin-Williams (1236 only)).
Denied
(both)
Quarterman v. Nelson                                                                                                                               Edward Marshall
TX AG's office                                           
CA5
06-1254

Whether the lower court erred when it held that, by failing to divine a full-effect rule from the majority holdings of this Court as of 1994, the state court unreasonably applied clearly established federal law in adjudicating Respondent's Penry claim. (Also available: BIO, Reply)

Denied
Tamashiro v. Dept. of Human Serv.
Seth Galanter
Morrison & Foerster
S. Ct. of Haw.
06-1267
Whether the interpretation of the federal Randolph-Sheppard Act by the Supreme Court of Hawai'i that prohibits a State from authorizing blind vendors to sue that State in state court for violations of state laws that impose requirements on state agencies that are not contained in federal law must be reversed absent a clear statement by Congress. (Also available: BIO, Reply, Amicus of RSVA)
Denied
Kentucky v. Krause
Courtney Hightower
Kent. AG's office
S. Ct. of Kent.
06-1281
Whether police may employ deception with regard to their purpose and obtain voluntary consent to search under the Fourth Amendment. (Materials coming soon).
Denied

The following briefs are on the June 14 Conference following the receipt of a CVSG brief:

06-273, Cox v. DaimlerChrysler.  SG recommends deny.  For more, see here. [DENIED]
06-856, LaRue v. DeWolff, Boberg & Associates.  SG recommends grant.  For more, see here. [GRANTED]

Conference of 6/21

Name
Counsel of Record
Certiorari To
DN
Summary of QP
Status
Rudkin v. Comm'r                                       Peter Rubin
G'Town Law
CA2
06-1286

Whether 26 U.S.C. sec. 67(e) permits a full deduction for costs and fees for investment management and advisory services provided to trusts and estates. (Also available: BIO, Reply)

Granted
Jones v. Peralta
Barabara Underwood
SG of NY

CA2
06-1307
Whether the rule of Balisok and Heck applies to bar a challenge to a prison disciplinary proceeding that resulted in mixed sanctions if the prisoner abandons any claim affecting the loss of good time credits.  (Also available: BIO, Reply)
Denied
Regents of Univ. of Cal. v. Merrill Lynch                                                                                                                             William Lerach
Lerach Coughlin                                          
CA5
06-1341

Whether liability exists under sec.10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, where an actor knowingly uses or employs deceptive devices and contrivances, as part of a scheme to defraud investors in another public company, but itself makes no affirmative  misrepresentations to the market.

Held
Fitch v. Early
Leonard Joblove
NYC DA's office
CA2
06-1429
Whether, under AEDPA, the "clearly established Federal law" upon which the state prisoner bases his claim for habeas relief must be clearly established as a rule of federal law binding onthe States in criminal proceedings.
Denied
Lorillard Tobacco v. Engida
Robert Long
Covington & Burling
CA10
06-1440
Whether undisputed evidence that a retailer sold counterfeit goods establishes "irreparable harm" that supports the entry of a preliminary injunction in a trademark infringement case. (Also available: BIO, Reply, Amicus of WLF)
Denied

05-1645/06-11, Wallace v. Calogero/Leclerc v. Webb.  SG recommends deny. [DENIED]
06-179, Riegel v. MedTronic.  SG recommends deny. [GRANTED]
06-457, Rowe v. New Hamp. Motor Transp. Assoc.  SG recommends deny. [GRANTED]
06-830, Joblove v. Barr Labs.  SG recommends deny. [DENIED]