| Name |
Counsel
of Record |
Certiorari To |
DN |
Summary |
Status |
| 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).
|
562: Granted Others: Held |
|
| 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. |
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 |
| 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 |
*Note: This case did not appear in Legal Times
on 1/15/07.