Petitions to Watch | Conference of 5.29.08
on May 14, 2008 at 12:45 pm
The latest edition of “Petitions to Watch†features cases up for consideration at the Justices’ private conference of May 29. As always, the list reflects the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted. To access previous editions of Petitions to Watch, including the lists for the upcoming conferences of May 15 and 22, visit our archives here on SCOTUSwiki.
Conference of May 29, 2008
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Docket: 07-1026
Case name: Perfect 10, Inc. v. Visa International Service Association, et al.
Issue: Whether, under principles of secondary copyright liability, credit card companies may be liable for processing payments of offshore web sites alleged to be featuring copyrighted works.
- Opinion below (9th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Amicus brief of the Motion Picture Association of America, Inc., et al. (in support of the petitioner)
- Amicus brief of the International Anticounterfeiting Coalition Inc., et al. (in support of the petitioner)
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Case name: Orient Mineral Company, et al. v. Bank of
Issue: Whether, under the commercial activity to the Foreign Sovereign Immunities Act, investors in Chinese gold mines can sue the Bank of China in
- Opinion below (10th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
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Case name: Major League Baseball Advanced Media, et al. v. C.B.C. Distribution and Marketing, Inc.
Issue: Whether the First Amendment trumps state rights of publicity laws for online fantasy baseball providers seeking to use the names and statistics of major league players.
- Opinion below (8th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Amicus brief of the National Football League Players Association, et al. (in support of the petitioner)
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Case name: Kickapoo Traditional Tribe of
Issue: Whether, following Seminole Tribe v. Florida (1996), the Secretary of the Interior may establish procedures for Indian gaming if a state declines to enter a compact with the Tribe and invokes immunity from suit under the 11th Amendment.
- Opinion below (5th Circuit)
- Petition for certiorari
- Brief in opposition (Federal respondent)
- Petitioner’s reply
- Amicus brief of Jena Band of Choctaw Indians, et al. (in support of the petitioner)
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Case name: Hanna Steel Corporation, et al. v. Katie Lowery, et al.
Issue: What burden a defendant must carry to remove a class action to federal court when damages are unspecified in the complaint.
- Opinion below (11th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Amicus brief of the Product Liability Advisory Council, Inc. (in support of the petitioner)
- Amicus brief of the Defense Research Institute (in support of the petitioner)
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