SCOTUSblog's "Petitions to Watch"
For the conferences of October 26 and November 2, 2007
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Tom Goldstein has deemed the following petitions for certiorari on the Supreme Court's 'paid' docket to have a reasonable chance of being granted.
The highlighted number in the docket column links to the petition page on the Court's web site, which includes the lawyers involved in the case. The link in the issue column provides a PDF of the opinion below. The links in the filings column provide PDFs of the petitions, briefs in opposition, replies and amicus filings.
October 26

Docket
Case Name Issue Filings
06-1210
 General Electric v. New Hampshire Department of Revenue Administration Whether the New Hampshire business profits tax discriminates against foreign commerce in violation of the Commerce Clause. (S.Ct. of New Hampshire)
 Petition, BIO, reply,
U.S., reply to CVSG,
Council on State Taxation
06-1632
 JTEKT Corp. v. United States
 Whether a party is entitled to an administrative rehearing of a decision based on a policy later struck down by the World Trade Organization. (U.S. Court of Int'l Trade)
 Petition, BIO, BIO, Japan
06-1680
 Allen v. Siebert
 Whether an untimely state post-conviction petition is not "properly filed" for AEDPA tolling purposes only when the state time bar is jurisdictional, rather than defensive, in nature. (CA11)
 Petition, BIO, reply, states, CJLF
07-2
 Joyce Livestock Co. v. United States
 Whether the United States waived its sovereign immunity such that in a state water rights adjudication, a state court having jurisdiction over the United States is authorized to award attorney fees against the United States to a prevailing party under the Equal Access to Justice Act. (S.Ct. Idaho)
 Petition, BIO, Wash. Cattle Assoc.
07-36
 Salinas v. United States
 Whether the government may admit as evidence of guilt a defendant's silence after his arrest but before receipt of his Miranda warnings. (CA5)
 Petition, BIO
07-214
 Allison Engine v. United States
 Whether sections 3729(a)(2) and 3729(a)(3) of the False Claims Act cover fraudulent claims submitted by a subcontractor to a prime contractor but not to the government itself. (CA6)
 Petition, BIO, Chamber
07-219
 Exxon v. Baker
 Whether a $2.5 billion punitive damages award for economic harm to fishermen and private parties resulting from the Exxon Valdez oil spill is permitted under federal maritime law or the Due Process Clause. (CA9)
 Petition, BIO, Reply,
American Waterways Operators,
tanker owners,
American Petroleum Institute,
Chamber,
American Institute of Marine Underwriters,
Keystone Shipping,
American Commercial Lines,
Wash. Legal Foundation,
Int'l Assoc. of Drilling Contractors, Transportation Institute,
Int'l Chamber of Shipping,
Maritime Law Association,
Professors
07-225
 Louisiana v. Langley
 Whether the trial judge's absence from the courtroom during part of a criminal trial constitutes harmless or structural error. (S.Ct. Louisiana)
 Petition
07-233
 Crawford v. Fairburn, Ga.
 Whether Title VII plaintiffs purportedly fired for multiple reasons must rebut all proffered reasons for the discharge or may establish one of the reasons as a pretext for unlawful discrimination. (CA11)
 Petition, BIO
07-257
 Continental Carbon Co. v. Action Marine
 Whether a $17.5 million punitive damages award for property damage on top of $1.9 million in compensatory damages violates the Due Process Clause. (CA11)
 Petition, BIO, American Chemistry Council, Chamber

November 2

Docket
Case Name Issue Filings
07-132
 2025 Emery Highway, dba Club Exotica v. Bibb County, Geo.
 Whether a Georgia sheriff's acts as an "arm of the state" and is thus entitled to 11th Amendment immunity when enforcing county ordinances related to alcoholic beverages and adult entertainment. (M.D. Ga) Petition, BIO, reply