Leading Cases on the Long Conference
on Sep 22, 2005 at 5:00 pm
Here are the “paid” petitions on the upcoming long conference (the one at the end of the summer recess) that struck me has most likely to get serious consideration. I reviewed something like 500 petitions in three hours, so if I missed one that you think is a serious candidate, don’t hesitate to let me know:
No. 04-607, Lab. Corp. v. Metabolite Labs. – Is the patent in this case invalid because federal law prohibits patenting “laws of nature, natural phenomena, and abstract ideas”
No. 04-1066, Illinois v. Bartels – When does police questioning impermissibly expand stop under Fourth Amendment (Goldstein & Howe, P.C. for respondent)
No. 04-1207, Bannon v. Palm Beach County Sch. Dist. – May school require removal of religious references in mural project
No. 04-1225, Adams v. United States – Can federal employees state a Takings claim for overtime they are owed
No. 04-1333, National Solid Waste Mgmt. Ass’n v. Pine Belt Regional Solid Waste Mgmt. Auth. – When does entity have standing to raise Commerce Clause challenge
No. 04-1346, Board of Trustees of Univ. of Ill. v. Fujitsu Ltd. – When are rulings denying claim of sovereign immunity immediately appealable
No. 04-1350, KSR Int’l v. Teleflex – What is the test for “obviousness” under which an invention cannot be patented
No. 04-1366, Callery v. United States Life Ins. Co. – Does ERISA Section 502(a)(3) authorize money damages in suit for breach of fiduciary duty
No. 04-1427, Ross v. Citifinancial – May a court find that “fraudulent joinder” defeats diversity jurisdiction on ground that can be asserted by diverse and nondiverse defendants
No. 04-1462, Franklin Savings Corp. v. United States – What is the scope of the federal government’s waiver of sovereign immunity in the Bankruptcy Code
No. 04-1475, Schriro v. Smith – Whether a court of appeals on habeas is limited to arguments raised by the parties
No. 04-1477, Jones v. Flowers – If a tax sale notice is returned undelivered, must the government make further efforts to locate the property owner
No. 04-1486, Office of Sen. Ben Nighthorse Cambpell v. Bastien – Whether alleged discrimination against a Senate aide is immunized from suit by the Speech and Debate Clause
No. 04-1487, N.J. Dep’t of Labor v. Reconstituted Comm. of Unsecured Creditors of United Healthcare Sys. – Do non-profit employers’ involuntary reimbursement obligations under the Federal Unemployment Tax Act constitute excise taxes for the Bankruptcy Code’s priority scheme
No. 04-1491, Maine v. Patterson – Whether police “seize” an individual under the Fourth Amendment by tapping on the window of his car and asking him to roll down the window
No. 04-1528, Randall v. Sorrell – Is Vermont’s campaign finance scheme constitutional (& No. 04-1530, -1697)
No. 04-1538, Kane v. Espitia – Whether a state court unreasonably interprets Supreme Court precedent by holding that a defendant representing himself has no Sixth Amendment right to access to legal resources
No. 04-1544, Marshall v. Marshall – What is the scope of the “probate exception” to federal court jurisdiction (Goldstein & Howe, P.C. for respondent)
No. 04-1549, Green v. Office of the Sheriff’s Office, Consolidated City of Jacksonville – Whether and when an employment discrimination plaintiff is entitled to a instruction that if the jury does not believe the employer’s explanation for its conduct the jury may infer discrimination
No. 04-1594, DeWalt v. United States – Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 223 (1998)
No. 04-1625, A&F Trademark v. Tolson – What contacts are required for a State to apply income and franchise taxes to out-of-state vendor
No. 04-1640, Wills v. Amerada Hess Corp. – Whether the burden of proof should shift in Jones Act cases in claims that rest on the statutory violations by the employer
No. 04-1657, Cruz v. Blue Cross Blue Shield of Ill. – What is the scope of the right to sue under the Federal Employees Health Benefits Act
No. 04-1660, Perry v. Texas – What jury instructions are required for evaluating mitigating evidence in a capital case
No. 04-1674, Ypsilanti Bd. of Ed. v. Mulbah – Can an entity with no capacity to sue or be sued under state law be sued under Title VII
No. 04-1696, Lumumba v. Mississippi Bar – Whether the First Amendment applies to disciplinary proceedings regarding attorney’s out-of-court statements
No. 04-1726, Herbert v. Cain – What is the jurisdiction of federal courts to hear appeals of dismissals of habeas petitions on timeliness grounds
No. 05-3, Bendolph v. United States – May a court sua sponte raise a timeliness defense to habeas petition
No. 05-10, AirTrans Inc. v. Mead – Does the Inspector General of the Department of Transportation have authority to obtain and execute a search warrant
No. 05-83, Washington v. Recuenco – Does harmless-error analysis apply to sentencing enhancements imposed in violation of Sixth Amendment
No. 05-87, Colorado v. Harlan – Does jury’s consideration of biblical passages in capital sentencing proceedings invalidate death sentence
No. 05-95, Sutter v. Lasar – When may a judge invoke his inherent authority to issue sanctions
No. 05-106, Grand Trunk Western RR v. Roddy – Whether federal courts have jurisdiction over a state law claim that involves construing a collective bargaining agreement subject to the Railway Labor Act
No. 05-109, Ivey v. Great-West Life & Annuity Ins. Co. – Can the Bankruptcy Code priority for employee benefit plan contributions be asserted by an insurer (CFR)
No. 05-188, Jobe v. City of Catlettsburg – Whether the government can ban placing leaflets under car windshields
No. 05-185, Hamdan v. Rumsfeld – Is the military commission scheme applied to the Guantanamo detainees lawful
