The Acting Solicitor General has recently filed invitation briefs in nine cases.  (Our full list of pending petitions, including those in which the Court has called for the views of the Solicitor General, is available here). Acting Solicitor General Neal Katyal has recommended that cert. be denied in eight of those nine cases; he has recommended a grant in just one case, Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S . The invitation briefs, as well as more specifics on each petition, are below; the Court will consider these petitions before it recesses for the summer at the end of June.

 

Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S (Granted )

Docket: 10-844
Issue(s): Whether the counterclaim provision of the Hatch-Waxman Act applies when (1) there is an approved method of using the drug that the patent does not claim, and (2) the brand submits patent information to the FDA that misstates the patent's scope, requiring correct[ion].

Certiorari stage documents:

CVSG Information:

National Meat Association v. Harris (Granted )

Docket: 10-224
Issue(s): (1) Did the Ninth Circuit err in holding that a presumption against preemption requires a narrow interpretation of the Federal Meat Inspection Act's express preemption provision, in conflict with this Court's decision in Jones v. Rath Packing Co. (1977) that the provision must be given a broad meaning? (2) When federal food safety and humane handling regulations specify that animals (here, swine) which are or become nonambulatory on federally inspected premises are to be separated and held for observation and further disease inspection, did the Ninth Circuit err in holding that a state criminal law which requires that such animals not be held for observation and disease inspection, but instead be immediately euthanized, was not preempted by the FMIA? (3) Did the Ninth Circuit err in holding more generally that a state criminal law which states that no slaughterhouse may buy, sell, receive, process, butcher, or hold a nonambulatory animal is not a preempted attempt to regulate the premises, facilities, [or] operations of federally regulated slaughterhouses?

Certiorari stage documents:

CVSG Information:

First American Financial v. Edwards (Granted )

Docket: 10-708
Issue(s): Whether a private purchaser of real estate settlement services has standing to sue under Article III, § 2 of the United States Constitution.

Certiorari stage documents:

CVSG Information:

United States ex rel. Summers v. LHC Group.

Docket: 10-827
Issue(s): Must a False Claims Act lawsuit always be dismissed if the lawsuit was not filed under seal at the outset, or is the question of dismissal to be determined by a balancing test?

Certiorari stage documents:

CVSG Information:

Brown v. Rincon Band of Luiseno Mission Indians

Docket: 10-330
Issue(s): (1) Whether a state demands direct taxation of an Indian tribe in compact negotiations under Section 11 of the Indian Gaming Regulatory Act, when it bargains for a share of tribal gaming revenue for the state's general fund; and (2) whether a court exceeds its jurisdiction to determine the state's good faith in compact negotiations under Section 11 of the Indian Gaming Regulatory Act, when it weighs the relative value of concessions offered by the parties in those negotiations.

Certiorari stage documents:

CVSG Information:

Miccosukee Tribe v. Kraus-Anderson Construction Co.

Docket: 10-717
Issue(s): Whether an action to obtain recognition of an Indian tribal court judgment presents a federal question under 28 U.S.C. § 1331.

Certiorari stage documents:

CVSG Information:

PPL Montana, LLC v. Montana (Granted )

Docket: 10-218
Issue(s): Whether the constitutional test for determining whether a section of a river is navigable for title purposes requires a trial court to determine, based on evidence, whether the relevant stretch of the river was navigable at the time the state joined the Union.

Certiorari stage documents:

CVSG Information:

Applera Corp. v. Enzo Biochem, Inc.

Docket: 10-426
Issue(s): Whether the Federal Circuit's standard for finding that a patent’s claims are “definite,” which is met as long as the language of a claim is not “insolubly ambiguous” or is capable of being construed, is consistent with the language of 35 U.S.C. § 112, which provides that the patent must include “claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.”

Certiorari stage documents:

CVSG Information:

City of New York v. The Permanent Mission of India to the United Nations

Docket: 10-627
Issue(s): 1) Whether, in determining whether Congress authorized the Secretary of State ("Secretary") to preempt traditional state taxing powers by designating certain exemptions from state and local property tax laws under The Foreign Missions Act, 22 U.S.C. §§ 4301 et seq. ("FMA"), courts should defer to the Secretary's own interpretation of her FMA powers; 2) whether the FMA authorizes the Secretary's preemption of state and local property tax laws; and 3) whether upholding the Secretary's creation and conferral of retroactive tax exemptions under the FMA is contrary to Supreme Court precedent.

Certiorari stage documents:

CVSG Information:

Posted in Cases in the Pipeline

Recommended Citation: Kali Borkoski, Nine new invitation briefs filed by the Acting Solicitor General, SCOTUSblog (May. 27, 2011, 10:56 AM), https://www.scotusblog.com/2011/05/nine-new-invitation-briefs-filed-by-the-acting-solicitor-general/