December argument calendar released
on Sep 18, 2012 at 4:35 pm
The Court recently released the argument calendar for its December sitting, which begins on November 26. The Justices will hear two oral arguments on three of the six days in the sitting; on each of the three remaining days they will hear only one oral argument. (By contrast, the Justices heard two oral arguments on each day of the December 2011 sitting.) One of the three summer grants – Chafin v. Chafin – will be argued in the December sitting. However, the other two cases that the Court granted over the summer, The Standard Fire Insurance Co. v. Knowles and Descamps v. United States, do not appear on the December calendar. This was a somewhat surprising development, as it had been assumed that the Court took the relatively unusual step of granting cases over the summer to fill its December calendar. A full list of the cases to be argued in the December sitting, along with a brief summary of the question presented in each case, follows the jump.
November 26: FTC v. Phoebe Putney Health System – federal antitrust laws and the state action doctrine; and Vance v. Ball State University – “supervisor liability” in civil rights suits
November 27: U.S. Airways, Inc. v. McCutchen –equitable authority of ERISA plans to recoup funds from participants;
November 28: Henderson v. United States — “plain error” standard of review when law is unsettled during trial but clarified by time of appeal
December 3: Genesis HealthCare Corp. v. Symczyk – mootness when FLSA plaintiff receives an offer that satisfies all claims; and Decker v. Northwest Environmental Defense Center and Georgia-Pacific West v. Northwest Environmental Defense Center (consolidated for one hour of oral argument) – deference to EPA’s interpretation of stormwater regulations
December 4: Sebelius v. Auburn Regional Medical Center – availability of equitable tolling for statutory deadline to file Medicare appeal; and Los Angeles County Flood Control Dist. v. Natural Resources Defense Council – interpretation of the Clean Water Act in light of South Florida Water Management District v. Miccosukee Tribe of Indians
December 5: Chafin v. Chafin – mootness under the Hague Convention on International Child Abduction
