The petition of the day is:

16-244
Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the respondent in this case.

Issue: (1) Whether, if federal law controls the issue of whether attorney’s fees and expenses can be awarded for obtaining a declaratory judgment, an award of fees and expenses is “necessary or proper relief . . . against [the losing party],” Declaratory Judgment Act Section 2202, or whether a declaratory judgment is only available to corporations and the upper class, who can afford to pay the hourly fees and expenses required for access to the courthouse; and (2) whether, if state law controls the issue of whether attorney’s fees and expenses can be awarded for obtaining a declaratory judgment, the case should be remanded to the district court to consider Kansas state law on the subject because the district judge affirmatively stated that fees and expenses should be awarded if they legally could be.

Posted in Schell v. OXY USA Inc., Cases in the Pipeline

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (Sep. 23, 2016, 11:23 PM), https://www.scotusblog.com/2016/09/petition-of-the-day-997/