This week we highlight petitions pending before the Supreme Court that address the applicability of the government edicts doctrine to works that lack the force of law, the scope of a corporate issuer’s duty to update under Securities and Exchange Commission Rule 10b-5(b), and the ability of a nonsignatory to an arbitration agreement to compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

The petitions of the week are:

18-1010

Issue: Whether the Supreme Court should resolve the circuit split regarding a corporate issuer’s duty to update under Securities and Exchange Commission Rule 10b-5(b) and find that the U.S. Court of Appeals for the 9th Circuit erred by imposing such a duty to a statement of historical fact that was accurate when made, when the “value” or “weight” of that prior statement was later “diminished” by subsequent events.

18-1048

Issue: Whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards permits a nonsignatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel.

18-1150
Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case. Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the respondent in this case.

Issue: Whether the government edicts doctrine extends to—and thus renders uncopyrightable—works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated.

Posted in Hagan v. Khoja, GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC, Georgia v. Public.Resource.Org Inc., Cases in the Pipeline

Recommended Citation: Aurora Barnes, Petitions of the week, SCOTUSblog (Apr. 12, 2019, 9:43 AM), https://www.scotusblog.com/2019/04/petitions-of-the-week-39/