Petitions of the week
This week we highlight petitions pending before the Supreme Court that address the validity of the Manual of Patent Examining Procedure Section 1207.04, under what circumstances a criminal defendant pursuing a second or successive motion under 28 U.S.C. 2255 is entitled to relief under a retroactive constitutional decision invalidating a federal statutory provision, and whether 29 U.S.C. 1344(c) precludes disgorgement of profits as an appropriate equitable remedy under 29 U.S.C. 1303(f).
Thepetitions of the week are:
Issue:Whether, or under what circumstances, a criminal defendant pursuing a second or successive motion under 28 U.S.C. 2255 is entitled to relief under a retroactive constitutional decision invalidating a federal statutory provision, when the record is silent as to whether the district court based on its original judgment on that provision or another provision of the same statute.
Issue:Whether 29 U.S.C. 1344(c) precludes disgorgement of profits from the Pension Benefit Guaranty Corporation as an appropriate equitable remedy under 29 U.S.C. 1303(f) for the Pension Benefit Guaranty Corporations breaches of fiduciary duties.
Issue: Whether the Manual of Patent Examining Procedure Section 1207.04 violates patent applicants statutory right of appeal following a second rejection.
Posted in Cases in the Pipeline
Cases: Levert v. United States, Lewis v. Pension Benefit Guaranty Corp., Hyatt v. Iancu