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).
The petitions of the week are:
18-1276
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.
Lewis v. Pension Benefit Guaranty Corp.
18-1279
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 Corporation’s breaches of fiduciary duties.
18-1285
Issue: Whether the Manual of Patent Examining Procedure Section 1207.04 violates patent applicants’ statutory right of appeal following a second rejection.
Recommended Citation: Aurora Barnes, Petitions of the week, SCOTUSblog (May. 22, 2019, 12:00 AM), https://www.scotusblog.com/2019/05/petitions-of-the-week-45/