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Petitions of the week

Nov 15, 2019
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This week we highlight petitions pending before the Supreme Court that address, among other things, whether the government may commence removal proceedings by serving a noncitizen with a “notice to appear” that fails to specify the hearing’s time and place, whether the Fair Credit Reporting Act authorizes consumers to file civil suits against federal governmental agencies under 15 U.S.C. § 1681n and § 1681o, and whether a domestic corporation is subject to liability in a private action under the Alien Tort Statute.

The petitions of the week are below the jump:

Cargill Inc. v. Doe I

19-453

Issues: (1) Whether the presumption against extraterritorial application of the Alien Tort Statute is displaced by allegations that a U.S. company generally conducted oversight of its foreign operations at its headquarters and made operational and financial decisions there, even though the conduct alleged to violate international law occurred in – and the plaintiffs suffered their injuries in – a foreign country; and (2) whether a domestic corporation is subject to liability in a private action under the Alien Tort Statute.

Karingithi v. Barr

19-475

Issues: (1) Whether the government may commence removal proceedings by serving a noncitizen with a “notice to appear” that fails to specify the hearing’s time and place; and (2) whether deference under Auer v. Robbins allows an executive agency to interpret a regulation in a way that conflicts with a congressional statute.

Morgan v. Washington

19-494

Issue: Whether a government official who would like to seize someone’s personal property, and has both probable cause and the time to obtain a warrant, must bring his probable cause to a magistrate to obtain a warrant or may, under the plain-view exception, send a fellow officer to take the property.

Publishers Business Services Inc. v. Federal Trade Commission

19-507

Issues: (1) Whether a district court can award monetary relief under Section 13(b) of the Federal Trade Commission Act, consistent with separation-of-powers principles; and (2) whether a monetary disgorgement award under Section 13(b) of the FTC Act is a penalty and therefore outside a district court’s inherent equity powers.

Robinson v. Department of Education

19-512

Issue: Whether the Fair Credit Reporting Act authorizes consumers to file civil suits against federal governmental agencies under 15 U.S.C. § 1681n and § 1681o.

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