Petitions of the week

Issue:Whether the Federal Aviation Act pre-empts state-law design-defect claims.

Issues:(1) Whether the Portal-to-Portal Act modified the Fair Labor Standards Acts broad, pre-1947 definition of work; and (2) whether the FLSAs definition of work requires exertion beyond the minimal effort involved in passing through a security screening.

Issue:Whether the U.S. Court of Appeals for the 2nd Circuit erred by holding that marks of religious organizations, like The Universal Church and Universal Church, may be generic as a matter of law regardless of evidence that the relevant public does not primarily understand them as generic.

Issues:(1) Whether the U.S. Court of Appeals for the 9th Circuit, in conflict withMorrison v. National Australia Bank Ltd.andRJR Nabisco Inc. v. European Community, correctly concluded that holding Teck liable for its discharges in Canada was not an impermissible extraterritorial application of the Comprehensive Environmental Response, Compensation and Liability Act; (2) whether the U.S. Court of Appeals for the 9th Circuitin conflict with the Supreme Courts decision inWalden v. Fiore, and the U.S. Courts of Appeals for the 2nd, 5th and 7th Circuitscorrectly held that a state may exercise specific personal jurisdiction over a defendant because the defendant knew its conduct would have in-state effects, when the defendants relevant conduct occurred elsewhere; and (3) whether the U.S. Court of Appeals for the 9th Circuitin conflict with the U.S. Court of Appeals for the 1st Circuit, and in tension with the opinions of the Supreme Court and several other circuitscorrectly held that a defendant can be an arranger under CERCLA even if the defendant did not arrange for anyone else to dispose of or treat the waste.