SCOTUSblog's list of petitions with a "reasonable" chance of being granted


Conference of 11/9

Name
Counsel of Record
Certiorari To
DN
Summary
Status
Met-Life v. Hawkins-Dean                             Lee Patterson
Winston & Strawn         
CA9
05-1424

Whether the Ninth Circuit erred in reviewing de novo a benefit decision by an administrator of an ERISA-regulated plan that grants the administrator discretion in making benefit decisions.

GVR
McGladrey & Pullen v. NC State Board of CPA Examiners Carter Philips
Sidley Austin
Sup. Ct. of N.C.
06-197

Whether a court reviewing a state professional regulatory board's decision that prohibits allegedly misleading commercial speech should review the record de novo to determine whether the speech is misleading and the prohibition constitutional.

Denied
Perdue v. Dan Brown and Random House, et al. Luther Munford
Phelps Dunbar 
                                                          
CA2
06-213

Whether, when deciding if part of a literary work is "substantially similar" to protected expression in a previously copyrighted literary work, a court should look to the two works alone or also consider expert affidavits.  Note: this is the feature case in this week's edition of "Conference Call."

Denied
Brown v. Dekalb County   David Bederman
Private Counsel
Ct. of App. of GA 06-332

Whether McMillian v. Monroe County should be construed as raising a presumption that states exercise effective control over such autonomous officials as county sheriffs in order to categorize them as "arms of the State" for purposes of determining liability under 42 U.S.C. 1983.

Denied
Qwest v. New England Health Care Employees Pension Fund   David Boyd
Boies, Schiller, & Flexner
CA10
06-343

Whether production of privileged documents to federal law enforcement authorities in the course of federal investigations and pursuant to written confidentiality agreements waives the attorney-client privilege and the protections afforded to attorney work product with respect to  private litigants in separate proceedings.

Denied