This edition of "Petitions to Watch" features cases up for consideration at the Justices' “long conference,” on Monday, September 27.  These are petitions raising issues that Tom has determined have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues.

Placer Dome, Inc. v. Provincial Government of Marinduque

Docket: 09-944
Issue(s): Whether federal courts have jurisdiction to rule on a case that involves potential foreign policy issues because a foreign government is involved.

Certiorari stage documents:

CVSG Information:

Louisiana Safety Association of Timbermen – Self Insurers Fund v. Certain Underwriters at Lloyd’s, London

Docket: 09-945
Issue(s): Whether Chapter 2 of the Federal Arbitration Act is an “Act of Congress” subject to the anti-preemption provision of the McCarran-Ferguson Act.

Certiorari stage documents:

CVSG Information:

Hogan v. Kaltag Tribal Council

Docket: 09-960
Issue(s): Whether Indian tribes in the State of Alaska have authority to initiate and adjudicate child custody proceedings involving a nonmember and then to compel the State to give full faith and credit to the decrees entered in those proceedings.

Certiorari stage documents:

CVSG Information:

Wong v. Smith

Docket: 09-1031
Issue(s): Do 28 U.S.C. § 2254(d) and this Court’s precedent permit federal habeas corpus relief on a claim that a state judge unconstitutionally “coerces” jurors to return a guilty verdict by identifying specific evidence in the case as important and instructing them to consider it?

Certiorari stage documents:

Sammis v. Nance

Docket: 09-1115
Issue(s): (1) Whether a police officer may be held liable on a claim under 42 U.S.C. § 1983 for failing to prevent another officer’s use of force when that force was used within a short period such that a reasonable officer in the same circumstance would not have had a realistic opportunity to intervene; (2) whether the commands “get on the ground, drop the gun” are sufficient to satisfy the warning required prior to the use of deadly force; and (3) whether a party’s self-serving testimony that contradicts his or her prior statement is sufficient to create a fact question and thereby avoid an adverse summary judgment ruling on the defense of qualified immunity.

Certiorari stage documents:

FIA Card Services, N.A. v. Gorman

Docket: 09-1142
Issue(s): 1) Whether Section 1681s-2(b) of the Fair Credit Reporting Act (“FCRA”) makes unlawful a furnisher's failure to echo back to the consumer reporting agencies (“CRAs”) a consumer dispute of which the CRA advised the furnisher, when the obligation to notify CRAs of disputes is expressly found in Section 1681s-2(a) of FCRA, 15 U.S.C. § 1681s-2(a), and FCRA's private rights of action are available to enforce violations of Section 1681s-2(b) but not Section 1681s-2(a); and 2) whether Section 1681t of FCRA, 15 U.S.C. § 1681t, preempts a California statute that creates a private damages remedy for violations of state law with respect to the obligations of furnishers of information to CRAs.

Certiorari stage documents:

Wilson v. Johnson

Docket: 09-1143
Issue(s): Whether the denial of the appointment of counsel in a civil case is an immediately appealable order.

Certiorari stage documents:

Skinner v. Department of Justice

Docket: 09-1188
Issue(s): Whether a prisoner’s federal damages claims challenging disciplinary segregation and the loss of visitation rights and commissary privileges resulting from certain alleged prisoner misconduct — claims that otherwise could proceed without exhaustion of habeas remedies — nonetheless must be dismissed in favor of habeas because prison officials also chose to revoke good-time credits based on the same incident, and any challenge to that revocation would lie exclusively in habeas.

Certiorari stage documents:

Jerez-Sanchez v. Holder

Docket: 09-1211
Issue(s): (1) Whether Section 304(b) of the Illegal Immigration Reform and Immigrant Responsibility Act is inapplicable to pre-enactment convictions of all immigrants whose convictions predate IIRIRA’s enactment, or whether the section’s retroactivity instead (a) turns on an immigrant’s subjective reliance; (b) turns on objectively reasonable reliance; or (c) is categorically inapplicable to convictions obtained at trial; and (2) whether the presumption against retroactivity applies only when individuals can establish either subjective or objective reliance on prior law.

Certiorari stage documents:

Norfolk Southern Railway Company v. Groves

Docket: 09-1212
Issue(s): 1) Whether “consignee” can be properly defined in railroad tariffs as the party named as consignee on a bill of lading that physically accepts delivery of all freight consigned to it, or whether the definition of “consignee” in such tariffs must also require proof that the party so named on the bill of lading explicitly consented to being named as consignee before accepting delivery; 2) whether the Supreme Court should resolve the circuit split over the definition of “consignee”; and 3) whether the courts have subject matter jurisdiction to interpret the terms or expand the requirements of a railroad's rail car demurrage tariff.

Certiorari stage documents:

CVSG Information:

Bond v. United States (Granted )

Docket: 09-1227
Issue(s): Whether a criminal defendant convicted under a federal statute has standing to challenge her conviction on grounds that, as applied to her, the statute is beyond the federal government’s enumerated powers and inconsistent with the Tenth Amendment.

Certiorari stage documents:

Von Saher v. Norton Simon Museum of Art at Pasadena

Docket: 09-1254
Issue(s): (1) Whether, in enacting a state statute extending the statute of limitations applicable to claims for the recovery of property stolen during the Holocaust against museums and galleries, the State of California was addressing an area of “traditional state responsibility” without intruding on the federal foreign affairs power; (2) whether a state statute extending the statute of limitations for the recovery of property stolen during the Holocaust, which does not conflict with any federal statute, treaty or policy, is preempted by the federal foreign affairs power to make and resolve war; and (3) whether California Code of Civil Procedure § 354.3 is facially unconstitutional when the application to the case at bar poses no constitutional infirmity.

Certiorari stage documents:

CVSG Information:

Limmer, Smith, and Nothnagel v. Missouri Pacific Railroad Co.

Docket: 09-1255
Issue(s): Whether the federally funded addition of a component of a warning device (retroreflective tape) to an existing warning device (a crossbuck warning sign) at a railroad crossing is the installation of a “warning device” under 23 C.F.R. § 646.214(b)(3) and (4), thereby preempting state-law claims of negligence.

Certiorari stage documents:

Lonberg v. City of Riverside

Docket: 09-1259
Issue(s): Whether the Americans with Disabilities Act’s transition-plan regulations, 28 C.F.R. § 35.150(d), are enforceable by private right of action.

Certiorari stage documents:

Presbyterian Church of Sudan v. Talisman Energy, Inc.

Docket: 09-1262
Issue(s): (1) Whether federal common law tort principles or international law provides the standard for civil aiding and abetting or conspiracy liability under the Alien Tort Statute; (2) whether the mental element for civil aiding and abetting liability, under either federal common law or international law, permits liability based on a showing that the defendant knowingly provided substantial assistance to gross human rights violations, or whether a plaintiff must also show that the defendant had the intent to assist; and (3) whether ATS plaintiffs may assert conspiracy or joint criminal enterprise theories of liability based on federal common law or international law and, if so, whether, in the context of such joint action, ATS plaintiffs satisfy their burden of proof by demonstrating that the defendant knew of an illegal purpose of the joint criminal enterprise and was assisting to achieve that illegal purpose.

Certiorari stage documents:

Kentucky v. King (Granted )

Docket: 09-1272
Issue(s): Under what circumstances can lawful police action impermissibly create exigent circumstances that preclude warrantless entry?

Certiorari stage documents:

Astra USA, Inc. v. Santa Clara County (Granted )

Docket: 09-1273
Issue(s): Whether, in the absence of a private right of action to enforce a statute, federal courts have the federal common law authority to confer a private right of action simply because the statutory requirement sought to be enforced is embodied in a contract.

Certiorari stage documents:

Federal Communications Commission v. AT&T, Inc. (Granted )

Docket: 09-1279
Issue(s): Whether Exemption 7(C) of the Freedom of Information Act which exempts from mandatory disclosure records or information compiled for law enforcement purposes when such disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy protects the privacy of corporate entities.

Certiorari stage documents:

General Dynamics Corp. v. United States (Granted )

Docket: 09-1298
Issue(s): Whether the government can maintain its claim against a party when it invokes the state-secrets privilege to completely deny that party a defense to the claim.

Certiorari stage documents:

The Boeing Company v. United States (Granted )

Docket: 09-1302
Issue(s): Whether the Due Process Clause of the Fifth Amendment permits the government to maintain a claim while simultaneously asserting the state-secrets privilege to bar presentation of a prima facie valid defense to that claim.

Certiorari stage documents:

Zurich American Insurance Company v. Pioneer Natural Resources USA, Inc.

Docket: 09-1305
Issue(s): Whether, in a case removed under the Convention on the Recognition and Enforcement of Arbitral Awards, 9 U.S.C. § 205, an order denying a motion to compel arbitration and remanding to state court is appealable under the Federal Arbitration Act’s express right of interlocutory appeal from such denials, 9 U.S.C. § 16(a)(1)(C), notwithstanding 28 U.S.C. § 1447(d).

Certiorari stage documents:

Saleh v. Titan Corp.

Docket: 09-1313
Issue(s): 1) Whether the court of appeals erred by finding that claims for torture and other war crimes cannot be brought against private actors under the Alien Tort Statute; and 2) whether the court of appeals erred by creating a “battle-field preemption” doctrine that extends derivative sovereign immunity to contractors.

Certiorari stage documents:

CVSG Information:

Ryan v. Jones

Docket: 09-1314
Issue(s): (1) Whether a “non-neutral” mental health expert must be appointed to assist the defense at sentencing; (2) whether defense counsel performs deficiently by relying on the description of childhood abuse provided by the defendant and his mother and stepfather, and not additionally interviewing the defendant’s sibling regarding the same type of abuse; (3) whether a federal court errs by considering only new mitigation evidence, without considering rebuttal evidence and evidence of aggravating circumstances, in determining whether the additional mitigation evidence would have changed the sentencing decision; and (4) whether the Ninth Circuit erred by ruling that a district court, in considering ineffective assistance of counsel claims following an evidentiary hearing, should not evaluate the credibility of expert witnesses who testified at the hearing regarding evidence a petitioner claims should have been presented at sentencing.

Certiorari stage documents:

Koubriti v. Convertino

Docket: 09-1322
Issue(s): Whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conviction and incarceration where the prosecutor allegedly (1) violated a criminal defendant’s substantive due process rights by procuring false testimony during the criminal investigation and then (2) introduced that same testimony against the criminal defendant at trial.

Certiorari stage documents:

Mills v. Midwest Title Loans

Docket: 09-1325
Issue(s): Whether the Commerce Clause permits a state to regulate consumer loans to its residents by a firm that advertises and conducts multiple loan-related activities in the state, but which requires all loan agreements to be signed in another state.

Certiorari stage documents:

Smith v. Vasquez

Docket: 09-1328
Issue(s): (1) Whether a state court acts “contrary to… clearly established Federal law” under 28 U.S.C. § 2254(d)(1) when it cites the appropriate standard of review for a specific issue in its opinion but later uses imprecise shorthand terms in referring to that standard; and (2) whether the Sixth Circuit erred in granting habeas relief on the respondent’s ineffective assistance of counsel claim notwithstanding the state courts’ contrary determination.

Certiorari stage documents:

Canto v. Holder

Docket: 09-1333
Issue(s): Whether aliens convicted of a deportable offense before 1996 are entitled to seek waiver of deportation under Section 212(c) of the Immigration and Nationality Act despite its repeal in 1996.

Certiorari stage documents:

Nestle Purina Petcare Company v. Commissioner of Internal Revenue

Docket: 09-1339
Issue(s): (1) Whether a deduction for dividends paid to withdrawing participants of an Employee Stock Ownership Plan, as authorized by § 404(k) of the Internal Revenue Code, is precluded by § 162(k)(1), which disallows an otherwise allowable deduction “for any amount paid or incurred in connection with the redemption of [a corporation’s] stock”; (2) whether deference is owed by one circuit to the federal tax decisions of other circuits; and (3) whether the Eighth Circuit erred in holding that petitioner’s deductions for “applicable dividends” paid under § 404(k) were barred by § 162(k)(1), where § 162(k)(2)(A)(iii) expressly provides that the bar set forth in §162(k)(1) shall not apply to “deductions for dividends paid (within the meaning of Section 561).”

Certiorari stage documents:

Sherry v. Johnson

Docket: 09-1342
Issue(s): Whether the Michigan courts unreasonably applied Supreme Court precedent under 28 U.S.C. § 2254(d) in rejecting a claim of ineffective assistance of counsel because it did not affect the outcome of the case.

Certiorari stage documents:

Iron Thunderhorse v. Pierce

Docket: 09-1353
Issue(s): Whether the court of appeals misinterpreted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq., to require only a minimal showing that a prison grooming rule which concededly imposes a substantial burden on religious exercise is the “least restrictive means of furthering [a] compelling governmental interest.”

Certiorari stage documents:

CVSG Information:

Totes-Isotoner Corp. v. United States

Docket: 09-1360
Issue(s): 1) Whether Harmonized Tariff Schedule of the United States (HTSUS) provisions that impose a 14% ad valorem rate on “men's” seamed leather gloves, but only a 12.6% ad valorem rate on seamed leather gloves for “other persons” -- i.e., females and male children -- discriminate facially on the basis of gender or age; 2) whether, if the HTSUS does not facially discriminate, a “different rule” of pleading applies to equal protection claims in the areas of tariff and tax law such that governmental intent to discriminate can never be inferred from disparate impact on similarly situated parties; and 3) whether a corporate taxpayer has first-party standing to assert an equal protection violation based on the gender or age of those who use its imported merchandise.

Certiorari stage documents:

Bell v. Thompson

Docket: 09-1373
Issue(s): (1) Whether respondent Gregory Thompson is competent to be executed, given that Ford v. Wainwright (1986) neither defined competency in the Eighth Amendment context nor set forth precise procedural requirements for determining competency for execution; (2) whether the Tennessee Supreme Court’s clarification of existing Tennessee appellate procedure was sufficient to warrant relief under Fed. R. Civ. P. 60(b) from the district court’s judgment denying respondent Thompson’s petition for writ of habeas corpus; and (3) whether the Sixth Circuit’s decision exceeds the scope of the certificate of appealability (COA) — and thus the Court’s jurisdiction — under 28 U.S.C. § 2253(c).

Certiorari stage documents:

Sternberg v. Johnston

Docket: 09-1374
Issue(s): Whether 11 U.S.C. § 362(k)(1) – specifying that an individual “injured” by a willful violation of the Bankruptcy Code automatic stay “shall recover actual damages” — encompasses compensation for emotional distress.

Certiorari stage documents:

Harber Corporation v. United States

Docket: 09-1389
Issue(s): (1) Whether the government, when it is ordered to make restitution of illegally seized funds to an innocent owner, may also be ordered to disgorge interest earned or realized on the funds; and (2) whether a petition by property owners to challenge in personam forfeiture proceedings by the government under 28 U.S.C. § 2465(b)(1) — which provides that the United States “shall be liable” for attorneys’ fees and costs incurred by claimants who substantially prevail “in any civil proceeding to forfeit property under any provision of Federal law” — is part of ”a proceeding to forfeit property” and whose petitioners, therefore, are entitled to fees and costs.

Certiorari stage documents:

Beer v. United States

Docket: 09-1395
Issue(s): Whether the Compensation Clause of Article III prevents Congress from withholding the future judicial salary adjustments established by the Ethics Reform Act of 1989.

Certiorari stage documents:

Laborers District Council Construction Industry Pension Fund v. Omnicare

Docket: 09-1400
Issue(s): Whether claims under Securities Act § 11, 15 U.S.C. § 77k(a), for which proof of fraud or mistake is no element of prima facie liability, are subject to Federal Rule of Civil Procedure 9(b)’s heightened pleading requirement, requiring that a party alleging claims of fraud or mistake “state with particularity the circumstances constituting fraud or mistake”; (2) whether investors seeking relief under Securities Act § 11, for which neither negligence nor fraud is an element of liability, may be required to plead facts showing either fraud or negligence; and (3) whether the courts reverse the burden that Congress placed on certain defendants, of demonstrating due diligence as an affirmative defense, by requiring plaintiffs to plead facts rebutting it.

Certiorari stage documents:

CVSG Information:

  • Invited: October 4, 2010

United Rentals v. Angell

Docket: 09-1417
Issue(s): (1) Whether, to satisfy the elements of 11 U.S.C. § 547(b), a bankruptcy trustee must prove that allegedly preferential transfers diminished a bankruptcy debtor’s estate available for distribution to general unsecured creditors; (2) whether the contemporaneous release of contingent setoff rights or a contingent security interest in the property of the estate by a third party as a direct result of an alleged preferential transfer is a valid contemporaneous exchange for new value under 11 U.S.C. § 547(c)(1).

Certiorari stage documents:

Talisman Energy, Inc. v. Presbyterian Church of Sudan

Docket: 09-1418
Issue(s): (1) Whether, under the Alien Tort Statute, federal courts lack subject matter jurisdiction to impose liability on corporations for torts committed in violation of customary international law; (2) whether federal courts lack subject matter jurisdiction to apply ATS extraterritorially to claims for such torts arising entirely outside the United States; and (3) whether causes of action for violations of customary international law exist when (i) the claims are based on events arising solely outside the United States and had no effect on the United States, (ii) the claims are asserted against a foreign defendant not in the custody of the United States, and (iii) a country providing an adequate alternative forum has a close tie to the dispute.

Certiorari stage documents:

New York v. Williams

Docket: 09-1425
Issue(s): Whether the Double Jeopardy Clause prohibits a court from correcting a sentence that, as originally pronounced, lacked a required component or was otherwise illegally lenient.

Certiorari stage documents:

City of New York v. Green

Docket: 09-1426
Issue(s): (1) Whether Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 et seq., applies — or applies with the same level of disability accommodation as would normally be applied — to emergency medical responders who, under exigent circumstances, make a medically reasonable decision to transport a disabled person to the hospital without evaluating the person’s refusal of medical assistance; and (2) whether an “exigent circumstances” exception to the ADA, applicable in nonhospital emergency medical settings, would expose disabled patients to a significant risk of unwanted and paternalistic medical intervention.

Certiorari stage documents:

Kelly v. Winston

Docket: 09-1431
Issue(s): (1) Whether the Fourth Circuit denied the state court the deference mandated by 28 U.S.C. § 2254 by holding that the state court’s judgment was not an adjudication on the merits and thus not entitled to deference because the state court dismissed the claim without an evidentiary hearing, by confusing the application of §§ 2254(d) and (e)(1), by approving a hearing in federal court contrary to AEDPA, and by accepting, without finding cause and prejudice for the default, new evidence to support a claim of mental retardation which the state prisoner affirmatively had told the state court had been destroyed; and (2) whether the Fourth Circuit impermissibly enlarged the Sixth Amendment right to effective assistance of counsel by permitting consideration of evidence which did not exist at the time of counsel’s representation.

Certiorari stage documents:

Camreta v. Greene (Granted )

Docket: 09-1454
Issue(s): (1) Whether the traditional warrant/warrant exception requirements that apply to seizures of suspected criminals should apply to an interview of the child in light of reports of child abuse, or whether instead a balancing standard should apply; and (2) whether the Ninth Circuit’s constitutional ruling is reviewable, notwithstanding that it ruled in the petitioner’s favor on qualified immunity grounds.

Certiorari stage documents:

Rigas v. United States

Docket: 09-1456
Issue(s): 1) Whether the government suppresses evidence within the meaning of Brady v. Maryland, 373 U.S. 83 (1963), when it refuses to produce (a) notes from an interview with a witness who has exculpatory information, when the defendant knows only the role and identity of the witness but not to what facts the witness would testify; or (b) materials in the sole possession of another agency conducting a parallel investigation; and 2) whether, consistent with the civil “loss causation” principles announced in Dura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336 (2005), a court enhancing a criminal sentence based on the amount of resulting loss must disentangle contributing factors to determine the specific losses actually caused by the defendant's offense conduct.

Certiorari stage documents:

State of South Carolina v. Navy

Docket: 09-1459
Issue(s): Whether, if a suspect is read his Miranda rights mid-interrogation, the statements he makes after being read his rights are admissible.

Certiorari stage documents:

Alford v. Greene (Granted )

Docket: 09-1478
Issue(s): Whether the Fourth Amendment requires a warrant, a court order, parental consent, or exigent circumstances before law enforcement and child welfare officials may conduct a temporary seizure and interview at a public school of a child whom they reasonably suspect was being sexually abused.

Certiorari stage documents:

Missouri v. Brooks

Docket: 09-1492
Issue(s): Whether generic and nonresponsive exculpatory statements made by a suspect after he was read his Miranda rights constitute can be used to impeach an explanation subsequently offered at trial.

Certiorari stage documents:

Kleinman v. City of San Marcos

Docket: 09-1494
Issue(s): 1) Whether the First Amendment protects only "great works of art"; and 2) whether a city may wholly ban the public display of an entire category of art, leaving enclosed, private display as the only available option.

Certiorari stage documents:

United States v. Tinklenberg (Granted )

Docket: 09-1498
Issue(s): Whether the time between the filing of a pretrial motion and its disposition is automatically excluded from the deadline for commencing trial under the Speedy Trial Act of 1974, or is instead excluded only if the motion actually causes a postponement, or the expectation of a postponement, of the trial.

Certiorari stage documents:

Feesers v. Michael Foods

Docket: 09-1499
Issue(s): Whether, in order to support a finding of competitive injury under the Robinson-Patman Act, a plaintiff must also prove that the favored and disfavored purchasers bought the discriminatorily priced products at the exact same moment at which they or their customers competed to resell those products.

Certiorari stage documents:

Actavis, Inc. v. Demahy (Granted )

Docket: 09-1501
Issue(s): Whether the states are preempted under the Supremacy Clause of the Constitution from requiring additional safety information on a generic product label when the brand has not changed its label.

Certiorari stage documents:

United States v. Hagen

Docket: 09-1520
Issue(s): Whether a conviction for misdemeanor assault by intentionally and knowingly causing bodily injury to a family member qualifies as a conviction for a “misdemeanor crime of domestic violence.”

Certiorari stage documents:

Johnston v. Sternberg

Docket: 09-1525
Issue(s): Whether 11 U.S.C. § 362(k)(1) authorizes recovery of the attorneys’ fees incurred in prosecuting damages actions brought under the same statute.

Certiorari stage documents:

DePierre v. United States (Granted )

Docket: 09-1533
Issue(s): Whether the term “cocaine base” encompasses every form of cocaine that is classified chemically as a base, or whether the term “cocaine base” is limited to “crack” cocaine.

Certiorari stage documents:

Lee v. Astoria Generating Co.

Docket: 09-1567
Issue(s): 1) Whether the lower court misapplied Stewart v. Dutra Construction Co., 543 U.S. 481 (2005), to find that a floating power plant constituted a "vessel in navigation"; and 2) whether the lower court erred by finding that petitioner's proposed state-law tort claims were within the maritime jurisdiction and by dismissing said claims on the basis that they were preempted by Section 905(b) of the Longshore and Harborworker Compensation Act.

Certiorari stage documents:

Global-Tech Appliances, Inc. v. SEB S.A. (Granted )

Docket: 10-6
Issue(s): Whether the legal standard for the "state of mind" element of a claim for actively inducing infringement under 35 U.S.C. § 271(b) is “deliberate indifference of a known risk” that an infringement may occur or instead “purposeful, culpable expression and conduct” to encourage an infringement.

Certiorari stage documents:

Allen v. Lawhorn

Docket: 10-24
Issue(s): Whether a state court’s determination that trial counsel’s waiver of a penalty-phase closing argument did not prejudice the defendant is “contrary to” Supreme Court precedent.

Certiorari stage documents:

Maples v. Thomas (Granted )

Docket: 10-63
Issue(s): Whether the Eleventh Circuit properly held that there was no cause to excuse any procedural default where petitioner was blameless for the default, the state's own conduct contributed to the default, and petitioner's attorneys of record were no longer functioning as his agents at the time of any default.

Certiorari stage documents:

Weise v. Casper

Docket: 10-67
Issue(s): Whether First Amendment law prohibits government officials who are speaking at events that are open to the public and paid for by taxpayers from excluding people from the audience on the basis of their viewpoints.

Certiorari stage documents:

Goodyear v. Brown (Granted )

Docket: 10-76
Issue(s): Whether a foreign corporation is subject to general personal jurisdiction, on causes of action not arising out of or related to any contacts between it and the forum state, merely because other entities distribute in the forum state products placed in the stream of commerce by the defendant.

Certiorari stage documents:

Weiss v. Assicurazioni Generali, S.p.A.

Docket: 10-80
Issue(s): Whether state common-law claims are preempted by federal foreign policy interests in the absence of an executive agreement and when no other recourse would be available to the plaintiffs.

Certiorari stage documents:

Wilson v. Corcoran

Docket: 10-91
Issue(s): Whether a state capital defendant has a constitutional right to a sentencing decision that is not informed by facts that are neither elements of his crime or aggravated circumstances authorized by statute, and, if so, whether a federal court may grant habeas relief based on its own finding that the state trial court improperly considered non-statutory factors when imposing its sentence.

Certiorari stage documents:

Stern v. Marshall (Granted )

Docket: 10-179
Issue(s): (1) Whether the Ninth Circuit's interpretation of 28 U.S.C. § 157(b)(2)(C) contravenes congressional intent; (2) whether Congress may authorize core jurisdiction over debtors' compulsory counterclaims to proofs of claim; and (3) whether the Ninth Circuit contravened Supreme Court precedent and created a circuit split by holding that Congress cannot constitutionally authorize non-Article III bankruptcy judges to enter final judgment on all compulsory counterclaims to proofs of claim.

Certiorari stage documents:

Schindler Elevator Corp. v. US ex rel. Kirk (Granted )

Docket: 10-188
Issue(s): Whether a federal agency's response to a Freedom of Information Act request is a "report . . . or investigation" within the meaning of the False Claims Act public disclosure bar, 31 U.S.C. § 3730(e)(4).

Certiorari stage documents:

Gould v. Cayuga Indian Nation

Docket: 10-206
Issue(s): 1) Whether, on a matter that it believed the Supreme Court had not yet addressed, the New York Court of Appeals properly interpreted federal law in holding that two parcels of land purchased by a successor to the historic Cayuga Indian Nation in 2003 and 2005 were exempt from New York's cigarette sales and excise taxes after two hundred years of non-Indian ownership and governance; and 2) whether the New York Court of Appeals properly held both that (i) the Cayuga Indian Nation possessed a federal reservation pursuant to the 1794 Treaty of Canandaigua, notwithstanding that the Nation had ceded all of its land to New York State in 1789; and (ii) the United States did not subsequently disestablish any purported federal reservation.

Certiorari stage documents:

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DISCLOSURE: Akin Gump represents a party in each of the cases below; they are listed here without regard to their chances of being granted.

Apex Oil Company, Inc. v. United States

Note: Akin Gump represents the petitioner in this case.
Docket: 09-1023
Issue(s): In what circumstances a debtor's obligation to clean up pollution is a “claim” under the Bankruptcy Code.

Certiorari stage documents:

Worldwide Network Services v. DynCorp International

Note: Akin Gump represents the petitioners in this case.
Docket: 10-11
Issue(s): Whether evidence of overt intentional discrimination on the basis of race can support an inference that the discriminating party acted with malice or with reckless indifference to the victim’s federally protected rights.

Certiorari stage documents:

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