This edition of "Petitions to watch" features cases up for consideration at the Justices' March 25 conference.  These are petitions raising issues that Tom has determined to 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.

Kaiser Eagle Mountain, Inc. v. National Parks & Conservation Ass’n

Note: Goldstein, Howe & Russell, P.C. serves as counsel to the petitioners in the following case, which is listed without regard to its likelihood of being granted.
Docket: 10-548
Issue(s): Does a court err by vacating an agency’s action and remanding for further administrative proceedings that will have no effect on the agency’s decision or serve any other substantive purpose?

Certiorari stage documents:

Council Tree Investors, Inc. v. Federal Communications Comm’n

Note: Goldstein, Howe & Russell, P.C. serves as counsel to the petitioners in the following case, which is listed without regard to its likelihood of being granted.
Docket: 10-834
Issue(s): Whether a reviewing court has the discretion under Section 706 of the Administrative Procedure Act to decline to set aside, or provide any remedy for, unlawful agency action?

Certiorari stage documents:

Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S (Granted )

Docket: 10-844
Issue(s): Whether the counterclaim provision of the Hatch-Waxman Act applies when (1) there is an approved method of using the drug that the patent does not claim, and (2) the brand submits patent information to the FDA that misstates the patent's scope, requiring correct[ion].

Certiorari stage documents:

CVSG Information:

Florence v. Board of Chosen Freeholders of the County of Burlington (Granted )

Note: Goldstein & Russell, P.C. serves as counsel to the petitioner this case.
Docket: 10-945
Issue(s): Whether the Fourth Amendment permits a jail to conduct a suspicionless strip search whenever an individual is arrested, including for minor offenses.

Certiorari stage documents:

Davis v. Humphrey

Docket: 10-949
Issue(s): Whether the court of appeals has jurisdiction under 28 U.S.C. §§ 1291 and 2253 to review a district court's final order on a habeas petition that was transferred to the district court from the Supreme Court.

Certiorari stage documents:

Davis v. Humphrey

Docket: 10-950
Issue(s): 1) Whether Sawyer v. Whitley (1992), supplies the appropriate burden of proof for a claim that the execution of an innocent person violates the Eighth Amendment; 2) whether, in the context of an actual innocence proceeding, the district court gave proper consideration to evidence that the alternative suspect confessed in accordance with House v. Bell (2006), and Schlup v. Delo (1995); 3) whether, through witness testimony, the petitioner established his innocence to the requisite degree to render his execution unconstitutional under the Eighth Amendment; and 4) whether the court of appeals has jurisdiction under 28 U.S.C. §§ 1291 and 2253 to review the district court's final order in the first instance?

Certiorari stage documents:

The following petitions have been re-listed for the conference of March 25.  If any other paid petitions are re-distributed for this conference, we will add them below as soon as their re-distribution is noted on the docket.

Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (Granted )

Note: Goldstein & Russell represent The NAACP Legal Defense Fund et al. as amici curiae in support of respondent.
Docket: 10-553
Issue(s): Whether the ministerial exception, which prohibits most employment-related lawsuits against religious organizations by employees performing religious functions, applies to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.

Certiorari stage documents:

Kiyemba v. Obama

Docket: 10-775
Issue(s): Whether a judicial officer of the United States, having jurisdiction of the habeas corpus petition of an alien transported by the executive to, and held at, an offshore prison, has any judicial power to direct the prisoner's release.

Certiorari stage documents:

Posted in Cases in the Pipeline, Featured

Recommended Citation: Christa Culver, Petitions to watch | Conference of 03.25.11, SCOTUSblog (Mar. 24, 2011, 2:53 PM), http://www.scotusblog.com/2011/03/petitions-to-watch-conference-of-03-25-11/