Editor's Note :

Editor's Note :

There is a possibility of opinions on Tuesday.
On Tuesday the court hears oral argument in Life Technologies Corporation v. Promega Corporation. John Duffy has our preview.

NIBCO, Inc. v. Rivera

Petition for certiorari denied on January 10, 2010
Docket No. Op. Below Argument Opinion Vote Author Term
10-383 9th Cir. N/A N/A N/A N/A OT 2009

Issue: (1) Whether a court of appeals must conduct a comparative juror analysis when reviewing a claim under Batson v. Kentucky, even though the comparative analysis was neither raised before nor considered by the trial court below; and (2) whether a court of appeals that identifies a suspected Batson problem based on a comparative juror analysis never considered by the trial court can vitiate a trial without remanding to allow the trial court to consider the new arguments and evidence in the first instance.

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