Next Term
on Jun 3, 2005 at 7:30 am
The Court has thus far granted 24 cases to be argued next Term, leaving 8 to fill the December calendar before the summer recess. Including yesterday’s conference (from which orders will be released on Monday), the Justices have four conferences to select those 8 cases (although they could – and I think will – select more).
I view five grants as highly likely:
04-1315, Long Island Care at Home v. Coke – regarding home health care workers and FLSA (at least the views of the Solicitor General will be solicited)
04-989, Horton v. Bank One (and/or a case presenting the same question from the Fourth Circuit, No. 04-1186) – regarding diversity jurisdiction and national banks
04-1148, Rodriguez v. United States – regarding the application of plain error review to Booker claims
04-814, Shell Oil v. Dagher (consolidated with 04-805) – regarding the application of the antitrust laws to joint ventures
04-1264, Buckeye Check Cashing, Inc. v. Cardegna – an arbitration case involving the claim that a contract containing an arbitration clause is invalid
Another group of cases has a very good chance of being granted:
04-1332, Will v. Hallock – regarding the FTCA’s res judicata provision
04-1329, Illinois Tool v. Independent Ink – regarding antitrust law and tying arrangements
04-1360, Hudson v. Michigan – regarding the knock and announce rule
03-1559, Bank of China v. NBM – regarding RICO and a “reasonable reliance” requirement
04-165, Comstock Resources v. Kennard – regarding the False Claims Act “original source” requirement
04-1196, Kelley v. Crosby – a capital case involving Brady v. Maryland [Disclosure: Goldstein & Howe filed an amicus brief in support of cert.]
04-1131, Whitman v. DOT (and/or a similar case, 04-1276) – regarding federal courts’ jurisdiction over claims by federal employees [Disclosure: Goldstein & Howe represents the petitioner]
Other cases will get serious consideration as well. I am listing them during the week of each Conference. But I expect that the cases listed above will be the ones that largely fill out the December argument calendar.
