I’ve been wondering when the Court was going to meet to decide what to do with the petitions it has been holding for the opinions released Thursday, and for those that will be handed down Monday. Well, now we know. On Monday, June 27, the Justices of the Supreme Court will take the bench for the last time during October Term 2010 and announce the remaining five decisions in argued cases. After they leave the bench, they will reconvene at a hastily scheduled Conference to decide the fate of the following twenty-seven petitions, which comprise twenty-five holds and two one-time relists.Â
Beer v. United States, 09-1395 (held since 12/3/10, probably for Wal-Mart)
Turner v. United States, 09-10231 (held since 10/8/10 for Bullcoming)
Goins v. United States, 09-10246 (held since 9/27/10 for Freeman)
Smith v. Florida, 09-10755 (held since 10/8/10, probably for Bullcoming)
Reinauer Transportation Companies, LLC v. Brown, 10-56 (held since 11/23/10, probably for CSX)
Consolidated Rail Corporation v. Battaglia, 10-75 (held since 11/23/10, probably for CSX)
Rivera-Martinez v. United States, 10-113 (held since 10/29/10 for Freeman)
Dow Chemical Canada ULC v. Fandino, 10-250 (held since 1/14/11 for Nicastro/Brown)
Roberts v. Kauffman Racing Equipment, L.L.C., 10-617 (held since 1/21/11, probably for Nicastro/Brown)
Green Party of Connecticut v. Lenge, 10-795 (held since 3/5/11, probably for Arizona Free Enterprise v. Bennett)
Grand Trunk Western Railroad, Inc. v. Shepard, 10-925 (held since 5/19/11 for CSX)
Clemens v. McNamee, 10-966Â (held since 5/12/11 for Nicastro/Brown)
IMS Health, Inc. v. Schneider, 10-984 (held since 5/12/11 for Sorrell) [Disclosure: Goldstein, Howe & Russell, the sponsor of this blog, represents the petitioners in this case.]
Pirelli Pneus LTDA v. Gunn, 10-1004 (held since 4/15/11 for Nicastro/Brown)
Ducasse v. Maine, 10-1012 (held since 4/29/11 for Nicastro/Brown)
Abbyy Production, LLC v. Nuance Communications, Inc., 10-1019. Relisted after 6/23/11 Conference; involves service of process under a U.S.-Russia treaty and the question whether a Russian software developer’s act of electronically shipping a master copy of software to a nonexclusive licensee in California is an act of importation under 35 U.S.C. § 271 upon which a federal court may assert personal jurisdiction over the Russian developer consistent with due process. There is some chance this case will be GVR’d in light of Nicastro/Brown.
Sackett v. EPA, 10-1062. Relisted after 6/23/11 Conference; presents the question whether there is a right to judicial review of an Administrative Compliance Order issued without hearing or any proof of violation under Section 309(a)(3) of the Clean Water Act.
Cavazos v. Smith, 10-1115 (relisted seven times; possible summary reversal or opinion respecting denial of cert.)
Barba v. California, 10-5479 (held since 1/7/11, probably for Bullcoming)
Carrigan v. United States, 10-6258 (held since 11/12/10, probably for Freeman)
Dilboy v. New Hampshire, 10-6278 (held since 1/7/11 for Bullcoming]
Aguilar v. Virginia, 10-6865 (held since 2/25/11, probably for Bullcoming)
Cepeda v. United States, 10-7139 (held since 1/14/11, probably for Freeman)
Mitchell v. Maine, 10-7405 (held since 2/18/11, probably for Bullcoming)
Sylvester v. United States, 10-7565 (held since 1/14/11 for Freeman)
Williams v. United States, 10-8337 (held since 4/15/11 for Freeman)
Williams v. Illinois, 10-8505 (held since 5/26/11 for Bullcoming)
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