New CVSG Briefs Filed
on May 18, 2006 at 5:32 pm
Following its usual practice of filing CVSG briefs in mid-May so that the Court can consider the cases before its summer recess, the Solicitor General has in the last week filed four invitation briefs, all of which have recommended that cert. be denied (and all of which are now available on the OSG website). The briefs were filed in:
No. 05-107, Davis v. International Union, UAW (jurisdiction over remand order and preemption by Labor-Management Reporting and Disclosure Act);
No. 05-273, FTC v. Schering-Plough Corp. (antitrust laws and agreements between brand-name drug patent holder and generic competitor);
No. 05-331, Air Conditioning and Refrigeration Institute v. Energy Resources Conservation and Development Commission (preemption of California laws imposing requirements on appliance manufacturers); and
No. 05-431, Burke v. Wachovia Bank (National Bank Act preemption).
The invitation brief in No. 05-273, FTC v. Schering-Plough, is particularly interesting insofar as the OSG and other attorneys from the Department of Justice recommend that cert. be denied in a case in which the FTC is the petitioner, and detail the reasoning underlying their recommendation at some length.
Many thanks to Roy Englert at Robbins Russell for alerting us to the new briefs.
