Petitions to Watch | Conference of 11.9.07

The latest edition of “Petitions to Watch,” featuring cases up for consideration at the Justices’ private conference of November 9, is now available. Going forward, we will post the list on the blog itself, rather than in a separate document. For each case, you can find links to the Court’s electronic docket, the opinions below, and all available certiorari-stage filings. As always, the list reflects the petitions on the Court’s ‘paid’ docket that Tom has deemed to have a reasonable chance of being granted.

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Conference of November 9, 2007

Docket: 06-1717
Name: Richlin Security Service Company v. Chertoff
Issue: Whether prevailing parties under the Equal Access to Justice Act should be compensated for the market rate of paralegal services or only for the cost of such services to the attorney. (Disclosure: Howe & Russell filed an amicus brief in support of the petitioner.)

• Opinion below (Federal Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Amicus brief of the National Association of Legal Assistants (in support of petitioner)

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Docket: 07-12
Name: Tejeda v. United States
Issue: Whether a presumption of prejudice for improper jury contact should apply to a throat-slitting gesture made by the defendant’s grandfather to members of the jury.

• Opinion below (First Circuit)
• Petition for certiorari
• Brief in opposition

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Docket: 07-81
Name: Exxon Mobil v. Doe
Issue: Whether the collateral order doctrine permits an immediate appeal of a denial of a motion to dismiss on political question grounds, where the State Department has expressed concern the litigation could adversely impact U.S. interests abroad.

• Opinion below (D.C. Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply

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Docket: 07-107
Name: National Collegiate Athletic Association v. Cohane
Issue: Whether a college basketball coach’s allegations were sufficient to potentially hold the NCAA liable under 42 U.S.C. 1983, for conspiring with a public university to deprive him of due process in forcing him to resign over alleged rules violations. (Disclosure: Howe & Russell represents the respondent.)

• Opinion below (Second Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Amicus brief of the American Council on Education (in support of petitioner)
• Amicus brief of the National Federation of State High School Associations (in support of petitioner)

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Docket: 07-290
Name: District of Columbia v. Heller
Issue: Whether the District of Columbia’s hand gun law violates the Second Amendment. (Disclosure: Akin Gump represents the petitioner.)

• Opinion below (D.C. Circuit)
• Petition for certiorari
• Brief in response
• Petitioner’s reply
• Amicus brief of the American Academy of Pediatrics (in support of petitioner)
• Amicus brief of New York, Hawaii, Illinois, and Maryland (in support of petitioner)
• Amicus brief of the American Civil Rights Union (in support of respondent)

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Docket: 07-331
Name: Sun Life Assurance Company of Canada v. White
Issue: Whether an ERISA plan may contain a “proof of claim accrual” clause, starting the limitations period when the participant’s proof of claim is due, or whether the statute of limitations on an ERISA cause of action cannot begin to run until a benefits claims has been formally denied.

• Opinion below (Fourth Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Amicus brief of the American Council of Life Insurers (in support of petitioner)

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