| Name |
Counsel
of Record |
Certiorari To |
DN |
Summary of QP |
Status |
| Padot
v. Padot |
David Bederman Emory University |
Dist. Ct. of
App. of Fla., 2nd Dist. |
05-1076 |
Whether the Uniformed Services Former Spouses' Protection Act authorizes the division of retirement pay but not the portion of retirement pay waived in favor of disability benefits. |
Denied |
| Palakovich
v. Thomas |
Ronald Eisenberg Phila. DA's office |
CA3 |
130 |
Whether, where counsel's action at trial
is objectively
reasonable, the conviction may nonetheless be reversed on the ground
that
counsel's subjective thought process is found deficient. [Note:
This case was previously known as "Varner
v. Thomas."] |
Denied |
| Gilmore
v. Gonzales |
Tom Goldstein Akin Gump |
CA9 |
211 | Whether the government may keep secret a directive that is generally applicable to millions of passengers every day notwithstanding that it (i) has acknowledged both the directive's existence and its contents, and moreover (ii) has identified no special circumstance that nonetheless justifies secrecy. [Note: Akin Gump represents the petitioner; more cert. document at this post. This case was featured in Legal Times on 1/1/07] | Denied |
| Rahmani
v. U.S. |
Stephen Berzon Altshuler, Berzon |
CA9 |
241 |
Whether the Government may prosecute an individual for donating money to or soliciting donations for an organization designated as a "foreign terrorist organization" while prohibiting the defendant from demonstrating that the organization was improperly designated a "foreign terrorist organization" under the governing statute and that said donation or solicitation was therefore protected by the First Amendment. [Note: Howe & Russell filed as amicus supporting petitioner; further cert. filings here.] | Denied |
| Goodin v. US Postal Inspec. Serv. | Amy Howe Howe & Russell |
CA8 |
260 |
Whether the Contract Disputes Act of 1978 impliedly repeals the independent grant of jurisdiction in statutes providing that governmental entities may sue or be sued in federal district court. [Note: Both Akin Gump and Howe & Russell represent the petitioner; BIO here.] |
Denied |
| S.C. Bd. Of Dentistry v. FTC | Kenneth
P. Woodington II Davidson, Morrison, & Lindemann |
CA4 |
274 |
Whether an order denying "state action" antitrust immunity asserted by a state agency under Parker v. Brown is immediately appealable under the collateral order doctrine. |
Denied |
| BCI Coca-Cola v. EEOC | Eric Presnell Miller & Martin |
CA10 | 341 |
Under what circumstances an employer is
liable under
federal anti-discrimination laws based on a subordinate's
discriminatory
animus, where the person(s) who actually made the adverse employment
decision
admittedly harbored no discriminatory motive toward the impacted
employee. [BIO here] |
Granted |
| Mineral County, Mont. v. Ecology Center | Michael Haglund Haglund, Kelley |
CA9 |
344 |
What is the standard of review under the
Administrative
Procedure Act in evaluating whether the Forest Service had complied
with the
National Environmental Policy Act of 1969 and the National Forest
Management
Act of 1976. [Note: the link is to the government's response; petition
coming soon] |
Denied |
| Uttecht v. Brown | John Samson Wash. AG's office |
CA9 |
413 |
Whether the Ninth Circuit erred by not deferring to the trial judge's observations and by not applying the statutory presumption of correctness in ruling that a state court decision to remove a juror was contrary to clearly established federal law. |
Granted |
| TSSAA v. Brentwood | Maureen Mahoney Latham & Watkins |
CA6 |
427 |
Whether the Sixth Circuit correctly held
that a secondary
school athletic association violated the First Amendment and Due
Process rights
of a high school when it imposed contractual penalties for violations
of the
recruiting rule that said high school agreed to follow. [BIO here;
reply here.
Thanks to the team at Latham, including Scott Ballenger and Alexander
Maltas, for supplying the documents]. |
Granted |
| Rowe v. N.H. Motor Trans. Assoc. | Paul Stern Maine AG's office |
CA1 |
457 |
Whether the Federal Aviation Administration Authorization Act of 1994 preempts states from exercising their historic public health police powers to regulate carriers that deliver contraband such as tobacco and other dangerous substances to children. |
CVSG |
| Blue Cross
Blue Shield of |
David Frederick KHHTEF |
CA11 |
475 |
Whether, considering the federal rules of
procedure, a
district court may decline to give any weight to reliance on the normal
time
for delivery of mail and instead place the risk of late delivery by the
postal
service entirely on the mailer. |
Denied |
| Tellabs v. Makor Issues & Rights | Carter Phillips Sidley Austin |
CA7 |
484 |
Whether, and to what extent, a court must consider or weigh competing inferences in determining whether a complaint asserting a claim of securities fraud has alleged facts sufficient to establish a "strong inference" that the defendant acted with scienter, as required under the Private Securities Litigation Reform Act of 1995. [BIO here; reply here. Thanks to Kevin Pecoraro at Sidley for supplying the documents]. |
Granted |
| Struhs v. Wyner | Barbara Taggert Williams, Leinenger, & Cosby |
CA11 |
531 |
Whether the 11th Circuit is correct in
holding that a
preliminary injunction is relief on the merits, or whether a
preliminary
injunction is not a ruling on the merits and thus cannot be the basis
for
prevailing party status. [Note: petition coming soon] |
Granted |
| EPA v. Defenders of Wildlife | Paul Clement Solicitor General |
CA9 |
549 |
Whether the Endangered Species Act of 1973, which requires each federal agency to insure that its actions do not jeopardize the continued existence of a listed species or modify its critical habitat, overrides statutory mandates or constraints placed on an agency's discretion by other Acts of Congress. |
Granted |
| Long Island Care at Home v. Coke | H. Bartow Farr III Farr & Taranto |
CA2 |
593 |
Whether the Second Circuit erred in
refusing to give Chevron deference to a
thirty-year-old
Department of Labor regulation that has twice been upheld by the Tenth
Circuit
on the ground that, even though it was promulgated under express grants
of
legislative authority and after full notice-and-comment rulemaking, the
regulation was contained in a subpart headed "Interpretations." [Note:
petition coming soon.] |
Granted |
| Altadis v. Sea Star Line | David Frederick KHHTEF |
CA11 |
606 |
Whether the Carmack Amendment applies to the inland leg of a multimodal shipment to a place in the United States from a place in a territory of the United States even if the inland carrier does not issue a separate bill of lading for the inland leg. |
Granted |
| Lance v. Dennis* | Brett Lilly Doyle, Zakhem |
D.Col. |
641 |
Whether the district court correctly
dismissed Apellants'
Elections Clause claim, where Appellants lack standing to bring this
claim and
the claim is barred under Colorado law of issue preclusion. [Note: this
is a jurisdictional statement on direct appeal; motion to affirm here.] |
Relisted |