SCOTUSblog's list of petitions with a "reasonable" chance of being granted


Conference of 12/7

Name
Counsel of Record
Certiorari To
DN
Summary
Status
Powerex v. Reliant/
Powerex
v. Calif. ex rel. Lockyer
David Frederick
KHHTEF                               
CA9
05-85
(SG recommends a grant in 05-85, and that 05-584 be held pending 05-85)

05-85:  Whether an entity that is wholly and beneficially owned by a foreign state's instrumentality, and whose sole purpose is to perform international treaty and trade agreement obligations for the benefit of the foreign state's citizens, may nonetheless be denied status as an "organ of a foreign state" under the Foreign Sovereign Immunities Act of 1976, based on an analysis of sovereignty that ignores the circumstances surrounding the entity's creation, conduct, and operations on behalf of its government.  See the SG's invitation brief here.  Other filings in 05-85: Reliant's Brief in Support; Plaintiffs and Respondents in Opposition; Canada's amicus; British Columbia's amicus; Reply of Powerex; Supp. of Plaintiffs and Respondents.


Granted
CSFB v. Billing Stpehen Shapiro
Mayer Brown
CA2
05-1157

Whether an antitrust complaint predicated on alleged collusive activity in the securities markets must, in order to survive a motion to dismiss on grounds of implied antitrust immunity, set forth allegations sufficient to support a reasonably grounded expectation that the plaintiff's claims do not rest on collaborative activities that are either permitted under the securities laws or inextricably intertwined with such permissible activities.  See the SG's invitation brief hereThis case is featured in "Conference Call" on 12/4.

Granted
Lutkewitte v. Gonzales   Eric Schnapper
Univ. of Wash.               
CADC
06-28

Since an employer is strictly liable for sexual harassment by a supervisor if that harassment involved a "tangible employment action," whether that is defined as "a significant change in employment status" or "an official act" taken by a supervisor.

Denied
Montana Board of Investments v. Deutsche Bank                                   Christian Tweeten
Montana AG's office
N.Y. Ct. of App.
06-291

Whether a Montana state agency's sovereign immunity deprives the New York state courts of jurisdiction to hear a breach of contract case

Denied
Leegin Creative Leather Products v. PSKS Theodore Olson
Gibson Dunn
CA5
06-480

Whether vertical minimum resale price maintenance agreements should be deemed per se illegal under Section 1 of the Sherman Act.

Granted
Wachovia v. Eastman Kodak Peter Buscemi
Morgan Lewis
CA11
06-526

Whether the application of res judicata in a bankruptcy case is limited to issues whose resolution "explicitly becomes an essential part of the bankruptcy plan," or whether res judicata can be applied to preclude all claims, defenses, and issues arising from a common nucleus of facts that were or could have been asserted in a bankruptcy case.

Denied