Today’s Grants (including Cert. Filings)

The Court granted six cases in an Order List that be downloaded here. The cert. filings in all six cases are now available after the jump.

Docket: 06-923
Case name: MetLife v. Glenn
Issue: Whether an ERISA plan administrator that both evaluates and pays claims operates under a conflict of interest that must be weighed on judicial review of benefit determinations.

• Opinion below (Sixth Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Invitation brief of the United States (recommending grant)

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Docket: 06-1249
Case name: Wyeth v. Levine
Issue: Whether federal law preempts state torts claims imposing liability on drug labeling that the FDA had previously approved.

• Opinion below (Supreme Court of Vermont)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Amicus brief of the Pharmaceutical Research and Manufacturers of America (in support of the petitioner)
• Amicus brief of the Product Liability Advisory Council (in support of the petitioner)
• Invitation brief of the United States (recommending hold)

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Docket: 06-1505
Case name: Meacham v. Knolls Atomic Power Laboratory
Issue: Whether, under Smith v. City of Jackson (2005), an employee alleging disparate impact under the ADEA has the burden of persuasion in establishing “reasonable factors other than age.” (Disclosure: Howe & Russell represents the petitioner.)

• Opinion below (2nd Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Invitation brief of the United States (recommending grant)

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Docket: 06-1595
Case name: Crawford v. Metropolitan Government of Nashville
Issue: Whether and to what extent Title VII’s anti-retaliation provision protects employees from being fired for cooperating with an employer’s internal sexual harassment investigation.

• Opinion below (6th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief of the National Employment Lawyers Association (in support of the petition)
• Amicus brief of the Tennessee Education Association, et al. (in support of the petition)
• Amicus brief of the United States (in support the petition)

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Docket: 07-463
Case name: Summers, et al. v. Earth Island Institute, et al.
Issue: Whether a group of environmental organizations had established standing to contest a series of Forest Service regulations, and whether the challenge was ripe for review under the APA.

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply

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Docket: 07-562
Case name: Altria Group v. Good
Issue: Whether the Federal Cigarette Labeling and Advertising Act preempts state law deceptive practice claims in connection with the advertising of cigarettes as “light” or containing “lower tar and nicotine.”

• Opinion below (1st Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Amicus brief of the Chamber of Commerce (in support of the petitioner)
• Amicus brief of R.J. Reynolds Tobacco Company (in support of the petitioner)

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