During the October 2007 Term, the Tarlton Law Library is monitoring cases pending before the Supreme Court. Below is an archive of the opinions issued and the certiorari petitions granted during this Term. This archive does not include summary dispositions of certiorari petitions or orders issued on pending cases.
Gonzalez v. United States
Justice Kennedy wrote the opinion which held that express consent by counsel suffices to permit a magistrate judge to preside over jury selection in a felony trial, pursuant to the Federal Magistrates Act, 28 U. S. C. §636(b)(3).
Virginia v. Moore
In an opinion authored by Justice Scalia (Ginsburg wrote a concurring opinion), the Court held that a police officer did not violate the Fourth Amendment by making an arrest based on probable cause but prohibited by state law.
Crawford v. Marion County Election Board
In a 5-4 opinion authored by Justice Stevens, the Court held that it is not unconstitutional to require photo identification as an election procedure.
Begay v. U.S.
The Court announced in a 6-3 opinion authored by Justice Breyer that drunk driving is not a violent felony under the Armed Career Criminal Act.
Burgess v. U.S.
Justice Ginsburg wrote the unanimous opinion that held a drug offense punishable by one year in prison is considered a felony, even if the state statute classifies it as a misdemeanor, for the purposes of Controlled Substances Act.
Baze v. Rees
In this death penalty case, the Chief Justice delivered the 7-2 opinion in which the plurality adopted a "substantial risk of serious harm" test for determining whether an execution method was acceptable.
Meadwestvaco Corp. v. Illinois Dept. of Revenue
Justice Alito penned the unanimous opinion that overturned the lower court decision. The Supreme Court held that Illinois could not tax part of the company's capital gains garnered when the company sold its interest in Lexis/Nexis. The Court examined how the lower court analyzed the "unitary business" requirement for taxation.
U.S. v. Clintwood Elkhorn Mining Co.
Chief Justice Roberts wrote the unanimous opinion the held taxpayers seeking a tax refund in federal court must first exhaust IRC's administrative refund claim procedure.
New Jersey v. Delaware
Justice Ginsburg authored the opinion which held that New Jersey and Delaware have joint authority over construction projects on the Delaware River.
Medellin v. Texas
Chief Justice Roberts wrote the 7-2 opinion for the Court, which found that the President does not have the authority to order courts to disregard state criminal procedure in favor of rulings of the World Court.
Hall Street v. Mattel
The Court found in an opinion by Justice Souter that parties may not contract to broader judicial review of arbitration agreements than the FAA allows.
Snyder v. Louisiana
Justice Alito wrote the 7-2 opinion that held the trial judge in this murder case wrongly rejected a challenge to the denial of a seat to a juror on prejudicial grounds.
Washington State Grange v. Washington State Republican Party
Justice Thomas authored the 7-2 opinion, which held that Washington may continue to use an open primary system.
Warner-Lambert v. Kent
The court split 4-4 (Chief Justice Roberts recused himself) in this product liability case which allows the 2nd Circuit ruling to stand. The lower court allowed a class claiming injury from a diabetic drug to charge the FDA with fraud for approving the drug.
Boulware v. U.S.
In an opinion authored by Justice Souter, the Court unanimously held that an individual accused of criminal tax evasion may argue that money distributed from a corporation was a return-on-capital.
Federal Express v. Holowecki
In a 7-2 opinion authored by Justice Kennedy, the Court held that a worker must provide more than bare allegations to start an age discrimination case before the EEOC.
Sprint/United Management Co. v. Mendelsohn
In an opinion written by Justice Thomas, a unanimous Court found that the 10th Circuit erred in its treatment of workers' testimony in an ADEA case. The Court held that Circuit Court misinterpreted the lower court's treatment of a rule and failed to remand the case to have the lower court clarify its position.
Danforth v. Minnesota
In a 7-2 opinion authored by Justice Stevens, the Court stated Supreme Court decisions that extend criminal procedure rules may be applied retroactively to benefit prisoners. The decision was sent back to Minnesota.
LaRue v. DeWolff, Boberg and Associates, Inc.
Justice Stevens wrote the majority opinion which found that employees may sue employers for losses in 401(k) retirement accounts.
Riegel v. Medtronic
In an 8-1 opinion by Justice Scalia, the Court held that state product liability laws are preempted by federal law for devices that have gone through the FDA’s pre-market approval process.
Preston v. Ferrer
Justice Scalia authored this opinion, in which the Court held 8-1 that the Federal Arbitration Act supersedes California state law and governed the arbitration dispute in the instant case.
Rowe v. New Hampshire Motor Transport Assn.
In an opinion authored by Justice Breyer, the Court found that federal law preempted state laws requiring shippers of tobacco to guarantee the product was not being delivered to minors.
Ali v. Federal Bureau of Prisons
In a 5-4 opinion written by Justice Thomas, the Court held that federal guards were immune from suit under the Federal Tort Claims Act.
Knight v. CIR
In an unanimous opinion authored by Chief Justice Roberts, the Court upheld the 2nd Circuit’s decision that investment advisory fees paid by a trust are treated with the same limitations that apply to an individual’s itemized deductions on federal tax returns.
New York Board of Elections v. Lopez Torres
In an opinion delivered by Justice Scalia, the Court upheld New York’s state judge election procedure finding that it did not violate the First Amendment.
Stoneridge v. Scientific-Atlanta
In a 5-3 decision authored by Justice Kennedy, the Court found that investors cannot bring private lawsuits against third-parties in corporate fraud cases.
John R. Sand and Gravel Co. v. U.S
The Court ruled in a 7-2 opinion by Justice Breyer that the court must consider whether a lawsuit was filed in a timely manner, even when the Government has waived the issue.
Gall v. U.S.
Justice Stevens authored the 7-2 opinion which overruled the 8th Circuit’s ruling that the trial judge had not supplied enough justification for departing from the guidelines when the trial judge sentenced Gall to probation for selling Ecstasy while he was in college.
Watson v. U.S.
The court unanimously held that a defendant who traded a gun for drugs did not “use” the gun under 18 U.S.C. 924(c)(1)(A), and is therefore not required to serve a 5-year prison sentence for those who use a firearm in conjunction with drug trafficking.
Kimbrough v. U.S.
The court ruled in a 7-2 opinion by Justice Ginsburg that federal judges can set sentences for crack cocaine offense below the federal guideline’s ranges.
CSX v. Ga. State Bd. Of Equalization
Chief Justice Roberts authored the opinion in which the Court held that under the Railroad Revitalization and Regulatory Reform Act a railroad can try to show that state methods for valuating railroad property result in an unfair determination of market value of the property.
Logan v. United States
In an opinion authored by Justice Ginsburg, the court held that sentence enhancement guidelines found in the Armed Career Criminal Act do apply to offenders who have retained their civil rights.
Bell v. Kelly, 2008 WL 59946 (4th Cir. 2006)
This is a capital case involving an assertion of ineffective assistance of counsel at sentencing. The Court will consider whether 28 U.S.C 2254, the federal habeas provision governing claims adjudicated on the merits in state court, should be applied to claims based on evidence of ineffective assistance of counsel the state court refused to consider.Chambers v. U.S., 473 F.3d 724 (7th Cir. 2007)
The Court will determine whether a conviction for escape when one fails to report to prison can qualify for enhanced sentencing under the Armed Career Criminal Act.
Full question presentedU.S. v. Eurodif and USEC v. Eurodif, 506 F.3d 1051 (Fed. Cir. 2007)
In these cases consolidated for hearing, the Court will review the federal government’s power to charge “anti-dumping” fees on imports made from U.S. raw materials and then returned to the U.S. at a low price.
Full question presented
Full question presentedEntergy Corp. v. EPA
PSEG Fossil v. Riverkeeper
Utility Water Act Group v. Riverkeeper, 475 F.3d 83 (2007)
(consolidated for hearing)
The Court has limited the question to: “Whether 316(b) of the Clean Water Act, 33 U.S.C. 1326(b), authorizes the Environmental Protection Agency (EPA) to compare costs with benefits in determining the ‘best technology’ available for minimizing adverse environmental pact’ at cooling water intake structures.”
Full question presented
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Full question presentedVan De Kamp, et al., v. Goldstein, 481 F.3d 1170 (9th Cir. 2007)
In this case the Court will examine prosecutorial immunity and whether the top ranks of the prosecutors’ office are liable for not ensuring that the prosecutors share evidence favorable to the defense with defense attorneys per Brady v. Maryland and Giglio v. U.S.
Full question presentedPleasant Grove City v. Summum, 483 F.3d 1044 (10th Cir. 2007)
This case involves the display of religious items in public places. In this instant case, the religious sect Summum wants to place a monument of its tenets in a city park alongside other monuments, including the Ten Commandments.
Full question presentedPearson v. Callahan, 494 F.3d 891 (10th Cir. 2007)
The Court will address whether a warrantless search may be conducted by police officers if a police informant is in a home and sees evidence of a crime being committed. The court asked that the parties, in addition to the questions presented, brief and prepare to argue the following question: "Whether the decision in Saucier v. Katz...should be overruled?"
Full question presentedU.S. v. Hayes, 482 F.3d 749 (4th Cir. 2007)
In this domestic violence case, the Court will examine whether the offender and the victim must have a relationship to qualify as a domestic violence crime under federal law and thus subject the offender to restrictions for possessing firearms.
Full question presentedJimenez v. Quarterman,
The Court will determine whether the 5th Circuit was correct in allowing an inmate to seek a filing extension for his habeas action after the inmate had been denied state court review.
Full question presentedNegusie v. Mukasey, 231 Fed.Appx. 325 (5th Cir. 2007)
In this asylum case, the Court will determine whether a man forced into the military in his home country can be denied asylum because of his military participation.
Full question presentedVaden v. Discover Bank, 489 F.3d 594 (4th Cir. 2007)
This case asks whether a state law based arbitration agreement is within the jurisdiction of the federal court.
Full question presentedWaddington v. Sarausad, 503 F.3d 822 (9th Cir. 2007)
The Court will determine whether a murder conviction may be reinstated when the federal court overturned the conviction because of the jury instructions given by the state court.
Full question presentedOregon v. Ice, 170 P.3d 1049 (Or. 2007)
The Court will examine whether it is unconstitutional for a judge to hand down consecutive sentences on the facts of the case if the judge, and not the jury, was the finder of fact.
Full question presentedBartlett v. Strickland, 649 S.E. 364 (N.C. 2007)
This case addresses whether a legislative district line may be redrawn to aide a minority group within in the district elect their candidate of choice.
Full question presentedMelendez-Diaz v. Massachusetts, 870 N.E.2d 676 (Mass. App. Ct. 2007)
The Court will address a confrontation clause question: Can a crime lab report be offered as evidence instead of the testimony of the person who prepared the report.
Full question presentedFCC v. Fox Television Stations, 489 F.3d 444 (2nd Cir. 2007)
The Court will examine an indecency law and the FCC's power to ban the use of a single vulgar word in broadcast.
Full question presentedChrones v. Pulido, 487 F.3d 669 (9th Cir. 2007)
The Court will examine whether erroneous jury instructions may be considered a structural error in a federal habeas action and thus require a reversal.
Full question presentedArizona v. Gant, 162 P.3d 640 (Ariz. 2007)
The Court will examine the scope of warrantless vehicle searches incident to arrest.
Full question presentedCarcieri v. Kempthorne, 497 F.3d 15 (1st Cir. 2007)
The Court will examine whether the Department of the Interior can place land in trust for Indian tribes recognized as tribes after the 1934 Indian Reorganization Act.
Full question presentedKennedy v. Plan Administrator for Dupont Savings and Investment Plan, 497 F.3d 426 (5th Cir. 2007)
This case examines a no-alienation clause in an ERISA plan when there is a divorce and no QDRO.
Full question presentedLocke v. Karass, 498 F.3d 49 (1st Cir. 2007)
The Court will examine whether non-union members are responsible for contributing to the national union’s expenses.
Full question presented14 Penn Plaza LLC v. Pyett, 498 F.3d 88 (2nd Cir. 2007)
This case will examine whether an arbitration clause in a collective bargaining agreement is enforceable.
Full question presentedHerring v. United States, 492 F.3d 1212 (11th Cir. 2007)
The Court will examine the scope of the “exclusionary rule.”
Full question presentedMetLife v. Glenn, 461 F.3d 660 (6th Cir. 2006)
The Court will determine whether insurance companies have a conflict of interest when the administer employee disability plans and pay benefits under the same plan.
Full question presentedWyeth v. Levine, 2006 WL 3041078 (Vt. 2006)
The Court will examine whether the FDA regulations for drug labels are adequate.
Full question presentedMeacham v. Knolls Atomic Power Laboratory, 461 F.3d 134 (2nd Cir. 2006)
In this age discrimination case, the Court will examine whether the rating scale used violated the Age Discrimination in Employment Act.
Full question presentedCrawford v. Metropolitan Government of Nashville, 211 Fed. Appx. 373 (6th Cir. 2006)
The Court will determine whether employees are protected from retaliation if the employee participates in an internal discrimination investigation.
Full question presentedSummers v. Earth Island Institute, 490 F.3d 687 (9th Cir. 2007)
At issue in this case is whether one can sue to strike down a Forest Service regulation or if one is limited to suing programs created under the regulation.
Full question presentedAltria Group v. Good, 501 F.3d 29 (1st Cir. 2007)
The Supreme Court agreed to determine whether state consumer fraud laws may be used to sue cigarette companies for advertising that light cigarettes were better for consumers.
Full question presentedDavis v. FEC (being heard on direct appeal)
The Supreme Court will examine the “millionaire’s amendment” of the McCain-Feingold campaign finance law. The court will determine standing and jurisdiction when it hears the case.
Full question presentedGiles v. California, 152 P.3d 433 (Cal. 2007)
The Court will review whether the Confrontation Clause allows hearsay testimony of a witness who is unavailable for trial because the witness was killed by the defendant.
Full question presentedEnquist v. Oregon Dept. of Agriculture, 478 F.3d 985 (9th Cir. 2007)
In this case, the Court will examine whether the “class of one” theory applies to employees discriminated against by public employers.
Full question presentedTaylor v. Sturgell, 490 F.3d 965 (D.C. Cir. 2007)
The Justices will determine whether a petitioner may pursue a claim if a similar claim was pursued in court by someone with similar interests.
Full question presentedSprint Communications v. APCC Services, 489 F.3d 1149 (D.C. Cir. 2007)
This case concerns standing: The Court will determine whether a plaintiff who assigned to pursue a case but will gain nothing from the case has standing to sue.
Full question presentedPlains Commerce Bank v. Long Family Land & Cattle, 491 F.3d 878 (8th Cir. 2007)
The Justices will examine whether tribal courts have jurisdiction over a case involving a business owned by the tribe and a bank not owned by the tribe but owning land on the reservation.
Full question presentedKennedy v. Louisiana, 957 S.2d 757 (La. 2007)
The Court will determine whether the 8th Amendment was violated when the death sentence was imposed on the defendant despite the victim not having died.
Full question presentedGreenlaw v. United States, 481 F.3d 601 (8th Cir. 2007)
The Justices will decide whether federal judges can lengthen the sentence of a defendant if the government has not requested such an action on appeal.
Full question presentedBridge v. Phoenix Bond & Indemnity, 477 F.3d 928 (7th Cir. 2007)
The Court will examine whether a victim of mail fraud must prove that he or she relied on information provided by the defendant to prevail in a RICO action.
Full question presentedIrizarry v. United States, 458 F.3d 1208 (11th Cir. 2006)
The Court will examine whether judges must give both sides notice in a case when the judge decides to deviate from the Federal Sentencing Guidelines.
Full question presentedHuber v. Wal-Mart Stores, Inc., 493 F.3d 1002 (8th Cir. 2007)
The Court will limit its review to whether a disabled employee who was transferred to an equivalent position can be forced to compete with other employees for the new job.
Full question presentedU.S. v. Ressam, 491 F.3d 997 (9th Cir. 2007)
The court will examine the prosecutors’ pleas to reinstate part of the conviction against Ahmed Ressam, the “millennium bomber.” Part of the charges were dismissed because the prosecutors failed to prove part of the underlying offense.
Full question presentedFlorida Dept. of Revenue v. Piccadilly Cafeterias, Inc., 484 F.3d 1299 (11th Cir. 2007)
The court will review whether a plan has to be approved by a bankruptcy court before a exemption from state and local transfer taxes may be applied under federal bankruptcy statutes.
Full question presentedIndiana v. Edwards, 866 N.E.2d 252 (Ind. 2007)
The court has limited its review to this question: “May States adopt a higher standard for measuring competency to represent oneself at trial than for measuring competency to stand trial?
Full question presentedBurgess v. U.S., 478 F.3d 658 (4th Cir. 2007)
The Supreme Court will examine mandatory sentences for drug offenders. In this case, Burgess was punished with a 20-year minimum sentence because he had a prior drug conviction that, while it was punishable by two years in prison, was a misdemeanor under state law.
Full question presentedMunaf v. Geren, 482 F.3d 582
Geren v. Omar479 F.3d 1 (D.C. Cir. 2007)
(consolidated for hearing)
The court will examine the two holdings by the D.C. Circuit in these cases and rule on whether U.S. citizens being held in Iraq have a right to challenge their detention. Both of these cases involve the interpretation of the 1948 decision in Hirota v. MacArthur, which determined that U.S. courts could not rule on the legality of overseas detentions of Japanese nationals.
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Full question presentedDistrict of Columbia v. Heller, 478 F.3d 370 (D.C. 2007)
The Supreme Court will decide whether DC statutes outlawing handgun ownership violates the 2nd Amendment rights of individuals who own handguns but are not affiliated with any state-regulated militia.
Full question presentedRepublic of the Philippines v. Pimentel, 464 F.3d 885 (9th Cir. 2006)
In a case arising from a dispute over money stolen by Ferdinand Marcos, the court will examine whether a foreign government with sovereign immunity can be an “indispensable” party to settle an ownership claim over assets claimed by the government.
Full question presentedU.S. v. Clintwood Elkhorn Mining Company, 473 F.3d 1373 (Fed. Cir. 2007)
The court will determine whether a taxpayer, who was entitled to bring a tax refund action in federal court but failed to meet the prerequisites for the action, can bring a direction action for the refund under the Tucker Act.
Full question presentedRothgery v. Gillespie County (Tex.), 491 F.3d 293 (5th Cir. 2007)
The court will determine whether a suspect’s 6th amendment right to an attorney attaches when the suspect is brought before a magistrate who finds reason to believe a crime has been committed by the suspect and jails the suspect.
Full question presentedDistrict of Columbia v. Heller, 478 F.3d 370 (D.C. 2007)
The Supreme Court will decide whether DC statutes outlawing handgun ownership violates the 2nd Amendment rights of individuals who own handguns but are not affiliated with any state-regulated militia.Chamber of Commerce, et al. v. Brown
The Supreme Court will examine a California law barring employers from using state funds to influence union election campaigns.
Full question presentedRichlin Security Service v. Chertoff, 472 F.3d 1370 (Fed. Cir. 2006)
The Supreme Court will address a split in the circuits over whether the prevailing party is awarded paralegal fees at the market rate for the work or at the actual cost of the work.
Full question presentedArave v. Hoffman, 481 F.3d 686 (9th Cir. 2007)
The Court will look at remedies available to defendants in capital cases who receive ineffective counsel during plea bargaining.
Full question presentedAllison Engine v. U.S., 471 F.3d 610 (6th Cir. 2006)
The Supreme Court will address a split in the lower courts concerning whether the Federal False Claims Act applies to misspent funds only when the claims are presented to the federal government or if the Act also applies to claims that will be paid with federal money.
Full question presentedExxon v. Baker, 490 F.3d 1066 (9th Cir. 2007)
In legal action stemming from the 1989 Valdez oil spill, the Supreme Court has agreed to decide on the legality of the $2.5 billion punitive damages award against Exxon. The court will limit review to maritime law issues.
Full question presentedCuellar v. U.S., 478 F.3d 282 (5th Cir. 2007)
In this case the Supreme Court will determine whether hiding money that is headed out of the United States constitutes money laundering.
Full question presentedQuanta Computer v. LG Electronics, 453 F.3d 1364 (Fed. Cir. 2006)
In this patent case, the court is asked to address whether patent rights were exhausted by license agreements when the licensee sells products containing the patent or whether the holder of the rights may receive royalties from all companies as the patented product continues through the manufacturing system.
Full question presentedKentucky Retirement System v. EEOC, 467 F.3d 571 (6th Cir. 2006)
This case centers on whether the use of age as a factor in determining disability retirement benefits is “arbitrary” and therefore facially discriminatory under the Age Discrimination in Employment Act.
Full question presentedVirginia v. Moore, 636 S.E.2d 395 (Vir. 2006)
This case involves a man’s successful challenge to a drug charge that arose from an illegal arrest under state law. The lower court’s holding conflicts with several other state and federal courts’ positions on the issue.
Full question presentedDada v. Keisler, 207 F. App’x 425 (5th Cir. 2006)
This case involves an alien who timely withdrew his request for voluntary departure and did not leave the United States when ordered by the Board of Immigration Appeals. The court is asked to examine whether this rendered him ineligible for a change in residency status.
Full question presentedGomez-Perez v. Potter, 476 F.3d 54 (1st Cir. 2007)
The court will examine the lower court’s decision holding that the ADEA does not prohibit retaliation against older federal employees.
Full question presentedAli v. Achim, 468 F.3d 462 (7th Cir. 2006)
This case address a split in the circuits over whether an aggravated felony should be classified as a “particularly serious crime” for deportation purposes.
Full question presentedMeadwestvaco v. Illinois Dept. of Revenue, 861 N.E. 2d 113 (Ill. App. Ct. 2007), appeal denied 862 N.E. 2d 235 (Ill. 2007)
Petitioner sold business to Lexis/Nexis and the court will address whether the tax assessed by the state on the gain is in conflict with earlier case law, the due process clause, and the commerce clause.
Full question presentedCBOCS West v. Humphries, 474 F.3d 387 (7th Cir. 2007)
This case addresses whether a race retaliation claim is recognized under § 1981 of the Civil Rights Act.
Full question presentedMorgan Stanley Capital Group v. Public Utility Dist. 1
Calpine Energy Services v. Public Utility Dist. 1 , 471 F.3d 1053 (9th Cir. 2006)
(consolidated)
These consolidated cases concern energy sales contracts and the federal regulator’s ability to consider energy crises when reviewing the transactions.
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Full question presentedPreston v. Ferrer, 145 Cal.App.4th 440, 51 Cal. Rptr.3d 628 (Cal. Ct. App. 2006)
Court will examine whether the Federal Arbitration Act and early decisions void an interstate arbitration agreement.
Full question presentedWarner-Lambert v. Kent, 467 F.3d 85 (2nd Cir. 2006)
This case stems from a products liability suit and centers on whether federal regulations of pharmaceuticals (Warner-Lambert is owned by Pfizer) pre-empt state law.
Full question presentedBoulware v. United States, 470 F.3d 931 (9th Cir. 2006)
A tax case questioning how a federal court, when determining the federal income tax liability from that property, should treat a lower court decision that determined property ownership.
Full question presentedUnited States v. Rodriquez, 464 F.3d 1072 (9th Cir. 2006)
A question arising under the Armed Career Criminal Act and what qualifies as a predicate offense.
Full question presentedBegay v. United States, 470 F.3d 964 (10th Cir. 2006)
This case also involves the Armed Career Criminal Act and asks whether felony driving while intoxicated is a “violent felony” for purposes of the Act.
Full question presentedGonzalez v. United States, 483 F.3d 390 (5th Cir. 2007)
A Texas case that considers whether rights were violated when the jury selection was permissibly delegated to a magistrate judge without the defendant’s knowledge.
Full question presentedCrawford v. Marion City Election Board
Indiana Democratic Party v. Rokita, 472 F.3d 949 (7th Cir. 2007)
(consolidated)
Court will determine whether voter ID laws unfairly keep poor people and minorities from the polls.
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Full question presentedBaze v. Rees, 217 S.W.3d 207 (Ky. 2006)
This case calls into question the constitutionality of lethal injection.
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The cases are listed in reverse chronological order by date that the petition was granted:
Boumediene v. Bush, Al Odah v. U.S., 476 F.3d 981 (D.C. Cir. 2007)
(combined)
The Court will examine whether the Military Commissions Act of 2006 removed detainees’ rights to bring habeas challenges to their confinement.
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Full question presentedRiegel v. Medtronic, Inc., 451 F.3d 104 (2nd Cir. 2006)
This case address the divide in the Circuit courts over the impact of FDA approval has on medical device damage lawsuits made under state law.
Full question presentedRowe v. New Hampshire Motor Transp. Assn., 448 F.3d 66 (1st Cir. 2006)
This case examines a state law that requires sellers of tobacco products to acquire a license to sell the products and to insure that the transporters they use provide verification that the product will not be distributed to minors.
Full question presentedKnight v. CIR, 467 F.3d 149 (2nd Cir. 2006)
The Court will examine federal income tax deficiencies arising from fees paid by the trust to provide investment advice that were then deducted.
Full question presentedSnyder v. Louisiana, 942 So.2d 484 ( La. 2006)
The “O.J. case”: The Court will examine race-based peremptory challenges to jury selection.
Full question presentedLaRue v. DeWolff, Boberg and Associates, Inc., 450 F.3d 570 (4th Cir. 2006)
The court will examine will examine whether under ERISA a participant in a defined pension plan may sue to recover losses caused by a breach of fiduciary duty and whether any action against a fiduciary by participants qualifies as seeking equitable relief under ERISA.
Full question presentedKimbrough v. U.S., 477 F.3d 144 (4th Cir. 2007)
This case concerns the disparity in the punishments meted out by federal court judges under the federal Sentencing Guidelines with regards to crack cocaine crimes versus cocaine powder crimes.
Full question presentedGall v. U.S., 446 F.3d 884 (8th Cir. 2006)
The Court will address whether a federal judge can reasonably choose a sentence below what the federal Sentencing Guidelines suggests.
Full question presentedSprint/United Management Co. v. Mendelsohn, 466 F.3d 1223 (10th Cir. 2006)
This is an Age Discrimination in Employment Act case where the Justices will decide whether employees not party to the suit may testify that they, too, were subject to age discrimination.
Full question presentedFederal Express Corp. v. Holowecki, 440 F.3d 558 (2nd Cir. 2006)
The Court granted cert in this case to settle a difference between the circuits concerning the use of Equal Employment Opportunity Commission intake questionnaires as evidence of age discrimination.
Full question presentedHall Street Assoc. v. Mattel, Inc., 196 Fed. Appx. 476 (9th Cir. 2006)
This case addresses the 9th Circuit's decision not to enforce an arbitration agreement that was entered with the district court's approval.
Full question presentedJohn R. Sand and Gravel Co. v. U.S., 457 F.3d 1345 (Fed. Cir. 2006)
The court granted cert in this case to clear up a jurisdiction question concerning the statute of limitations in the Tucker Act (28 U.S.C. 1491).
Full question presentedCSX Transportation, Inc. v. Ga. State Bd. Of Equalization, 72 F.3d 1281 (11th Cir. 2006)
The court will decide whether a federal district court must accept a State's valuation of railroad property under a federal anti-discrimination tax statute (49 U.S.C. 11501(b)(1)).
Full question presentedAli, Abdus-Shahid M.S. v. Fed. Bureau of Prisons, 204 Fed.Appx. 778 (11th Cir. 2006).
The court will address a split in the Circuit Courts of Appeal concerning the Federal Tort Claims Act § 2680(c), which provides an exception to sovereign immunity for claims “arising in…the retention of…any other property by any officer of customs or excise or any other law enforcement officer.”Klein & Co. Futures, Inc. v. Board of Trade of City of NY, 464 F.3d 255 (2nd Cir. 2006)
This case examines whether futures commission merchants can sue for losses incurred when future prices are illegally manipulated.
Full question presentedDanforth v. Minnesota, 2007 WL 1461083
The court granted cert to decide whether state supreme courts must retroactively apply U.S. Supreme Court decisions to state-court criminal cases.
Full question presentedDept. of Revenue of KY, et al. v. Davis, 197 S.W.3d 557 (Ky. Ct. App. 2006)
This case concerns whether a state can tax the interest earned on other states' bonds, while not taxing the income from its own bonds.
Full question presentedMedellin v. Texas, 2006 WL 3302639 (Tex. Crim. App. 2006)
This capital case involving a Mexican national re-appears before the Supreme Court to determine whether the Texas state court correctly applied the ICJ orders from Avena following President Bush's 2004 executive order that charged state courts with review and reconsideration of whether Avena applied to their cases.
Full question presentedU.S. v. Santos, 461 F.3d 886 (7th Cir. 2006)
Examines the scope of the federal money laundering statute (18 U.S.C. 1956(a)(1)): Does the ban on laundering the proceeds of a crime apply to the gross receipts from the crime or only to the profits?
Full question presentedU.S. v. Williams, 444 F.3d 1286 (11th Cir. 2006)
Whether the PROTECT Act's (codified at 18 U.S.C.A. § 2252A) prohibition against promoting material in a manner that reflects the belief, or is intended to cause the belief, that the material contains illegal child pornography is constitutional.
Full question presentedStoneridge Investment v. Scientific-Atlanta, Inc., 443 F.3d 987 (8th Cir. 2006)
Concerning the scope of shareholders' right to sue under securities fraud law when outside private firms or individuals are involved in the alleged price manipulation.
Full question presentedWatson v. U.S., 191 Fed.Appx. 326 (5th Cir. 2006)
Whether exchange of a firearm as payment for drugs constitutes “use” of the firearm during and in relation to a drug trafficking offense within the meaning of 18 U.S.C. § 924(c)(1)(A) enhancing the penalty for the drug trafficking offense.
Full question presentedBoard of Education of the City of New York v. Tom, 193 Fed.Appx. 26 (2nd Cir 2006) and 2005 WL 22866 ( S.D.N.Y. 2005)
Determining under the Americans with Disabilities Act (“ ADA ") and the Individuals with Disabilities Education Act (“IDEA”) when parents of a disabled student are entitled to tuition reimbursements.
Full question presentedWashington v. Washington Republican Party, 460 F.3d 1108 (9th Cir. 2006)
Whether Washington State 's primary contest to select the two most popular candidates for the November ballot is truly non-partisan if the candidates identify their party affiliation on the primary voting ballot.
Full question presented
Full question presentedNew York State Board of Elections v. Torres, 462 F.3d 161 (2nd Cir. 2006)
Logan v. U.S., 453 F.3d 804 (7th Cir. 2006)
Whether New York's use of a convention for choosing nominees to run for judicial office in the general election violates candidates' and their supporters' First Amendment rights.
Full question presented
Testing whether an individual convicted of misdemeanor state crimes with more than two-year jail sentence is to be treated as a career criminal under the Armed Career Criminal Act (18 U.S.C.A. § 924(e)(1) ).
Full question presented