During the October 2006 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.
Parents Involved in Cmty. Schools v. Seattle School District No. 1
Meredith v. Jefferson City Board of Education
(consolidated)
(NOTE: This opinion is 185 pages long) The Supreme Court held in a 5-4 decision that the voluntary integration plans in Seattle and Louisville public school were unconstitutional. The plurality opinion was written by the Chief Justice. Justice Breyer delivered a strong dissent.Leegin Creative Leather Products v. PSKS, Inc.
This 5-4 decision written by Justice Kennedy overturned a 1911 antirust decision and held that challenges to vertical price restraints must now be judged by a rule-of-reason analysis.Panetti v. Quarterman
In a 5-4 opinion authored by Justice Kennedy, the Court held the 5th Circuit used a too restrictive standard of mental competency in upholding a death penalty case. The Court reversed the Circuit court and remanded the case.National Association of Home Builders v. Defenders of Wildlife
In a 5-4 opinion authored by Justice Alito, the Court decided that a federal agency that I mandated by law to perform a specific action does not have to also perform the conflicting requirement of the Endangered Species Act.Hein v. Freedom from Religion Foundation
In a 5-4 opinion written by Justice Alito, the Court held that taxpayers do not have standing to sue the federal government for adding faith-based organizations.Wilkie v. Robbins
Justice Souter wrote the opinion for the Court which held that government agents acting on behalf of the government and not out of personal interest could not be personally liable for violating RICO or private property rights.Morse v. Frederick
The Chief Justice authored the opinion in which the Court held 5-4 that public school officials may punish students for words or actions that promote drug use without violating the student's Fist Amendment rights.FEC v. Wisconsin Right to Life, Inc.
In an opinion by Chief Justice Roberts, the Court held 5-4 that Wisconsin Right to Life had a First Amendment right to support candidates during the election season.Brendlin v. California
In an opinion authored by Justice Souter, the Court held that a vehicle passenger is “seized” for Fourth Amendment purposes when police make a traffic stop. Therefore, the passenger may challenge the constitutionality of the traffic stop.Powerex Corp. v. Reliant Energy Services, Inc.
The court held in an opinion by Justice Scalia that federal appellate courts do not have jurisdiction over FSIA questions when an appeal is barred for want of jurisdiction.Credit Suisse Securities v. Billing
The Court held that antitrust laws do not apply to the sale of new stocks after the stocks' initial offering on the stock market.Mission of India v. City of New York
The court held that foreign governments are not immune from paying property taxes on property the foreign government owns to house its employees in the United States.Bowles v. Russell
In a 5-4 decision, the Court held that a the statute of limitations found in the Federal Rules govern even when the District Court has granted the defendant a longer time period in which to file.Davenport v. Washington Education Assc.
The Court held that there is no First Amendment violation for a State to require public-sector unions to receive permission from nonmembers before spending the nonmembers union dues on election-related purposes.Watson v. Philip Morris
In an opinion delivered by Justice Breyer, the Court held that a private company that is closely regulated by the government is not subject to the removal statute that allows a defendant to remove a state-court action to federal court.Long Island Care at Home v. Coke
The Court held in an opinion by Justice Breyer that the FLSA exemption does not entitle home health care workers employed by outside agencies, and not directly by the family, to minimum wage and maximum hour rules.U.S. v. Atlantic Research Corp.
Justice Thomas wrote for the court in a decision that held that under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, potentially responsible parties have a cause of action to recover the cost of cleaning up contaminated sites from other potentially responsible parties.Beck v. PACE Int'l Union
In an opinion authored by Justice Scalia, the court held that under ERISA it is not permissible for a company to terminate a single-employer defined benefit pension plan by merging the plan with another plan.Fry v. Pliler
The court held that a court must determine the prejudicial impact of constitutional error in a state criminal trial by using the “substantial and injurious effect” standard established in Brecht v. Abrahamson.Safeco Ins. Co. v. Burr
In an opinion authored by Justice Souter, the Court held that the federal truth-in-credit law may be violated if the company knew it was violating the act, or if the company acted with “reckless disregard.”Uttecht v. Brown
In a 5-4 opinion authored by Justice Kennedy, the Court held that appellate courts must give deference to the trial courts' ruling on dismissing potential jurors in death penalty cases because the trial court is in “a superior position to determine a potential juror's demeanor and qualifications.”Sole v. Wyner
(formerly Struhs v. Wyner)
In an unanimous opinion delivered by Justice Ginsburg, the Court held that a plaintiff who prevails in preliminary injunction may not be awarded attorney's fees under 42 U.S.C. 1982 if the plaintiff loses on the merits.Ledbetter v. Goodyear Tire and Rubber, Co.
In a 5-4 opinion delivered by Justice Alitio, the Court held that a pay-setting decision is a discrete act that begins Title VII's limitations, and thus petitioner filed her claim too late.Bell Atlantic Corp. v. Twombly
In a 7-2 opinion written by Justice Souter, the Court reversed the 2nd Circuit's decision to allow an anti-trust suit against telephone companies to continue. The Supreme Court held that there was no evidence to support the anti-trust claim.Winkelman v. Parma City School District
In an opinion by Justice Kennedy, the Court held that parents of disabled children have the right to enforce their child's right to free education. Parents do not need an attorney to pursue this right.Office of Senator Mark Dayton v. Hanson
In an 8-0 opinion authored by Justice Stevens, the Court found that it lacked jurisdiction to hear this appeal from Senator Dayton's former employee who believed he was discharged in violation of his workplace rights.Hinck v. U.S
In an unanimous opinion authored by Chief Justice Roberts, the Court held that the Tax Court is the exclusive forum for judicial review of a taxpayer's §6404(e)(1) failure to abate interest claims.Roper v. Weaver
The court dismissed this case concerning the overturning of the death penalty because two other similar cases exist and the court found that there was no reason to treat this case differently.Schriro v. Landrigan
The court overturned the 9th Circuit in a 5-4 decision written by Justice Thomas. The Court held that the District Court had not abused its discretion in refusing to grant Landrigan an evidentiary trial on a claim of inadequate assistance of counsel.KSR International Co. v. Teleflex, Inc.
Justice Kennedy wrote the opinion in a unanimous decision holding that the Federal Circuit had incorrectly interpreted the obviousness question in determining whether an invention is patentable.Microsoft Corp. v. AT&T Corp
The Court held that U.S. patent law does not bar foreign countries from making copies of digital code and installing that code on computers made and sold outside of the United States .EC Term of Years Trust v. United States
The Court held that if a taxpayer fails to timely file challenge to a levy under 26 U.S.C. § 7426(a)(1), the taxpayer may not bring the same challenge as a tax refund claim.Scott v. Harris
In an 8-1 decision written by Justice Scalia, the Court held that police did not act unconstitutionally when they forced Harris's car off the road during a high-speed chase initiated by Harris.United Haulers Assn. v. Oneida-Herkimer Solid Waste
The Court ruled that local governments may discriminate in favor of publicly owned waste processing plants without violating the Dormant Commerce Clause so long as the local governments treat all privately owned plants the same.Smith v. Texas
In a 5-4 decision written by Justice Kennedy, the Court ruled that the Texas Court of Criminal Appeals had misinterpreted federal law when it applied a harmless error standard to reinstate LaRoyce Smith's death sentence.Abdul-Kabir/Brewer v. Quarterman
Justice Stevens wrote the 5-4 majority opinions in these consolidated cases. The Court held that the Texas trial court's instructions prevented jurors from considering mitigating evidence in these capital cases.
(Abdul-Kabir v. Quarterman)
(Brewer)Gonzales v. Carhart
In a 5-4 opinion written by Justice Kennedy, the court upheld a 2003 law that bans "partial-birth abortions."James v. United States
In a 5-4 opinion written by Alito, the court ruled that under state law attempted burglary was a violent felony and subject to the Armed Career Criminal Act’s mandatory sentencing.Watters v. Wachovia Bank
A national bank's real estate lending subsidiary is subject to the same rules as the bank itself, that is, federal regulation under the National Bank Act.Global Crossing v. Metrophones
The Communications Act allows a private company to sue a long distance telephone company for failing to pay for coin-less calls from pay phones.Zuni Public School Dist. No. 89 v. Department of Education
Upholding the Secretary of Education's formula for determining when a federally connected public school district can have its federal aid reduced by an offset in state financial aid.Massachusetts v. Environmental Protection Agency
The government has the authority under the Clean Air Act to regulate auto emissions, such as carbon dioxide, that contribute to global warming, and Massachusetts had standing to bring the suit.Environmental Defense v. Duke Energy Corp.
The Court rejected Duke Energy Corp's and the Fourth Circuit's interpretations of the Clean Air Act's New Source Review program, which regulates utility plant modifications that increase pollution emission.Rockwell International Corp. v. U.S.
The False Claims Act requirement that an individual bringing a qui tam action must be an original source, having direct and independent knowledge of the information on which the allegations are based, is jurisdictional.Limtiaco v. Camacho
Guam must calculate its debt limit according to the assessed value – not the appraised value – of its property.Travelers Casualty & Surety v. Pacific Gas & Electric Co.
Federal bankruptcy law does not forbid the recovery of attorneys' fees agreed to by contract and incurred during the bankruptcy proceedings.Sinochem International v. Malaysia Int'l Shipping
A district court may respond immediately to a forum non conveniens motion to dismiss without first deciding subject matter and personal jurisdiction.Whorton v. Bockting
The Court's ruling in Crawford v. Washington, 541 U.S. 36 , about the admissibility of testimonial hearsay cannot be applied to cases that were final before the date Crawford was decided (March 8, 2004).Marrama v. Citizens Bank of Massachusetts
The right to convert from one form of bankruptcy to another, e.g. , Chapter 7 to Chapter 13, is not absolute and may be forfeited in some cases.Wallace v. Kato
The statute of limitations on a §1983 claim seeking damages for a false arrest begins to run from the time of arrest, i.e. , not from the time the conviction and sentence has been overturned.Weyerhaeuser v. Ross-Simmons Hardwood Lumber
The test the Court applied to Sherman Act predatory-pricing claims in Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U. S. 209 (1993), also applies to predatory-bidding claims.Lawrence v. Florida
The 1-year statute of limitations provided in the Antiterrorism and Effective Death Penalty Act (AEDPA) for seeking federal habeas relief from a state-court judgment is not tolled while an application for state post-conviction or other collateral review is pending in federal courts, including on petition for review at the United States Supreme Court.Phillip Morris v. Williams
A punitive damages award based on a jury's desire to punish a defendant for harming nonparties is an unconstitutional taking of property from the defendant in violation of defendant's due process rights. (The ruling nullified a $79.5 million punitive award against Philip Morris in a case of the lung cancer death of smoker, Jesse Williams.)Jones v. Bock
The Prison Litigation Reform Act does not require an inmate to show in a lawsuit challenging prison conditions that all alternative remedies to a lawsuit have been exhausted.Osborn v. Haley
A declaration by the U.S. attorney general that a federal employee was acting within the scope of official duties is sufficient to justify transferring a case against that employee from state to federal court and substituting the federal government as the defendant.Cunningham v. California
California 's "determinate sentencing law" is unconstitutional because it allows judges, not juries, to find facts that lead to higher criminal sentences.Gonzales v. Duenas-Alvarez
An alien living in the U.S. who is convicted of a crime for which a conviction could be issued for "aiding and abetting" may be deported for the "aggravated felony" of theft under the Immigration and Nationality Act.Norfolk Southern Railway Co. v. Sorrell
Concerning the standard on the degree of fault for a railroad's negligence in a worker injury case filed under the Federal Employers' Liability Act (FELA).MedImmune v. Genentech
A patent license holder need not breach that agreement as a prerequisite to challenging the patent's validity.U.S. v. Resendiz-Ponce
The Court found that the indictment in the case was not defective and declined to decide whether failure to include in a criminal charge an element of the offense can ever be excused as harmless error.Burton v. Stewart
The Court declined to rule on the question of whether the sentencing decision in Blakely v. Washington ( 2004) is to be applied retroactively in federal habeas cases, holding that the state prisoner in this case had failed to comply with the requirements of federal habeas law, so the District Court did not have jurisdiction over the case.Carey v. Musladin
The California state court's decision to allow a murder victim's family to wear a button with the victim's photograph during trial was not contrary to clearly established federal law; the Court has never addressed a claim that such private-actor courtroom conduct is so inherently prejudicial that it deprives a defendant of a fair trial.BP American Production Co. v. Burton
The six-year time limit on claims by the federal government for money damages that applies when the claim is made in court does not apply to administrative actions by a federal agency seeking to recover royalties on federal oil and gas leases.Lopez v. Gonzalez
Conduct that is a felony under state law but a misdemeanor under the federal Controlled Substances Act is not a “felony punishable under the Controlled Substances Act” as that phrase is used in the Immigration and Nationality Act for purposes of deportation proceedings.Ayers v. Belmontes (formerly Ornaski v. Belmontes)
California 's capital punishment "catch-all" jury instruction which directs juries to consider "any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime" provides enough opportunity for jurors to consider all favorable evidence for the accused.
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.
Full question presented
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)
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 presentedLogan v. U.S., 453 F.3d 804 (7th Cir. 2006)
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 presentedOffice of Senator Mark Dayton v. Hanson, 459 F.3d 1 (D.C. Cir. 2006) Whether the Speech and Debate Clause of the U.S. Constitution bars federal court jurisdiction of an action brought under the Congressional Accountability Act of 1995 by a congressional employee whose job duties are part of the due functioning of the legislative process.
Full question presentedFederal Election Commission v. Wisconsin Right to Life, Inc., 2006 WL 3746669 (D.D.C. 2006)
McCain v. Wisconsin Right to Life, Inc., 2006 WL 3746669 (D.D.C. 2006)
Whether the prohibition under the Bipartisan Campaign Reform Act (BCRA) on a corporation's use of general treasury funds to finance “electioneering communications” is constitutional as applied to advertisements proposed to run in 2004 by Wisconsin Right to Life, Inc.
Full question presented
Full question presentedBeck v. Pace International Union, 146 Fed.Appx. 917 (9th Cir. 2005)
Whether a pension plan sponsor's decision to terminate a plan by purchasing an annuity is a plan sponsor decision not subject to ERISA's fiduciary obligations.
Full question presentedPermanent Mission of India v. New York, 446 F.3d 365 (2nd Cir. 2006)
Concerning jurisdiction of a lawsuit by a municipality seeking to declare the validity of a tax lien on a foreign sovereign's real property.
Full question presentedUnited States v. Atlantic Research Corp., 459 F.3d 827 (8th Cir. 2006)
Whether a party that is potentially responsible for the cost of clean up under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) who does not satisfy the requirements for bringing an action for contribution under section 113 may bring an action against another potentially responsible party under section 107.
Full question presentedBrendlin v. California, 136 P.3d 845 (Cal. 2006)
Whether a passenger in a vehicle subject to a traffic stop is detained for purposes of the Fourth Amendment, thus allowing the passenger to contest the legality of the stop.
Full question presentedPowerex Corp. v. Reliant Energy Services, 391 F.3d 1011 (9th Cir. 2004)
Concerning designation of an entity owned by a foreign state's instrumentality as an “organ of a foreign state” under the Foreign Sovereign Immunities Act of 1976 (FSIA).
Full question presentedWatson v. Philip Morris, 420 F.3d 852 (8th Cir. 2005 )
Whether a party acting pursuant to federal regulations (here tobacco advertising pursuant to FTC regulations) may properly remove a case to federal court pursuant to the removal provisions of the federal officer statute (28 U.S.C. § 1442(a)(1)).
Full question presentedHinck v. U.S., 446 F.3d 1307 (Fed. Cir. 2006)
Scope of the U.S. Tax Court's and Court of Federal Claims' jurisdiction to hear interest abatement claims.
Full question presentedUttecht v. Brown, 431 F.3d 661 (9th Cir. 2005)
Federal courts' authority to overturn a state trial judge's decision to remove a juror from a capital trial because of that juror's equivocal views about capital punishment.
Full question presentedStruhs v. Wyner, 179 Fed.Appx. 566 (11th Cir. 2006)
Whether plaintiffs qualify as “prevailing party” for attorney's fees award where plaintiffs prevailed at preliminary injunction stage of trial but lost on the merits.
Full question presentedNational Association of Home Builders v. Defenders of Wildlife
EPA v. Defenders of Wildlife, 420 F.3d 946 ( 9th Cir. 2005)
(consolidated)
Whether EPA's decision to transfer pollution permitting authority to Arizona under the Clean Water Act was arbitrary and capricious because it was based on inconsistent interpretations of Section 7(a)(2) of the Endangered Species Act.
Full question presented
Full question presentedBCI Coca-Cola Bottling Co. v. EEOC, 450 F.3d 476 (10th Cir. 2006)
Whether, under federal anti-discrimination , an employer may be held liable for the bias of a subordinate worker, if that worker did not actually make the employment decision at issue.
Full question presentedTennessee Secondary School Athletic Association v. Brentwood Academy, 442 F.3d 410 (6th Cir. 2006)
Whether private preparatory schools have a constitutional right to talk to prospective student athletes to recruit them, when that violates a no-recruiting rule those schools have voluntarily agreed to obey as members of a state sport competition organization.
Full question presentedTellabs, Inc. v. Makor Issues & Rights, 437 F.3d 588 (7th Cir. 2006)
Interpretation of the requirement under the Private Securities Litigation Reform Act of 1995 that a private lawsuit claiming securities fraud must be dismissed if there is no strong inference of a mental state intent on violating the law.
Full question presentedLong Island Care at Home v. Coke, 462 F.3d 48 (2nd Cir. 2006)
Whether the Second Circuit erred in refusing to give proper deference to a Department of Labor interpretation of its own regulation concerning whether overtime pay is due to caregivers employed by outside agencies, not directly by families, to provide in-home care.
Full question presentedAltadis USA, Inc. v. Sea Star Line, LLC, 458 F.3d 1288 (11th Cir. 2006)
Scope of federal law on liability for lost or damaged freight, when the goods move by multimodal transport and the whole journey is covered by a single "through" bill of lading, and not a separate bill for the inland leg during which the cargo was stolen.
Full question presentedPanetti v. Quarterman, 448 F.3d 815 (5th Cir. 2006)
Whether it is unconstitutional to execute an individual who is factually aware of the reason he faces execution, but because of mental illness has a delusion about the state's actual reason for putting him to death.
Full question presentedCredit Suisse First Boston Ltd. v. Billing, 426 F.3d 130 (2nd Cir. 2005)
Whether the process of selling new stocks after their initial offering is a field of economic activity immune to antitrust challenge because it is closely regulated under federal securities law.
Full question presentedRoper v. Weaver, 438 F.3d 832 (8th Cir. 2006)
Whether the federal courts of appeals have authority to overturn a capital sentence on the ground that the prosecutor's penalty phase closing argument was unfairly inflammatory.
Full question presentedLeegin Creative Leather Products v. PSKS, Inc., 171 Fed.Appx. 464 (5th Cir. 2006)
Regarding t he antitrust standard to be used when a product maker sets a price floor on its products when sold at retail.
Full question presentedFry v. Pliler, 2006 WL 249542 (9 th Cir. 2006)
Regarding the standard for judging in habeas cases how prejudicial a constitutional violation in a state trial may be and which side has the burden of persuasion on the issue.
Full question presentedBowles v. Russell, 432 F.3d 668 (6th Cir. 2005)
Whether a federal appeals court acting on its own may dismiss as too late an appeal that a district court had authorized out of the usual time limits.
Full question presentedGrace v. Freedom from Religion Foundation, 433 F.3d 989 (7th Cir. 2006)
Whether taxpayers have standing to sue for executive branch expenditure of discretionary funds in support of faith-based groups.
Full question presentedWilkie v. Robbins, 433 F.3d 755 (10th Cir. 2006)
Whether government employees (Bureau of Land Management) doing their official duties are subject to damage lawsuits under the RICO anti-racketeering law.
Full question presentedMorse v. Frederick, 439 F.3d 1114 (9th Cir. 2006)
Whether it violates the First Amendment for school officials to bar students from displaying messages promoting the use of illegal substances at school-sponsored activities and whether school officials have immunity to damages lawsuits under civil rights law for disciplining a student for displaying a banner with a slang reference to marijuana.
Full question presentedClaiborne v. U.S., 439 F.3d 479 (8th Cir. 2006)
Whether deviation from the federal sentencing guidelines to a sentence shorter than suggested by the guidelines is reasonable and whether the deviation requires a finding by the court of extraordinary circumstances.
Full question presentedRita v. U.S., 177 Fed.Appx. 357 (4th Cir. 2006)
Whether a sentence falling within the range suggested by the federal sentencing guidelines was reasonable, should be accorded a presumption of reasonableness because it falls within the suggested range, and whether the presumption exists if the court did not make an explicit analysis of the sentencing factors.
Full question presentedWinkelman v. Parma City School District, 150 Fed.Appx. 406 (6th Cir. 2005)
Whether non-lawyer parents of a disabled child may prosecute an Individuals with Disabilities in Education Act (“IDEA”) case pro se in federal court.
Full question presentedEC Term of Years Trust v. United States, 434 F.3d 807 (5th Cir. 2006)
Whether a wrongful levy action is the exclusive remedy for a third party whose property is wrongfully seized by the IRS to satisfy another party’s tax liability.
Full question presentedScott v. Harris, 433 F.3d 807 (11th Cir. 2005)
Whether the Fourth Amendment puts limits on police officers who use deadly force in an attempt to stop a suspect fleeing at high speed in a vehicle.
Full question presentedMicrosoft Corp. v. AT&T Corp., 414 F.3d 1366 (Fed. Cir. 2005)
Whether software object code can be a component of a patented invention and whether copies of software object code are supplied from the United States when those copies are created overseas by replicating a separate master version supplied from the United States.
Full question presentedAbdul-Kabir v. Quarterman, below as Cole v. Dretke, 418 F.3d 494 (5 th Cir. 2005)
Brewer v. Quarterman, 442 F.3d 273 (5 th Cir. 2006)
(consolidated for argument)
Whether the Texas capital sentencing scheme allows the jury to give full consideration and effect to mitigating evidence during the punishment phase of trial.
Full question presented (Abdul-Kabir)
Full question presented (Brewer)Travelers Casualty & Surety Co. v. Pacific Gas and Electric Co., 167 Fed.Appx. 593 (9th Cir. 2006)
Whether a litigant may recover attorneys' fees under a contract or state statute in a bankruptcy case.
Full question presentedSmith v. Texas, 185 S.W. 3d 455 (Tex. Crim. App. 2006)
Concerning standards to be used in capital sentencing proceedings, specifically regarding mental ability as a mitigating circumstance. (The Supreme Court overturned Smith's death sentence in 2004, but the sentence was re-imposed by Texas state courts and is again on appeal.)
Full question presented
The cases are listed in reverse chronological order by date that the petition was granted:
Rockwell International v. United States, 92 Fed.Appx. 708 (10th Cir. 2004)
Interpretation of “original source” under the False Claims Act in this qui tam action.
Full question presentedUnited Haulers Assn. v. Oneida-Herkimer Solid Waste, 483 F.3d 150 (2nd Cir. 2006)
Whether local ordinances regarding transfer and sale of solid waste are invalid under the Commerce Clause.
Full question presentedZuni Pub. Sch. Dist. No. 89 v. Dept. of Education, 437 F.3d 1289 (10th Cir. 2006)
Whether the Department of Education's regulations or federal legislation controls the equalization formula used in school districts affected by the Federal Impact Aid Program.
Full question presentedSchriro v. Landrigan, 441 F.3d 638 (9th Cir. 2006)
Duty of attorney to develop and present mitigating evidence in a capital case when defendant tries to prevent presentation of mitigating evidence.
Full question presentedDavenport v. Washington Education Assoc., 84 P.3d 1229 (Wash. 2004)
Washington v. Washington Education Assoc., 130 P.3d 352 (Wash. 2006)
(consolidated for argument)
Whether a state may require affirmative consent from non-union members before the union can spend any part of their mandatory fees on the union's political activities.
Full question presented
Full question presentedGonzales, Att'y Gen. v. Duenas-Alvarez, 176 Fed. Appx. 820 (9th Cir. 2006)
Whether the theft offence of aggravated felony under the Immigration and Nationality Act includes aiding and abetting.
Full question presentedSafeco Ins. Co. v. Burr, 140 Fed. Appx. 746 (9th Cir. 2005)
Geico Gen. Ins. Co. v. Edo, 435 F.3d 1081 (9th Cir. 2006)
(consolidated for argument)
Standards of willful conduct under section 616 of the Fair Credit Reporting Act (FCRA).
Full question presented
Full question presentedSinochem International v. Malaysia Int'l Shipping, 436 F.3d 349 (3rd Cir. 2006)
Whether a district court must first conclusively establish jurisdiction before dismissing a suit on the ground of forum non conveniens.
Full question presentedMoylan v. Camacho, 2003 WL 21697180, 2003 Guam 16 (Guam Terr. Jul 23, 2003)
(1) Interpretation of the Guam Organic Act's debt-limitation provision. (2) Whether the time for filing a petition for writ of certiorari to the Supreme Court is tolled while a petition for writ of certiorari in the same matter is pending at the appellate court.
Full question presentedWeyerhaeuser Co. v. Ross Simmons Hardwood Lumber Co., 411 F.3d 1030 (9th Cir. 2005)
Application of Sherman Act Section 2 to predatory buying
Full question presentedLedbetter v. Goodyear Tire & Rubber, Co., 421 F.3d 1169 (11th Cir. 2005)
What formula should be used in Title VII lawsuits to calculate the time for filing a claim of unequal pay when the employer reviews and re-establishes salaries every year
Full question presentedMassachusetts v. EPA, 415 F.3d 50 (D.C. Cir. 2005)
Whether the Environmental Protection Agency has a duty to regulate greenhouse gases as a strategy to deal with global warming
Full question presentedBell Atlantic Corp. v. Twombly, 425 F.3d 99 (2 nd Cir. 2005)
Concerning the standards for pre-trial dismissal of an antitrust lawsuit claiming that competitors took parallel action to stop competition
Full question presentedKSR International Co. v. Teleflex, Inc., 119 Fed.Appx. 282 (Fed. Cir. 2005)
When an invention is an obvious advance, and thus not eligible to be patented
Full question presentedGonzales v. Planned Parenthood, 435 F.3d 1163 (9th Cir. 2006)
Constitutionality of the federal ban on "partial-birth" abortions
Full question presentedWatters v. Wachovia Bank, 431 F.3d 556 (6th Cir. 2005)
Whether federal banking law bars states from regulating the activities of state-chartered subsidiaries of national banks
Full question presentedWallace v. Chicago, 440 F.3d 421 (7th Cir. 2006)
When does a claim for damages for false arrest or other forbidden search and seizure arise – after arrest or only after conviction and appeal
Full question presentedMarrama v. Citizens Bank of Massachusetts [In re Marrama], 445 F.3d 518 (1 st Cir. 2006)
The case addresses the circumstances under which a debtor in bankruptcy can convert from Chapter 7 to Chapter 13 during the proceedings. The First Circuit affirmed the bankruptcy court's ruling, holding that the right to convert is not absolute. Petitioner Marrama argues that the language of the bankruptcy laws makes the right of the debtor to convert absolute
Full question presentedJames v. United States, 430 F.3d 1150 (11th Cir. 2005)
The case raises the issue whether state convictions for attempted burglary as defined under Florida law qualify as a violent felony for purposes of mandatory sentences under the federal Armed Career Criminal Act
Full question presentedParents Involved in Cmty. Schools v. Seattle School District No. 1, 426 F.3d 1162 (9th Cir. 2005)
Meredith v. Jefferson City Board of Education, 416 F.3d 513 (6 th Cir. 2005)
[to be argued in tandem]
Use of race in student assignments in K-12 education in two urban school districts (Seattle and Louisville, KY)
Full question presented (Parents)
Full question presented (Meredith)Burton v. Waddington, 142 Fed.Appx. 297 (9th Cir. 2005)
Whether the Court's ruling in Blakely v. Washington, a ruling limiting criminal sentences when facts have been found by a judge and not the jury, operates retroactively
Full question presentedPhilip Morris USA v. Williams, Mayola, 127 P.3d 1165 (Or. 2006)
Amount of punitive damages a jury may award for corporate wrongdoing
Full question presentedOsborn v. Haley, 422 F.3d 359 (6 th Cir. 2005)
The authorization under the Westfall Act for the Attorney General to certify whether the federal employee was acting in the scope of employment at the time of an incident which is the basis of a civil action; the ability of district court to remand to state court an action under said Act
Full question presentedWhorton v. Bockting, 399 F.3d 1010 (9th Cir. 2005)
Retroactive application of Supreme Court decision in Crawford v Washington regarding the admissibility of testimonial hearsay evidence
Full question presentedNorfolk Southern Railway v. Sorrell, 170 S.W.3d 35 (2005)
Whether the causation standard for employee contributory negligence under the Federal Employers Liability Act differs from the causation standard for railroad negligence; the comparative negligence standards of FELA
Full question presentedEnvironmental Defense v. Duke Energy, 411 F.3d 539 (4 th Cir. 2005)
Whether regulatory definitions under certain EPA programs violate the Clean Air Act; and procedure for challenging Clean Air Act regulations
Full question presentedOrnaski v. Belmontes, 414 F.3d 1094 (9th Cir. 2005)
Constitutionality of California's capital punishment "catch-all" jury instruction which directs juries to consider "any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime."
Full question presentedBP American Production v. Watson, 410 F.3d 722 (D.C. Cir. 2005)
Application of six-year time limit for filing lawsuits seeking to recover money to agency enforcement actions
Full question presentedCarey v. Musladin, 427 F.3d 653 (9th Cir. 2005)
Prejudicial effect of family members' wearing of buttons depicting the murder victim during trial of the accused
Full question presentedUnited States v. Resendiz-Ponce, 425 F.3d 729 (9th Cir. 2005)
Whether the omission of an element of a criminal offense from a federal indictment constitutes "harmless error”
Full question presentedLawrence v. Florida, 421 F.3d 1221 (11th Cir. 2005)
Effect of pending post-conviction petition for review on the filing period for habeas challenge
Full question presentedJones v. Bock, 135 Fed.Appx. 837 (6th Cir. 2005)
Williams v. Overton, 136 Fed.Appx. 859 (6th Cir. 2005)
[Consolidated]
Extent of requirement under Prison Litigation Reform Act of 1995 that prison inmates must exhaust challenges administratively before bringing a federal civil rights lawsuit protesting prison conditions
Full question presented (Jones)
Full question presented (Williams)Gonzales v. Carhart, 413 F.3d 791 (8th Cir. 2005)
Constitutionality of federal ban on so-called "partial-birth" abortions
Full question presentedMedimmune v. Genentech, 427 F.3d 958 (Fed. Cir. 2005)
Whether the holder of a patent license must breach that agreement as a prerequisite to challenging the patent's validity
Full question presentedGlobal Crossing v. Metrophones, 423 F.3d 1056 (9th Cir. 2005)
Permissibility of private action against long-distance carrier under the Communications Act
Full question presentedCunningham v. California, 2005 WL 880983 (unpublished)
Validity of California 's determinate sentencing law, which allows imposition of an enhanced sentence based on fact findings by the bench
Full question presented