LawyersUSA

Does the federal-sector provision of the Age Discrimination in Employment Act prohibit retaliation against employees who complain of age discrimination? Gomez-Perez v. Potter, No. 06-1321. Certiorari granted Sept. 25, 2007. Ruling below: 476 F.3d 54 (1st Cir. 2007). Click here to read the Lawyers USA story.

Does a plaintiff state a claim under the Sherman Act by alleging that the defendant engaged in a “price squeeze” when it left an insufficient margin between wholesale and retail prices, thereby prohibiting the plaintiff from competing? U.S. Supreme Court. Pacific Bell Telephone Co. v. LinkLine Communications, No. 07-512. Certiorari granted June 23, 2008. Ruling below: 503 F.3d 876 (9th Cir. 2007).

Does the Federal Arbitration Act preempt a California state law regulating talent agencies that requires claims be submitted to an administrative agency? Preston v. Ferrer, No. 06-1463. Certiorari granted Sept. 25, 2007. Ruling below: 145 Cal.App.4th 440 (Cal. Ct. App. 2006).

Can a failure to report to prison that leads to a conviction for escape constitute a “crime of violence” resulting in a mandatory minimum sentence under the Armed Career Criminal Act? U.S. Supreme Court. Chambers v. U.S., No. 06-112-6. Certiorari granted April 21, 2008.  Ruling below: 473 F.3d 724 (7th Cir. 2007).

Did a lower court err in refusing to give a jury instruction on the limits of punitive damages? U.S. Supreme Court. Phillip Morris USA, Inc. v. Williams, No. 07-1216. Certiorari granted June 9, 2007. Ruling below: 176 P.3d 1255 (Ore. 2008).

Is the failure of the Department of Veterans’ Affairs to give notice to benefit claimants prejudicial? U.S. Supreme Court. Peake v. Sanders, No. 07-1209. Certiorari granted June 16, 2008. Ruling below: 487 F.3d 881 (Fed. Cir. 2007).

Is a challenge to several Forest Service regulations a proper subject of judicial review under the Appeals Reform Act? U.S. Supreme Court. Summers v. Earth Island Institute, No. 07-463. Certiorari granted Jan. 18, 2008. Ruling below: 490 F.3d 687 (9th Cir. 2007)

Does the Clean Water Act authorize the Environmental Protection Agency to compare costs with benefits in determining the “best technology available for minimizing adverse environmental impact” at cooling water intake structures? U.S. Supreme Court. Entergy Corp. v. EPA, No. 07-588; PSEG Fossil v. Riverkeeper, No. 07-589; and Utility Water Act Group v. Riverkeeper, No. 07-597(consolidated). Certiorari granted April 14, 2008. Ruling below: 475 F.3d 83 (2d Cir. 2007).

In order to qualify as a “misdemeanor crime of domestic violence” under 18 U.S.C. 922(g)(9), is a domestic relationship between the offender and the victim an element of the offense? U.S. Supreme Court. U.S. v. Hayes, No. 07-608. Certiorari granted March 24, 2008. Ruling below: 482 F.3d 749 (4th Cir. 2007).

Does the exclusionary rule apply to evidence obtained in a search conducted in good faith reliance on a warrant from another jurisdiction which had been rescinded? U.S. Supreme Court., Herring v. U.S., No. 07-513. Certiorari granted Feb. 19, 2008. Ruling below: 492 F.3d 1212 (11th Cir. 2007). Click here for the Lawyers USA story.

Does a drug trafficking offense for which state law authorizes a 10-year sentence because the defendant was a recidivist qualify as a predicate offense under the federal Armed Career Criminal Act? United States v. Rodriguez, No. 06-1646. Certiorari granted Sept. 25, 2007. Ruling below: 464 F.3d 1072 (9th Cir. 2006). Click here to read the Lawyers USA story.

Can an ineffective assistance of counsel ruling stand where a defendant does not claim he would have accepted a plea agreement but for his attorney's advice, and if so, what should be the remedy if the defendant was later convicted and sentenced after a fair trial? U.S. Supreme Court. Arave v. Hoffman., No. 07-110. Certiorari granted Nov. 5, 2007. Ruling below: 455 F.3d 926 (9th Cir. 2006).

Must a federal criminal defendant explicitly and personally waive his right to have a U.S. District Court judge preside over voir dire when his counsel agreed to a magistrate judge? Gonzalez v. United States, No. 06-11612. Certiorari granted Sept. 25, 2007. Ruling below: 483 F.3d 390 (5th Cir. 2007).

Can a federal court determine that an offense that is not an aggravated felony is still a "particularly serious crime" that bars a defendant's eligibility for withholding of removal? Ali v. Achim, No. 06-1346. Certiorari granted Sept. 25, 2007. Ruling below: 468 F.3d 462 (7th Cir. 2006). Click here to read the Lawyers USA story.

Does the filing of a motion to re-open removal proceedings automatically toll the period within which an alien must depart the United States under an order granting voluntary departure? Dada v. Keisler, No. 06-1181. Certiorari granted Sept. 25, 2007. Ruling below: 207 Fed.Appx. 425 (5th Cir. 2006).

Does an employer violate the federal Pregnancy Discrimination Act when, in calculating current retirement benefits, it fails to award full credit for pregnancy leave taken before the effective date of the Act? Click here for the Lawyers USA story. U.S. Supreme Court. AT&T v. Hulteen, No. 07-543. Certiorari granted June 23, 2008. Ruling below: 481 F.3d 1143 (9th Cir. 2007).

Is a collective bargaining agreement that waives employees’ rights to take discrimination claims to court enforceable? U.S. Supreme Court. 14 Penn Plaza v. Pyett. No.07-581. Certiorari granted Feb. 19, 2008. Ruling below: 498 F.3d 88 (2nd Cir.). Click here to read the Lawyers USA story.

704(a) of Title VII protect a worker from being dismissed because she cooperated with her employer’s internal investigation of sexual harassment? U.S. Supreme Court. Crawford v. Metropolitan Government of Nashville, No. 06-1595. Certiorari granted Jan. 18, 2008. Ruling below: 211 Fed. Appx. 373 (6th Cir. 2006)

Can the Navy be enjoined from using sonar testing during training exercises without filing environmental impact statements as required by the Council on Environmental Quality? U.S. Supreme Court. Winter v. Natural Resources Defense Council, No. 07-1239. Certiorari granted June 23, 2008. Ruling below: 508 F.3d 885 (9th Cir. 2007).

Did a divorce decree constitute a waiver of a former wife’s rights as the named beneficiary of her deceased husband’s employee pension plan? U.S. Supreme Court. Kennedy v. Plan Administrator for DuPont Savings, No. 07-636. Certiorari granted Feb. 19, 2008. Ruling below: 497 F.3d 426 (5th Cir. 2007). Click here for Lawyers USA's story.

Does federal law preempt "light" cigarette smokers' label-related deceptive marketing claims against tobacco companies that were brought under state law? U.S. Supreme Court. Altria Group, Inc. v. Good, No. 07-562. Certiorari granted Jan. 18, 2008. Ruling below: 501 F.3d 29 (1st Cir. 2007). Click here to read the Lawyers USA story.

Does FDA approval of a prescription drug's labeling preempt state law claims that the method by which it was administered to the patient caused the patient's injuries? U.S. Supreme Court. Wyeth v. Levine, No. 06-1249. Certiorari granted Jan. 18, 2008. Ruling below: 2006 WL 3041078 (Vt. 2006). Click here to read the Lawyers USA story.

Does a ban on payroll deductions for political activities violate the First Amendment? U.S. Supreme Court. Yusursa v. Pocatello Education Association, No. 07-869. Certiorari granted March 31, 2008. Ruling below: 123 Fed. Appx. 765 (9th Cir. 2007).

Can private citizens erect religious displays in a public park, or must the speech be content neutral? U.S. Supreme Court. Pleasant Grove City v. Summum, No. 07-665. Certiorari granted March 31, 2008. Ruling below: 483 F.3d 1044 (10th Cir. 2007).

Should the deference standard under federal habeas corpus law be applied to a state court’s judgment in a claim of ineffective assistance of counsel that the state court did not consider? U.S. Supreme Court. Bell v. Kelly, No. 07-1223. Certiorari granted May 12, 2008. Ruling below: 413 F. Supp. 2d 657 (W.D. Va. 2006).

Is a Brady claim that has twice been presented to state courts considered procedurally defaulted and therefore barred from being considered by a federal court? U.S. Supreme Court. Cone v. Bell, No. 07-1114. Certiorari granted June 23, 2008. Ruling below: 492 F.3d 743 (6th Cir. 2007).

Did the 9th Circuit err in granting habeas relief when it decided that an erroneous jury instruction constituted structural error requiring reversal because the jury may have relied on it? U.S. Supreme Court. Chrones v. Pulido, 07-544. Certiorari granted Feb. 25, 2008. Ruling below: 487 F.3d 669 (9th Cir. 2007).

Does the overseas re-processing of uranium and its subsequent sale in the United States at a below-market price constitute a sales contract subject to the imposition of “antidumping” import fees by the Department of Commerce? U.S. Supreme Court. U.S. v. Eurodif, No. 07-1059, consolidated with USEC, Inc. v. Eurodif, No. 07-1078. Certiorari granted April 21, 2008.  Ruling below: 506 F.3d 1051 (Fed.Cir. 2007).

Can the Narrangansett Tribe receive benefits under the Indian Reorganization Act of 1934 if it was not federally recognized on the date of enactment, and does the Rhode Island Indian Claims Settlement Act foreclose the tribe’s right to exercise sovereignty over land in the state? U.S. Supreme Court. Carcieri v. Kempthorne, No. 07-526. Certiorari granted Feb. 25, 2008. Ruling below: 497 F.3d 15 (1st Cir. 2007).

Is an attachment against foreign sovereign property permissible when that property is “at issue in claims against the United States before an international tribunal,” and that property is not a “blocked asset” pursuant to the terms of the 2000 Victims of Trafficking and Violence Protection Act and the 2002 Terrorism Risk Insurance Act? U.S. Supreme Court. Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi, No. 07-615. Certiorari granted June 23, 2008. Ruling below: 495 F.3d 1024 (9th Cir. 2007).

Can a public sector union charge non-members for costs associated with litigation conducted outside the bargaining unit? U.S. Supreme Court. Locke v. Kansas, 07-610. Certiorari granted Feb. 19, 2008. Ruling below: 498 F.3d 49 (1st Cir. 2007). Click here for Lawyers USA's story.

If a defendant hides funds without seeking to create the appearance of legitimate wealth, is that sufficient to support a money-laundering conviction? Cueller v. U.S., No. 06-1456. Certiorari granted Oct.15, 2007. Ruling below: 478 F.3d 282 (5th Cir. 2007).

When a licensee sells products containing patented technology in different combinations, can the patent holder sue for infringement? Quanta Computer, Inc. v. LG Electronics, No. 06-937. Certiorari granted Sept. 25, 2007. Ruling below: 453 F.3d 1364 (Fed. Cir. 2006).

Does federal law preempt state law in a case alleging the defendant committed fraud on a federal agency? Warner-Lambert Co. v. Kent, No. 06-1498. Certiorari granted Sept. 25, 2007. Ruling below: 467 F.3d 85 (2nd Cir. 2006). Click here to read the Lawyers USA story.

Are supervising district attorneys entitled to immunity from suit over allegations that they failed to ensure trial prosecutors were aware that a jailhouse informant was to receive immunity for testifying? U.S. Supreme Court. Van de Kamp  v. Goldstein, No. 07-854. Certiorari granted April 14, 2008. Ruling below: 481 F.3d 1170 (9th Cir. 2007.)

Does the doctrine of qualified immunity shield federal officials from lawsuits alleging racial and religious discrimination against individuals detained after the attacks of Sept. 11? U.S. Supreme Court. Ashcroft v. Iqbal, No. 07-1015. Certiorari granted. June 16, 2008. Ruling below: 490 F.3d 143 (2nd Cir. 2007).

Do prisoners sentenced under state law have the right to federally-appointed and funded legal counsel to pursue clemency actions under the Terrorist Death Penalty Enhancement Act of 2005? U.S. Supreme Court. Harbison v. Bell, No. 07-8521. Certiorari granted June 23, 2008. Ruling below: 503 F.3d 566 (6th Cir. 2007).

During a minor traffic stop, may an officer conduct a pat-down search of a passenger when the officer believes the passenger might be armed and presently dangerous, but has no reasonable grounds to believe that the passenger is committing or has committed a criminal offense? Click here for the Lawyers USA story. U.S. Supreme Court. Arizona v. Johnson, No. 07-1122. Certiorari granted June 23, 2008. Ruling below: 170 P.3d 667 (Ariz. Ct. App. 2007).

Can police officers, for qualified immunity purposes, enter a home without a warrant on the theory that the owner consented to the entry by previously permitting an undercover informant to enter the home? U.S. Supreme Court. Pearson v. Callahan, No. 07-751. Certiorari granted March 24, 2008. Ruling below: 494 F.3d 891 (10th Cir. 2007). Click here to read the Lawyers USA story.

Is a sexual harassment claim brought by a student under 42 U.S.C. §1983 precluded by another claim under Title IX based on the same allegation? U.S. Supreme Court. Fitzgerald v. Barnstable School Committee, No. 07-1125. Certiorari granted June 9, 2007. Ruling below: 504 F.3d 165 (1st Cir. 2007).

Does a state law prohibiting state courts from hearing civil claims against state correctional officers violate the Supremacy Clause by barring claims brought under 42 U.S.C. §1981? U.S. Supreme Court. Haywood v. Drown, No. 07-10374. Certiorari granted June 16, 2008. Ruling below: 9 N.Y.3d 481 (N.Y. 2007).

What effect must a federal court give a final, non-collusive state court judgment adjudicating ownership of property in determining a taxpayer's federal income tax liability arising from that property? Boulware v. United States, No. 06-1509. Certiorari granted Sept. 25, 2007. Ruling below: 470 F.3d 931 (9th Cir. 2006).

Does an Indiana statute requiring in-person voters to produce government-issued picture identification before they may vote violate the First and Fourteenth Amendments? Crawford v. Marion City Election Board, No. 07-21, consolidated with Indiana Democratic Party v. Rokita, No. 07-25. Certiorari granted Sept. 25, 2007. Ruling below: 484 F.3d 436 (7th Cir. 2007).