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Grants of Certiorari

ARBITRATION

Can the broad language of an arbitration clause implicitly authorize class arbitration? See “Does broad arbitration clause encompass class actions?” Oxford Health Plans v. Sutter, No. 12-135. Certiorari granted:  Dec. 7, 2012. Ruling below: 675 F.3d 215 (3rd Cir. 2012).

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CONSUMER PROTECTION

Does federal law deregulating the trucking industry preempt state consumer protection and tort claims alleging the wrongful disposal of a towed vehicle? See “Justices to decide if claims against towing company preempted” Dan’s City Used Cars v. Pelkey, No. 12-52. ...

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SAME-SEX MARRIAGE

Does the Equal Protection Clause of the Fourteenth Amendment prohibit the State of California from defining marriage as the union of a man and a woman? See “Justices take up California same-sex marriage ban.” Hollingsworth v. Perry, No. 12-144.Certiorari granted:  ...

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SAME-SEX MARRIAGE

Does Section 3 of the Defense of Marriage Act violate the Fifth Amendment’s guarantee of equal protection of the laws as applied to same-sex couples legally married under state law? See “Justices agree to hear Defense of Marriage Act case.” ...

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ANTITRUST

Are reverse-payment agreements between brand name and generic drug companies per se unlawful or presumptively anticompetitive? FTC v. Watson Pharmaceuticals, No. 12-416.Certiorari granted:  Dec. 7, 2012. Ruling below: 677 F.3d 1298 (11th Cir. 2012).

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PATENT LAW

Are human genes patentable? Assoc. for Molecular Pathology v. Myriad Genetics, No. 12-398.Certiorari granted:  Nov. 30, 2012. Ruling below: 653 F.3d 1329 (Fed. Cir. 2011).

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FEDERAL PREEMPTION

Does federal law preempt state law design defect claims targeting generic pharmaceutical products? See “Justices to rule on preemption of drug design defect claims.” Mutual Pharmaceutical Co. v. Bartlett, No. 12-142. Certiorari granted:  Nov. 30, 2012. Ruling below: 678 F.3d ...

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ATTORNEY FEES

Is an individual whose petition under the National Vaccine Injury Compensation Program was dismissed as untimely eligible for an award of attorney fees and costs from the United States? See “Justices to consider attorney fees in vaccine case.” Sebelius v. ...

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TAKINGS CLAUSE

May a party raise the Takings Clause as a defense to a “direct transfer of funds mandated by the Government” or must it bring a separate Tucker Act claim for later reimbursement? Horne v. U.S. Department of Agriculture, No. 12-123.Certiorari ...

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ARBITRATION

Does the Federal Arbitration Act permit courts to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal law claim? See “Justices to consider anti-class arbitration pact.” American Express v. Italian Colors Restaurant, No. ...

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