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Grants of Certiorari

ERISA

Can a court apply equitable principles to rewrite contractual language in an ERISA plan, and refuse to order a plan to be reimbursed for medical bills from a participant’s personal injury suit? See “Can courts rewrite contractual language in an ...

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CLEAN WATER ACT

Does a “discharge” from an “outfall” occur pursuant to the Clean Water Act when water flows from one portion of a river through a concrete channel or other engineered improvement as part of a municipal storm sewer system into a ...

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SENTENCING

May a defendant who seeks to overturn his sentence based on plain error benefit from a change in the law that occurred after his conviction? See “Supreme Court court to examine plain error standard” Henderson v. U.S., No. 11-9307. Certiorari ...

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EMPLOYMENT

Did an employer succeed in mooting a wage-and-hour collective action by extending to the lone named plaintiff a settlement offer satisfying all of her claims? See “Justices to decide if employer mooted wage claim” Genesis Healthcare v. Symczyk, No. 11-1059. ...

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CRIMINAL

Does the government bear the burden of proving that a defendant did not withdraw from a criminal conspiracy prior to the statute of limitations period once he produces evidence at trial that he did withdraw?

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SECURITIES FRAUD

Must plaintiffs prove materiality to certify a fraud-on-the-market case for class status, and may the defendant present evidence rebutting the applicability of the fraud-on-the-market theory before the certification stage? See “Justices take up fraud-on-the-market case” U.S. Supreme Court. Amgen Inc. ...

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DOUBLE JEOPARDY

Does the Double Jeopardy Clause bar retrial where a trial judge erroneously held a particular fact to be an element of the charged offense and then directed a verdict in the defendant’s favor? See “Justices to decide if wrongly-acquitted defendant ...

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SEARCH AND SEIZURE

Can police detain a suspect who exited a residence that officers were about to search and then drove away from the area? See “Justices to decide if suspect who leaves area before search can be detained” Bailey v. U.S., No. ...

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DEBT COLLECTION

Can a prevailing defendant in a Fair Debt Collection Practices Act case be awarded costs without a finding that the lawsuit was brought in bad faith and for the purpose of harassment? See “Justices to decide if FDCPA defendant can ...

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STANDING

Do non-citizens have Article III standing to prospectively challenge a law allowing the government to obtain foreign intelligence information about them? Clapper v. Amnesty International USA, No. 11-1025.Certiorari granted:  May 21, 2012. Ruling below: 638 F.3d 118. (2nd Cir. 2010).

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