LawyersUSA

Is the use of age as a factor in a retirement plan facially discriminatory in violation of the Age Discrimination in Employment Act? Kentucky Retirement Systems v. EEOC, No. 06-1037. Certiorari granted Sept. 25, 2007. Ruling below: 467 F.3d 571 (6th Cir. 2006). Click here to read the Lawyers USA story.

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 an employee alleging disparate impact under the ADEA bear the burden of persuasion on a "reasonable factors other than age" defense? U.S. Supreme Court. Meacham v. Knolls Atomic Power Laboratory, No. 06-1505. Certiorari granted Jan. 18, 2008. Ruling below: at 461 F.3d 134 (2nd Cir. 2006)

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).

Does an amendment to the Bipartisan Campaign Reform Act easing campaign finance limits for opponents of congressional candidates spending more than $350,000 of their personal cash violate the First or Fifth Amendments? U.S. Supreme Court. Davis v. Federal Election Commission, No. 07-320. Direct review granted Jan. 11, 2008. Ruling below: No. 06-01185 (D.C. Cir. 2007)

Does the Eighth Amendment's "cruel and unusual punishment" prohibition bar capital punishment as a sentence for rape of a child? U.S. Supreme Court. Kennedy v. Louisiana, No. 07-343. Certiorari granted Jan. 4, 2007. Ruling below: 957 So. 2d 757 (La. 2007).

Does the plaintiff have standing as an assignee where the plaintiff has no personal stake in the case and is only litigating on behalf of assignors? U.S. Supreme Court. Sprint Communications Co. v. APCC Services, No. 07-552. Certiorari granted Jan. 4, 2007. Ruling below: 489 F.3d 1249. (D.C. 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)

Is race retaliation a cognizable claim under 42 U.S.C. Sect. 1981? CBOCS West, Inc. v. Humphries, No. 06-1431. Certiorari granted Sept. 25, 2007. Ruling below: 474 F.3d 387 (7th Cir. 2007). Click here to read the Lawyers USA story.

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 defendant who admitted killing his ex-girlfriend forfeit his right to confront her about her statements on a previous domestic incident? U.S. Supreme Court. Giles v. California, No. 07-6053. Certiorari granted Jan. 11, 2007. Ruling below: 40 Cal. 4th 833 (Cal. 2007). Click here to read the Lawyers USA story.

Does the Sixth Amendment right to counsel attach if a magistrate judge finds probable cause and orders a person to jail pending the posting of bond? Supreme Court. Rothgery v. Gillespie County, Texas., No. 07-440. Certiorari granted Dec. 3, 2007. Ruling below: 491 F.3d 291 (5th Cir. 2007).

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).

May a federal court of appeals increase a criminal defendant's sentence sua sponte and in the absence of a cross-appeal by the government? U.S. Supreme Court. Greenlaw v. U.S., No. 07-330. Certiorari granted Jan. 4, 2007. Ruling below: 481 F.3d 601(8th 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).

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.

Can a state worker sue her employer claiming that she was treated differently than other similarly situated employees based on the "class of one" theory of equal protection? U.S. Supreme Court. Engquist v. Oregon Department of Agriculture, No. 07-474. Certiorari granted. Jan. 11, 2008. Ruling below: 478 F.3d 985 (9th Cir. 2007). 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 Federal Energy Regulatory Commission retroactively undo energy contracts absent a showing of public necessity? Morgan Stanley Capital Group v. Public Utility District 1, No. 06-1457, consolidated with Calpine Energy Services v. Public Utility District 1, No. 06-1462. Certiorari granted Sept. 25, 2007. Ruling below: 471 F.3d 1053 (9th Cir. 2006).

Does the fact that a claim administrator of an ERISA plan also funds the plan benefits constitute a "conflict of interest" and, if so, how should that conflict be taken into account on judicial review of a discretionary benefit determination? U.S. Supreme Court. Metlife v. Glenn, No. 06-923. Certiorari granted. Jan. 18, 2008. Ruling below: 461 F. 3d 660 (6th Cir. 2006)

Is a plaintiff asserting a cause of action under Sect. 3729(a)(2) or Sect. 3729(a)(3) of the False Claims Act required to prove that a false claim was submitted to the federal government, or is it sufficient to establish that the claim was paid using federal funds? Allison Engine Co. v. U.S., No. 07-214. Certiorari granted Oct. 29, 2007. Ruling below: 471 F.3d 610 (6th. Cir. 2006).

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).

Does the Foreign Services Immunities Act protect the Republic of the Philippines and its agent from a suit to recover assets wrongfully acquired by Ferdinand Marcos during his term in office? U.S. Supreme Court. Republic of the Philippines v. Pimentel, No. 07-1240. Certiorari granted Dec. 3, 2007. Ruling below: 309 F.3d 1143 (9th Cir. 2002).

Can a party be precluded from bringing a FOIA claim under a theory of "virtual representation" when the party had no legal relationship with any party to the previous litigation and did not receive notice of that litigation? U.S. Supreme Court. Taylor v. Sturgell, No. 07-6053. Certiorari granted Jan. 11, 2008. Ruling below: 490 F.3d 965 (D.C. 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).

Do Indian tribal courts have subject-matter jurisdiction over a claim arising from a transaction between a tribe member and a non-member bank owning land on a reservation? U.S. Supreme Court. Plains Commerce Bank v. Long Family Land & Cattle, No. 07-411. Certiorari granted Jan. 4, 2007. Ruling below: 491 F.3d 878 (8th 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.)

When can punitive damages be imposed against a ship owner under maritime law? Exxon Shipping Co. v. Baker, No. 07-219. Certiorari granted Oct. 29, 2007. Ruling below: 490 F.3d 1066 (9th Cir. 2007). Click here to read the Lawyers USA story.

Is reliance a required element of a RICO claim predicated on mail fraud and, if so, must that reliance be by the plaintiff? U.S. Supreme Court. Bridge v. Phoenix Bond & Indemnity Co., No. 07-210. Certiorari granted Jan. 4, 2007. Ruling below 477 F.3d 928 (7th Cir. 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.

Must a sentencing judge give both sides notice in advance of imposing a criminal sentence that varies upward from the sentencing guidelines? U.S. Supreme Court. U.S. v. Irizarry, No. 06-7517. Certiorari granted Jan. 4, 2007. Ruling below: 458 F.3d 1208 (11th Cir. 2006). Click here to read the Lawyers USA story.

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).