Sup. Ct argument for Oct, Nov, and Dec.

I am listing the 3 released calendars for this year.  If you are interested in a specific case, please let me know and I will make sure to follow it closely and report on it.

October calendar, day by day:

Mon., Oct. 1

10-1491 — Kiobel v. Royal Dutch Petroleum — application of Alien Tort Statute to human rights abuses on foreign soil; if the ATS is found to extend beyond the U.S., the issue will be whether aliens may sue corporations in U.S. courts for such overseas abuses

11-626 — Lozman v. City of Riviera Beach — definition of “vessel” for maritime law as applied to a floating structure not capable of navigation

Tues., Oct. 2:

11-184 — Kloeckner v. Solis (Labor Secretary) – appeal rights of federal government worker claiming discrimination in the workplace

11-192 — U.S. v. Bormes — liability of federal government for illegal disclosure of private credit information about a private citizen

Wed., Oct 3:

11-465 — Johnson v. Williams — federal habeas court duty to defer to state court ruling on a federal constitutional issue, if the state court has ruled without mentioning the issue (grant limited to Question 1)

11-597 — Arkansas Game & Fish Commission v. U.S. — government liability for damage from flooding following release of water from a federal dam; “takings” issue (Justice Elena Kagan is recused)

Tues., Oct. 9:

11-218 — Tibbals v. Carter — delay of habeas case until mental competency is regained

11-930 — Ryan v. Gonzales — delay of habeas case until mental competency is regained (The issue is the same, but the cases are not consolidated for argument and decision.)

Wed., Oct. 10:

11-702 — Moncrieffe v. Holder — state law conviction for possessing small amount of marijuana as a basis for deportation

11-345 — Fisher v. University of Texas — constitutionality of using race as a factor in admissions to public colleges and universities (Justice Kagan is recused)


November calendar, day by day:

Mon., Oct. 29:

11-1029 — Clapper v. Amnesty International USA — right to sue to challenge constitutionality of global terrorism wiretapping program

11-697 — Kirtsaeng v. John Wiley & Sons, Inc. — right to bring into the U.S. for resale a copyrighted item purchased abroad

Tues., Oct. 30:

11-820 — Chaidez v. U.S. — retroactivity of Padilla v. Kentucky on required legal advice to immigrants facing deportation after committing a crime

11-770 — Bailey v. U.S. — whether, if police have a warrant to search a home, they may detain the suspect elsewhere while they do the search

Wed., Oct. 31:

11-564 — Florida v. Jardines — scope of Fourth Amendment application to police use of a drug-sniffing dog on the exterior of a private home (grant limited to Question 1)

11-817 — Florida v. Harris — drug-sniffing dog’s “alert” as probable cause to search a car or truck

Mon., Nov. 5:

11-864 — Comcast v. Behrend — court power to allow a class-action lawsuit if the possibility of class-wide damages award is in doubt (grant limited to question as rewritten by the Court)

11-1085 – Amgen Inc. v. Connecticut Retirement Plans — proof needed by investors in order to take advantage of a short-cut method of pursuing a securities fraud claim by a class-action lawsuit

Tues., Nov. 6 (this is election day, but the Court will hold arguments as usual):

11-8976 — Smith v. U.S. — does the prosecution or defense have the burden of proving to a jury whether an accused withdrew from a conspiracy and thus could not be prosecuted for a role in the plot

11-1327 — Evans v. Michigan — does a judge’s directed verdict of acquittal in mid-trial, based on a legal error, bar a new trial because of double jeopardy

Wed., Nov. 7:

11-982 — Already LLC v. Nike, Inc. — scope of federal judge’s authority to rule on the validity of a federally registered trademark

11 -1175 — Marx v. General Revenue Corp. — right of debt collector under federal law to recover its court costs if it wins a lawsuit against it over its collection practices (grant limited to Question 1)


December calendar, day by day:

Mon., Nov. 16

11-1160 – FTC v. Phoebe Putney Health Sys, – whether Georgia clearly articulated and affirmatively expressed a state policy to displace competition in the market for hospital services, and whether the state policy would be sufficient to validate the anticompetitive conduct in this case

11-556 – Vance v. Ball State Univ. – whether the Faragher/Ellerth supervisor liability rule applies to (1) harassment by those whom the employer vests with authority to direct and oversee their victim’s fail work, or (ii) is limited to those harassers who have the power to hire, fire, demote, promote, transfer, or discipline their victim

Tues., Nov. 27

11-1285 – US Airways, Inc. v. McCutchen – Whether ERISA 502(a)(3) authorizes courts to use equitable principles to rewrite contractual language and refuse to order participants to reimburse their plan for benefits paid, even when the plan’s terms give it an absolute right to full reimbursement

Wed., Nov. 28

11-9307 – Henderson v. United States – whether the appellate court may correct a trial court’s plain error when the issue is unsettled at trial, but clarified when the appeal is pending.

Mon., Dec. 3

11-1059 – Genesis Healthcare Corp. v. Symczyk – whether a case becomes moot when the lone plaintiff receives an offer from defendants to satisfy all of the plaintiff’s claims

11-338 – Decker v. Nw. Envt’l Defense Ctr. – Whether a citizen may bypass judicial review of an NPDES permitting rule under 33 USC 1369 and instead challenges the validity of the rule in a citizen suit to enforce the CWA; and whether stormwater from logging roads is industrial stormwater under the CWA and EPS’s rules

11-347 – Georgia-Pacific W. v. Nw. Env’l Ctr. – Whether the government should defer to EPA’s interpretation that stormwater discharges are not industrial stormwaters subject to NPDES

Tues., Dec. 4

11-1231 – Sebelius Sec. of H&Hs v. Auburn Regional Medical – whether the 180 statute of limitations for filing an appeal with the Provider Reimbursement Review Board is subject to equitable tolling

11-460 – Los Angeles Cty. Floor Control v. Natural Resources – whether there is a “discharge” from an “outfall” under the Clean Water Act when there is a transfer of water from a river to an engineered improvement (second question only)

Wed., Dec. 5

11-1347 – Chafin v. Chafin – Whether an appeal becomes moot when the child is returned to his/her country of habitual residence under the Petition for Return of Children pursuant to International Child Abduction Remedies Act and the Hague Convention


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