Petitions of the day

Petitions of the dayThe petitions of the day are: Correctional Medical Services, Inc. v. Glisson 16-1406 Issues: (1) Whether the U.S. Court of Appeals for the 7th Circuit’s en banc majority opinion substantially departed from the Supreme Court’s precedents established by Monell v. Department of Social Services by authorizing the imposition of corporate liability on a prison medical provider under 42 U.S.C. […]

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Petitions of the day

The petitions of the day are:

16-1406

Issues: (1) Whether the U.S. Court of Appeals for the 7th Circuit’s en banc majority opinion substantially departed from the Supreme Court’s precedents established by Monell v. Department of Social Services by authorizing the imposition of corporate liability on a prison medical provider under 42 U.S.C. § 1983 and the Eighth Amendment without requiring any evidence of either culpability for deliberate indifference on the part of the provider, or any causal connection between the provider’s alleged failure to implement the policy and the deprivation of federal rights; and (2) whether the U.S. Court of the Appeals for the 7th Circuit’s en banc majority opinion and its reliance on cases from the U.S. Court of Appeals for the 9th and 3rd Circuits, which deviate from the requirements of all other federal appellate courts on the standard of municipal liability under 42 U.S.C. § 1983 and the Eighth Amendment, as established by Monell, justifies review by the Supreme Court to reconcile those authorities and clarify that standard.

16-1454

Issue: Whether, under the “rule of reason,” the Government’s showing that American Express’s anti-steering provisions stifle price competition on the merchant side of the credit card platform suffices to prove anti-competitive effects and thereby shifts the burden of establishing any procompetitive benefits from the provisions to American Express.

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