Petitions of the day

Petitions of the dayThe petitions of the day are: Lagos v. United States 16-1519 Issue: Whether 18 U.S.C. § 3663A(b)(4) covers costs for reimbursement under the Mandatory Victims Restitution Act that were “neither required nor requested” by the government, including costs incurred for the victim’s own purposes and unprompted by any official government action. M-I, LLC v. Syed 16-1524 Issues: (1) […]

The post Petitions of the day appeared first on SCOTUSblog.

Petitions of the day

The petitions of the day are:

16-1519

Issue: Whether 18 U.S.C. § 3663A(b)(4) covers costs for reimbursement under the Mandatory Victims Restitution Act that were “neither required nor requested” by the government, including costs incurred for the victim’s own purposes and unprompted by any official government action.

16-1524

Issues: (1) Whether an “informational injury” satisfies the article III standing requirement of real-world harm articulated in Spokeo v. Robins, where the plaintiff alleges at most a bare procedural violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681b; and (2) whether a bare procedural violation of a statute may be deemed “willful”—i.e. knowing and reckless—under Safeco Insurance Company of America v. Burr, where no risk of harm resulted from the alleged violation.

The post Petitions of the day appeared first on SCOTUSblog.

from http://www.scotusblog.com

Petitions of the day

Petitions of the dayThe petitions of the day are: Hernandez v. Crespo 16-1458 Issue: Whether the Federal Arbitration Act pre-empts a state law that dictates onerous terms and conditions which must be included in private arbitration agreements between physicians and patients, and invalidates all agreements that do not contain those terms and conditions. Arizona v. Martinez 16-1489 Issues: (1) Whether the […]

The post Petitions of the day appeared first on SCOTUSblog.

Petitions of the day

The petitions of the day are:

16-1458

Issue: Whether the Federal Arbitration Act pre-empts a state law that dictates onerous terms and conditions which must be included in private arbitration agreements between physicians and patients, and invalidates all agreements that do not contain those terms and conditions.

16-1489

Issues: (1) Whether the Arizona Supreme Court erred in stretching the “overbreadth” test for facial unconstitutionality beyond the First Amendment context to strike down a bail restriction based on an application of the law not present in this case; and (2) whether the Arizona Supreme Court erred in applying heightened scrutiny—one standard among five used in the lower courts—to strike down a state regulatory measure that denies bail if a judge, after a full adversarial hearing, finds clear proof that the arrestee raped a child.

The post Petitions of the day appeared first on SCOTUSblog.

from http://www.scotusblog.com

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. […]

The post Petitions of the day appeared first on SCOTUSblog.

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.

The post Petitions of the day appeared first on SCOTUSblog.

from http://www.scotusblog.com

Petitions of the day

Petitions of the dayThe petitions of the day are: Supreme Court of New Mexico v. United States 16-1323 Issue: Whether Rule 16-308(E) of the New Mexico Rules of Professional Conduct is pre-empted with respect to federal prosecutors in the context of grand jury proceedings. United States v. Supreme Court of New Mexico 16-1450 Issue: Whether the U.S. Court of Appeals for […]

The post Petitions of the day appeared first on SCOTUSblog.

Petitions of the day

The petitions of the day are:

16-1323

Issue: Whether Rule 16-308(E) of the New Mexico Rules of Professional Conduct is pre-empted with respect to federal prosecutors in the context of grand jury proceedings.

16-1450

Issue: Whether the U.S. Court of Appeals for the 10th Circuit erred in holding that New Mexico Rule of Professional Conduct 16-308(E)—which states that a prosecutor shall not “subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present clients unless the prosecutor reasonably believes,” among other things, that “the evidence sought is essential to the successful completion of an ongoing investigation or prosecution” and that “there is no other feasible alternative to obtain the information”—may be applied to federal prosecutors serving subpoenas outside the grand jury context.

The post Petitions of the day appeared first on SCOTUSblog.

from http://www.scotusblog.com

Petitions of the Day

Petitions of the DayThe petitions of the day are: Encino Motorcars, LLC v. Navarro 16-1362 Issue: Whether service advisors at car dealerships are exempt under 29 U.S.C. § 213(b)(10)(A) from the Fair Labor Standards Act’s overtime-pay requirements. Vaughan v. Anderson Regional Medical Center 16-1386 Issue: Whether a plaintiff who has been retaliated against under 29 U.S.C. § 623(d) of the Age […]

The post Petitions of the Day appeared first on SCOTUSblog.

Petitions of the Day

The petitions of the day are:

16-1362

Issue: Whether service advisors at car dealerships are exempt under 29 U.S.C. § 213(b)(10)(A) from the Fair Labor Standards Act’s overtime-pay requirements.

16-1386

Issue: Whether a plaintiff who has been retaliated against under 29 U.S.C. § 623(d) of the Age Discrimination in Employment Act is able to seek compensatory and punitive damages as potential remedies for her claim.

 

The post Petitions of the Day appeared first on SCOTUSblog.

from http://www.scotusblog.com

Petitions of the Day

Petitions of the DayThe petitions of the day are: Bahlul v. United States 16-1307 Issues: (1) Whether military commissions’ assumption of the federal courts’ subject-matter jurisdiction over wholly domestic crimes, such as conspiracy, violates Article III’s reservation of the “trial of all crimes” to the judiciary; (2) whether the Military Commissions Act’s codification of crimes not otherwise recognized as war […]

The post Petitions of the Day appeared first on SCOTUSblog.

Petitions of the Day

The petitions of the day are:

16-1307

Issues: (1) Whether military commissions’ assumption of the federal courts’ subject-matter jurisdiction over wholly domestic crimes, such as conspiracy, violates Article III’s reservation of the “trial of all crimes” to the judiciary; (2) whether the Military Commissions Act’s codification of crimes not otherwise recognized as war crimes under international law was intended to apply retroactively and, if so, whether that violates the ex post facto clause; and (3) whether the Military Commissions Act’s establishment of a segregated criminal justice system in which only non-citizens are subject to military commission jurisdiction violates the constitutional guarantee of equal justice under law.

16-8966

Issues: (1) Whether the majority of the U.S. Court of Appeals for the District of Columbia Circuit erred in extending the doctrine associated with Schlessinger v. Councilman to trial by military commission, when doing so foreclosed a core habeas corpus claim; (2) whether the “extraordinary circumstances” exception to abstention is met when a capital defendant can show that trial will cause irreparable injuries that flow directly from respondents’ own misconduct and, in particular, respondents’ decision to subject him to years of “physical, psychological, and sexual torture”; and (3) whether the U.S. Court of Appeals for the D.C. Circuit’s uniquely restrictive standard, whereby any “open question” of law is categorically unreviewable via mandamus, is inconsistent with the All Writs Act.

The post Petitions of the Day appeared first on SCOTUSblog.

from http://www.scotusblog.com

Petitions of the Day

Petitions of the DayThe petitions of the day are: Brown v. Haas 16-1373 Issues: (1) Whether a twenty-five month delay, during which the government negligently forgot about the defendant and lost important evidence, gives rise to a presumption of prejudice under Doggett v. United States; and (2) whether, to establish actual prejudice, a defendant must merely show that his defense was […]

The post Petitions of the Day appeared first on SCOTUSblog.

Petitions of the Day

The petitions of the day are:

16-1373

Issues: (1) Whether a twenty-five month delay, during which the government negligently forgot about the defendant and lost important evidence, gives rise to a presumption of prejudice under Doggett v. United States; and (2) whether, to establish actual prejudice, a defendant must merely show that his defense was impaired as a result of the delay (as the Supreme Court, along with the U.S. Court of Appeals for the 9th, 10th, and 11th Circuits have held), or whether he must effectively demonstrate a likelihood that the outcome at trial would have been different but for the delay (as the U.S. Court of Appeals for the 5th, 6th, and 7th Circuits have held).

16-1400

Issues: (1) Whether the Uniformed Services Employment and Reemployment Rights Act specifically provides authority to the Merit Systems Protection Board to inquire as to the existence of a discriminatory pretext in the revocation of an employee’s security clearance; (2) whether, where the employee alleges the revocation of the security clearance is for a discriminatory pretext, the inquiry as to the existence of this discriminatory pretext improperly intrudes upon the “merits” of the Executive’s security clearance determination; and (3) whether the Merit Systems Protection Board can then provide a remedy under the Uniformed Services Employment and Reemployment Rights Act to an employee whose security clearance was revoked in violation of the Act.

The post Petitions of the Day appeared first on SCOTUSblog.

from http://www.scotusblog.com

Petitions of the Day

Petitions of the DayThe petitions of the day are: Currier v. Supreme Court of Virginia 16-1348 Issue: Whether a defendant who consents to severance of multiple charges into sequential trials loses his right under the double jeopardy clause to the issue-preclusive effect of an acquittal. Kelly v. Preap 16-1363 Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 […]

The post Petitions of the Day appeared first on SCOTUSblog.

Petitions of the Day

The petitions of the day are:

16-1348

Issue: Whether a defendant who consents to severance of multiple charges into sequential trials loses his right under the double jeopardy clause to the issue-preclusive effect of an acquittal.

16-1363

Issue: Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.

The post Petitions of the Day appeared first on SCOTUSblog.

from http://www.scotusblog.com

Petitions of the Day

Petitions of the DayThe petitions of the day are: Nosal v. United States 16-1344 Issue: Whether a person who obtains an account holder’s permission to access a computer nevertheless “accesses a computer without authorization” in violation of the Computer Fraud and Abuse Act when he acts without permission from the computer’s owner. Kibler v. Hall 16-1365 Issues: (1) Whether the courts […]

The post Petitions of the Day appeared first on SCOTUSblog.

Petitions of the Day

The petitions of the day are:

16-1344

Issue: Whether a person who obtains an account holder’s permission to access a computer nevertheless “accesses a computer without authorization” in violation of the Computer Fraud and Abuse Act when he acts without permission from the computer’s owner.

16-1365

Issues: (1) Whether the courts below erred by balancing the trademark likelihood of confusion factors as an issue of law rather than a question of fact, contrary to the Supreme Court’s analysis in Hana Financial Inc. v. Hana Bank and the majority of circuits; and (2) whether the U.S. Court of Appeals for the 6th Circuit erred by affirming summary judgment against petitioner where it applied the wrong standard of review for balancing the trademark likelihood of confusion factors.

 

The post Petitions of the Day appeared first on SCOTUSblog.

from http://www.scotusblog.com

Petitions of the Day

Petitions of the DayThe petitions of the day are: Bolden v. Missouri 16-1308 Issue: Whether, when a defendant is deprived of his Sixth Amendment right to counsel at a pretrial competency proceeding, the appropriate remedy is reversal of his conviction. Victaulic Co. v. United States 16-1398 Issues: (1) Whether a qui tam realtor’s complaint under the False Claims Act satisfies Federal […]

The post Petitions of the Day appeared first on SCOTUSblog.

Petitions of the Day

The petitions of the day are:

16-1308

Issue: Whether, when a defendant is deprived of his Sixth Amendment right to counsel at a pretrial competency proceeding, the appropriate remedy is reversal of his conviction.

16-1398

Issues: (1) Whether a qui tam realtor’s complaint under the False Claims Act satisfies Federal Rule of Civil Procedure 9(b) by alleging nothing more than the opportunity for fraud, as held by the U.S. Court of Appeals for the 3d Circuit, or whether Rule 9(b) instead requires allegations of actual false claims, as held by the U.S. Courts of Appeals for the 4th, 6th, 8th, and 11th Circuits, or allegations of particular details of a scheme paired with reliable indicia of a false claim, as held by the U.S. Courts of Appeals for the 1st, 5th, 7th, 9th, 10th, and D.C. Circuits; and (2) whether an “obligation” under the False Claims Act includes contingent duties that arise only after the exercise of discretion by government actors, so that an alleged failure to pay contingent marking duties is actionable as a knowing and improper avoidance of an obligation to pay the government.

The post Petitions of the Day appeared first on SCOTUSblog.

from http://www.scotusblog.com