Case Index October Term 2009

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Below are the cases briefed on the merits during the October Term of 2009.

Contents

Reargued OT08

September 9

  1. Citizens United v. Federal Election Commission (08-205) — political speech of corporations

October 2009 Sitting

Mon., Oct. 5:

  1. Maryland v. Shatzer (08-680) — limits on police questioning after a suspect asks for a lawyer
  2. Mohawk Industries, Inc. v. Carpenter (08-678)) — right to appeal compelled disclosure of attorney-client communications

Tues., Oct. 6:

  1. United States v. Stevens (08-769) — government power to criminalize videos and other depictions of animal cruelty
  2. Johnson v. United States (08-6925) — battery as a “violent felony” for sentence enhancement
  3. Bloate v. United States (08-728) — calculation of time of pre-trial stages under federal Speedy Trial Act

Wed., Oct. 7:

  1. Salazar v. Buono (08-472) — right to sue to challenge a religious symbol on public lands
  2. Reed Elsevier v. Muchnick (08-103) — federal court power to approve settlement of a copyright dispute
  3. Union Pacific Railroad Co. v. Brotherhood of Locomotive Engineers (08-604) — scope of federal court review of arbitration in railroad and airline industries

Mon., Oct. 12 — legal holiday; no oral arguments

Tues., Oct. 13:

  1. Padilla v. Commonwealth of Kentucky (08-651) — effect of defense lawyer’s wrong advice on consequences of a guilty plea
  2. Smith v. Spisak (08-724) — unanimity of jury as an issue in finding mitigating evidence in a capital case
  3. South Carolina v. North Carolina (138 Original) — participation of non-parties in Original cases

Wed., Oct. 14:

  1. Alvarez v. Smith (08-351) — right to court hearing to challenge forfeiture for a drug crime
  2. Perdue v. Kenny A. (08-970) — right of attorneys who win a case to receive higher fees

November 2009 Sitting

Mon., Nov. 2:

  1. Jones v. Harris Associates (08-586) — standard of legality of investment advisors’ fees
  2. Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company (08-1008) — state courts’ power to limit class action lawsuits in federal courts
  3. Beard v. Kindler (08-992) — enforcement of state procedural rule in federal habeas

Tues., Nov. 3:

  1. NRG Power Marketing, LLC v. Maine Public Utilities Commission (08-674) — standard of legality of wholesale electric rates
  2. Schwab v. Reilly (08-538) — valuation of property a bankrupt debtor may retain
  3. Hemi Group, LLC v. City of New York (08-969) — city government right to use civil RICO lawsuit to collect cigarette taxes

Wed., Nov. 4:

  1. Pottawattamie County v. McGhee (08-1065) — liability of prosecutors for arranging false testimony
  2. Wood v. Allen (08-9156) — scope of federal court review of facts in state criminal proceeding

Mon., Nov. 9:

  1. Graham v. Florida (08-7412)— constitutionality of life prison sentence for juvenile convicted of a non-homicide crime
  2. Sullivan v. Florida (08-7621) — same basic issue as in Graham v. Florida; the Court, however, has not consolidated the cases for hearing or decision
  3. Bilski v. Kappos (08-964) — definition of modern inventions eligible for patents

Tues., Nov. 10:

  1. Kucana v. Holder (08-911) — judicial review of reopening of deportation or asylum case
  2. Hertz Corporation v. Friend (08-1107) — standard for determining company’s place of business for diversity jurisdiction

Wed., Nov. 11 — legal holiday; no arguments

December 2009 Sitting

Mon., Nov. 30:

  1. Graham County Soil & Water Conservation Dist. v. U.S. ex rel. Wilson (08-304) — scope of right to sue to recover false claims against the federal government
  2. Merck & Co., Inc. v. Richard Reynolds (08-905) — deadline for filing securities fraud lawsuit

Tues., Dec. 1:

  1. Milavetz, Gallop & Milavetz, P.A. v. United States; United States v. Milavetz, Gallop, & Milavetz, P.A. (08-1119 and 08-1225) — Congress’s power to bar attorneys from advising debtors to take on more debt before filing for bankruptcy
  2. United Student Aid Funds, Inc. v. Espinosa (08-1134) — standard for forgiving student loan debt in bankruptcy

Wed., Dec. 2:

  1. Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection (08-1151) — limits on state authority to restore storm-eroded beaches or lakefronts

Mon., Dec. 7:

  1. Free Enterprise Fund and Beckstead and Watts, LLP v. Public Company Accounting Oversight Board (08-861) — constitutionality of Sarbanes-Oxley Act’s creation of accounting review board
  2. Florida v. Powell (08-1175) — police duty to expand “Miranda warnings” before questioning suspect

Tues., Dec. 8:

  1. Black v. United States (08-876) — application of “honest services” fraud law to private conduct
  2. Weyhrauch v. United States (08-1196) — proof needed in state official’s “honest services” fraud trial

Wed., Dec. 9:

  1. Stolt-Nielsen S.A. v. AnimalFeeds International Corp. (08-1198) — scope of right to arbitrate as class action

January 2010 Sitting

Mon., Jan. 11:

  1. Alabama v. North Carolina (132 Original)
  2. Briscoe v. Virginia (07-11191) — Confrontation Clause, Melendez-Diaz

Tues., Jan. 12:

  1. United States v. Comstock (08-1224) — the constitutionality of continued imprisonment of a sex offender, after that individual has completed serving a prison sentence for the crimes
  2. Abbott v. Abbott (08-645) — scope of "rights of custody" for purposes of the Hague Convention on the Civil Aspects of International Child Abduction

Wed., Jan. 13:

  1. American Needle Inc. v. NFL (08-661) — the National Football League, its teams, and their licensing agent’s function as a single entity for purposes of the Sherman Act
  2. Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (08-1200) — application of “bona fide error” defense of the Fair Debt Collection Practices Act to mistakes of law

Mon., Jan. 18: Legal holiday; no arguments

Tues., Jan. 19:

  1. Mac’s Shell Service, Inc. v. Shell Oil Products Company; Shell Oil Products Company v. Mac’s Shell Service (08-240; 08-372) — the rights of service station operators to sue to challenge the loss, or non-renewal of their franchises from oil companies
  2. Granite Rock Company v. International Brotherhood of Teamsters (08-1214) — federal court’s jurisdiction to determine collective bargaining agreement formation

Wed., Jan. 20:

  1. Berghuis v. Smith (08-1402) — the proper test to assess the fairness of community representation on a jury
  2. Conkright v. Frommert (08-810) — the proper standard of review for an ERISA denial-of-benefits case

February 2010 Sitting

Mon., Feb. 22:

  1. Astrue v. Ratliff (08-1322) — attorneys’ fees award from a case against the government used to cover a separate debt owed to the government
  2. Lewis v. City of Chicago (08-974) -- deadline for complaint about the use of an employment test that has a stronger negative impact on minority applicants

Tues., Feb. 23:

  1. Holder v. Humanitarian Law Project (08-1498; 09-89) — constitutionality of law prohibiting “material support” to designated terrorist groups
  2. United States v. O’Brien and Burgess (08-1569) — trial findings on a weapon that triggers a higher criminal sentence

Wed., Feb. 24:

  1. Carr v. United States (08-1301) — Ex Post Facto Clause application to sex offender registration law
  2. United States v. Marcus (08-1341) — validity of conviction based in part on conduct before criminal law enacted

Mon., March 1:

  1. Berghuis v. Thompkins (08-1470) — Miranda, police persuasion of an individual in custody
  2. Holland v. Florida (09-5327) — extended time to file habeas plea due to defense lawyer's negligence in capital case
  3. Skilling v. United States (08-1394) — constitutionality and scope of "honest services" fraud law; also, effect of pre-trial publicity

Tues., March 2:

  1. McDonald v. City of Chicago (08-1521) — incorporation of Second Amendment against the states
  2. Hui v. Castaneda (08-1529; 08-1547) — “Bivens actions” against doctors and nurses in federal medical facilities over flaws in medical care claimed to violate patients’ constitutional rights

Wed., March 3:

  1. Samantar v. Yousuf (08-1555) — Alien Tort Statute
  2. Health Care Service Corp. v. Pollitt (09-38) — preemption of state court lawsuits over loss of benefits to federal government employee

March 2010 Sitting

Mon., March 22:

  1. Hamilton, Chapter 13 Trustee v. Lanning (08-998) — the formula for how much a debtor has available to pay creditors who hold no security
  2. Levin, Tax Commissioner of Ohio v. Commerce Energy, Inc. (09-223) — lawsuits in federal court that could intrude on state tax systems

Tues., March 23:

  1. Kiyemba v. Obama (08-1234) — the release of Guantanamo prisoners to live in the United States
  2. New Process Steel v. National Labor Relations Board (08-1457) — the National Relations Board quorum

Wed., March 24:

  1. Kawasaki Kisen Kaisha v. Regal-Beloit Corporation; Union Pacific Railroad Company v. Regal-Beloit Corporation (08-1553 and 08-1554) — application of federal law to terms of shipment agreements between cargo carriers and their customers
  2. Magwood v. Culliver (09-198) — successive habeas claims

Mon., March 29:

  1. Morrison v. National Australia Bank (08-1191) — lawsuits for market fraud by foreign investors
  2. Renico v. Lett (09-338) — habeas claims on double jeopardy grounds after a mistrial

Tues., March 30:

  1. Dillon v. United States (09-6338) — authority of federal judges, in setting a new prison sentence, to go below Guideline range
  2. Barber v. Thomas (09-5201) — definition of federal law on "good time credits" for federal inmates

Wed., March 31:

  1. Carachuri-Rosendo v. Holder (09-60) — challenge to deportation of resident alien for multiple convictions for drug possession, if there is no repeat offender charge
  2. Robertson v. U.S. ex rel. Watson (08-6261) — right of private individual to pursue criminal prosecution for contempt of D.C. local court

Unscheduled 2010

  1. Christian Legal Society v. Martinez (09-1371) — funding for religious student organizations that require members to share their religious views
  2. City of Ontario v. Quon (08-1332) — right of privacy for public employee's text messages by electronic pagers
  3. Dolan v. United States (09-367)
  4. Krupski v. Costa Crociere (09-337)
  5. Hardt v. Reliance Standard Life Insurance Co. (09-448)
  6. Monsanto Company v. Geertson Seed Farms (09-475)
  7. Rent-A-Center v. Jackson (09-497)
  8. Doe v. Reed (09-559)
  9. Abbott v. United States; Gould v. United States (09-479; 09-7073)

Decided Without Argument 2010

  1. McDaniel v. Brown (08-559) — standard for federal habeas review of strength of evidence
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