Supreme Court Docket
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October 2005
[
Download October 3-12, 2005 Argument Calendar PDF]
[
Download October 31, 2005 Argument Calendar PDF]
[
Click here for 2004 Docket]
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Monday, October 3
IBP, Inc. v. Gabriel Alvarez, et al.
No. 03-1238
Abdela Tum, et al. v. Barber Foods, Inc., dba Barber Foods
No. 04-66
Subject:
Questions:
- Whether walking that occurs between compensable clothes-changing time and the time
employees arrive at or depart from their actual work stations constitutes non-compensable
"walking . . . to and from the actual place of performance of the principal activity" within the
meaning of Section 4(a).
- Do employees have a right to compensation for time they must spend waiting at required
safety equipment distribution stations?
Decisions and Reports:
Resources:
- Docket Sheet - No. 03-1238 From
the U.S. Supreme Court.
- Docket Sheet - No. 04-66 From the
U.S. Supreme Court.
- Northwestern University -
Medill School of Journalism: On the Docket
Briefs:
Parties
Counsel of Record
For Petitioner IBP, Inc.:
Carter G. Phillips
Sidley Austin Brown & Wood LLP
Washington, DC
For Petitioners Tum, et al.
Thomas C. Goldstein
Goldstein & Howe, P.C.
Washington, DC
For Respondents Alvarez, et al.:
William Rutzick
Schroeter Goldmark & Bender
Seattle, WA
For Respondent Barber Foods:
Michael A. Duddy
Kelly, Remmel & Zimmerman
Portland, ME
Joan Wagnon, Secretary, Kansas Department of Revenue v. Prairie Band Potawatomi Nation
No. 04-631
Subject:
Native American Sovereignty, Immunities, Income, Fuel Taxes
Questions:
- When a State taxes the receipt of fuel by non-tribal distributors,
manufacturers and importers, and such receipt occurs off-reservation, does
the interest-balancing test in White
Mountain Apache Tribe v. Bracker, 448
U.S. 136 (1980), apply because the fuel is later sold by a tribe to final
consumers?
- Should the Court abandon the White Mountain Apache interest-balancing test
in favor of a preemption analysis based on the principle that Indian
immunities are dependent upon congressional intent?
- Did the court of appeals err in applying the White Mountain Apache interest
balancing test by, inter alia, placing dispositive weight on the fact that a
tribally-owned gas station derives income from largely non-tribal patrons of
the tribe's nearby casino?
Decisions:
Resources:
- Docket Sheet From the U.S.
Supreme Court.
- Northwestern University -
Medill School of Journalism: On the Docket
Briefs:
Parties
Counsel of Record
For Petitioner Wagnon:
John Michael Hale
Special Assistant Attorney General
Kansas Department of Revenue
Topeka, KS
For Respondent Prairie Band Potawatomi Nation:
Ian Heath Gershengorn
Jenner & Block LLP
Washington, DC
Wednesday, October 5
Alberto R. Gonzales, U.S. Attorney General, et al. v. Oregon, et al.
No. 04-623
Subject:
Controlled Substances Act, Physician-Assisted Suicide, Oregon Death with Dignity Act
Question:
Whether the Attorney General has permissibly construed the
Controlled
Substances Act, 21 U.S.C. 801 et seq., and its
implementing regulations to prohibit the distribution of federally
controlled substances for the purpose of facilitating an individual's
suicide, regardless of a state law purporting to authorize such
distribution.
Decisions:
Resources:
- Docket Sheet From the U.S.
Supreme Court.
- Northwestern University -
Medill School of Journalism: On the Docket
Briefs:
Parties
Counsel of Record
For Petitioners Gonzales, et al.:
Paul D. Clement
U.S. Solicitor General
Washington, DC
For Respondents Oregon, et al.:
Mary H. Williams
State Solicitor General
Salem, OR
Brian Schaffer, a Minor, By His Parents and Next Friends, Jocelyn and Martin Schaffer, et al. v. Jerry
Weast, Superintendent, Montgomery County Public Schools, et al.
No. 04-698
Subject:
Question:
Under the Individuals with Disabilities Education Act, when parents of a
disabled child and a local school district reach an impasse over the child's
individualized education program, either side has a right to bring the
dispute to an administrative hearing officer for resolution. At the hearing,
which side has the burden of proof -the parents or the school district?
Decisions:
Resources:
Briefs:
Parties
Counsel of Record
For Petitioners Schaffer, et al.:
William H. Hurd
Troutman Sanders LLP
Richmond, VA
For Respondents Weast, et al.:
Maree F. Sneed
Hogan & Hartson L.L.P.
Washington, DC
Tuesday, October 11
Jill L. Brown, Warden v. Ronald L. Sanders
No. 04-980
Subject:
California Death Penalty Statute, "Weighing Statutes," Special Circumstances, Harmless Error
Questions:
- Is the California death penalty statute a "weighing statute" for which
the state court is required to determine that the presence of an
invalid special circumstance was harmless beyond a reasonable doubt
as to the jury's determination of penalty?
- If an affirmative answer to the first question was dictated by
precedent, was it necessary for the state supreme court to
specifically use the phrases "harmless error" or "reasonable doubt" in
determining that there was no "reasonable possibility" that the invalid
special circumstance affected the jury's sentence selection?
Decisions:
Resources:
- Docket Sheet From the U.S.
Supreme Court.
- Northwestern
University - Medill School of Journalism: On the Docket
Briefs:
Parties
Counsel of Record
For Petitioner Brown:
Jane N. Kirkland
Deputy Attorney General
Sacramento, CA
For Respondent Sanders:
Nina Rivkind
Berkeley, CA
Lincoln Property Company, et al. v. Christopher Roche, et ux.
No. 04-712
Subject:
Diversity Jurisdiction, Real Parties in Interest, Limited Partnership, Citizenship
Questions:
- Whether an entity not named or joined as a defendant in the lawsuit can
nonetheless be deemed a "real party in interest" to destroy complete
diversity of citizenship in a case removed from state court under 28 U.S.C.
1441(b).
- Whether a limited partnership's citizenship for diversity subject-matter
jurisdiction purposes is determined not by the citizenship of its partners but
by whether its business activities establish a "very close nexus" with the
state.
Decisions:
Resources:
- Docket Sheet From the U.S.
Supreme Court.
- Northwestern
University - Medill School of Journalism: On the Docket
Briefs:
Parties
Counsel of Record
For Petitioners Lincoln Property Co., et al.:
David C. Frederick
Kellogg Huber Hansen
Todd, Evans & Figel, P.L.L.C.
Washington, DC
For Respondents Christopher Roche, et ux:
Gregory Beckwith
Phillips, Beckwith, Hall &
Chase
Fairfax, VA
Wednesday, October 12
Gil Garcetti, et al. v. Richard Ceballos
No. 04-473
Subject:
Public Employees, Job-Related Speech, First Amendment
Questions:
- Should a public employee's purely job-related speech, expressed
strictly pursuant to the duties of employment, be cloaked with First
Amendment protection simply because it touches on a matter of public
concern, or should First Amendment protection also require the speech
to be engaged in "as a citizen", in accordance with this Court's
holdings in Pickering v. Board of
Education, 391 U.S. 563 (1968) and Connick v. Myers, 461 U.S. 138
(1983)?
- Is immediate review by this Court necessary to address the growing
inter-circuit conflict on the question of whether a public employee's
purely job-related speech is constitutionally protected, especially
where the lack of uniformity dramatically impacts the ability of all
public employers to effectively manage their respective agencies?
Decisions:
Resources:
- Docket
Sheet From the U.S. Supreme Court.
- Northwestern
University - Medill School of Journalism: On the Docket
Briefs:
Parties
Counsel of Record
For Petitioners Garcetti, et al.:
Cindy S. Lee
Franscell Strickland Roberts &
Lawrence
Glendale, CA
For Respondent Ceballos:
Bonnie I. Robin-Vergeer
Public Citizen Litigation Group
Washington, DC
United States v. Joseph Olson, et al.
No. 04-759
Subject:
Federal Tort Claims Act, Safety Inspections, Liability
Question:
Whether the liability of the United States under the Federal Tort Claims Act
with respect to safety inspections is the same as that of private individuals
under like circumstances or, as the Ninth Circuit held, the same as that of
state and municipal entities under like circumstances.
Decisions:
Resources:
- Docket Sheet From the
U.S. Supreme Court.
- Northwestern
University - Medill School of Journalism: On the Docket
Briefs:
Parties
Counsel of Record
For Petitioner United States:
Paul D. Clement
U.S. Solicitor General
Washington, DC
For Respondents Olson, et al.:
Thomas G. Cotter
Haralson, Miller, Pitt,
Feldman & McAnally,
P.L.C.
Tucson, AZ
Monday, October 31
Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc.
No. 04-905
Subject:
Questions:
- Whether an unaccepted offer that does not lead to a purchase — so that there
is not "discriminat[ion] * * * between different purchasers" as the statutory
language contemplates - may be the basis for liability under the Act.
- Whether the Act permits recovery of damages by a disfavored purchaser that
does lose sales or profits to a competitor that does not purchase from the
defendant, but does not lose sales or profits to any purchaser that "receives
the benefit of" the defendant's price discrimination.
Decisions:
Resources:
- Docket Sheet From the
U.S. Supreme Court.
- Northwestern
University - Medill School of Journalism: On the Docket
Briefs:
Parties
Counsel of Record
For Petitioner Volvo Trucks N. Am.:
Roy T. Englert Jr.
Robbins, Russell, Englert,
Orseck & Untereiner
LLP
Washington, DC
For Respondent Reeder-Simco GMC, Inc.:
Carter G. Phillips
Sidley Austin Brown & Wood
LLP
Washington, DC
Central Virginia Community College, et al. v. Bernard Katz, Liquidating Supervisor for Wallace's
Bookstores, Inc.
No. 04-885
Subject:
Question:
May Congress use the Article I Bankruptcy Clause, U.S. Const. art. I, 8, cl. 4, to abrogate the
States' sovereign immunity?
Decisions:
Resources:
- Docket Sheet From
the U.S. Supreme Court.
- Northwestern
University - Medill School of Journalism: On the Docket
Briefs:
Parties
Counsel of Record
For Petitioners Central VA Comm. College, et al.:
William E. Thro
State Solicitor General
Richmond, VA
For Respondent Katz:
Kim Martin Lewis
Dinsmore & Shohl LLP
Cincinnati, OH
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