US Supreme Court Docket
Norfolk Southern Railway Company v. Dedra Shanklin, Next Friend of Jessie Guy Shanklin (No. 99-312)
Subject:
Supremacy Clause, federal funding, railroad crossings, inadequate warning devices
Question:
Whether the court of appeals properly applied this Court's decision in CSX Transportation, Inc. v. Easterwood, 507 U.S. 658 (1993), when it held that claims of negligence based on inadequate warning devices at a railway grade crossing are not preempted even though the warning devices were installed with federal funds under a project approved by the federal government.
Decisions:
- Sixth Circuit: No. 96-6371, Decided: 04/13/99
- United States Supreme Court, Decided: April 17, 2000
-
Parties:
- Petitioner [PDF]
- Respondent [PDF]
- Respondent - Supplement [PDF]
- Petitioner - Reply [PDF]
Amicus - Petitioner: - Association of American Railroads [PDF]
- Product Liability Advisory Council, Inc. [PDF]
Amicus - Respondent: - United States [PDF]
- Texas, Alabama, et al. [PDF]
- Angels on Track Foundation, et al. [PDF]
- Kenneth W. Heathington, Ph.D., et al. [PDF]
- United Transportation Union [PDF]
- Association of Trial Lawyers of America [PDF]
Public Lands Council, et al. v. Bruce Babbitt, Secretary of the Interior (No. 98-1991)
Subject:
Interior Department, range land reform, grazing
Question:
- Whether the Secretary acted within his his authority in issuing amended rules that (a) use the term "grazing preference" to denote the preference to be accorded qualified applicants for grazing permits, and (b) use the term "permitted use" to denote the extent of use of rangelands conferred by a grazing permit.
- Whether the Secretary acted within his authority in issuing a rule vesting title in the United States to new permanent improvements on rangelands owned by the United States.
- Whether the Secretary acted within his authority in issuing an amended rule identifying the "mandatory qualifications" for applicants for grazing permits on public rangelands.
- Tenth Circuit: No. 96-8083, Dated: 09/01/98
- Tenth Circuit: No. 96-8083, Amended: 02/08/99
- United States Supreme Court, Decided: May 15, 2000
-
Parties:
- Respondents - Petition [PDF]
- Petitioners [PDF]
- Respondent [PDF]
- Petitioners - Reply [PDF]
Amicus - Petitioner: - Alameda Bookcliffs Ranch et al. [PDF]
- Congressman Don Young et al. [PDF]
- Northwest Mining Association [PDF]
- Pacific Legal Foundation et al. [PDF]
- State of Wyoming [PDF]
Amicus - Neither Party - Association of Rangeland Consultants - Reversal [PDF]
Monday, March 20, 2000
Maria Suzuki Ohler, Petitioner v. United States (No. 98-9828)
Subject:
Criminal appeals, prior criminal convictions
Question:
Whether a criminal defendant automatically waives the right to appeal a definitive, pre-trial ruling granting, over her objection, the government's in limine motion to impeach her with a prior conviction under Federal Rule of Evidence 609 if she attempts to mitigate the "sting" of such evidence by first testifying about the conviction on direct examination.
Decisions:
- Ninth Circuit: 98-50282, Decided: 03/09/1999
- United States Supreme Court, Decided: May 22, 2000
-
Parties:
- Petitioner [PDF]
- Respondent [PDF]
Amicus - Petitioner: - National Association of Criminal Defense Lawyers et al. [PDF]
Hartford Underwriters Insurance Company, Petitioner v. Union Planters Bank, N.A. (No. 99-409)
Subject:
Bankruptcy, worker's compensation insurance, unpaid premiums
Question:
Does a postpetition administrative creditor in a bankruptcy case have standing under 11 U.S.C. 506(c) to seek payment of its administrative claim from property of the bankruptcy estate that is encumbered by a secured creditor's lien?
Decisions:
- Eighth Circuit: No. 97-3859 [PDF], Decided: 06/07/1999
- United States Supreme Court, Decided: May 30, 2000
- Petitioners [PDF]
- Respondent [PDF]
- Petitioner - Reply [PDF]
Amicus - Petitioner: - The American Insurance Association et al. [PDF]
Amicus - Respondent: - Commercial Finance Association [PDF]
Tuesday, March 21, 2000
Dewey J. Jones, Petitioner v. United States (No. 99-5739)
Subject:
Commerce Clause, 18 U.S.C. ยง 844(i), arson
Question:
Whether, in light of United States v. Lopez, 514 U.S. 549 (1995), and the interpretive rule that constitutionally doubtful constructions should be avoided, see DeBartolo Corp. v. Florida Gulf Coast Trades Council, 485 U.S. 568, 575 (1988), Section 844(i) applies to the arson of a private residence; and if so, whether its application to the private residence in the present case is constitutional.
Decisions:
- Seventh Circuit: 98-3255, Decided: 05/17/1999
- United States Supreme Court, Decided: May 22, 2000
-
Parties:
- Petitioner [PDF]
- Respondent (United States) [PDF]
- Petitioner - Reply [PDF]
Amicus - Petitioner: - Center for the Original Intent of the Constitution [PDF]
- Cato Institute [PDF]
- Dale Lynn Ryan [PDF]
- National Association of Criminal Defense Lawyers et al. [PDF]
Amicus - Neither: - Pacific Legal Foundation - Reversal [PDF]
Roger Reeves, Petitioner v. Sanderson Plumbing Products, Inc. (No. 99-536)
Subject:
Age Discrimination in Employment Act (ADEA), standard of proof
Question:
- Under the Age Discrimination in Employment Act, is direct evidence of discriminatory intent required to avoid judgment as a matter of law for the employer?
- In determining whether to grant judgment as a matter of law under Fed. R. Civ. P. 50, should a district judge weigh all of the evidence or consider only the evidence favoring the nonmoving party?
- Is the standard for granting judgment as a matter of law under Fed. R. Civ. P. 56 the same standard for granting judgment as a matter of law under Fed. R. Civ. P. 50?
Decisions:
- Fifth Circuit: No. 98-60334, Decided: 04/22/1999
- United States Supreme Court, Decided: June 12, 2000
-
Parties:
- Petitioner [PDF]
- Respondent [PDF]
- Petitioner - Reply [PDF]
Amicus - Petitioner: - AARP [PDF]
- Association of Trial Lawyers of America [PDF]
- Hispanic National Bar Association [PDF]
- Lawyers' Committee for Civil Rights Under Law et al. [PDF]
- National Employment Lawyers Association [PDF]
- United States and the EEOC [PDF]
Amicus - Respondent: - Alabama Retail Association [PDF]
- Chamber of Commerce [PDF]
- Equal Employment Advisory Council [PDF]
- Product Liability Advisory Council [PDF]
- Society for Human Resource Management [PDF]
- Texas Association of Business and Chambers of Commerce [PDF]
Wednesday, March 22, 2000
Natsios, MA Sec. of Finance v. Natl. Foreign Trade Council (No. 99-474)
Subject:
Massachusetts Burma Law, Supremacy Clause, Foreign Commerce Clause, foreign policy, human rightsQuestion:
Whether the U.S. Court of Appeals for the First Circuit correctly held that the Commonwelth of Massachusett's selective purchasing law targeting commerce with Burma violates the Constitution's Foreign Commerce Clause, unconstitutionally infringes upon the federal government's exclusive authority to regulate foreign affairs, and is preempted by federal Burma sanctions legislation.Decisions:
- First Circuit: No. 98-2304, Decided: 06/22/1999
- United States Supreme Court, Decided: June 19, 2000
-
Parties:
- Respondent [PDF]
- Petitioners - Reply [PDF]
Amicus - Petitioner: - Coalition for Local Sovereignty [PDF]
- Council of State Governments et al. [PDF]
- Members of Congress [PDF]
- New York City Comptroller et al. [PDF]
- Nonprofit Organizations [PDF]
- State of Arkansas et al. [PDF]
Amicus - Respondent: - Associated Industries of Massachusetts et al. [PDF]
- Chamber of Commerce of the United States et al. for Respondent [PDF]
- European Communities and their Member States [PDF]
- Gerald R. Ford et al. [PDF]
- Industry Coalition on Technology Transfer [PDF]
- Members of Congress [PDF]
- Washington Legal Foundation [PDF]
Amicus - Neither Party: - United States - Affirmance [PDF]
Mobil Oil Exploration and Producing Southeast, Inc. v. United States (No. 99-244)
Subject:
Outer Banks Protection Act, breach of contract, oil explorationQuestion:
Whether the United States, after having accepted consideration from a government contrator, is required to return that consideration (i.e. pay restitution) when subsequent government action bars the United States from performing its contractual obligations.Decisions:
- Federal Circuit: No. 97-5146, Decided: 10/15/98
- Federal Circuit: No. 97-5146, Revised: 05/13/1999
- United States Supreme Court, Decided: June 26, 2000
-
Parties:
- Petitioner Marathon Oil [PDF]
- Petitioner Mobil Oil [PDF]
- Respondent United States [PDF]
- Petitioner Marathon Oil - Reply [PDF]
- Petitioner Mobil Oil - Reply [PDF]
Amicus - Petitioner: - American Petroleum Institute [PDF]
Marathon Oil Company, Petitioner v. United States (No. 99-253)
Subject:
Outer Banks Protection Act, breach of contract, oil explorationQuestion:
Whether the United States, after having accepted consideration from a government contrator, is required to return that consideration (i.e. pay restitution) when subsequent government action bars the United States from performing its contractual obligations.Decisions:
- Federal Circuit: No. 97-5146, Decided: 10/15/98
- Federal Circuit: No. 97-5146, Revised: 05/13/1999
- United States Supreme Court, Decided: June 26, 2000
Monday, March 27, 2000
Robin Free, et al. v. Abbott Laboratories, Inc., et al. (No. 99-391)
Subject:
Civil procedure, jurisdiction, antitrust, price fixingQuestion:
Whether the supplemental jurisdiction statute, 28 U.S.C. 1367, overrules Zahn v. International Paper Co., 414 U.S. 291 (1973), and thus expands federal subject matter jurisdiction in a class action to encompass class members whose claims do not satisfy the amount-in-controversy requirment of 28 U.S.C. 1332, as long as diversity jurisdiction exists over the claims of one named plaintiff.Decisions:
- Fifth Circuit: No. 97-31341, Dated: 01/19/99. Granted Appellants' motion to certify the indirect purchaser question and the interstate conspiracy question to the Louisiana Supreme Court.
- Fifth Circuit: No. 97-31341, Dated: 06/03/99. Affirmed the District Court's dismissal of Appellants' case.
- United States Supreme Court, Decided: April 3, 2000
-
Parties:
- Petitioners [PDF]
- Respondents [PDF]
- Petitioner - Reply [PDF]
Amicus - Petitioner: - State of Louisiana [PDF]
Amicus - Respondent: - Chamber of Commerce of the United States of Amercia [PDF]
- Product Liability Advisory Council [PDF]
- Securitues Industry Association [PDF]
Donald E. Nelson v. Adams USA, Inc., et al. (No. 99-502)
Subject:
Attorney feesQuestion:
Whether a patent applicant who engaged in inequitable conduct may be joined as a party and held liable for attorneys' fees in litigation instituted by his corporation to enforce patents obtained as the fruits of his inequitable conduct, and if so, whether the District Court abused its discretion when it allowed such joinder.Decisions:
- Federal Circuit: 98-1448, Decided: 04/26/1999
- United States Supreme Court, Decided: April 25, 2000
-
Parties:
- Petitioner [PDF]
- Respondents [PDF]
- Petitioner - Reply [PDF]
Tuesday, March 28, 2000
Charles C. Apprendi, Jr. v. New Jersey (No. 99-478)
Subject:
Hate crime, sentence enhancement, burden of proofQuestion:
Whether New Jersey violates Fifth Amendment Due Process rights and Sixth Amendment guarantees of notice and jury trial by providing that a defendant's maximum punishment may be increased from ten to twenty years based solely upon a finding by a sentencing judge under a preponderance of the evidence standard, without notice by indictment and jury trial, that the defendant had the requisite intent necessary to establish a "hate" crime.Decisions:
- New Jersey Supreme Court: No. A-164 Sept. 1997, Decided: June 24, 1999
- United States Supreme Court, Decided: June 26, 2000
-
Parties
- Petitioner [PDF]
- Respondent [PDF]
- Petitioner - Reply [PDF]
Amicus - Petitioner - National Association of Criminal Defense Attorneys et al. [PDF]
- Rutherford Institute]
Amicus - Respondent - Anti-Defamation League [PDF]
- Brudnick Center on Violence and Conflict et al. [PDF]
- United States [PDF]
Juatassa Sims v. Kenneth S. Apfel, Commissioner of Social Security (No. 98-9537)
Subject:
Social Security, administrative appeal, waiverQuestion:
Whether a federal court can impose an issue exhaustion requirement upon Social Security claimants to bar issues that were not specifically raised during the administrative process.Decisions:
- Fifth Circuit: 98-60126, Decided: 11/06/98
- United States Supreme Court, Decided: June 5, 2000
-
Parties:
- Petitioner [PDF]
- Respondent [PDF]
- Petitioner - Reply [PDF]
Amicus - Petitioner: - AARP et al. [PDF]
Wednesday, March 29, 2000
Santa Fe Independent School District v. Doe, Jane, etc., et al. (No. 99-62)
Subject:
First Amendment, Establishment Clause, school prayerQuestion:
Whether petitioner's policy permitting student-led, student-initiated prayer at football games violates the Establishment Clause.Decisions:
- Fifth Circuit: 97-40150 Dated: 02/26/1999
- Fifth Circuit: 97-40150, Revised: 03/17/1999
- Fifth Circuit: Denial of Petition for Rehearing En Banc - Dissent, Revised 04/09/1999
- United States Supreme Court, Decided: June 19, 2000
-
Parties:
- Petitioner [PDF]
- Respondent [PDF]
- Petitioner - Reply [PDF]
Amicus - Petitioner: - Christian Legal Society [PDF]
- Congressman Steve Largent et al. [PDF]
- Liberty Counsel et al. [PDF]
- Northstar Legal Center [PDF]
- Rutherford Institute [PDF]
- Senator James Inhoff et al. [PDF]
- Spearman Independent School District [PDF]
- State of Texas [PDF]
- Texas Association of School Boards [PDF]
- Texas Justice Foundation et al. [PDF]
- Texas Public Schools et al. [PDF]
- Marian Ward and Other Students, et al. [PDF]
Amicus - Respondent: - Baptist Joint Commission on Public Affairs et al. [PDF]
Amicus - Neither Party: - Student Press Law Center [PDF]
Antonio Tonton Slack v. Eldon McDaniel, Warden, et al. (No. 98-6322)
[Reargument, first argued October 4, 1999]Subject:
Habeas corpusQuestion:
- Do the provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), specifically including 28 U.S.C. 2253(c) and 28 U.S.C. 2244(b) (Supp. III 1997), control the proceedings on appeal?
- If AEDPA does control the proceedings on appeal, may a certificate of appealability issue under 28 U.S.C. 2253(c) (Supp. III 1997)?
Decisions:
- Ninth Circuit: No. 98-15943, Decided: 07/07/1998
- United States Supreme Court, Decided: June 19, 2000
-
Parties:
- Petitioner [PDF]
- Respondents [PDF]
- Petitioner - Reply [PDF]
- Petitioner - Supplemental [PDF]
- Respondents - Supplemental [PDF]
- Respondents - Supplemental (Reply) [PDF]
- Petitioner - Supplemental (Reply) [PDF]
Amicus - Respondent: - Criminal Justice Foundation [PDF]
- State of California et al. - Petition [PDF]
- State of California et al. [PDF]
Amicus - Petitioner: - National Association of Criminal Defense Lawyers et al. [PDF]
- Rutherford Institute [PDF]
Amicus - Neither Party: - United States [PDF]