October Term 2006 · Docket 05-1448
Must an employer consider merging pension plans before terminating them?
Crown Vantage wants to end over-funded pension plans without merging them. The union argues the law requires considering a merger first.
Latest case briefs — page 62
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October Term 2006 · Docket 06-134
Does a tax lien convert a property tax dispute into a real property case?
India's UN mission argues tax liens do not create real property rights. New York City claims the liens trigger jurisdiction.
October Term 2006 · Docket 06-618
Can a Member of Congress Be Sued for Hiring Decisions?
A former staffer claims his employer violated labor laws. The Senator argues Congress cannot be sued for such acts.
October Term 2006 · Docket 06-376
Which court hears tax interest abatement claims?
the sides that brought the case seek district court review. The government demands exclusive Tax Court jurisdiction.
October Term 2006 · Docket 06-562
Can a liable party sue other liable parties for cleanup costs?
The dispute centers on whether a party responsible for pollution can use a specific statute to recover costs from other responsible parties.
October Term 2006 · Docket 06-8120
Does a traffic stop seize the vehicle's passengers?
The dispute centers on whether a passenger is legally seized during a routine traffic stop.
October Term 2006 · Docket 06-427
Can a private athletic association ban schools from recruiting players?
Brentwood Academy claims the TSSAA violated its First Amendment rights by banning recruiting.
October Term 2006 · Docket 06-413
Does a state court's factual finding survive federal review if it seems unreasonable?
the sides that brought the case seek to keep a state court's factual finding. the opposing sides want a federal court to overturn that finding.
October Term 2006 · Docket 06-531
Can a preliminary injunction trigger attorney fee liability?
the sides that brought the case seek fees after a preliminary injunction. the opposing sides argue the injunction does not prove a federal law violation.
October Term 2006 · Docket 05-85
Can a party appeal a remand order based on jurisdictional grounds?
The dispute centers on whether federal courts of appeals can review a district court's remand order when the remand rests on jurisdictional grounds rather than procedural defects.
October Term 2006 · Docket 06-593
Does the Fair Labor Standards Act allow agencies to hire home-care workers without paying overtime?
the sides that brought the case argue the statute exempts all home-care workers. the opposing sides claim the exemption covers only direct hires.
October Term 2006 · Docket 06-484
Does the securities fraud pleading standard require a strong inference of intent?
The parties dispute whether courts must apply a higher standard of proof at the pleading stage than at trial.
October Term 2006 · Docket 05-1157
Does securities regulation shield broker fees from antitrust suits?
Investors sue brokers over fee structures. Brokers claim federal regulation blocks these claims.
October Term 2006 · Docket 06-480
Should courts apply the rule of reason to resale price maintenance?
Leegin argues the per se rule is outdated. PSKS argues it prevents harmful price fixing.
October Term 2006 · Docket 06-5306
Can a district court extend the 14-day appeal deadline?
The dispute centers on whether a late appeal filing is invalid because the deadline is strict.
October Term 2006 · Docket 06-313
Does a prosecutor's duty argument violate the Constitution?
The dispute centers on whether a prosecutor's closing argument improperly pressured the jury to return a death verdict.
October Term 2006 · Docket 06-5247
Which Harmlessness Standard Applies in Federal Habeas Review?
the side that brought the case seeks the direct review standard for constitutional errors. the opposing side argues for the stricter collateral review standard.
October Term 2006 · Docket 06-219
Can a rancher sue the government for harassment without a specific property loss?
A rancher claims federal agents harassed him. The government says he lacks a legal remedy.
October Term 2006 · Docket 06-157
Can taxpayers sue over executive spending that favors religion?
The dispute centers on whether taxpayers can challenge executive spending that allegedly favors religion.
October Term 2006 · Docket 05-983
Can non-lawyer parents sue in federal court without attorneys?
Parents claim direct rights under disability law. Schools argue common law bars their self-representation.