October Term 2006 · Docket 05-669
Does the federal statute of limitations bar agency contract claims?
BP argues the six-year limit applies to agency proceedings. The government says it applies only to court suits.
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October Term 2006 · Docket 05-493
Does California's catchall instruction bar jurors from weighing post-crime evidence?
the side that brought the case argues the instruction limits mitigation to pre-crime facts. the opposing side claims it allows full moral consideration.
October Term 2006 · Docket 05-547
Does a state drug crime count as a federal aggravated felony?
the sides that brought the case argue state drug crimes are not federal aggravated felonies. The government disagrees.
October Term 2005 · Docket 05-465
Can a corporation be a RICO enterprise?
Mohawk Industries and the plaintiffs dispute whether a single company can form a criminal enterprise under federal law.
October Term 2005 · Docket 05-8794
Can a prisoner block an execution method without naming a legal alternative?
The dispute centers on whether a prisoner must propose a lawful alternative method to challenge a state's execution protocol.
October Term 2005 · Docket 05-200
Does a federal employee health plan contract create a federal claim?
The dispute centers on whether a private insurer must pay a federal employee for medical costs after a tort settlement.
October Term 2005 · Docket 05-7053
Who must prove a defendant acted under duress?
The dispute centers on which party bears the burden of proof for the duress defense.
October Term 2005 · Docket 05-409
Can parties appeal a federal remand order under SLUSA?
the sides that brought the case seek to appeal a remand order. the opposing sides argue the order is not appealable.
October Term 2005 · Docket 05-502
Can police enter a home without a warrant to stop a fight?
Police entered a home to stop a fight. The city argues this was legal. The resident argues it violated his rights.
October Term 2005 · Docket 05-18
Do IDEA costs include expert witness fees?
Parents seek expert fees. The district opposes this award.
October Term 2005 · Docket 05-5966
Can states limit insanity defense evidence?
Eric Clark argues Arizona barred relevant mental state evidence. The state claims it controls the insanity defense definition.
October Term 2005 · Docket 05-352
Does firing a chosen lawyer require a new trial?
A defendant fired his chosen lawyer. He wants a new trial. The government says the error did not harm him.
October Term 2005 · Docket 05-259
Does a Title VII retaliation claim require tangible economic harm?
Burlington Northern argues that minor workplace reassignments do not constitute actionable retaliation. White contends that such actions violate federal anti-discrimination laws.
October Term 2005 · Docket 05-83
Can a judge decide facts that raise a criminal sentence?
The dispute centers on whether a judge may find facts that increase a sentence beyond the standard range.
October Term 2005 · Docket 04-10566
Does the Vienna Convention grant individuals enforceable consular rights?
the sides that brought the case seek individual treaty rights. Oregon argues the treaty binds states only.
October Term 2005 · Docket 05-130
Should courts always grant injunctions for patent infringement?
the sides that brought the case seek to limit automatic injunctions. the opposing sides demand permanent bans on infringers.
October Term 2005 · Docket 05-260
Can ERISA plans use equitable relief to recover specific settlement funds?
The dispute centers on whether a health plan can force beneficiaries to return specific settlement money.
October Term 2005 · Docket 04-1739
Can prisons ban books for dangerous inmates?
Prisoners claim a book ban violates free speech. The state says safety requires the rule.
October Term 2005 · Docket 04-433
Can a competitor sue for RICO damages based on a rival's tax fraud?
Ideal Steel argues Anza suffered direct harm from tax evasion. Anza claims the Second Circuit wrongly expanded RICO liability.
October Term 2005 · Docket 04-1376
Does the 1996 reinstatement provision apply to aliens already in the country?
The dispute centers on whether a 1996 immigration law applies to aliens who reentered before the statute took effect.