Federal Judiciary

Today’s Orders

By Akin Gump Supreme Court Practice Group

The Court has granted certiorari in 4 cases: Hemi Group, LLC, et al. v. City of New York (08-969); Shady Grove Orthopedic Association v. Allstate Insurance Co. (08-1008); Graham v. Florida (08-7412); and Sullivan v. Florida (08-7621). The order list is available here.

Filings in these cases are below:

Docket: 08-969
Title: Hemi Group, LLC, et al. v. City of New York
Issue: Whether city government meets the Racketeer Influenced and Corrupt Organizations Act standing requirement that a plaintiff be directly injured in its “business or property” by alleging non commercial injury resulting from non payment of taxes by non litigant third parties.

• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

Docket: 08-1008
Title: Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company
Issue: Can a state legislature properly prohibit the federal courts from using the class action device for state law claims?

• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

Docket: 08-7412
Title: Graham v. Florida
Issue: Whether the Eighth Amendment’s ban on cruel and unusual punishments prohibits the imprisonment of a juvenile for life without the possibility of parole as punishment for the juvenile’s commission of  non-homicide.

• Petition for certiorari

Docket: 08-7621
Title: Sullivan v. Florida
Issue: Does imposition of a life without parole sentence on a thirteen-year-old for a non-homicide violate the prohibition on cruel and unusual punishments under the Eighth and Fourteenth Amendments, where the freakishly rare imposition of such a sentence reflects a national consensus on the reduced criminal culpability of children?

• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

Full post as published by SCOTUSBLOG on May 04, 2009 (boomark / email).