Federal Judiciary

Petition of the day

By Conor McEvily

Today?s first petition of the day is:

Title: Maxwell-Jolly v. Santa Rosa Memorial Hosp.
Docket: 10-283
Issue(s): (1) Whether Medicaid providers may maintain a cause of action under the Supremacy Clause to enforce 42 U.S.C. § 1396a(a)(30)(A) by asserting that the provision preempts a state law that reduces reimbursement rates; and (2) whether a state law that reduces Medicaid reimbursements to providers may be held preempted by 42 U.S.C. § 1396a(a)(30)(A) based on requirements that do not appear in the statute's text.

Certiorari-Stage Documents:

• Opinion below -- not available (9th Circuit, unpublished)
• Petition for certiorari

Today’s second petition of the day is:

Title: Dow Chemical Canada ULC v. Fandino
Docket: 10-250
Issue(s): Whether placing products into the stream of commerce in a foreign country (or another state), knowing that some may or will be swept into the forum state, is enough to subject a defendant to personal jurisdiction, or whether due process requires that the defendant have engaged in additional conduct, directed at the forum, before it can be found to have purposefully availed itself of the privilege of conducting activities within the forum state.

Certiorari-Stage Documents:

• Opinion below -- not available (Court of Appeal of California, Second Appellate District, unpublished)
• Petition for certiorari

Full post as published by SCOTUSBLOG on September 30, 2010 (boomark / email).