Federal Judiciary

Details on this afternoon?s grants

By Adam Schlossman

This afternoon, following its January 7 Conference, the Court granted certiorari in seven new cases. Details on those cases are below. The full order list is here.  Lyle’s summary of the grants is here.

Certiorari was granted in the following cases:

Title: Erica P. John Fund, Inc. v. Halliburton Co. (Granted )
Docket: 09-1403
Issue(s): (1) Whether the Fifth Circuit correctly held that plaintiffs in securities fraud actions must not only satisfy the requirements to trigger a rebuttable presumption of fraud on the market, but must also establish loss causation at class certification by a preponderance of admissible evidence without merits discovery; (2) whether the Fifth Circuit improperly considered the merits of the underlying litigation when it held that a plaintiff must establish loss causation to invoke the fraud-on-the-market presumption.

Certiorari-Stage Documents:

• Opinion below (5th Circuit)
• Petition for certiorari
• Brief in opposition
• Respondents' supplemental brief
• Petitioner's reply

CVSG Information:

• Invited: Oct 4, 2010
• Filed: Dec 3, 2010 (Grant)

Title: Lafler v. Cooper (Granted )
Docket: 10-209
Issue(s): Whether a state habeas petitioner is entitled to relief when his counsel deficiently advises him to reject a favorable plea bargain but the defendant is later convicted and sentenced pursuant to a fair trial.

Certiorari-Stage Documents:

• Opinion below (6th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

Title: Missouri v. Frye (Granted )
Docket: 10-444
Issue(s): Can a defendant who validly pleads guilty assert a claim of ineffective assistance of counsel by alleging that, but for counsel's error in failing to communicate a plea offer, he would have pleaded guilty with more favorable terms? What remedy, if any, should be provided for ineffective assistance of counsel during plea bargain negotiations if the defendant was later convicted and sentenced pursuant to constitutionally adequate procedures?

Certiorari-Stage Documents:

• Petition for certiorari
• Brief in opposition
• Amicus brief of Connecticut and eleven other states
• Petitioner's reply

Title: United States v. Jicarilla Apache Nation (Granted )
Docket: 10-382
Issue(s): Whether the attorney-client privilege entitles the United States to withhold from an Indian tribe confidential communications between the government and government attorneys implicating the administration of statutes pertaining to property held in trust for the tribe.

Certiorari-Stage Documents:

• Opinion below (Federal Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply

Title: Nevada Commission on Ethics v. Carrigan (Granted )
Docket: 10-568
Issue(s): Whether the First Amendment subjects state restrictions on voting by elected officials to strict scrutiny, the balancing test of Pickering v. Board of Education, or rational-basis review.

Certiorari-Stage Documents:

• Opinion below (Nevada Supreme Court)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Florida, et al.
• Petitioner's reply

Note: Akin Gump represents the respondents in this case.

Title: Sorrell v. IMS Health Inc. (Granted )
Docket: 10-779
Issue(s): Whether a law that restricts access to information in nonpublic prescription drug records and affords prescribers the right to consent before their identifying information in prescription drug records is sold or used in marketing violates the First Amendment.

Certiorari-Stage Documents:

• Opinion below (2d Cir.)
• Petition for certiorari
• Brief for respondents IMS Health Inc. et al.
• Brief for respondent Pharmaceutical Research and Manufacturers of America

Title: McNeill, Clifton T. v. United States (Granted )
Docket: 10-5258
Issue(s):

Certiorari-Stage Documents:

• Opinion Below (4th Circuit)
• IFP case - additional cert stage briefs forthcoming

Full post as published by SCOTUSBLOG on January 07, 2011 (boomark / email).