Federal Judiciary

Petitions to Watch | Conference of 4.25.08

By Akin Gump Supreme Court Practice Group

The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of April 25. As always, the list reflects the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted. To access previous editions of Petitions to Watch, including the list for the upcoming conferences of April 11 and April 18, visit our archives here on SCOTUSwiki.

Conference of April 25, 2008

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Docket: 07-919
Case name: American Isuzu Motors, Inc., et al. v. Ntsebeza, et al.
Issue: Whether a suit under the Alien Tort Claims Statute against private corporations for allegedly aiding South Africa?s former policy of apartheid should be dismissed under the statute or in deference to the objections of the current U.S. and South African governments.

• Opinion below (2nd Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Amicus brief of the United States (in support of the petitioners)
• Amicus brief of Hayward D. Fisk, et al. (in support of the petitioners)
• Amicus brief of the Clearing House Association LLC, et al. (in support of the petitioners)
• Amicus brief of the Chamber of Commerce (in support of the petitioners)
• Amicus brief of the National Foreign Trade Council, et al. (in support of the petitioners)

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Docket: 07-948
Case name: National Casualty Company v. Lockheed
Issue: Whether, when a plaintiff elects to proceed in admiralty without a jury on a claim that could also have been brought at law, the defendant may nullify that election and impose a jury trial?

• Opinion below (4th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Amicus brief of the Maritime Law Association of the United States (in support of the petitioner)
• Amicus brief of the American Institute of Marine Underwriters (in support of the petitioner)

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Docket: 07-1092
Case name: Perez v. City of Miami Beach, Florida
Issue: Whether federal courts of appeal possess jurisdiction over parties who, after their primary claim has been involuntarily dismissed, voluntarily dismisses all remaining claims.

• Opinion below (11th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

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Docket: 07-1223
Case name: Bell v. Kelly
Issue: Whether 28 U.S.C 2254, the federal habeas provision governing claims adjudicated on the merits in state court, should be applied to claims based on evidence of ineffective assistance of counsel the state court refused to consider.

• Opinion below (4th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply

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Full post as published by SCOTUSBLOG on April 10, 2008 (boomark / email).