Federal Judiciary

Notable petitions

By Akin Gump Supreme Court Practice Group

A recently filed petition, Federal Communications Commission v. AT&T, challenges whether corporations have a right to privacy for the purposes of the Freedom of Information Act.

An unrelated petition, Kentucky v. King, tests the constitutional boundaries of the requirement that police seek and receive a warrant before entering a residence.

Finally, Astra USA, Inc. v. Santa Clara County asks whether a federal court can confer a private right of action to enforce a federal contract because the statutory requirement sought to be enforced is part of a contract.  The contracts at issue in this case are between drug companies and certain public health care facilities.

Title: Kentucky v. King
Docket: 09-1272
Issues: (1) Under what circumstances can lawful police action impermissibly ”create” exigent circumstances that preclude warrantless entry; and (2) whether the “hot pursuit” exception to the warrant requirement applies only if the government can prove that the suspect was aware he was being pursued.

• Opinion below (Supreme Court of Kentucky)
• Petition for certiorari

Title: Astra USA, Inc. v. Santa Clara County
Docket: 09-1273
Issue: Whether, in the absence of a private right of action to enforce a statute, federal courts have the federal common law authority to confer a private right of action simply because the statutory requirement sought to be enforced is embodied in a contract.

• Opinion below (9th Circuit)
• Petition for certiorari

Title: Federal Communications Commission v. AT&T, Inc.
Docket: 09-1279
Issue: Whether Exemption 7(C) of the Freedom of Information Act — which exempts from mandatory disclosure records or information compiled for law enforcement purposes when such disclosure could reasonably be expected to constitute an unwarranted invasion of “personal privacy” – protects the “privacy” of corporate entities.

• Opinion below (3d Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on May 12, 2010 (boomark / email).