Wednesday, May 21, 2008

SCOTUS Watch: May 22 Conference (Updated)

On Thursday, May 22, 2008, the Supreme Court will hold a conference to consider petitions in a number of cases, including several of interest to CivPro folks. 

T-Mobile USA, Inc., et al. v. Laster, et al., 07-976:  Whether, under the Federal Arbitration Act, federal courts may refuse to enforce class-action bans in consumer contract arbitration provisions on grounds they are unconscionable under state law.

Rosenruist-Gestao E Servicos LDA v. Virginia Enterprise Limited, 07-1214:  Whether, under 35 U.S.C. 24, a trial judge may subpoena foreign witnesses for deposition in the United States based on their filing of an application with the Patent and Trademark office.

Philip Morris USA, Inc. v. Williams, 07-1216: Whether the Supreme Court of Oregon, on remand from the Court’s 2007 decision on the constitutionality of a $79.5 million punitive damages award based on harms done to non-named plaintiffs, improperly asserted a state law procedural bar having the effect of precluding Phillip Morris from asserting a constitutional claim.

Republic of Iraq v. Beaty, 07-1090, whether U.S. courts have jurisdiction over Iraq in cases involving alleged misdeeds during the the Hussein regime.

A complete list of the cases to be considered at the conference, along with links to the opinions below and parties’ briefs for all cases, is available on SCOTUS Blog.--Counseller/nm

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