Wednesday, September 29, 2010

Big Week at SCOTUS: Cert Grants of Interest

As covered earlier here, the Supreme Court is finally ending its long hiatus from the topic of personal jurisdiction by granting certiorari in Goodyear v. Brown (No. 10-76) and J. McIntyre Machinery v. Nicastro (09-1343). Several other cert. grants may also be of interest (links are to SCOTUSblog’s case files):

Astra USA, Inc. v. Santa Clara County (09-1273):

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.

Smith v. Bayer Corp. (09-1205):

(1) Whether, under the re-litigation exception of the Anti-Injunction Act, a district court can enjoin parties from seeking class certification in state court under state procedural rules when the district court had previously denied certification of a similar class under federal procedural rules but neither the parties sought to be estopped nor the issues to be presented in state court are identical as those presented to the district court.

(2) Whether a district court that previously denied class certification nonetheless has personal jurisdiction over the absent putative class members such that it may enjoin them from seeking class certification in state court.

Stern v. Marshall (No. 10-179):

(1) Whether the Ninth Circuit’s interpretation of 28 U.S.C. § 157(b)(2)(C) contravenes congressional intent;

(2) Whether Congress may authorize core jurisdiction over debtors’ compulsory counterclaims to proofs of claim;

(3) Whether the Ninth Circuit contravened Supreme Court precedent and created a circuit split by holding that Congress cannot constitutionally authorize non-Article III bankruptcy judges to enter final judgment on all compulsory counterclaims to proofs of claim.


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