Thursday, September 29, 2016
Today the Supreme Court issued the order list following its end-of-the-summer “Long Conference.” It granted certiorari in nine cases. Here are some that may be of particular interest...
McLane Co. v. EEOC (No. 15-1248): Whether a district court’s decision to quash or enforce an EEOC subpoena should be reviewed de novo, which only the Ninth Circuit does, or should be reviewed deferentially, which eight other circuits do, consistent with this Court’s precedents concerning the choice of standards of review.
Goodyear Tire & Rubber Co. v. Haeger (No. 15-1406) (consolidated with Musnuff v. Haeger (No. 15-1491)): Is a federal court required to tailor compensatory civil sanctions imposed under inherent powers to harm directly caused by sanctionable misconduct when the court does not afford sanctioned parties the protections of criminal due process?
Lewis v. Clarke (No. 15-1500): Whether the sovereign immunity of an Indian tribe bars individual-capacity damages actions against tribal employees for torts committed within the scope of their employment.