Monday, July 22, 2019

SCOTUS End of Term Cert Grants

Here’s a recap of some interesting grants of certiorari from the Supreme Court’s end-of-term order lists (June 24 and June 28):

Banister v. Davis presents the question: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005).

Follow the Banister merits briefing here: Supreme Court website; SCOTUSblog.

GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC presents the question: Whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) permits a non-signatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel.

Follow the GE Energy merits briefing here: Supreme Court website; SCOTUSblog.

Guerrero-Lasprilla v. Barr and Ovalles v. Barr (consolidated) involve motions to reopen removal proceedings before the Board of Immigration Appeals. Here is the question presented (as phrased in the Guerrero-Lasprilla petition) is:

The deadline to file a statutory motion to reopen under 8 U.S.C. § 1229a(c)(7) is subject to equitable tolling; all the courts of appeals are in agreement. But they are in conflict as to whether they have jurisdiction to review an agency’s denial of a request for equitable tolling made by someone subject to the “criminal alien bar” pursuant to 8 U.S.C. § 1252(a)(2)(C).

The Fifth and Fourth Circuit say review of equitable tolling is a “question of fact” precluded from review under 8 U.S.C. § 1252(a)(2)(C). In contrast, the Ninth Circuit says equitable tolling is a “mixed question,” i.e., “a question of law,” which falls under the jurisdictional savings clause under 8 U.S.C. § 1252(a)(2)(D).

Therefore, the question presented is: Is a request for equitable tolling, as it applies to statutory motions to reopen, judicially reviewable as a “question of law?”

You can follow the merits briefing here: Guerrero-Lasprilla (Supreme Court website)Guerrero-Lasprilla (SCOTUSblog); Ovalles (Supreme Court website); Ovalles (SCOTUSblog).

Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. presents the question: Whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties.

Follow the Lucky Brand merits briefing here: Supreme Court website; SCOTUSblog.

Opati v. Sudan presents the question: Whether, consistent with this Court’s decision in Republic of Austria v. Altmann, 541 U.S. 677 (2004), the Foreign Sovereign Immunities Act applies retroactively, thereby permitting recovery of punitive damages under 28 U.S.C. § 1605A(c) against foreign states for terrorist activities occurring prior to the passage of the current version of the statute.

Follow the Opati merits briefing here: Supreme Court website; SCOTUSblog.

Rodriguez v. Federal Deposit Insurance Corp. presents the question: Whether courts should determine ownership of a tax refund paid to an affiliated group based on the federal common law “Bob Richards rule,” as three circuits hold, or based on the law of the relevant state, as four circuits hold.

Follow the Rodriguez merits briefing here: Supreme Court website; SCOTUSblog.

Thole v. U.S. Bank, N.A. presents two questions relating to ERISA claims, but the Court itself added a third question: Whether petitioners have demonstrated Article III standing.

Follow the Thole merits briefing here: Supreme Court website; SCOTUSblog.

 

 

 

 

 

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