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March 28, 2020
Rojas-Pérez v. Holder, No. 13-174 (cert. petition filed August 5, 2013)
Question Presented: Is the Board of Immigration Appeals’ interpretation of “a particular social group” as requiring an element of “social visibility” entitled to deference under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), as held by seven circuits, or is the requirement an arbitrary or impermissible interpretation of the statute, […] -
March 28, 2020
Question Presented: Whether the Equal Protection Clause of the Fourteenth Amendment prohibits the State of California from defining marriage as the union of a man and a woman. -
March 28, 2020
Question Presented: Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream. -
March 28, 2020
Lozman v. City of Riviera Beach, No. 11-626 (merits brief for respondent filed July 12, 2012)
Question Presented: Whether a floating structure that is indefinitely moored, receives power and other utilities from shore, and is not intended to be used in maritime transportation or commerce constitutes a “vessel” under 1 U.S.C. § 3, thus triggering federal maritime jurisdiction. -
March 28, 2020
Henderson v. United States, No. 11-9307 (cert. petition filed February 23, 2012)
Question Presented: When the governing law is unsettled at the time of trial but settled in the defendant’s favor by the time of appeal, should an appellate court reviewing for “plain error” apply Johnson v. United States, 520 U.S. 461 (1997)’s time-of-appeal standard, as the First, Second, Sixth, Tenth, and Eleventh Circuits do, or should […] -
March 28, 2020
Question Presented: Does § 4(b) of the Outer Continental Shelf Lands Act extend Longshore and Harbor Workers’ Compensation Act coverage to an injury suffered by an outer-continental-shelf worker during the course of employment while performing a task that is causally connected to specified outer-continental-shelf operations even though the injury itself did not occur on the outer […] -
March 28, 2020
Steinbeck v. McIntosh & Otis, Inc., No. 10-1119 (cert. petition filed March 11, 2011)
Question Presented: Can the termination rights that Congress granted to authors and statutorily defined members of their families be extinguished by a copyright holder’s agreement even though that holder could not exercise the termination rights, as the Second Circuit held, or does such an agreement constitute an “agreement to the contrary” under the Copyright Act, […] -
March 28, 2020
Questions Presented: (1) Whether the Carmack Amendment applies to the inland leg of an international, multimodal shipment under a “through” bill of lading. (2) Whether carriers providing exempt transportation can contract out of Carmack under 49 U.S.C. §10709 or by offering Carmack-compliant terms to the rail carrier’s own direct customer. -
March 28, 2020
PNH, Inc. v. Alfa Laval Flow, Inc., No. 11-957 (cert. petition filed February 3, 2011)
Question Presented: Do states retain the power to permit traditional state-law claims for abuses of process relating to bankruptcy proceedings, as the Texas Supreme Court and the Third Circuit have held, or does the federal Bankruptcy Code preempt the field of state-law tort actions that rely in part on misconduct in a bankruptcy proceeding, as […] -
March 28, 2020
Witt v. United States, No. 10-885 (cert. petition filed January 7, 2011)
Question Presented: Should the Feres v. United States, 340 U.S. 135 (1950), doctrine be overruled, in whole or in part, on the ground that the Federal Tort Claims Act should not be construed to include a non-textual exception barring claims for injuries arising out of activity incident to service or, if there is such an […]
