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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 […] -
March 28, 2020
Wright v. United States, No. 10-5645 (cert. petition filed July 30, 2010)
Question Presented: Does the use of nonjury juvenile adjudications to enhance a sentence beyond the otherwise applicable statutory maximum violate the Sixth Amendment right to a trial by jury? -
March 28, 2020
Question Presented: Whether the doctrine of laches is applicable to a disparagement petition filed pursuant to 1064(3) of the Lanham Act despite the statutory language stating that such a petition may be filed “at any time.” -
March 28, 2020
Serna-Guerra v. Holder, No. 08-983 (cert. petition filed February 2, 2009)
Question Presented: Does unauthorized use of a vehicle constitute a “crime of violence,” as the Fifth Circuit has repeatedly held, or does that offense fall outside the 18 U.S.C. § 16 definition, as the Tenth Circuit has held? -
March 28, 2020
Aguilera v. Baca, No. 07-1547 (cert. petition filed June 11, 2008)
Question Presented: Does a public employer violate its employees’ Fifth Amendment rights by punishing them for their refusal to provide potentially incriminating testimony in an internal investigation when it did not provide notice that the testimony could not be used against them in criminal proceedings and that they would therefore be subject to administrative discipline […] -
March 28, 2020
United States ex rel. Bly-Magee v. Premo, No. 06-1269 (cert. petition filed on March 16, 2007)
Question Presented: Under the “public disclosure bar” of the False Claims Act, 31 U.S.C. § 3730(e)(4)(A), a court generally may not hear a qui tam action based on “the public disclosure of allegations or transactions . . . in a congressional, administrative, or [GAO] report, hearing, audit, or investigation.” Does the phrase “administrative . . . report, […]
