Federal Judiciary

More Grants on the Way?

By Akin Gump Supreme Court Practice Group

Before the Court officially recesses for the summer, the Clerk will issue a list of final orders in pending cases tomorrow at 10 a.m.  If prior years are any indication, the orders list may include additional grants of certiorari in cases considered earlier today at the Justices’ final (unscheduled) conference. For the full list of cases distributed for today’s conference, click here.  For the certiorari filings in cases distributed for today’s conference that previously were included on our list of petitions to watch, continue reading after the jump.

Conference of June 26, 2008

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Docket: 06-1458
Case name: Geddes, et ux. v. United Staffing Alliance Employee Medical Plan, et al.
Issue: Whether, under ERISA, courts should apply a deferential standard of review to denial of medical benefits where the plan gives the named fiduciary discretionary authority to decide benefit claims but where a non-fiduciary agent with no discretionary authority makes the final benefit decision.

• Opinion below (10th Circuit)
• Petition for certiorari
• Brief in opposition of respondent Everest Administrators, Inc.
• Brief in opposition of respondents United Staffing Alliance Employee Medical Plan, et al.
• Brief amicus curiae of United States (recommending holding of petition pending decision in MetLife v. Glenn)

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Docket: 07-841
Case name: Amschwand v. Spherion Corp., et al.
Issue: Whether an action by a plan beneficiary against a plan fiduciary for monetary relief equal to the insurance benefits that the beneficiary would have received absent the fiduciary?s breach of fiduciary duty seeks ?equitable relief? under ERISA.

• Opinion below (5th Circuit)
• Petition for certiorari
• Brief in opposition
• Brief amicus curiae of United States (recommending grant of certiorari)
• Supplemental brief of respondents

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Docket: 07-984 and 07-990
Case name: Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, et al. and Alaska v. Southeast Alaska Conservation Council, et al.
Issue: Whether the U.S. Army Corps of Engineers may not issue a permit for discharge of fill material otherwise subject to effluent limitations under Sections 301 or 306 of the Clean Water Act.

• Opinion below (9th Circuit)
• Petition for certiorari (Coeur)
• Petition for certiorari (Alaska)
• Brief of respondent Goldbelt, Inc. in support
• Brief of federal respondents in opposition
• Brief of respondent Southeast Alaska Conservation Council, et al. in opposition
• Petitioner?s reply (Coeur)
• Petitioner?s reply (Alaska)
• Brief amici curiae of National Mining Association, et al. (in support of the petition)
• Brief amicus curiae of Mountain States Legal Foundation (in support of the petition)
• Brief amici curiae of Pacific Legal Foundation, et al. (in support of the petition)

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Docket: 07-1315
Case name: Knowles v. Mirzayance
Issue: Whether the defendant?s lawyer?s recommendation to withdraw an insanity plea constituted ineffective assistance of counsel for purposes of federal habeas law.

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition

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Full post as published by SCOTUSBLOG on June 26, 2008 (boomark / email).