Federal Judiciary

Today at the Supreme Court | 12.8.08

By Akin Gump Supreme Court Practice Group

At 10 a.m., the Court will release the remaining orders from the Justices? private conference last Friday. (Click here for the orders released Friday afternoon.)

Following the release of orders, the Court will hear argument in Peake. v. Sanders (07-1209), involving who bears the burden of showing the failure of the Department of Veterans Affairs to give statutorily required notice to benefits claimants was or was not prejudicial. Eric Miller of the Solicitor General’s officer will argue for the petitioner, Christopher Meade of New York will argue for respondent Simmons, and Mark Lippman of La Jolla, Calif., will argue for respondent Sanders.

At 11 a.m., the Court will hear argument in Pacific Bell v. linkLine Communications (07-512), on whether the Section 2 of the Sherman Act recognizes a ?price squeeze? claim against a company with no anitrust duty to deal with retail competitors. Aaron Panner Washington, D.C., and Deanne Maynard of the Solicitor General’s office will argue for the petitioner, Maxwell Bleecher of Los Angeles will argue in support of the respondent, and Richard Brunell of Newton, Mass., will argue for amicus curiae American Antitrust Institute in support of the respondent.

We will post links to copies of the transcripts as soon as they are available.

Full post as published by SCOTUSBLOG on December 08, 2008 (boomark / email).