Federal Judiciary

Petitions to Watch | 3.27.09

By Akin Gump Supreme Court Practice Group

This edition of ?Petitions to Watch? features cases up for consideration at the Justices? private conference on March 27. As always, the list contains the petitions on the Court?s paid docket that Tom has deemed to have a reasonable chance of being granted. To access previous editions of Petitions to Watch, visit our archives on SCOTUSwiki.

Docket: 08-567
Title: Agripost, LLC, et al. v. Miami-Dade County, Florida
Issue: What is the obligation of a property owner to litigate the basis of its takings claim in state court before proceeding to federal court?

• Opinion below (11th Circuit)
• Petition for certiorari
• Brief in opposition
• Reply brief for petitioner
• Brief amicus curiae for the National Association of Home Builders and Franklin P. Kottschade (in support of petitioners)
• Brief amicus curiae for Pacific Legal Foundation (in support of petitioners)
• Brief amicus curiae for Michigan State Bar (in support of petitioners)

Docket: 08-765
Title: Virginia v. Jaynes
Issue:  Whether a state’s criminal statute prohibiting falsified sender information in email spam is facially unconstitutional for overbreadth or if a court should in its holding compare the statute’s legitimate applications to unprotected commercial speech against its possible application to protected speech.

• Opinion below (Supreme Court of Virginia)
• Petition for certiorari
• Brief in opposition
• Brief amicus curiae for Alabama et al. (in support of petitioner)
• Brief amicus curiae for the Criminal Justice Legal Foundation (in support of petitioner)
• Brief amicus curiae for the American Center for Law and Justice (in support of petitioner)
• Brief amicus curiae for the United States Internet Service Provider Association (in support of petitioner)

Cases involving lawyers from Akin Gump or Howe & Russell (listed without regard to likelihood of being granted):

Docket: 08-704
Title: Bolton v. City of Dallas
Issue: Whether a municipality is liable under 42 U.S.C. § 1983 for its agent’s violation of a mandatory municipal policy.

• Opinion below (5th Circuit)
• Petition for certiorari
• Brief in opposition
• Reply brief for petitioner
• Brief amicus curiae for the National Employment Lawyers Association and National Education Association (in support of petitioners)

[Akin Gump represents the respondent.]

Full post as published by SCOTUSBLOG on March 19, 2009 (boomark / email).