Federal Judiciary

Notable Petitions

By Akin Gump Supreme Court Practice Group

The following three noteworthy petitions were recently filed: Rodrequis Armani Council v. United States (09-936), Louisiana Safety Association of Timbermen – Self Insurers Fund v. Certain Underwriters at Lloyd’s, London (09-945), and Jaskolski v. Daniels (09-946).  Briefs in opposition have not yet been filed, but the questions presented and links to the petitions follow the jump.

Title: Rodrequis Armani Council v. United States
Docket: 09-936
Issue: Whether a Hobbs Act (18 U.S.C. § 1951(a)) prosecution of local robberies that have only a de minimis effect on interstate commerce is an unconstitutional exercise of federal power.  [The United States waived its right to file a response to the petition, which has been distributed for the March 19 conference.]

• Opinion below (4th Circuit)
• Petition for certiorari

Title: Louisiana Safety Association of Timbermen – Self Insurers Fund v. Certain Underwriters at Lloyd’s, London
Docket: 09-945
Issue: Whether Chapter 2 of the Federal Arbitration Act is an “Act of Congress” subject to the anti-preemption provision of the McCarran-Ferguson Act.

• Opinion below (5th Circuit)
• Petition for certiorari

Title: Jaskolski v. Daniels
Docket: 09-946
Issues: (1) Whether the court below erred in holding that one of the petitioners was an “independent contractor” rather than an “employee of the government,” such that the United States had no authority to supervise or control the manner in which he interrogated federal grand jury witnesses, reviewed grand jury materials, or managed documents or witnesses at a federal criminal trial; and (2) whether the same court erred by including in the definition of “employee of the government” the additional burden of proving that the federal government “pressed [the petitioner] into service” or “required” him to act?

• Opinion below (Court of Appeals of Indiana, District No. 1)
• Petition for certiorari

Full post as published by SCOTUSBLOG on March 05, 2010 (boomark / email).