Federal Judiciary

Notable Petitions

By Akin Gump Supreme Court Practice Group

Three more notable petitions were recently filed: Mendoza v. Bridgestone Firestone North American Tire, Wilson v. Johnson, and City of Warren v. Moldowan.  The petitions and the questions that they present follow the jump.  Briefs in opposition have not yet been filed.

Title: Mendoza v. Bridgestone Firestone North American Tire
Docket: 09-1124
Issue: Whether a party to a multidistrict litigation proceeding conducted pursuant to 28 U.S.C. § 1407 may seek to overturn an adverse forum non conveniens pretrial ruling by the transferee district court through mandamus to the circuit court with appellate authority over the transfer or district court rather than the circuit court with such authority over the transferee district court after the cases are returned to the transfer or district court for trial.

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

Title: Wilson v. Johnson
Docket: 09-1143
Issue: Whether the denial of the appointment of counsel in a civil case is an immediately appealable order.

• Opinion below (Unpublished, 4th Circuit)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

The following petition was filed by Akin Gump, and is noted without regard to its likelihood or worthiness of being granted:

Title: City of Warren v. Moldowan
Docket: 09-1149
Issue: What standard governs the civil liability of a police officer on a claim that he violated a criminal defendant?s right to due process by withholding exculpatory evidence; and (2) whether, in an interlocutory appeal, when a court of appeals awards qualified immunity to the only individual municipal defendant, the court has jurisdiction to recognize that the municipality will be entitled to summary judgment on that basis.

• Opinion below (Amended, 6th Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on April 06, 2010 (boomark / email).