Federal Judiciary

Petitions to Watch | Conference of 3.28.08

By Akin Gump Supreme Court Practice Group

The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of March 28. As always, the list reflects 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, including the lists for the upcoming conferences of March 14 and March 21, visit our archives here on SCOTUSwiki. For the full list of petitions on our watch list, continue reading after the jump.

Conference of March 28, 2008

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Docket: 07-665
Case name: Pleasant Grove City, Utah v. Summum
Issue: Whether, under the First Amendment, privately donated monuments placed in a public park qualify as private or government speech.

• Opinion below (10th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Virginia, eight other states and Puerto Rico (in support of the petitioner)
• Amicus brief of the American Legion (in support of the petitioner)
• Amicus brief of the cities of Casper, Wyoming; Santa Fe, New Mexico; and Ogden, Utah (in support of the petitioner)

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Docket: 07-690
Case name: Duchense City, Utah v. Summum
Issue: Whether, under the First Amendment, privately donated monuments placed in a public park qualify as private or government speech.

• Opinion below (10th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Virginia, eight other states and Puerto Rico (in support of the petitioner)
• Amicus brief of the American Legion (in support of the petitioner)

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Docket: 07-849
Case name: Collins v. D.R. Horton, Inc.
Issue: Whether a court or an arbitrator should determine the preclusive effect of a prior court judgment on an arbitration?

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

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Docket: 07-998
Case name: Circuit City Stores, Inc. v. Gentry
Issue: Whether, under the Federal Arbitration Act, state courts may decline to enforce class arbitration waivers by employees asserting violations of state wage and hour laws.

• Opinion below (Supreme Court of California)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Ace American Insurance Company, et al. (in support of the petitioner)
• Amicus brief of the Chamber of Commerce (in support of the petitioner)
• Amicus brief of the Pacific Legal Foundation (in support of the petitioner)

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Full post as published by SCOTUSBLOG on March 13, 2008 (boomark / email).