United States Supreme Court Certiorari Granted

Opinions Filed in October 2012

Bullock v. BankChampaign

Whether §523(a)(4) of the Bankruptcy Code requires a showing of “extreme recklessness” or merely “objective recklessness” to constitute defalcation.

Area(s) of Law:
  • Bankruptcy Law

McQuiggin v. Perkins

Whether a prisoner claiming actual innocence when petitioning for a writ of habeas corpus must do so with "reasonable diligence."

Area(s) of Law:
  • Habeas Corpus

PPL Corp. v. CIR

Whether courts should apply a formalistic or substance-based approach when determining the creditability of foreign tax credits.

Area(s) of Law:
  • Tax Law

Trevino v. Thaler

Whether a state court procedural defect acts to bar a federal habeas court from hearing a substantial claim of ineffective assistance at trial.

Area(s) of Law:
  • Habeas Corpus

Arizona v. Inter Tribal Council

(1) Whether the Court of Appeals for the Ninth Circuit erred when it applied a heightened preemption test under the Elections Clause instead of applying the more traditional preemption analysis under the Supremacy Clause; and (2) whether the Court of Appeals for the Ninth Circuit erred in holding that the National Voter Registration Act preempted an Arizona law requiring proof of eligibility to register to vote.

Area(s) of Law:
  • Preemption

Alleyne v. United States

Whether Harris v. United States, which held that the Constitution does not require facts which increase a mandatory minimum sentence to be determined by a jury, should be overruled.

Area(s) of Law:
  • Sentencing

Bowman v. Monsanto

Whether patents on seeds containing self-replicating technology are exhausted after an authorized sale.

Area(s) of Law:
  • Patents

Boyer v. Louisiana

Whether a five-year delay due to a state funding crisis for indigent defendants counts against the state for speedy trial purposes.

Area(s) of Law:
  • Constitutional Law

Cable, Telecommunications, and Technology Committee v. FCC

Whether a Chevron analysis is appropriate for reviewing an administrative agency's interpretation of its own jurisdiction.

Area(s) of Law:
  • Administrative Law

Gunn v. Minton

Whether federal courts possess exclusive subject-matter jurisdiction over state-based legal malpractice claims that require application of federal patent law.

Area(s) of Law:
  • Civil Procedure

Koontz v. St. Johns River Water Mgmt.

Whether an "exactions taking" occurs under the Fifth Amendment to the United States Constitution when the government actor does not compel dedication of any interest in the real property to the public use, and when the alleged exaction consists of imposition of a monetary obligation as a condition of permit issuance but the permit is never issued.

Area(s) of Law:
  • Property Law

McBurney v. Young

Whether the Virginia Freedom of Information Act, which limits the right of access to public documents to Virginia citizens, violates the Constitution's Privileges and Immunities and dormant commerce clauses.

Area(s) of Law:
  • Constitutional Law

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