Two weeks into November, and the month is effectively over.
Presidential election? Done. Supreme Court sitting? Done.
The rest of the month is essentially a downward spiral to federal holidays, holiday parties, and 2013. And speaking of 2013, we have the argument calendar for the Supreme Court's session beginning on January 7.
Couldn't wait for that, could you?
Monday, January 7:
- Descamps v. U.S. Whether a federal court can enhance a federal sentence based on a state conviction for burglary if the state statute is missing an element of the generic crime.
- Standard Fire Insurance v. Knowles Can a plaintiff thwart class action removal by stipulating that he seeks less than $5 million if the defendant establishes that the actual amount in controversy exceeds $5 million?
Tuesday, January 8:
- Gabelli v. SEC Defining the start of the five-year time limit for the SEC to seek penalties for securities fraud.
- Delia v. EMA Resolving a conflict between the Fourth Circuit and the North Carolina Supreme Court regarding whether N.C. Gen. Stat. § 108A-57 is preempted by the Medicaid Act's anti-lien provision as it was construed in Arkansas Department of Health & Human Services v. Ahlborn.
Wednesday, January 9:
- Missouri v. McNeely Can the cops take a blood sample from a drunken driving suspect without a warrant or the suspect's permission?
- Maracich v. Spears Whether lawyers who obtain, disclose, or use driver's license information solely to find clients to represent in an incipient lawsuit -- as opposed to evidence for use in existing or potential litigation -- are protected under the under the litigation exception of the Driver's Privacy Protection Act.
Monday, January 14:
- Alleyne v. U.S. Re-examining the Court's decision in Harris v. United States, that the Constitution does not require facts which increase a mandatory minimum sentence to be determined by a jury.
- Boyer v. Louisiana Whether a state's failure to fund counsel for an indigent defendant for five years, particularly where failure was the direct result of the prosecution's choice to seek the death penalty, should be weighed against the state for speedy trial purposes?
Tuesday, January 15:
- Levin v. U.S. Whether suit may be brought against the United States for battery committed to a civilian by military medical personnel acting within the scope of employment.
- Koontz v. St. Johns River Water Management District Does an agency commit a taking when it refuses to issue a permit?
Wednesday, January 16:
- City of Arlington v. FCC and Cable, Telecommunications and Technology v. FCC (consolidated) Whether a court should apply Chevron U.S.A. Inc. v. NRDC, Inc., to review an agency's determination of its own jurisdiction.
- Gunn v. Minton Deciding whether federal courts have exclusive "arising under" jurisdiction when the sole substantive issue is the application of a patent law doctrine which is an essential element of a legal malpractice claim.