Order List

November 13, 2007 Supreme Court Update

Greetings, Court Fans!
It's another short Update, as the Court will hear no arguments this week and does not seem particularly motivated about issuing opinions. Today's order list did have one new grant, however, as the Court endeavors to fill up its docket for the Term. The new case, Richlin Security Service Co. v. Chertoff (06-1717), asks: "Under the Equal Access to Justice Act (EAJA) . . . may a prevailing party be awarded attorney fees for paralegal services at the market rate for such services, as four circuits have held, or does EAJA limit reimbursement for paralegal services to cost only, as the Federal Circuit panel majority below held?" The Federal Circuit has not fared too well at the Court lately – we'll have to see how they do on a non-IP issue.
Also, the Court invited the SG to brief the cert petition in Exxon Mobil Corp. v. Doe (07-81), indicating that the petition has aroused at least a few Justices' curiosity. That petition asks: "Where a lawsuit challenges the activities of a foreign government, and the Executive warns that the litigation itself, and not just the effects of a final judgment, would risk a potentially serious adverse impact on significant foreign policy interests of the United States, does the collateral order doctrine permit immediate appeal of a district court's denial of a motion to dismiss under the political question doctrine?" (One wonders why the Court needed the SG's views on this issue -- as an arm of the Executive, presumably the SG will support immediate review).
That's all for now, but we'll let you know if anything of note comes down before Thanksgiving. If not, have a happy holiday, and thanks for reading!
Ken & Kim

From the Appellate Practice Group at Wiggin and Dana
For more information, contact Kim Rinehart, Ken Heath, Aaron Bayer, or Jeff Babbin at 203-498-4400