Supreme Court Update: 10/4/10 Order List

October 6, 2010 Supreme Court Update


Greetings, Court fans!

The Court released its first official order list of the Term on Monday. No new cert petitions were granted, but the Court did ask for the SG's views in a number of pending petitions:

Saleh v. Titan Corp. (09-1313), regarding the ability of former Abu Ghraib detainees to sue military contractors for abuses at the prison;

Von Saher v. Norton Simon Museum (09-1254), asking whether a state law that would extend the statute of limitations applicable to claims for recovery of artworks looted during the Holocaust is preempted by the federal foreign affairs powers;

Thunderhorse v. Pierce (09-1353), regarding whether, under the Religious Land Use and Institutionalized Persons Act, prison grooming rules must accommodate a Native American inmate's request to grow his hair long enough to wear in braids in religious practice;

Erica P. John Fund, Inc. v. Halliburton Co. (09-1403), on whether courts may require plaintiffs in securities fraud actions to establish loss causation at the class certification stage;

Laborers Council v. Omnicare (09-1400), which asks the Court to determine whether plaintiffs suing under Securities Act § 11, which imposes strict liability for knowing misrepresentations in a registration statement, must plead fraud with particularity; and

Norfolk Southern R. Co. v. Groves (09-1212), regarding who must pay fees for holding railroad cars too long after freight has been delivered.

The Court also asked the SG to weigh-in on Kansas v. Nebraska (126, Orig.), a case involving a water use dispute between the two states that invokes the Court's original jurisdiction.

Hopefully, the SG's input will lead to the Court hearing more than just the water rights case! We will be back as the Court continues to build its docket.

Kim & Jenny

From the Appellate and Complex Legal Issues Practice Group at Wiggin and Dana
For more information, contact Kim Rinehart or any other member of the Practice Group at 203-498-4400