Supreme Court Update: Order List 10/21/13

October 22, 2013 Supreme Court Update

Greetings, Court fans!

We have just a quick update this week with two new cert grants and one invitation to the SG.

Yesterday, the Court agreed to hear Hall v. Florida (12-10882), an appeal from the Florida Supreme Court which asks "[w]hether the Florida scheme for identifying mentally retarded defendants in capital cases violates Atkins v. Virginia."

The Court also granted cert in Robers v. United States (12-9012), a case out of the Seventh Circuit which asks "[w]hether a defendant – who has fraudulently obtained a loan and thus owes restitution for the loan under 18 U.S.C. § 3663A(b)(1)(B) – returns ‘any part' of the loan money by giving the lenders the collateral that secures the money?"

Finally, the Court invited the Solicitor General to weigh in on the cert petition in Arab Bank, PLC v. Linde (12-1485), which would present the following two questions: (1) Whether the Second Circuit erred when, in conflict with decisions of this Court and other circuits and in disregard of international comity and due process, it failed to vacate severe sanctions for non-production of records located in countries where production would subject the Bank to criminal penalties, hobbling the Bank's defense; and (2) Whether the courts below erred by failing to dismiss plaintiffs' [Alien Tort Statute] claims, as the Second Circuit's and this Court's decisions in Kiobel require.

There's no oral argument this week and no conference until next Friday, so things should be quiet at the Court. Rest assured, though, that we'll be back as soon as we hear anything new.

Kim, Jenny & Julie

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