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Below are cases coming before the Supreme Court in the coming weeks and the lawyers who will argue them. “Docket Watch” appears at the beginning of each two-week argument cycle when the high court hears cases.
MONDAY, APRIL 23 • United States v. Atlantic Research Corp. No. 06-562 Certiorari to the U.S. Court of Appeals for the 8th Circuit. Question presented: Under the Comprehensive Environmental Response, Compensation, and Liability Act, can a party that is potentially responsible for the cost of cleaning up hazardous substances bring an action against another potentially responsible party? For petitioner: Thomas Hungar, deputy solicitor general, Justice Department, Washington, D.C. For respondent: O. Thomas Armstrong Jr., von Briesen & Roper, Milwaukee, Wis.; and Jay Geck, deputy solicitor general, Olympia, Wash. (for Washington, et al. as amici curiae) • Brendlin v. California No. 06-8120 Certiorari to the Supreme Court of California. Question presented: Whether in a traffic stop a passenger is considered “detained” under the Fourth Amendment, thus allowing the passenger to contest the legality of the traffic stop. For petitioner: Elizabeth Campbell, Central California Appellate Program, Sacramento, Calif. For respondent: Clifford Zall, deputy attorney general, Sacramento. • Hinck, et ux. v. United States No. 06-376 Certiorari to the Court of Appeals of the Federal Circuit. Question presented: Did the granting of selective, limited jurisdiction in Section 6404 (e) (1) give the Tax Court exclusive jurisdiction over claims? For petitioner: Thomas Redding, Redding & Associates, Houston. For respondent: Jonathan Marcus, assistant to the solicitor general, Department of Justice, Washington, D. C.
TUESDAY, APRIL 24 • The Permanent Mission of India to the United Nations, et al. v. City of New York No. 06-134 Certiorari to the U.S. Court of Appeals for the 2nd Circuit. Questions presented: Does the exception to sovereign immunity prevail when a municipality tries to impose a tax lien on a foreign government’s property within the United States? Can the courts use international treaties that have not been ratified by the government when interpreting U.S. statutes? For petitioners: John J.P. Howley, Kaye Scholer, New York; Sri Srinivasan, assistant to the solicitor general, Justice Department, Washington, D.C. (for United States, as amicus curiae.) For respondents: Michael Cardozo, Corporation Counsel of the City of New York. • Jeffrey H. Beck, Liquidating Trustee of the Estates of Crown Vantage Inc. and Crown Paper Co. v. PACE International Union, et al. No. 05-1448 Certiorari to the U.S. Court of Appeals for the 9th Circuit. Question presented: Is a pension plan sponsor subject to Employee Retirement Income Security Act fiduciary responsibilities if the plan sponsor terminates a plan by purchasing an annuity? For petitioner: M. Miller Baker, McDermott Will & Emery, Washington, D.C.; Matthew Roberts, assistant to the solicitor general, Justice Department, Washington, D.C. (for United States, as amicus curiae.) For respondents: Julia Clark, Bredhoff & Kaiser, Washington, D.C. • Office of Sen. Mark Dayton v. Hanson No. 06-618 Appeal from the Court of Appeals for the D.C. Circuit. Question presented: Does the Constitution prevent federal court jurisdiction of an action brought under the Congressional Accountability Act of 1995 by a congressional employee? For appellant: Jean Manning, Senate chief counsel for employment, Washington, D.C. For appellee: Richard Salzman, Heller, Huron, Chertkof, Lerner, Simon & Salzman, Washington, D.C.; and Thomas Caballero, assistant Senate legal counsel, Washington, D.C. (for U.S. Senate, as amicus curiae.)
WEDNESDAY, APRIL 25 • Federal Election Commission v. Wisconsin Right to Life Sen. John McCain, et al. v. Wisconsin Right to Life Nos. 06-969 and 06-970 Appeal from the Court of Appeals for the D.C. Circuit. Question presented: Did the district court err in ruling Section 203 of the Bipartisan Campaign Reform Act unconstitutional? For appellant in No. 06-969: Paul Clement, solicitor general, Justice Department, Washington, D.C. For appellant in No. 06-970: Seth Waxman, WilmerHale, Washington, D.C. For appellee: James Bopp Jr., Bopp, Coleson & Bostrom, Terre Haute, Ind. • Watson, et al. v. Philip Morris Cos., et al. No. 05-1284 Certiorari to the U.S. Court of Appeals for the 8th Circuit. Question presented: Is a private actor complying only with federal regulations a “person acting under a federal officer,” giving the actor the right to move a civil action brought in state court to federal court? For petitioner: David Frederick, Kellogg, Huber, Hansen, Todd, Evans & Figel, Washington, D.C.; Irving Gornstein, assistant to the solicitor general, Justice Department, Washington, D.C. (for United States, as amicus curiae.) For respondents: Theodore Olson, Gibson, Dunn & Crutcher, Washington, D.C.

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