Tuesday, June 30, 2009

Supreme Court Grants Certiorari in Seven Cases

The Supreme Court granted certiorari in seven cases today. The briefs for a couple of them, and a short description is pasted from the SCOTUS Blog below:

Docket: 08-803, 08-810, 08-826
Title: Alfieri v. Conkright; Conkright v. Frommert; Pietrowski v. Conkright
Issue: Whether the statutory requirements for releases of claims under the Older Workers Benefit Protection Act are applicable to ERISA claims; whether Firestone deference applies to a plan administrator’s interpretation of benefits when issued outside of the administrative claims process; and whether a totality-of-the-circumstances test should be used to determine if an employee has “knowingly and voluntarily” waived pension benefits by signing a boilerplate release.

Docket: 08-661
Title: American Needle Inc. v. NFL, et al
Issue: Whether NFLP, the NFL, and the teams functioned as a “single entity” when granting the company an exclusive headwear license and therefore could not violate Section 1 of the Sherman Act, 15 U.S.C. 1, which requires proof of collective action involving “separate entities.”
Petition for certiorari
Brief of respondents NFL
Petitioner’s supplemental brief
Brief amicus curiae of NHL in support of respondents
Brief amicus curiae of NBA in support of respondents
Brief amicus curiae of the United States (recommending that certiorari be denied)

Docket: 08-1214
Title: Granite Rock Company v. nternational Brotherhood of Teamsters, et al.
Issue: Whether a federal court has jurisdiction to determine collective bargaining agreement formation and whether a §301(a) action is available against a union that is not a direct signatory to the collective bargaining agreement.
Petition for certiorari
Brief in opposition of respondents International Brotherhood of Teamsters
Brief in opposition of respondent Teamsters Local 287
Petitioner’s reply
Brief amicus curiae of Center on National Labor Policy, Inc.
Brief amicus curiae of Associated General Contractors of America, Inc.
Brief amicus curiae of National Association of Manufacturers


Post a Comment