IN THE SUPREME COURT OF THE UNITED STATES

Order of September 18, 2017

Writ of Certiorari is granted in the following cases

Argued Cases:

1) Patchak v. Zinke, No. 17-1227

On Certiorari from the United States Court of Appeals for the District of Columbia Circuit

Case Below: 828 F.3d 995 (D.C. Cir. 2016)

Issues Presented: Whether a federal statute directing the federal courts to “promptly dismiss” a pending lawsuit following substantive determinations by the court (including this court’s determination that the “suit may proceed”)—without amending the underlying substantive or procedural laws—violates the Constitution’s separation of powers principles of United States v. Klein and its progeny.

Note: Cert actually granted; argument in October

Counsel of Record: Paige Bennett; Yosef Kudan

Court: Jackson Shuford; Vincent Nunchuck

2) Casey v. Denton, No. 17-0423

On Certiorari from the United States Court of Appeals for the Seventh Circuit (before judgment)

Case Below: 2017 WL 3461363 (S.D. Ill. 2017), cert granted before judgment under § 1254(1)

Issue Presented: Whether a state-law claim of legal malpractice arises under federal law and is removable from state court, where the alleged malpractice involved defendants’ conduct as lead or liaison counsel in a federal Multi-District Litigation convened under 28 U.S.C. § 1407.

Note: Decision of district court only. Fact-intensive.

Counsel of Record: Simone Graff; Christian Cantos

Court: Rachel Heim; Samuel Basch

3) Hayes v. Allstate Insurance Co., No. 17-0526

On Certiorari from the United States Court of Appeals for the Second Circuit

Case Below: 853 F.3d 80 (2d Cir. 2017)

Issue Presented: Whether the “first-to-file” requirement for a qui tam action under the False Claims Act is a limitation on the jurisdiction of the federal district court or whether it goes to the substantive merits of the relator’s claim.

Note: Circuit split, as discussed

Counsel of Record: Jackson Shuford; Shannon Crosby

Court: Andrew Balthazor; Stefan Diaz-Espinosa

4) Flanigan’s Enterprises, Inc. of Georgia v. City of Sandy Springs, No. 17-0520

On Certiorari from the United States Court of Appeals for the Eleventh Circuit

Case Below: ___ F.3d ___, 2017 WL 3613921 (11th Cir. 2017) (en banc)

Issue Presented: Whether a claim for nominal damages for past harm prevents a civil action from becoming moot when the challenged municipal ordinance has been repealed.

Note: Dissent below. Circuit split, as discussed.

Counsel of Record: Sandra Ramirez; Vincent Nunchuck

Court: Paige Bennett; Christian Cantos

5) 202 North Monroe, LLC v. Sower, No. 17-0303

On Certiorari from the United States Court of Appeals for the Sixth Circuit

Case Below: 850 F.3d 265 (6th Cir. 2017)

Issue Presented: Whether a federal action to enjoin a state-court proceeding challenging settlement of a prior lawsuit falls within the “relitigation exception” to the Anti-Injunction Act, giving the federal court jurisdiction.

Note: Fact-intensive

Counsel of Record: Rachel Heim; Jackson Shuford

Court: Simone Graff; Allison Gordon

6) Salt River Project Agricultural Improvement and Power District v. SolarCity Corp., No. 16-0428

On Certiorari from the United States Court of Appeals for the Ninth Circuit

Case Below: 859 F.3d 720 (9th Cir. 2017)

Issues Presented: Whether the district court’s denial of state-action immunity from federal antitrust liability is immediately appealable under the collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp.

Note: Circuit split, as discussed

Counsel of Record: Andrew Balthazor; Allison Gordon

Court: Sandra Ramirez; Shannon Crosby

7) Stinnie v. Holcomb No. 16-0515

On Certiorari from the United States Court of Appeals for the Fourth Circuit (before judgment)

Case Below: 2017 WL 963234 (W.D. Va. 2017), cert granted before judgment under § 1254(1)

Issues Presented: Whether Rooker-Feldman strips district court of jurisdiction over challenge to administrative order suspending drivers licenses of individuals owing debts to state courts.

Note: Requires close review of relevant statutory provisions. Decision of district court only.

Counsel of Record: Stefan Diaz-Espinosa

Court: Yosef Kudan; Andrew Balthazor

Opinion-Only Cases:

1) Ansley v. Warren No. 17-1230

On Certiorari from the United States Court of Appeals for the Fourth Circuit

Case Below: 861 F.3d 512 (4th Cir. 2017)

Issue Presented: Whether plaintiffs have taxpayer standing under Flast v. Cohen to challenge state statute permitting magistrates to recuse themselves from performing marriages to which they have religious objections.

2) Sai v. TSA, No. 17-0331

On Certiorari from the United States Court of Appeals for the First Circuit

Case Below: 843 F.3d 33 (1st Cir. 2016)

Issue Presented: Whether district court’s refusal to appoint counsel for plaintiff in federal employment-discrimination action under federal statute is immediately appealable under the Collateral Order Doctrine of Cohen v. Beneficial Indus. Loan Corp.

Note: Circuit split, as discussed

3) Barber v. Bryant, No. 17-0619

On Certiorari from the United States Court of Appeals for the Fifth Circuit

Case Below: 860 F.3d 345 (5th Cir. 2017)

Issue Presented: Whether plaintiffs have standing to challenge statute prohibiting state from imposing adverse civil consequences on individuals who act on certain enumerated “religious beliefs or moral convictions.”

4) Ferrer v. Senate Permanent Subcommittee on Investigations, No. 17-0714

On Certiorari from the United States Court of Appeals for the District of Columbia Circuit

Case Below: 856 F.3d 1080 (D.C. Cir. 2017)

Issue Presented: Whether action seeking injunction requiring Senate subcommittee to “return, destroy, or refrain from publishing” documents obtained pursuant to subpoena was moot.

5) Artis v. District of Columbia, No. 16-1028

On Certiorari from the District of Columbia Court of Appeals

Case Below: 135 A.3d 334 (D.C. Ct. App. 2016)

Issues Presented: Whether the tolling provision in 28 U.S.C. § 1367(d) suspends the limitations period for the state-law claim while the claim is pending and for 30 days after the claim is dismissed or merely provides 30 days beyond the dismissal for the plaintiff to refile.

Note: Cert actually granted. Circuit split, as discussed.