United States Supreme Court Certiorari Granted

Opinions Filed in November 2018

Cochise Consultancy, Inc. v. United States, ex rel. Hunt

Whether a relator in a False Claims Act qui tam action may rely on the statute of limitations in 31 U.S.C. § 3731(b)(2) in a suit in which the United States has declined to intervene and, if so, whether the relator constitutes an “official of the United States” for purposes of Section 3731(b)(2)?

Area(s) of Law:
  • Civil Law

In re Department of Commerce et al.

Whether in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., a district court may order discovery outside the administrative record to probe the mental processes of the agency decision maker.

Area(s) of Law:
  • Administrative Law

PDR Network, LLC,. v. Carlton & Harris Chiropractic, Inc.

Whether the Hobbs Act required the district court in this case to accept the FCC's legal interpretation of the Telephone Consumer Protection Act.

Area(s) of Law:
  • Administrative Law

Smith v. Berryhill

Whether the Appeals Council’s decision to reject a disability claim on the ground that the claimant’s appeal was untimely is a “final decision” subject to judicial review under 42 U.S.C. § 405(g).

Area(s) of Law:
  • Administrative Law

Flowers v. Mississippi

Whether a prosecutor's history of adjudicated purposeful race discrimination may be dismissed as irrelevant when assessing the credibility of his proffered explanations for peremptory strikes against minority prospective jurors?

Area(s) of Law:
  • Criminal Procedure

Gray v. Wilke

Whether the Federal Circuit has jurisdiction under 38 U.S.C. § 502 to review an interpretive rule reflecting Department of Veterans Affairs definitive interpretation of its own regulation, even if VA chooses to promulgate that rule through its adjudication manual.

Area(s) of Law:
  • Administrative Law

Maryland National Capital Park v. Humanist Association

Whether the Establishment Clause requires removal or destruction of a cross-shaped World War I memorial on government property.

Area(s) of Law:
  • First Amendment

Mont V. United States

Is a district court required to exercise its jurisdiction in order to suspend the running of a supervised release sentence as directed under 18 U.S.C. §3583(i) prior to expiration of the term of supervised release, when a supervised release is in pretrial detention, or does 18 U.S.C. §3624(e) toll the running of supervised release while in pretrial detention?

Area(s) of Law:
  • Criminal Procedure

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