United States Supreme Court Certiorari Granted

Opinions Filed in November 2012

Ass’n for Molecular Pathology v. Myriad Genetics, Inc.

Whether human genes are patentable.

Area(s) of Law:
  • Patents

Mutual Pharmaceutical Co. v. Bartlett

Whether federal law preempts state law design-defect claims against generic drug manufacturers.

Area(s) of Law:
  • Preemption

Horne v. U.S. Dept. of Agriculture

Whether a party may bring a Fifth Amendment Just Compensation Clause challenge in district court prior to exhausting the statutorily prescribed process for obtaining just compensation through the Court of Federal Claims.

Area(s) of Law:
  • Constitutional Law

Sebelius v. Cloer

Whether a person who untimely files a claim under the National Vaccine Injury Compensation Program is eligible for an award of attorneys’ fees when the claim was brought in good faith and with a reasonable basis.

Area(s) of Law:
  • Attorney Fees

American Exp. Co. v. Italian Colors Restaurant

Whether the Federal Arbitration Act allows a court to invalidate an arbitration agreement which prohibits class arbitration of a federal statutory claim.

Area(s) of Law:
  • Arbitration

Maryland v. King

Whether the Fourth Amendment allows states to collect and analyze DNA from persons arrested for violent crimes who have been charged but not convicted.

Area(s) of Law:
  • Constitutional Law

Peugh v. United States

Whether a court violates the Constitution's ex post facto clause by retroactively applying current sentencing guidelines to past crimes when the result is a harsher sentence.

Area(s) of Law:
  • Sentencing

Shelby County, Ala. v. Holder

"Whether Congress' decision in 2006 to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution."

Area(s) of Law:
  • Constitutional Law

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