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Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company

Issues

Whether a state legislature may prohibit federal courts from using the class action device for state law claims?

 

Shady Grove Orthopedic Associates filed a class action lawsuit in federal court, arguing that Allstate Insurance Companyviolated New York law in failing to pay interest to policyholders. The district court dismissed the case on the grounds that New York law prevented a class action lawsuit in this context, and the Second Circuit affirmed. This case concerns the application of state law in federal court under the Erie Doctrine, particularly whether New York class action law applies in federal court and whether it conflicts with Rule 23 of the Federal Rules of Civil Procedure. Shady Grove argues that Rule 23 is the comprehensive class action rule for federal courts, and that New York law cannot undermine federal court procedure. Allstate claims that state law applies because plaintiffs would have different rights in state and federal court. The case will address Rule 23 and the ability of states to restrict class action lawsuits.

Questions as Framed for the Court by the Parties

1. Can a state legislature properly prohibit the federal courts from using the class action device for state law claims?

2. Can state legislatures dictate procedure in the federal courts?

3. Could state-law class actions eventually disappear altogether, as more state legislatures declare them off limits to the federal courts?

Shady Grove Orthopedic Associates (“Shady Grove”) provided medical care to Sonia Galvez for her injuries as a result of a car accident in May, 2005. See Shady Grove Orthopedic Assocs. v. Allstate Ins. Co. (“Shady Grove I”), 466 F. Supp. 2d 467, 469 (E.D.N.Y.

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Sprint Communications Co. v. Jacobs

Issues

Should federal courts abstain from remedial actions—state administrative proceedings initiated by a private party—involving a federal question?

Sprint brought an action before the Iowa Utility Board to prevent Windstream, then called Iowa Telecom, from cutting off service to Sprint’s customers. After refusing Sprint’s request to cancel the hearing, the Board required Sprint to pay interstate access charges to Windstream. Sprint, thinking that the Iowa Utility Board did not have jurisdiction to make this determination, initiated suits in federal and state courts against Elizabeth S. Jacobs and other members of the Iowa Utility Board in their official capacity. In the federal suit, the district court granted the Board members’ abstention motion under Younger v. Harris—which requires a federal court to abstain from interfering with certain ongoing state judicial proceedings. The Eighth Circuit affirmed the abstention. The Supreme Court will clarify the difference between remedial and coercive actions, and determine whether Younger abstention applies to a federal suit when there is an ongoing remedial action in state court. The Court’s ruling implicates important issues of federalism including whether a party can seek federal judicial review of a state agency’s decision after the party voluntarily initiated the action.

Questions as Framed for the Court by the Parties

Whether the Eighth Circuit erred by concluding, in conflict with decisions of nine other circuits and this Court, that Younger abstention is warranted not only when there is a related state proceeding that is "coercive" but also when there is a related state proceeding that is, instead, "remedial."

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Facts

Petitioner Sprint Communications Company, L.P. (“Sprint”) connected Voice over Internet Protocol (“VoIP”) calls from Sprint’s to Windstream’s customers.Sprint Commc’n. Co., L.P. v. Jacobs, et al., 690 F.3d 864, 866 (8th Cir.

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The Standard Fire Insurance Co. v. Knowles

After suffering property damage in a 2010 hailstorm, Greg Knowles filed a class action lawsuit in Miller County, Arkansas, against the Standard Fire Insurance Company ("Standard Fire") for failure to pay a contractor's retention fee. Standard Fire tried to remove the case to federal court under the Class Action Fairness Act of 2005 (“CAFA”), alleging that the amount in controversy exceeded $5,000,000. Pursuant to CAFA, a federal court has jurisdiction over a class action only if the amount in controversy exceeds $5,000,000. The district court remanded the case to state court because Knowles's complaint stipulated that he would not seek more than $5,000,000 in damages for the class. Standard Fire argues that Knowles cannot defeat removal under CAFA by using a stipulation because it would bind absent class members before class certification and before Knowles could be declared an adequate class representative. Knowles argues that as master of his complaint, he is free to limit his claims, and that class members are not adversely affected by the stipulation. The Supreme Court will determine whether a named plaintiff in a class action, before being declared an adequate class representative, can limit the entire class's claims to $5,000,000 in damages in order to defeat an attempt to remove the case to federal court.

Questions as Framed for the Court by the Parties

When a named plaintiff attempts to defeat a defendant's right of removal under the Class Action Fairness Act of 2005 by filing with a class action complaint a “stipulation” that attempts to limit the damages he “seeks” for the absent putative class members to less than the $5,000,000 threshold for federal jurisdiction, and the defendant establishes that the actual amount in controversy, absent the “stipulation,” exceeds $5,000,000, is the "stipulation" binding on absent class members so as to destroy federal jurisdiction?

Issue

Whether a named plaintiff in a class action lawsuit can defeat a defendant’s attempt to remove the action to federal court, by stipulating for the named plaintiff and absent potential class members that the class will not seek damages above the $5,000,000 threshold for federal jurisdiction, even where the defendant establishes that the amount in controve

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Thornell v. Jones

Issues

When considering a state court’s analysis of prejudice in an ineffective assistance of counsel claim under Strickland v. Washington (1984), when must a federal habeas court defer to factual and credibility findings of the district court and consider non-statutory aggravating evidence––including attacks on the mitigation case put on by the prisoner––in determining whether counsel’s deficient performance actually prejudiced the prisoner?

This case asks whether the U.S. Court of Appeals for the Ninth Circuit improperly overruled a district court when granting a defendant's ineffective assistance of counsel (“IAC”) claim on habeas review. The IAC claim arose in an Arizona capital murder case in which Respondent Danny Lee Jones argues that his trial counsel was ineffective in failing to secure psychology and neurology professionals in support of mitigating evidence relating to Jones’s mental health. Petitioner Ryan Thornell, the director of the Arizona Department of Corrections, argues that the Ninth Circuit failed to accord proper deference to the district court’s fact-finding as required by the Federal Rules of Civil Procedure. Additionally, Thornell argues that the Ninth Circuit failed to consider Arizona’s state sentencing laws as well as improperly weighed aggravating factors in Jones’s case. Jones rejects these claims, arguing that the Ninth Circuit properly adjudicated his claim with respect to both law and fact. This case has significant implications with respect to the proper standard of deference between appellate courts and district courts and raises concerns about finality and state sovereignty in enforcement of criminal statutes.

Questions as Framed for the Court by the Parties

Whether the U.S. Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. Washington when it disregarded the district court’s factual and credibility findings and excluded evidence in aggravation and the state’s rebuttal when it reversed the district court and granted habeas relief.

On March 26, 1992, in Bullhead City, Arizona, Danny Lee Jones and his friend Robert Weaver spent the day in Weaver’s garage consuming alcohol and using crystal methamphetamine. Jones v. Ryan at 1009. At some point, Jones and Weaver fought, which concluded when Jones struck Weaver multiple times in the head with a bat, killing Weaver. Id. Jones proceeded to enter Weaver’s house, strike Weaver’s grandmother in the head with the bat, and kill Weaver’s seven-year-old daughter.

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Tibbals v. Carter

Issues

Whether the Supreme Court's 1966 decision in Rees v. Peyton, in which a district court determined the mental competence of a death row prisoner in a habeas proceeding, guarantees that a prisoner sentenced to death has a right to be competent in federal habeas proceedings, and whether Rees authorizes a district court to stay a federal habeas proceeding for an undetermined, possibly infinite period of time.

 

Sean Carter was convicted of aggravated murder, aggravated robbery, and rape, and was sentenced to death in Ohio. His counsel filed a federal habeas corpus petition challenging his conviction and requested a pre-petition competency hearing to determine whether Carter was competent to participate in the federal habeas proceeding. The district court granted both the petition and the request. Two years later, the district court determined that Carter was incompetent and dismissed his petition while also stopping the one-year statute of limitations. When the warden at the facility where Carter is imprisoned challenged the district court's decision, the United States Court of Appeals for the Sixth Circuit determined that even though the district court was justified in finding Carter incompetent, the proper course of action was to stay, rather than dismiss, the habeas proceedings until Carter was competent. Another warden now argues that a district court does not have the authority to stay federal habeas proceedings, nor does Carter have a right to competence in his own habeas proceedings. How the Supreme Court decides this case will determine the balance between recognizing the finality of state-court criminal judgments and allowing federal courts to use their discretion to implement stays in federal habeas proceedings where a capital prisoner’s competence to assist counsel is questionable.

Questions as Framed for the Court by the Parties

1. Do capital prisoners possess a "right to competence" in federal habeas proceedings under Rees v. Peyton, 384 U.S. 312 (1966)?
2. Can a federal district court order an indefinite stay of federal habeas proceeding under Rees?

Sean Carter was convicted of aggravated murder, aggravated robbery, and rape and sentenced to death in Ohio. Carter v. Bradshaw, 583 F. Supp. 2d 872, 873 (N.D.

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Truck Insurance Exchange v. Kaiser Gypsum Company, Inc.

Issues

Does an insurance company whose underlying liability exposure under a proposed bankruptcy plan is no greater than prior to bankruptcy have standing to challenge a plan as a “party in interest” under § 1109(b) of the Bankruptcy Code?

This case asks the Court to resolve whether the prudential bankruptcy doctrine of “insurance neutrality” may be applied to exclude an insurance company from Section 1109(b)’s “party in interest” requirement. The insurance neutrality doctrine prohibits an insurance company from challenging a bankruptcy plan as a “party in interest” when that plan does not increase its liability exposure from pre-bankruptcy levels. This case arises from the Chapter 11 bankruptcy proceedings of Kaiser Gypsum Co. and Hanson Permanente Cement, who negotiated a plan to settle claims with asbestos tort claimants either through the tort system or via application to a special trust. The companies’ liability insurer, Truck Insurance Exchange, objected on the grounds that only the trust application process––not the tort-claim alternative––required significant disclosures from claimants to prevent duplicate or frivolous claims. Truck Insurance Exchange contends that “party in interest” encompasses any person materially affected by the bankruptcy plan. Kaiser Gypsum Company, Inc. and other co-respondents dispute that the fact that an insurer might have been better off under another plan constitutes an “interest” in the proceedings. The case has major implications for settlement of mass tort claims and fairness to creditors. The Court must balance interests in the speedy and consensual settlement of legitimate claims, a core function of bankruptcy proceedings, with the legitimate desire of creditors to prevent collusive suits between debtors and claimant parties.

Questions as Framed for the Court by the Parties

Whether an insurer with financial responsibility for a bankruptcy claim is a “party in interest” that may object to a plan of reorganization under Chapter 11 of the Bankruptcy Code.

Section 524(g) of the Bankruptcy Code permits debtors with significant asbestos liabilities to channel claims into a trust established pursuant to Chapter 11 reorganization (called a “channeling injunction”). Truck Insurance Exchange v. Kaiser Gypsum Co.

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Watson v. Philip Morris Companies, Inc.

Issues

Where no other reason exists for a federal court to have jurisdiction in a case, is a defendant corporation entitled to have the case heard in federal court because that corporation should be considered a “person acting under a federal officer” where the conduct in question occurred in a field which is heavily regulated by the federal government?

 

Philip Morris removed a class action tobacco lawsuit from an Arkansas state court to the Federal District Court for the Eastern District of Arkansas. Plaintiffs Watson and Lawson sought to remand the case to state court, but their motion was denied. The Eighth Circuit held that Philip Morris was a corporation qualifying as a “person acting under a federal officer” and thus entitled to removal under 28 U.S.C. § 1442(a)(1). The Supreme Court takes up the question of whether parties operating in an arena of heavy federal regulation qualify under this federal officer removal statute or, to the contrary, if the statute’s origins and history preclude such interpretation.

Questions as Framed for the Court by the Parties

Whether a private actor doing no more than complying with federal regulation is a “person acting under a federal officer” for the purpose of 28 U.S.C. § 1442(a)(1), entitling the actor to remove to federal court a civil action brought in state court under state law.

Lisa Watson and Loretta Lawson are smokers who purchased “light” cigarettes from tobacco company Philip MorrisWatson v. Philip Morris Companies, Inc., 2003 WL 23272484 *1 (E.D. Ark 2003) (not reported in F. Supp.2d). Watson and Lawson, and the class of individuals they represent, have sued the Philip Morris company for false advertising with regard to these purchased cigarettes, specifically, the Marlboro Lights and Cambridge Lights brands. Id.

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