20. ABA FILES FRIEND-OF-THE-COURT BRIEFS IN U.S. SUPREME COURT

Every year the ABA files a number of amicus briefs before the Supreme Court on issues on which the association has adopted policy, when it thinks its viewpoint will be helpful to the Court. In the last Court session, the ABA filed eight such briefs.The association's briefs are available at the Web pages linked below.

  • Bell Atlantic Corporation. v. William Twombly [PDF], on whether mere allegations of parallel conduct by competitors coupled with a bare bones allegation of conspiracy are sufficient to state the material element of conspiracy for purposes of Section 1 Sherman Act claim.
  • MedImmune, Inc. v. Genentech, Inc. [PDF] on whether a patent licensee must breach a license agreement before filing a declaratory judgment lawsuit against the licensor. 
  • Lopez v. Gonzalez and Toledo-Flores v. United States [PDF] on whether a state felony drug conviction equivalent to a federal misdemeanor can be a "removable" offense within the meaning of the Immigration and Nationality Act. 
  • eBay.com v. MercExchange [PDF] on whether a district court, in a patent case, absent exceptional circumstances, must issue a permanent injunction after a finding of infringement.
  • Woodford v. Ngo [PDF] on whether the Prison Litigation Reform Act's requirement that prisoners exhaust all available administrative remedies requires prisoners to file administrative grievances or appeals in a timely manner consistent with procedural rules.
  • Dimick v. Republican Party of Minnesota [PDF] on whether states can restrict candidates for judgeships from participating in political party activities and soliciting campaign contributions.
  • Bustillo v. Johnson [PDF] on whether suppression of evidence is an appropriate remedy when a state fails to inform a foreign national that he is entitled, under the Vienna Convention on Consular Relations, to inform his consulate of his detention.
  • House v. Bell [PDF] asking whether the petitioner's new evidence, though presenting at the very least a colorable claim of actual innocence, was as a matter of law insufficient to excuse his failure to present that evidence before the state courts.

 

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