List of pending United States Supreme Court cases

This is a list of cases before the United States Supreme Court that the Court has agreed to hear and has not yet decided.

Case Question Granted cert. Argument Date
Air and Liquid Systems Corp. v. DevriesCan products liability defendants be held liable under maritime law for injuries caused by products that they did not make, sell, or distribute? May 14, 2018 Oct 10 2018
Apple Inc. v. Pepper Can consumers sue anyone who delivers goods to them for antitrust damages, even where they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense? Jun 18, 2018
Azar v. Allina Health Services Was the Department of Health and Human Services required to conduct notice-and-comment rulemaking before providing the challenged instructions to a Medicare administrative contractor who made initial determinations of payments due under Medicare? Sept 27, 2018
Biestek v. Berryhill Can an applicant for Supplemental Security Income and Disability Insurance use a vocational expert’s testimony as "substantial evidence" of "other work" if the expert does not provide the underlying data? Jun 25, 2018
BNSF Railway Company v. Loos Does the Railroad Retirement Tax Act require a railroad company's payment to an employee for time lost from work be compensation subject to employment taxes? May 14, 2018 Nov 6, 2018
Bucklew v. Precythe What is the evidentiary burden of an inmate challenging a state’s method of execution and seeking an alternative execution method? Apr 30, 2018 Nov 6, 2018
Culbertson v. Berryhill Do fees subject to 42 U.S.C. § 406(b)’s 25% cap related to the representation of individuals claiming Social Security benefits include only fees for representation in court, or do they also include fees for representation before the agency? May 21, 2018 Nov 7, 2018
Dawson v. Steager Does a provision of the West Virginia Code that exempts retirement income of many state and local firefighters and law enforcement officers from state taxation, but not federal marshals, violates 4 U.S.C. § 111 by discriminating "because of the source of the pay or compensation"? Jun 25, 2018
Fourth Estate Public Benefit Corp. v. Wall-Street.com Does the "registration of [a] copyright claim has been made" within the meaning of 17 U.S.C. § 411(a) take place when the copyright holder delivers the required application, deposit, and fee to the copyright office, or only once the copyright office acts on that application? Jun 28, 2018
Franchise Tax Board of California v. Hyatt Should the Court overrule its prior decision in Nevada v. Hall, which permits a sovereign state to be haled into another state’s courts without its consent? Jun 28, 2018
Frank v. Gaos Does, or in what circumstances does, a cy-près award of class action proceed that provides no direct relief to class members supports class certification and comport with the requirement that a settlement binding class members must be "fair, reasonable, and adequate?" Apr 30, 2018 Oct 31, 2018
Gamble v. United States Should the "separate sovereigns" exception to the Double Jeopardy Clause be overruled? Jun 28, 2018
Garza v. Idaho Does the decision of a criminal defendant’s trial lawyer not to appeal a conviction because the defendant’s plea agreement included an appeal waiver trigger a "presumption of prejudice" indicating ineffective assistance of counsel? Jun 18, 2018 Oct 30, 2018
Gundy v. United States Does the Sex Offender Notification and Registration Act’s delegation of authority to the U.S. Attorney General to issue regulations violate the nondelegation doctrine? Mar 5, 2018 Oct 2, 2018
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. Under the Leahy-Smith America Invents Act, does an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential qualify as prior art for purposes of determining the patentability of the invention? Jun 25, 2018
Henry Schein Inc. v. Archer and White Sales Inc. Does the Federal Arbitration Act permit a court to decline to enforce an agreement delegating questions of arbitrability to an arbitrator if the court concludes the claim of arbitrability is "wholly groundless." Jun 25, 2018 Oct 29, 2018
Herrera v. Wyoming Did Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogate the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the "unoccupied lands of the United States," thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family? Jun 28, 2018
Home Depot U.S.A. Inc. v. Jackson Sept 27, 2018
Jam v. International Finance Corp. What is the level of immunity enjoyed by international organizations under the International Organizations Immunities Act? May 21, 2018 Oct 31, 2018
Knick v. Township of Scott, Pennsylvania (1) Will the Court affirm or abrogate its holding in Williamson County Regional Planning Commission v. Hamilton Bank that requires property owners to exhaust state court remedies before bringing federal Takings Clause claims? (2) Does the ripeness doctrine established in Williamson County apply to takings claims that assert that a law is unconstitutional on its face? Mar 5, 2018 Oct 3, 2018
Lamps Plus, Inc. v. Varela Does the Federal Arbitration Agreement foreclose a state-law interpretation of an arbitration agreement that would authorize class arbitration based solely on general language commonly used in arbitration agreements? Apr 30, 2018 Oct 29, 2018
Lorenzo v. Securities and Exchange Commission Can a false statement that is not "made" by a person under the definition set forth in Janus Capital Group, Inc. v. First Derivative Traders nevertheless be the basis of a fraudulent-scheme claim under Securities Exchange Act? Jun 18, 2018
Madison v. Alabama Does the Eighth Amendment prohibit a state from executing an inmate whose mental disability renders him unable to remember the crime for which he is to be executed or understand the circumstances of his scheduled execution? Feb 26, 2018 Oct 2, 2018
Merck Sharp & Dohme Corp. v. Albrecht Is a state-law failure-to-warn claim preempted when the Food and Drug Administration rejects the drug manufacturer’s proposal to warn about the risk after being provided with the relevant scientific data, or does such a case need to go to a jury for conjecture as to why the FDA rejected the proposed warning? Jun 28, 2018
Mount Lemmon Fire District v. Guido Under the ADEA, does the same twenty-employee minimum that applies to private employers also applies to political subdivisions of a state, or does it apply to all state political subdivisions of any size? Feb 26, 2018 Oct 1, 2018
New Prime Inc. v. Oliveira (1) Does a court or an arbitrator need to determine the applicability of Section 1 of the Federal Arbitration Act? (2) Does that provision, which applies only to "contracts of employment," include independent contractor agreements? Feb 26, 2018 Oct 3, 2018
Nielsen v. Preap Does a noncitizen released from criminal custody become exempt from mandatory detention if, after the noncitizen is released from criminal custody, the Department of Homeland Security does not take the noncitizen into immigration custody immediately? Mar 19, 2018 Oct 10, 2018
Nieves v. Bartlett Does probable cause defeat a First Amendment retaliatory-arrest claim? Jun 28, 2018
Nutraceutical Corp. v. Lambert Did the U.S. Court of Appeals for the 9th Circuit err when it ruled that equitable exceptions apply to mandatory claim-processing rules? Jun 25, 2018
Obduskey v. McCarthy & Holthus LLP Does the Fair Debt Collection Practices Act apply to non-judicial foreclosure proceedings? Jun 28, 2018
Republic of Sudan v. Harrison Did the U.S. Court of Appeals for the 2nd Circuit err by holding that plaintiffs suing a foreign state under the Foreign Sovereign Immunities Act may serve the foreign state by mail addressed and dispatched to the head of the foreign state's ministry of foreign affairs "via" or in "care of" the foreign state's diplomatic mission in the United States, despite U.S. obligations under the Vienna Convention on Diplomatic Relations to preserve mission inviolability? Jun 25, 2018 Nov 7, 2018
Rimini Street Inc. v. Oracle USA Inc. Is the Copyright Act’s award of "full costs" to a prevailing party in a copyright infringement claim limited to taxable costs defined by the Fee Act of 1853? Sept 27, 2018
Royal v. Murphy Do the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an "Indian reservation" today? May 21, 2018
Stokeling v. United States Is a state robbery offense that includes "as an element" the common law requirement of overcoming "victim resistance" categorically a "violent felony" under the Armed Career Criminal Act when that offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance. Apr 2, 2018 Oct 9, 2018
Sturgeon v. Frost Does the Alaska National Interest Lands Conservation Act prohibit the National Park Service from exercising regulatory control over State, Native Corporation, and private land physically located within the boundaries of the National Park System in Alaska? Jun 18, 2018 Nov 5, 2018
Tennessee Wine & Spirits Retailers Ass'n v. Byrd Does the 21st Amendment empower states, consistent with the dormant commerce clause, to regulate liquor sales by granting retail or wholesale licenses only to individuals or entitles that have resided in-state for a specified time? Sept 27, 2018
Thacker v. Tennessee Valley Authority Are governmental "sue-and-be-sued" entities subject to the discretionary-function exception to a statutory waiver of sovereign immunity, or the test for immunity set forth in Federal Housing Authority v. Burr, 309 U.S. 242 (1940)? Sept 27, 2018
Timbs v. Indiana Is the Eighth Amendment’s excessive fines clause incorporated against the states under the Fourteenth Amendment? Jun 18, 2018
United States v. Stitt Are residential burglary under Arkansas law and aggravated burglary under Tennessee law the same as or narrower than "general burglary" such that convictions for those crimes can serve as predicate crimes for the purpose of the enhanced sentencing? Apr 23, 2018 Oct 9, 2018
Virginia Uranium, Inc. v. Warren Does the federal Atomic Energy Act preempt a Virginia ban on non-federal uranium mining? May 21, 2018 Nov 5, 2018
Washington State Department of Licensing v. Couger Den, Inc. Does the Yakama Treaty of 1855 create a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways? Jun 25, 2018 Oct 30, 2018
Weyerhaeuser Company v. United States Fish and Wildlife Service (1) Does the Endangered Species Act prohibit designation of privately owned land as unoccupied critical habitat that is neither habitat nor essential to species conservation? (2) Is an agency determination not to exclude an area from critical habitat due to the economic impact of designation subject to judicial review? Jan 22, 2018 Oct 1, 2018

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