| 25-1028 |
Porter Smith v. Michigan Department of Corrections, et al. |
Sixth Circuit |
2026-02-27 |
Pending |
|
americans-with-disabilities-act anti-discrimination circuit-split private-right-of-action rehabilitation-act retaliation-claims |
Whether Section 504 of the Rehabilitation Act, 29 U.S.C. 794, authorizes a private right of action for retaliation. |
| 25-1024 |
Frank Faillace v. Zoe Hollis |
Ninth Circuit |
2026-02-25 |
Pending |
|
employee-status fair-labor-standards-act misclassification private-right-of-action retaliation statutory-interpretation |
The Fair Labor Standards Act ("FLSA") prohibits retaliation by an employer or "any person acting directly or indirectly in the interest of an employer… |
| 25-917 |
Aaron Abadi v. Anthony Stephen Fauci, et al. |
Second Circuit |
2026-02-04 |
Pending |
Response Waived |
air-carrier-access-act alexander-v-sandoval canon-v-university-of-chicago disability-discrimination private-right-of-action statutory-interpretation |
1) Whether the Air Carrier Access Act, 49 U.S.C. § 41705 — which provides that "an air carrier may not discriminate " against qualified individuals wi… |
| 25-812 |
James Greiner v. Tesla, Inc. |
Ninth Circuit |
2026-01-09 |
Denied |
Response Waived |
arbitration-clause breach-of-contract consideration due-process prenuptial-agreement private-right-of-action |
1) When a woman signs a Prenuptial Agreement
for a set amount, she cannot argue in divorce court
that the Law says "she has the right" to half.
Theref… |
| 25-794 |
Jordan Spatz v. Regents of the University of California |
Ninth Circuit |
2026-01-07 |
Denied |
Response Waived |
administrative-law age-discrimination civil-rights intentional-discrimination medical-residency private-right-of-action |
1. Does the 1975 Age Discrimination Act apply to applications for matriculation in the medical residency match process, to prohibit discrimination bas… |
| 25-531 |
Xeriant, Inc. v. Auctus Fund, LLC |
Second Circuit |
2025-10-31 |
Dismissed |
|
contract-rescission exempt-transaction private-right-of-action securities-exchange-act securities-law unregistered-dealer |
(a) Where a party has attained "unregistered dealer" status at the time of the contract, may that party enter a contract effecting the purchase of a c… |
| 25A62 |
Turtle Mountain Band of Chippewa Indians, et al. v. Michael Howe, Secretary of State of North Dakota |
Eighth Circuit |
2025-07-15 |
Granted |
Amici (2) |
private-right-of-action redistricting section-1983 section-2 voting-dilution voting-rights-act |
Question not identified. |
| 25-9 |
Keith M. Wilkins v. Steve Herron, et al. |
Ninth Circuit |
2025-07-02 |
Denied |
Amici (2)Response Waived |
emergency-use-authorization experimental-drugs food-drug-cosmetic-act informed-consent private-right-of-action section-1983 |
May an individual bring a lawsuit via 42 U.S.C. § 1983 for violation of his right to informed consent to the administration of an EUA experimental dru… |
| 24-983 |
Havana Docks Corporation v. Royal Caribbean Cruises, Ltd., et al. |
Eleventh Circuit |
2025-03-13 |
Granted |
CVSGAmici (7)Response RequestedResponse WaivedRelisted (3) |
cuban-regime foreign-policy libertad-act private-right-of-action property-confiscation trafficking |
The LIBERTAD Act is an essential pillar of United States foreign policy toward Cuba's hostile and anti-American regime. Title III of that Act creates … |
| 24-856 |
Cisco Systems, Inc., et al. v. Doe I, et al. |
Ninth Circuit |
2025-02-11 |
Granted |
CVSGAmici (11)Response RequestedResponse WaivedRelisted (3) |
aiding-and-abetting alien-tort-statute mens-rea private-right-of-action statutory-interpretation torture-victim-protection-act |
1. Whether the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350, allows a judicially-implied private right of action for aiding and abetting.
2. Whether,… |
| 24-725 |
Hytera Communications Corporation Ltd. v. Motorola Solutions, Inc., et al. |
Seventh Circuit |
2025-01-10 |
Denied |
Amici (1)Response Waived |
defend-trade-secrets-act economic-espionage-act extraterritorial-application presumption-against-extraterritoriality private-right-of-action trade-secret-misappropriation |
Does the private right of action for trade secret misappropriation created by the Defend Trade Secrets Act of 2016 rebut the presumption against extra… |
| 24-194 |
Bahig Saliba v. American Airlines, Inc., et al. |
Ninth Circuit |
2024-08-21 |
Denied |
Response Waived |
aviation-law employment-contract federal-aviation-act medical-certification pilot-standards private-right-of-action |
Whether the Respondent's demands for a medical treatment(s) or procedure(s) that are not required, authorized, or regulated by the Federal Aviation Ad… |
| 24-191 |
Bahig Saliba v. Allied Pilots Association |
Ninth Circuit |
2024-08-21 |
Denied |
Response Waived |
aviation-law collective-bargaining federal-aviation-act labor-representation medical-certification private-right-of-action |
Whether a collective bargaining agent has authority to negotiate terms and conditions that impact the Federal Aviation Administration (FAA) pilot medi… |
| 23-1294 |
Debra A. Charles v. Anna-Jonesboro National Bank, et al. |
Seventh Circuit |
2024-06-12 |
Denied |
Response Waived |
civil-procedure-12b6 civil-rights due-process private-right-of-action rooker-feldman-doctrine standing statute-of-limitations subject-matter-jurisdiction |
The questions are presented in the order stated in the Federal Seventh Circuit Appeals Court Order affirming the Federal District Court for the Southe… |
| 23-1200 |
Gregory Garmong v. Tahoe Regional Planning Agency, et al. |
Ninth Circuit |
2024-05-08 |
Denied |
Response Waived |
14th-amendment 5th-amendment constitutional-claims due-process federal-law fifth-amendment ninth-circuit private-right-of-action property-interest |
Did the Ninth Circuit err in affirming dismissal of, and declaring frivolous, constitutional due process claims pursuant to an express private right o… |
| 22-1165 |
Macquarie Infrastructure Corporation, et al. v. Moab Partners, L.P., et al. |
Second Circuit |
2023-06-01 |
Judgment Issued |
Amici (11)Response Waived |
circuit-split item-303 item-303-disclosure material-fact private-right-of-action sec-regulation-s-k sec-rule-10b-5 section-10b securities-exchange-act securities-exchange-act-1934 |
Whether the Second Circuit erred in holding —in conflict with the Third, Ninth, and Eleventh Circuits—that a failure to make a disclosure required und… |
| 22-896 |
The Ohio State University v. Steve Snyder-Hill, et al. |
Sixth Circuit |
2023-03-16 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
civil-rights discovery-rule educational-programs federal-financial-assistance private-right-of-action sex-discrimination standing statute-of-limitations title-ix |
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688, prohibits discrimination on the basis of sex in educational programs or activiti… |
| 22-572 |
Robert M. Glen v. Trip Advisor LLC, et al. |
Third Circuit |
2022-12-21 |
Denied |
Response Waived |
civil-procedure civil-rights confiscated-property cuban-property helms-burton-act inheritance-rights private-right-of-action property-confiscation standing statutory-interpretation trafficking trafficking-claims |
Title III of the Helms-Burton Act, 22 U.S.C. § 6081 et seq., is a broad remedial statute that authorizes U.S. nationals whose property was confiscated… |
| 22-319 |
Saloojas, Inc. v. Aetna Health of California, Inc. |
Ninth Circuit |
2022-10-05 |
Denied |
Response Waived |
cares-act congressional-intent diagnostic-testing healthcare-reimbursement private-remedy private-right-of-action reimbursement statutory-interpretation |
Did Congress have an implicit intent to create a private remedy in favor of diagnostic testing providers for full reimbursement under the CARES Act? |
| 22-91 |
Stephanie Logsdon Smith, et al. v. Kentucky |
Sixth Circuit |
2022-07-29 |
Denied |
Response Waived |
13th-amendment civil-rights constitutional-violation involuntary-servitude private-right-of-action probation-officer sexual-slavery slavery sovereign-immunity state-action thirteenth-amendment |
Borrowing the form of Justice Alito's framing of the question presented in Dobbs v. Jackson Women's Health Organization, No. 19-1392 (June 24, 2022), … |
| 22-5026 |
Aaron Abadi v. Department of Transportation |
District of Columbia |
2022-07-05 |
Denied |
Response WaivedIFP |
administrative-law agency-enforcement air-carrier-access-act circuit-courts civil-rights judicial-review private-action private-right-of-action standing statutory-interpretation |
1) Is there a right to a private action on violations of the Air Carrier Access Act, considering that the Department of Transportation refuses to enfo… |
| 21-1431 |
Robert M. Kerr, Director, South Carolina Department of Health and Human Services v. Planned Parenthood South Atlantic, et al. |
Fourth Circuit |
2022-05-11 |
GVR |
Amici (6)Relisted (3) |
circuit-split civil-rights due-process medicaid medicaid-act private-right-of-action privately-enforceable-rights section-1983 spending-clause standing statutory-interpretation |
1. Whether Spending Clause statutes ever give rise to privately enforceable rights under § 1983, and if so, what is the proper framework for deciding … |
| 21-1289 |
Foster Taft v. Ventura County Medical Center, et al. |
Ninth Circuit |
2022-03-24 |
Denied |
Response Waived |
42-usc-1983 civil-rights due-process federal-regulation hipaa hipaa-privacy privacy privacy-act private-cause-of-action private-right-of-action state-actor |
1. Does 42 U.S.C. §1983 confer a private cause of action for privacy violations of HIPAA, in particular 164.502(a)?
Within this issue, the court woul… |
| 21-903 |
Robert M. Glen v. American Airlines, Inc. |
Fifth Circuit |
2021-12-20 |
Denied |
Amici (1)Response Waived |
civil-procedure confiscated-property cuban-property helms-burton-act inheritance-rights private-right-of-action property-confiscation standing statutory-interpretation trafficking trafficking-claims |
Title III of the Helms-Burton Act, 22 U.S.C. § 6081 et seq., is a broad remedial statute that authorizes U.S. nationals whose property was confiscated… |
| 21-124 |
Emmanuel Torres v. Bay Area Credit Services, et al. |
Second Circuit |
2021-07-29 |
Denied |
|
civil-rights consumer-protection debt-collection due-process fair-debt-collection federal-jurisdiction federal-statute new-york-business-law private-right-of-action statutory-interpretation |
Does a consumer have a private right of action under New York General Business Law Section 349 for a Fair Debt Collection Practices Act Violation. |
| 20-1303 |
Anthony Pappas v. Joseph Lorintz, et al. |
Second Circuit |
2021-03-19 |
Denied |
Response Waived |
campaign-funds civil-procedure civil-rights due-process federal-election judicial-review private-right-of-action standing state-actor third-party-interference |
1) Did the Second Circuit Court of Appeals commit serious error when it affirmed dismissal of a civil rights action challenging state actor interferen… |
| 20-1217 |
Daniel Kristof Lak v. California, et al. |
Ninth Circuit |
2021-03-03 |
Denied |
Response Waived |
11th-amendment 14th-Amendment civil-procedure civil-rights consent-to-suit federal-jurisdiction private-right-of-action social-security-act state-immunity title-iv-d |
1. Whether a state can be shielded from suit in federal court via 11th Amendment immunity in actions brought pursuant to Title IV-D of the Social Secu… |
| 20-5876 |
In Re Paula Idele Keller |
|
2020-10-01 |
Denied |
Response WaivedRelisted (2)IFP |
9th-circuit-appeal civil-procedure fair-housing-act loan-modification mortgage mortgage-modification private-right-of-action real-estate real-estate-transaction standing statutory-interpretation |
1. Whether a Mortgage Loan Modification from a plaintiffs loan servicer is sufficiently related to the meaning of "real estate-related transaction " u… |
| 20-118 |
Gregory Greer v. General Dynamics Information Technology, Inc. |
Fourth Circuit |
2020-08-04 |
Denied |
Response Waived |
contractor-employee-supervision executive-order-12829 federal-acquisition-regulation federal-acquisition-regulations inherently-governmental-function national-industrial-security-program private-right-of-action security-clearance |
I. Is the language of 48 CFR 7.503(d)(13), which is inconsistent with relevant Defense Federal Acquisition Regulations Supplement provisions (DFARS) c… |
| 19-1410 |
Rosetta Bulluck v. Newtek Small Business Finance, Inc., dba Newtek Business Services, Inc., et al. |
Eleventh Circuit |
2020-06-24 |
Denied |
Response Waived |
civil-procedure civil-rights common-law-doctrine contract-formation contract-implementation deference-to-district-court due-process foreclosure-sale private-right-of-action standing summary-judgment |
Whether granting summary judgment in favor of
Respondents and dismissing Petitioner's case was
improper when the District Court deemed that, among
oth… |
| 19-1296 |
Helix TCS, Inc. v. Robert Kenney |
Tenth Circuit |
2020-05-15 |
Denied |
|
controlled-substances controlled-substances-act fair-labor-standards-act federal-drug-crime federal-drug-crimes marijuana-trafficking minimum-wages private-right-of-action tenth-circuit-ruling uniform-application-of-federal-law |
Whether the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., confers a private right of action to recover minimum wages for conduct that violates t… |
| 19-1210 |
Harry's Nurses Registry, et al. v. Claudia Gayle, et al. |
Second Circuit |
2020-04-13 |
Denied |
Response Waived |
administrative-enforcement condition-precedent employment-law fair-labor-standards-act private-right-of-action section-206 section-207 section-216(b) statutory-interpretation wage-and-hour |
Is the finding that the employer has violated
Section 206 or Section 207 of the Fair Labor Standards
Act, 29 U.S.C. § 201 et. seq , a condition preced… |
| 19-1186 |
Joshua Baker, Director, South Carolina Department of Health and Human Services v. Planned Parenthood South Atlantic, et al. |
Fourth Circuit |
2020-03-30 |
Denied |
Amici (6) |
42-usc-1396a(a)(23) 42-usc-1983 circuit-split federal-enforcement medicaid-recipients medicaid-rights private-right-of-action provider-qualification spending-clause state-determination statutory-interpretation |
1. Whether Medicaid recipients have a private right of action under 42 U.S.C. 1983 and 42 U.S.C. 1396a(a)(23) to challenge a state's determination tha… |
| 19-574 |
Sheila J. Poole, Commissioner, New York State Office of Children and Family Services v. New York State Citizens' Coalition for Children |
Second Circuit |
2019-11-01 |
Denied |
Amici (1) |
adoption-assistance-act adoption-assistance-and-child-welfare-act child-welfare federal-department-of-health-and-human-services federal-reimbursement foster-care foster-care-maintenance-payments private-right-of-action spending-mandate state-administration state-funding |
Whether the CWA's criteria for partial federal reimbursement unambiguously confer on foster parents a private right of action to compel States to cove… |
| 18-1012 |
Patrick Lafferty, et ux. v. Wells Fargo Bank, N.A. |
California |
2019-02-04 |
Denied |
|
attorney-fees california-consumers-legal-remedies-act consumer-legal-remedies-act consumer-protection consumer-protection-act federal-trade-commission holder-rule implied-cause-of-action preemption private-cause-of-action private-right-of-action unfair-or-deceptive-acts |
1. Whether the "Holder Rule" as discerned by the California Third District Court of Appeal implies a new private cause of action?
2. Whether the "Hol… |
| 18-686 |
Lazina King, et al. v. Caliber Home Loans, Inc. |
Fourth Circuit |
2018-11-26 |
Denied |
Relisted (2) |
dodd-frank-act dual-tracking foreclosure-law jury-trial private-right-of-action real-estate-settlement-procedures-act regulation-x respa-regulation seventh-amendment statutory-damages |
Is the RE SPA Regulation X Section 6(1) which was promulgated by Dodd-Frank Act remedial in nature which provides a private right of action to an inju… |
| 18-459 |
Emulex Corporation, et al. v. Gary Varjabedian, et al. |
Ninth Circuit |
2018-10-11 |
Judgment Issued |
Amici (11) |
circuit-split misstatement-omission negligent-misstatement ninth-circuit private-right-of-action section-14(e) securities-exchange-act securities-exchange-act-1934 securities-law tender-offer |
Whether the Ninth Circuit correctly held, in express disagreement with five other courts of appeals, that Section 14(e) of the Securities Exchange Act… |
| 18-3 |
Robbie Ohlendorf, et al. v. Local 876, United Food & Commercial Workers International Union |
Sixth Circuit |
2018-06-28 |
Denied |
|
alexander-v-sandoval check-off-authorization duty-of-fair-representation federal-jurisdiction first-amendment labor-management-relations labor-management-relations-act private-right-of-action revocation statutory-interpretation |
1) Labor Management Relations Act Section 302(e)
grants federal courts jurisdiction to restrain violations of the statute. 29 U.S.C. § 186(e). The Cou… |