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 Insider's
Guide to the U. S. Supreme Court/
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The U.S. Supreme Court: An
Insider's Guide
LawPedia® has added this new section to its United States
Supreme Court news reports for an insider's look into current
cases, law, topics, and issues that are being presented to the
Court. The new section, U.S.
Supreme Court: Insider's Guide
will include current profiles on the people, justices, judges
and lawyers making the news. 
Special
Weekend Barrister At Court Edition.
PART
TWO |
PART
TWO:
ON PETITION FOR WRIT OF CERTIORARI
The
United States Supreme Court
uses certiorari
as a process for the selection of cases to consider.
Since the Judiciary
Act of 1925 ("The Certiorari Act" in some texts), the
majority of the Supreme Court's cases selected for hearing have
been discretionary. Original jurisdiction
cases of the highest Court will be covered in future parts of
this Guide. Each year, the court receives approximately
7500 petitions for certiorari, of which only approximately 150
are granted. In theory, each Justice's clerks write a brief for
the Justice outlining the questions presented, and offering a
recommendation as to whether certiorari should be granted; in
practice, most Justices (all of the current court, excepting Justice
Stevens) have their clerks participate in the cert pool. During
the Justices' regular conference, the Justices discuss the petititions,
and grant certiorari in a very limited number of cases each year.
The request of any one Justice will suffice to raise a petition
at conference (a petition not discussed at conference by term's
end lapses), and votes of four Justices at Conference (see Rule
of four) will suffice to grant certiorari and place the case on
the court's calendar. If the Supreme Court grants certiorari (or
the certified question or other extraordinary writ), then a briefing
schedule is arranged for the parties to submit their briefs in
favor of or against a particular form of relief. During this time,
an individual or group having an interest in a case but is not
a party to the case may submit a motion to appear before the court
as amicus curiae ("friend of the court"). Except for
certain specific categories (such as lawyers for state and local
governments) or where all parties to the case consent, it is in
the Court's discretion whether such motions are granted. The grant
or denial of certiorari petitions by the Court are usually issued
as one-sentence orders without explanation.
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In our case example, MILES
J. ZAREMSKI, Counsel of Record, of Kamensky Rubinstein
Hochman and Delott, LLP, lawfirm in Chicago, filed his PETITION
FOR WRIT OF CERTIORARI with the United States Supreme Court
on behalf of his client, Carolyn G. Kochert. A copy of that Petition
can be downloaded at Part One of this Article. Respondents Anesthesiologists
Associates P.C. and Greater Lafayette Health Services, Inc. opposed
Kochert’s Petition. Attorney Zaremski then was able to file
a REPLY IN SUPPORT OF PETITION FOR WRIT
OF CERTIORARI. A Reply may be the last opportunity for
appellate counsel to present a compelling argument for his or
her client. In our case example, Mr. Zaremski carefully argues
his client's best legal contentions, with the hope that his client
may be one of only approximately 150 cases out of 7500 selected
by the Court for certiorari each year. Here, Zaremski emphasizes
that the instant case provides the Supreme Court with the opportunity
to clarify the standards of admissibility under Federal Rules
of Evidence 702 and the standards for summary judgment under Federal
Rules Civil Procedure 56(c), which will affect not only his particular
client, but perhaps hundreds or thousands of other litigants across
the federal courts. This is a compelling argument because now
the Suprme Court is asked to consider justice as a policy throughout
the entire judicial system.
Read or download a copy of the Reply
In Support of Petition
for Certiorari [PDF]
as filed with the U.S. Supreme Court. BACK
TO PART ONE. |
LAWPEDIA®
UPDATE: Mr. Zaremski and
his client learned on February 20, 2007, that the
U.S. Supreme Court will not grant certiorari in this case. Lower
Court Decision: KOCHERT vs. GREATER LAFAYETTE
HEALTH SERVICES, INC., 463
F.3d 710 (7th Cir. 2006) |
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LAWYER PROFILE: MILES
J. ZAREMSKI - Miles has over three
decades of experience as a litigator and lead trial counsel, having
served health care providers and institutional clients coast to
coast. He has represented those in the practice of medicine and
health care in multimillion dollar professional liability exposures,
medical staff/hospital disputes, restrictive covenant issues,
antitrust violations affecting medical practitioners, administrative
and regulatory concerns, such as peer review, and medical products/devices
and insurance coverage disputes. Mr. Zaremski has been before
the U.S. Supreme Court nine times, and various state supreme and
federal courts, representing amici in a variety of issues from
medical ethics issues to allowing expert testimony into evidence.
One of his cases is also already among seminal ones nationwide
addressing discoverability of medical documents under state peer
review statutes. His writings have been cited by state supreme
courts as well. He has also authored articles and chapters within
medical-legal literature, including two books in the field.
Mr. Zaremski can be reached at:
mzaremski@gmail.com
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