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The U.S. health care reform law is certainly the marquee case to land on the U.S. Supreme Court's docket, but there are cases on the justices' plates following the Thanksgiving break that could shape major industries and effect how privacy violations by the government can be redressed.
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Here is a preview of the cases flying under the radar that the Supreme Court will hear beginning next week:
Credit Suisse Securities v. Simmonds
Argument: Nov. 29
With this case, the Supreme Court will decide if there is a strict, two-year statute of limitation on filing inside trading claims or if the deadline gets pushed back until certain trades get reported to the U.S. Securities and Exchange Commission.
This case involve short-swing trading, which are transactions that company insiders are required to disclose and disgorge any profit.
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Should the court rule in favor of a group of underwriters of a companies' initial public offerings, "would likely lead to the dismissal of more" claims seeking to force company insiders to give profits from short-swing trading back to the company, Steven Kaufhold wrote in SCOTUSblog.
FAA v. Cooper
Argument: Nov. 30
Stanmore Cawthon Cooper was a pilot who sued the Federal Aviation Administration for mental and emotion distress when he was fired and prosecuted for lying about his HIV status. That fact was discovered in 2005 during a criminal investigation in which the Social Security Administration handed over his health benefits records to the FAA.
A privacy violation that led to a revelation of a person's medical history can certainly cause humiliation, embarrassment and mental distress, but are those actual damages akin to losing money or being too injured to make a living?
The Ninth Circuit Court of Appeals, based in San Francisco, said Cooper's mental distress claims can cause actual damage under the Privacy Act, a law that prohibits agencies from disclosing records to one another without receiving the subject's approval.
The FAA, however, says that this is a suit against the federal government, meaning that the scope of the Privacy Act should be narrowly viewed to cover damages that only result in actual money being lost.
Mayo Collaborative Services v. Prometheus Laboratories
Argument: Dec. 7
