Court : US Supreme Court
Decided on : Apr-18-1989
..... not be entitled to avail himself of the provisions of this convention which exclude or limit his liability." articles 3(2), 4(4), and 9. but, unlike section i, sections ii and iii also specifically impose the latter sanction for failure to include in the documents certain particulars, including (though not limited to) the notice of liability limitation. ..... read an "adequate notice" requirement into the warsaw convention. thus, notice has been held to be inadequate when it was provided under conditions that did not permit the passenger to act on it (by, for example, purchasing additional insurance). mertens v. flying tiger line, inc., 341 f.2d 851, 856-858 (ca2) (ticket delivered after passenger boarded ..... in any event. cf. c. mccormick, law of damages 104 (1935) ("in about one-third of the states, a fixed limit upon the recovery under the death act is imposed in the statute. the usual limit is $10,000, but in some instances the maximum is $7,500 or $5,000"). quite obviously, however, the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-22-1989
..... his stock in the acquired corporation for less than a 1% interest in the acquiring corporation and a substantial cash boot. section 356(a)(2) finds its genesis in 203(d)(2) of the revenue act of 1924. see 43 stat. 257. although modified slightly over the years, the provisions are, in relevant substance, ..... as though the relevant distribution involved a single corporation's (nl's) stock redemption, which dividend equivalency is determined according to 302 of the code. section 302 shields distributions from dividend taxation if the cash redemption is accompanied by sufficient loss of a shareholder's percentage interest in the corporation. the court of ..... payments. any significant cash payment in a stock-for-stock exchange distributed to a sole shareholder of an acquired corporation will automatically receive capital gains treatment. section 356(a)(2)'s exception for such payments that have attributes of a dividend disappears. congress did not intend to handicap the commissioner and courts with .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-22-1989
..... no significant reason why congress would have intended, or any policy reason would compel, that consensual and nonconsensual liens be treated differently in allowing post-petition interest. section 506(b)'s language clearly directs that post-petition interest be paid on all oversecured claims. midlantic national bank v. new jersey dept. of environmental protection, 474 ..... unit, and is not compensation for actual pecuniary loss. . . ." [ footnote 8 ] the rule preventing discharge of criminal fines was articulated promptly after the bankruptcy act of 1898 was passed, see in re moore, 111 f. 145, 148-149 (wd ky.1901), and was uniformly accepted at the time congress was considering the ..... grant that protection." report at 4-5 (emphasis added). whether or page 489 u. s. 249 not congress took notice of the pre-code standard, it acted with sufficient clarity in enacting the statute. the judgment of the court of appeals is reversed. it is so ordered. [ footnote 1 ] most bankruptcy courts .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1989
..... . 491 u. s. 770 . stevens, j., took no part in the consideration or decision of the case. justice scalia delivered the opinion of the court. section 706(k) of the civil rights act of 1964, 42 u.s.c. 2000e-5(k), provides in relevant part that a "court, in its discretion, may allow the prevailing party, other than ..... from iffa. because this result ignores both the language of 706(k) and the objectives of title vii of the act, i dissent. the majority begins its opinion by quoting 706(k), but then proceeds to ignore its express language. section 706(k) states that a "court, in its discretion, may allow the prevailing party, other than the commission ..... courts, and instead establishes an absolute rule that, in all circumstances, a court must treat an intervenor like a plaintiff for fee liability purposes. [ footnote 2/1 ] section 706(k), of course, does not invest district courts with unfettered discretion to award attorney's fees to prevailing parties. but this does not mean that this court has a .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-15-1989
..... . it handed down its decision in smith v. robinson, 468 u.s. 992 (1984)," where the court held that " 'the eha repealed the availability of sections 504 [of the rehabilitation act of 1973] and 1983 [of title 42] to individuals seeking a free appropriate public education,' " so that such litigants could no longer obtain attorney's fees. h ..... apply "if the court finds that the state or local educational agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of this section." 20 u.s.c. 1415(e)(4)(g) (1982 ed., supp. v ). in the view of the court of appeals, this amendment represented an express ..... senate conference report tells us, because "[t]he supreme court's decision [in atascadero] misinterpreted congressional intent. such a gap in section 504 coverage was never intended. it would be inequitable for section 504 to mandate state compliance with its provisions and yet deny litigants the right to enforce their rights in federal courts when state .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-15-1989
..... . it handed down its decision in smith v. robinson, " 468 u. s. 992 (1984), where the court held that "'the eha repealed the availability of sections 504 [of the rehabilitation act of 1973] and 1983 [of title 42] to individuals seeking a free appropriate public education,'" so that such litigants could no longer obtain attorney's fees. h.r ..... apply "if the court finds that the state or local educational agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of this section." 20 u.s.c. 1415(e)(4)(g) (1982 ed., supp. v). in the view of the court of appeals, this amendment represented an express ..... conference report tells us, because "[t]he supreme court's decision [in atascadero ] misinterpreted congressional intent. such a gap in section 504 coverage was never intended. it would be inequitable for section 504 to mandate state compliance with its provisions and yet deny litigants the right to enforce their rights in federal courts when state or .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-30-1989
..... u. s. 102 , 447 u. s. 108 (1980). mrs. mansell's argument faces a formidable obstacle in the language of the former spouses' protection act. section 1408(c)(1) of the act affirmatively grants state courts the power to divide military retirement pay, yet its language is both precise and limited. it provides that "a court may treat disposable ..... as property of the member and his spouse in accordance with the law of the jurisdiction of page 490 u. s. 589 such court." 1408(c)(1). the act's definitional section specifically defines the term "disposable retired or retainer pay" to exclude, inter alia, military retirement pay waived in order to receive veterans' disability payments. 1408(a)(4 ..... its own must fail. [ footnote 13 ] significantly, congress placed page 490 u. s. 592 each of these substantive restrictions on state courts in the same section of the act as 1408(c)(1). we think it unlikely that every subsection of 1408(c), except 1408(c)(1), was intended to preempt state law. in the face .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-22-1989
..... could reasonably be expected to" constitute such an invasion. [ footnote 10 ] "the duty to compile such records is set forth in 28 u.s.c. 534. that section provides that the attorney general is to 'acquire, collect, classify, and preserve identification, criminal identification, crime and other records,' and that he is to 'exchange these records ..... personal privacy" (emphasis added), we do not think that the exemption's use of the singular mandates ad hoc balancing. the exemption in full provides: "this section does not apply to matters that are -- records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement ..... out-of-state arrests or convictions. [ footnote 2 ] ii the statute known as the foia is actually a part of the administrative procedure act (apa). section 3 of the apa, as enacted in 1946, gave agencies broad discretion concerning the publication of governmental records. [ footnote 3 ] in 1966, congress amended that .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-28-1989
..... needs of passengers and shippers. . . . moreover, other railroads may be tempted to follow the example of this carrier, thus provoking bitter and disruptive disputes in other sections of the country." florida east coast r. co. , 41 lab.arb. at 1006-1007. this risk should be taken only if absolutely necessary to the carrier's ..... justice o'connor delivered the opinion of the court. we decide today whether, at the end of a strike, an employer is required by the railway labor act (rla or act), 44 stat. 577, as amended, 45 u.s.c. 151 et seq., to displace employees who worked during the strike in order to reinstate striking ..... for the eighth circuit syllabus although petitioner airline (twa) and respondent flight attendants' union (iffa) pursued all the required dispute resolution mechanisms of the railway labor act (rla), their negotiations over a new collective bargaining agreement were unsuccessful. the parties bargained over wages and working conditions, but not over the existing agreement's .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-22-1989
..... u.s. at 401 u. s. 692 (opinion concurring in judgments in part and dissenting in part) -- is not relevant here. application of the fair cross-section requirement to the petit jury would not accord constitutional protection to any primary activity whatsoever. the second exception suggested by justice harlan -- that a new rule should be ..... this statute and its forbears to authorize federal courts to grant writs of habeas corpus whenever a person's liberty is unconstitutionally restrained. shortly after the habeas corpus act of 1867, ch. 27, 14 stat. 385, empowered federal courts to issue writs of habeas corpus to state authorities, we noted: "this legislation is of ..... to reconsider the wisdom of prior decisions in every case they confront, and because it fosters predictability in the law, permitting litigants and potential litigants to act in the knowledge that precedent will not be overturned lightly and ensuring that they will not be treated unfairly as a result of frequent or unanticipated .....
Tag this Judgment!