Court : US Supreme Court
Decided on : Jan-14-1992
County of Yakima v. Confederated Tribes and Bands of Yakima Nation - 502 U.S. 251 (1992) OCTOBER TERM, 1991 Syllabus COUNTY OF YAKIMA ET AL. v. CONFEDERATED TRIBES AND BANDS OF THE YAKIMA INDIAN NATION CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 90-408. Argued November 5, 1991-Decided January 14, 1992* Yakima County, Washington, imposes an ad valorem levy on taxable real property within its jurisdiction and an excise tax on sales of such land. The county proceeded to foreclose on various properties for which these taxes were past due, including certain fee-patented lands held by the Yakima Indian Nation or its members on the Tribe's reservation within the county. Contending that federal law prohibited the imposition or collection of the taxes on such lands, the Tribe filed suit for declaratory and injunctive relief and was awarded summary judgment by the District Court. The Court of Appeals agreed that the excise tax was impermissible, but held t...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1992
Planned Parenthood of Southeastern Pa. v. Casey - 505 U.S. 833 (1992) OCTOBER TERM, 1991 Syllabus PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA ET AL. v. CASEY, GOVERNOR OF PENNSYLVANIA, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 91-744. Argued April 22, 1992-Decided June 29, 1992* At issue are five provisions of the Pennsylvania Abortion Control Act of 1982: 3205, which requires that a woman seeking an abortion give her informed consent prior to the procedure, and specifies that she be provided with certain information at least 24 hours before the abortion is performed; 3206, which mandates the informed consent of one parent for a minor to obtain an abortion, but provides a judicial bypass procedure; 3209, which commands that, unless certain exceptions apply, a married woman seeking an abortion must sign a statement indicating that she has notified her husband; 3203, which defines a "medical emergency" that will excuse compliance w...
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-10-1992
Spectrum Sports, Inc. v. McQuillan - 506 U.S. 447 (1992) OCTOBER TERM, 1992 Syllabus SPECTRUM SPORTS, INC., ET AL. v. McQUILLAN ET VIR, DBA SORBOTURF ENTERPRISES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 91-10. Argued November 10, 1992-Decided January 25,1993 Shortly after the manufacturer of sorbothane-a patented elastic polymer with shock-absorbing characteristics-informed respondents, distributors of medical, athletic, and equestrian products made with sorbothane, that it would no longer sell them the polymer, petitioner Spectrum Sports, Inc., became the national distributor of sorbothane athletic products. Respondents' business failed, and they filed suit in the District Court against petitioners and others, seeking damages for alleged violations of, inter alia, 2 of the Sherman Act, which makes it an offense for any person to "monopolize, or attempt to monopolize, or combine or conspire ... to monopolize any part of the trade or commerce...
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-30-1992
Saudi Arabia v. Nelson - 507 U.S. 349 (1992) OCTOBER TERM, 1992 Syllabus SAUDI ARABIA ET AL. v. NELSON ET ux. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 91-522. Argued November 30, 1992-Decided March 23,1993 The respondents Nelson, a married couple, filed this action for damages against petitioners, the Kingdom of Saudi Arabia, a Saudi hospital, and the hospital's purchasing agent in the United States. They alleged, among other things, that respondent husband suffered personal injuries as a result of the Saudi Government's unlawful detention and torture of him and petitioners' negligent failure to warn him of the possibility of severe retaliatory action if he attempted to report on-the-job hazards. The Nelsons asserted jurisdiction under the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. 1605(a)(2), which confers jurisdiction where an action is "based upon a commercial activity carried on in the United States by the foreign state." Th...
Tag this Judgment!Court : US Supreme Court
Decided on : May-18-1992
Foucha v. Louisiana - 504 U.S. 71 (1992) OCTOBER TERM, 1991 Syllabus FOUCHA v. LOUISIANA CERTIORARI TO THE SUPREME COURT OF LOUISIANA No. 90-5844. Argued November 4, 1991-Decided May 18, 1992 Under Louisiana law, a criminal defendant found not guilty by reason of insanity may be committed to a psychiatric hospital. If a hospital review committee thereafter recommends that the acquittee be released, the trial court must hold a hearing to determine whether he is dangerous to himself or others. If he is found to be dangerous, he may be returned to the hospital whether or not he is then mentally ill. Pursuant to this statutory scheme, a state court ordered petitioner Foucha, an insanity acquittee, returned to the mental institution to which he had been committed, ruling that he was dangerous on the basis of, inter alia, a doctor's testimony that he had recovered from the drug induced psychosis from which he suffered upon commitment and was "in good shape" mentally; that he had, h...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-24-1992
Lee v. Weisman - 505 U.S. 577 (1992) OCTOBER TERM, 1991 Syllabus LEE ET AL. v. WEISMAN, PERSONALLY AND AS NEXT FRIEND OF WEISMAN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 90-1014. Argued November 6, 1991-Decided June 24, 1992 Principals of public middle and high schools in Providence, Rhode Island, are permitted to invite members of the clergy to give invocations and benedictions at their schools' graduation ceremonies. Petitioner Lee, a middle school principal, invited a rabbi to offer such prayers at the graduation ceremony for Deborah Weisman's class, gave the rabbi a pamphlet containing guidelines for the composition of public prayers at civic ceremonies, and advised him that the prayers should be nonsectarian. Shortly before the ceremony, the District Court denied the motion of respondent Weisman, Deborah's father, for a temporary restraining order to prohibit school officials from including the prayers in the ceremony. Deborah and her fam...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-26-1992
Two Pesos, Inc. v. Taco Cabana, Inc. - 505 U.S. 763 (1992) OCTOBER TERM, 1991 Syllabus TWO PESOS, INC. v. TACO CABANA, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 91-971. Argued April 21, 1992-Decided June 26, 1992 Respondent, the operator of a chain of Mexican restaurants, sued petitioner, a similar chain, for trade dress infringement under 43(a) of the Trademark Act of 1946 (Lanham Act), which provides that "[a]ny person who ... use[s] in connection with any goods or services ... any false description or representation ... shall be liable to ... any person ... damaged by [such] use." The District Court instructed the jury, inter alia, that respondent's trade dress was protected if it either was inherently distinctive-i. e., was not merely descriptive-or had acquired a secondary meaning-i. e., had come through use to be uniquely associated with a specific source. The court entered judgment for respondent after the jury found, among o...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-1992
Reported in : 1992(3)SCALE126; 1993Supp(1)SCC730; [1992]Supp2SCR389
K. Ramaswamy, J. 1. Special leave granted. 2. As the trio raised common questions of law, they are disposed of by a common judgment 3. The 1st petitioner in the Writ Petition is an Association representing the officers of the State Civil Service of U.P. and petitioner Nos. 2 to 17 are its members. Some of them and Bihar State Officers are the appellants in the two appeals respectively. On January 19, 1984, the association represented to the Govt. of India requesting to remove wide disparity prevailing in different States of promotional avenues from the State Civil Services to All India Administrative Service. The officers from Andhra Pradesh and Kerala, on completion of 8 to 9 years of service are becoming qualified for promotion to All India Administrative Service, while the officers from States like Uttar Pradesh and Bihar would get chance only after putting 24 to 27 years of service. The Estimate Committee of Seventh Lok Sabha to in its 77th Report highlighted the injustice. A comm...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-31-1992
Reported in : AIR1992SC1121; 1992CriLJ1429; 1992(2)Crimes14(SC); JT1992(2)SC513; 1992(1)KLT760(SC); 1992(1)SCALE753; (1992)3SCC100; [1992]2SCR371
ORDERK.Ramaswamy, J.1. The respondent was convicted for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 37 of 1954, for short 'the Act', and was sentenced to undergo 6 months R.I. and to pay a fine of Rs. 1000 with usual default clause. On appeal the Sessions Court confirmed the conviction and sentence. But on revision the High Court set aside the conviction solely on the ground that Dr. B.S. Singh, Public Analyst, had no jurisdiction to analyse the food article. It was B.S. Garg, Public Analyst, Varanasi and Allahabad region, alone had the power. Consequently the conviction on the basis of the report of Dr. S.B. Singh that the milk was adulterated was held without jurisdiction and authority of law. Accordingly the High Court acquitted the respondent by judgment dated February 2, 1981. This appeal by special leave arises against this judgment.2. The main question is whether Dr. S.B. Singh had jurisdiction over the Allahabad area to analyse th...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-16-1992
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
ORDER1. Judgment of The Chief Justice, M.N. Venkatachallah, A.M. Ahmadi and B.P. Jeevan Reddy, JJ. Delivered by B.P. Jeevan Reddy, J.B.P. Jeevan Reddy, J.Forty and three years ago was founded this republic with the fourfold objective of securing to its citizens justice, liberty, equality and fraternity. Statesmen of the highest order the like of which this country has not seen since - belonging to the fields of law, politics and public life came together to fashion the instrument of change - the Constitution of India. They did not rest content with evolving the framework of the State; they also pointed out the goal-and the methodology for reaching that goal. In the preamble, they spelt out the goal and in parts III and IV, they elaborated the methodology to be followed for reaching that goal.2. The Constituent Assembly, though elected on the basis of a limited franchise, was yet representative of all sections of society. Above all, it was composed of men of vision, conscious of the his...
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