Court : US Supreme Court
Decided on : Mar-20-2001
Traffix Devices, Inc v. Marketing Displays, Inc. - 532 U.S. 23 (2001) OCTOBER TERM, 2000 Syllabus TRAFFIX DEVICES, INC. v. MARKETING DISPLAYS, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No.99-1571. Argued November 29, 2000-Decided March 20, 2001 Respondent, Marketing Displays, Inc. (MDI), holds now-expired utility patents for a "dual-spring design" mechanism that keeps temporary road and other outdoor signs upright in adverse wind conditions. MDI claims that its sign stands were recognizable to buyers and users because the patented design was visible near the sign stand's base. Mter the patents expired and petitioner TrafFix Devices, Inc., began marketing sign stands with a dual-spring mechanism copied from MDI's design, MDI brought suit under the Trademark Act of 1946 for, inter alia, trade dress infringement. The District Court granted TrafFix's motion for summary judgment, holding that no reasonable trier of fact could determine that MDI h...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-21-2001
Ferguson v. Charleston - 532 U.S. 67 (2001) OCTOBER TERM, 2000 Syllabus FERGUSON ET AL. v. CITY OF CHARLESTON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-936. Argued October 4, 2000-Decided March 21, 2001 In the fall of 1988, staff members at the Charleston public hospital operated by the Medical University of South Carolina (MUSC) became concerned about an apparent increase in the use of cocaine by patients who were receiving prenatal treatment. When the incidence of cocaine use among maternity patients remained unchanged despite referrals for counseling and treatment of patients who tested positive for that drug, MUSC staff offered to cooperate with the city in prosecuting mothers whose children tested positive for drugs at birth. Accordingly, a task force made up of MUSC representatives, police, and local officials developed a policy which set forth procedures for identifying and testing pregnant patients suspected of drug use; requ...
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-21-2001
..... 16, 23 (1983) ("[w]here congress includes particular language in one section of a statute but omits it in another section of the same act, it is generally presumed that congress acts intentionally and purposely in the disparate inclusion or exclusion" (internal quotation marks omitted ..... judicial process ... have no application to congress." oregon v. mitchell, 400 u. s. 112 , 248 (1970) (brennan, white, and marshall, jj., concurring in part and dissenting in part). rational-basis review-with its presumptions ..... only "one letter in opposition"); s. rep. no. 101-116, at 10 (summarizing testimony that many reasonable accommodations cost "less than $50," and the expense of others, such as hiring employees who can interpret for the deaf, is "frequently exaggerated"). in reviewing ..... . s., at 640 ("it is this conduct then-unremedied patent infringement by the states-that must give rise to the fourteenth amendment violation that congress sought to redress in the patent remedy act"); kimel, 528 u. s., at 89 ("congress never ..... her director position. see id., at 39. garrett then applied for and received a transfer to another, lower paying position as a nurse manager. see ibid. respondent milton ash worked as a security officer for the alabama department of youth services (department ..... provision applicable to the fourteenth amendment, the same broad powers expressed in the necessary and proper clause, art. i, 8, cl. 18." morgan, 384 u. s., at 650 (citing mcculloch v. maryland, 4 wheat. 316, 421 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-28-2001
Legal Services Corp. v. Velazquez - 531 U.S. 533 (2001) OCTOBER TERM, 2000 Syllabus LEGAL SERVICES CORPORATION v. VELAZQUEZ ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 99-603. Argued October 4, 2000-Decided February 28, 2001 * The Legal Services Corporation Act authorizes petitioner Legal Services Corporation (LSC) to distribute funds appropriated by Congress to local grantee organizations providing free legal assistance to indigent clients in, inter alia, welfare benefits claims. In every annual appropriations Act since 1996, Congress has prohibited LSC funding of any organization that represented clients in an effort to amend or otherwise challenge existing welfare law. Grantees cannot continue representation in a welfare matter even where a constitutional or statutory validity challenge becomes apparent after representation is well under way. Respondents-lawyers employed by LSC grantees, together with othersfiled suit to declare, in...
Tag this Judgment!Court : US Supreme Court
Decided on : May-29-2001
NLRB v. Kentucky River Community Care, Inc. - 532 U.S. 706 (2001) OCTOBER TERM, 2000 Syllabus NATIONAL LABOR RELATIONS BOARD v. KENTUCKY RIVER COMMUNITY CARE, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 99-1815. Argued February 21, 200l-Decided May 29, 2001 When co-respondent labor union petitioned the National Labor Relations Board to represent a unit of employees at respondent's residential care facility, respondent objected to the inclusion of its registered nurses in the unit, arguing that they were "supervisors" under 2(11) of the National Labor Relations Act (Act), 29 U. S. C. 152(11), and hence excluded from the Act's protections. At the representation hearing, the Board's Regional Director placed the burden of proving supervisory status on respondent, found that respondent had not carried its burden, and included the nurses in the unit. Thereafter, respondent refused to bargain with the union, leading the Board's General Co...
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Decided on : Nov-27-2001
Chickasaw Nation v. United States - 534 U.S. 84 (2001) OCTOBER TERM, 2001 Syllabus CHICKASAW NATION v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 00-507. Argued October 2, 200l-Decided November 27, 2001 * The Indian Gaming Regulatory Act (Gaming Act) provides, as relevant here, that Internal Revenue Code (Code) provisions "(including [ ]1441, 3402(q), 6041, and 60501, and chapter 35 ... ) concerning the reporting and withholding of taxes" with respect to gambling operations shall apply to Indian tribes in the same way as they apply to States. 25 U. S. C. 2719(d)(I). Chapter 35 imposes taxes from which it exempts certain state-controlled gambling activities, but says nothing about tax reporting or withholding. Petitioners, the Choctaw and Chickasaw Nations, claim that the Gaming Act subsection's explicit parenthetical reference exempts them from paying those chapter 35 taxes from which the States are exempt. Rejecting that claim, the...
Tag this Judgment!Court : US Supreme Court
Decided on : May-29-2001
Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resources - 532 U.S. 598 (2001) OCTOBER TERM, 2000 Syllabus BUCKHANNON BOARD & CARE HOME, INC., ET AL. v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-1848. Argued February 27, 200l-Decided May 29, 2001 Buckhannon Board and Care Home, Inc., which operates assisted living residences, failed an inspection by the West Virginia fire marshal's office because some residents were incapable of "self-preservation" as defined by state law. After receiving orders to close its facilities, Buckhannon and others (hereinafter petitioners) brought suit in Federal District Court against the State and state agencies and officials (hereinafter respondents), seeking declaratory and injunctive relief that the "selfpreservation" requirement violated the Fair Housing Amendments Act of 1988 (FHAA) and the Americans with Disabilit...
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Decided on : Jun-28-2001
Lorillard Tobacco Co. v. Reilly - 533 U.S. 525 (2001) OCTOBER TERM, 2000 Syllabus LORILLARD TOBACCO CO. ET AL. v. REILLY, ATTORNEY GENERAL OF MASSACHUSETTS, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 00-596. Argued April 25, 200l-Decided June 28, 2001* Mter the Attorney General of Massachusetts (Attorney General) promulgated comprehensive regulations governing the advertising and sale of cigarettes, smokeless tobacco, and cigars, petitioners, a group of tobacco manufacturers and retailers, filed this suit asserting, among other things, the Supremacy Clause claim that the cigarette advertising regulations are pre-empted by the Federal Cigarette Labeling and Advertising Act (FCLAA), which prescribes mandatory health warnings for cigarette packaging and advertising, 15 U. S. C. 1333, and pre-empts similar state regulations, 1334(b); and a claim that the regulations violate the First and Fourteenth Amendments to the Federal Constitution. In...
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Decided on : Jun-25-2001
INS v. St. Cyr - 533 U.S. 289 (2001) OCTOBER TERM, 2000 Syllabus IMMIGRATION AND NATURALIZATION SERVICE v. ST. CYR CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 00-767. Argued April 24, 200l-Decided June 25, 2001 Before the effective dates of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 212(c) of the Immigration and Nationality Act of 1952 was interpreted to give the Attorney General broad discretion to waive deportation of resident aliens. As relevant here, the large class of aliens depending on 212(c) relief was reduced in 1996 by 401 of AEDPA, which identified a broad set of offenses for which convictions would preclude such relief; and by IIRIRA, which repealed 212(c) and replaced it with a new section excluding from the class anyone "convicted of an aggravated felony," 8 U. S. C. 1229b(a)(3). Respondent St. Cyr, a lawful permanent Un...
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Decided on : Jun-25-2001
New York Times Co. v. Tasini - 533 U.S. 483 (2001) OCTOBER TERM, 2000 Syllabus NEW YORK TIMES CO., INC., ET AL. v. TASINI ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No.00-201. Argued March 28, 200l-Decided June 25, 2001 Respondent freelance authors (Authors) wrote articles (Articles) for newspapers and a magazine published by petitioners New York Times Company (Times), Newsday, Inc. (Newsday), and Time, Inc. (Time). The Times, Newsday, and Time (Print Publishers) engaged the Authors as independent contractors under contracts that in no instance secured an Author's consent to placement of an Article in an electronic database. The Print Publishers each licensed rights to copy and sell articles to petitioner LEXIS/NEXIS, owner and operator of NEXIS. NEXIS is a computerized database containing articles in text-only format from hundreds of periodicals spanning many years. Subscribers access NEXIS through a computer, may search for articles using ...
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