Court : US Supreme Court
Decided on : Apr-21-1971
United States v. Vuitch - 402 U.S. 62 (1971) U.S. Supreme Court United States v. Vuitch, 402 U.S. 62 (1971) United States v. Vuitch No. 84 Argued January 12, 1971 Decided April 21, 1971 402 U.S. 62 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Appellee physician's indictments for producing and attempting to produce abortions in violation of D.C.Code 22-201 was dismissed by the District Court on the ground of unconstitutional vagueness. That court held that the word "health" was overly vague, and, relying on Williams v. United States, 78 U.S.App.D.C. 147, 138 F.2d 81, held that, once an abortion is proved, the burden is on the doctor to persuade the jury that it was necessary to preserve the mother's life or health. The Government appealed to this Court under the Criminal Appeals Act, 18 U.S.C. 3731. Held: 1. Although the abortion statute applies only to the District of Columbia, this Court has jurisdiction of the appeal under 3731, which pr...
Tag this Judgment!Court : US Supreme Court
Decided on : May-03-1971
..... the royalty costs in order to compete with other manufacturers who have secured holdings that the patent is invalid, cutting the profitability of his business and perhaps assuring that he will never be in a financial position to challenge the patent in court. on the other hand, the manufacturer who has secured a judicial holding that the patent is invalid ..... solid a foundation." id. at 222. cf. technograph printed circuits, ltd. v. united states, 178 ct.cl. 543, 372 f.2d 969 (1967); agrashell, inc. v. bernard sirotta co., 281 f. ..... patent cases. in fiscal 1970, 32 such civil cases were terminated; seven, or about 22%, of these suits were patent cases. annual reports, 1968-1970, table c-9. [ footnote 34 ] "estoppel and cancellation" "(a) in any action in a federal court in which the issue of the validity or scope of a claim of a patent is properly before the court, and the owner of the patent as shown by the records of the patent office is a party or has been given notice as provided in subsection (c) of this section ..... treble damages under 4 of the clayton act by asserting that the patent was invalid because procured or enforced with knowledge of fraud practiced on the patent office, "provided the other elements necessary to a [monopolization case under 2 of the sherman act] are present." id. at 382 ..... lighting, 376 u. s. 234 (1964); kennedy, patent and antitrust policy: the search for a unitary theory, 35 geo.wash.l.rev. 512 (1967). [ footnote 39 ] united states v. bell telephone co., .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1971
COOK v. UNITED STATES - 401 U.S. 996 (1971) U.S. Supreme Court COOK v. UNITED STATES , 401 U.S. 996 (1971) 401 U.S. 996 Earle T. COOK v. UNITED STATES. No. 1166. Supreme Court of the United States March 29, 1971 On Petition for Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit. The petition for writ of certiorari is denied. Mr. Justice DOUGLAS, with whom Mr. Justice BRENNAN concurs, dissenting. I would grant the petition on the issue of electronic surveillance. In this criminal prosecution counsel for the defense asked if the Government had obtained any evidence by means of listening devices or electronic eavesdropping. [ Footnote 1 ] The prosecutor would say only that 'no illegal eavesdropping devices were used.'2 He would not state whether any eavesdropping equipment had been used. [ Footnote 3 ] The trial judge refused to order the disclosure. [ Footnote 4 ] On appeal, petitioner contended that the Government must disclose whether the...
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Decided on : Jan-12-1971
Wyman v. James - 400 U.S. 309 (1971) U.S. Supreme Court Wyman v. James, 400 U.S. 309 (1971) Wyman v. James No. 69 Argued October 20, 1970 Decided January 12, 1971 400 U.S. 309 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus New York's Aid to Families with Dependent Children (AFDC) program, stressing "close contact" with beneficiaries, requires home visits by caseworkers as a condition for assistance "in order that any treatment or service tending to restore [beneficiaries] to a condition of self-support and to relieve their distress may be rendered and . . . that assistance or care may be given only in such amount and as long as necessary." Visitation with a beneficiary, who is the primary source of information to welfare authorities as to eligibility for assistance, is not permitted outside working hours, and forcible entry and snooping are prohibited. Appellee, a beneficiary under the AFDC program, after receiving several days...
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Decided on : Feb-23-1971
Perez v. Ledesma - 401 U.S. 82 (1971) U.S. Supreme Court Perez v. Ledesma, 401 U.S. 82 (1971) Perez v. Ledesma No. 60 Argued November 17, 1970 Decided February 23, 1971 401 U.S. 82 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus Appellees, who had been arrested and charged with violating a Louisiana statute and a parish ordinance by displaying for sale allegedly obscene material (which was seized by the arresting officers), brought this suit in the Federal District Court for a declaration that the statute and ordinance were unconstitutional, and for an injunction against their enforcement. A three-judge court which was convened upheld the statute and declined to issue an injunction, but, finding that the arrests and seizure were invalid, entered a suppression order prohibiting the use in state criminal proceedings of the illegally seized material and requiring its return to appellees. The three-judge court recognized that it had n...
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Decided on : Feb-23-1971
Sanks v. Georgia - 401 U.S. 144 (1971) U.S. Supreme Court Sanks v. Georgia, 401 U.S. 144 (1971) Sanks v. Georgia No. 28 Argued December 8, 1969 Reargued November 17-18, 1970 Decided February 23, 1971 401 U.S. 144 APPEAL FROM THE SUPREME COURT OF GEORGIA Syllabus As a condition precedent to making a defense against a summary eviction proceeding, Georgia law provided that the tenant post a surety bond for double the amount due at the end of the trial, the landlord becoming entitled to such double rent should the tenant lose his case. Following the Georgia Supreme Court's upholding of that statutory scheme over due process and equal protection challenges by appellants, indigent tenants seeking to contest summary eviction, appellants left the premises their landlords initially sought to recover, and entirely new legislation was enacted containing neither the bond-posting nor double rent requirement. Held: These ensuing developments make it inappropriate for this Court to reso...
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Decided on : Feb-23-1971
Dyson v. Stein - 401 U.S. 200 (1971) U.S. Supreme Court Dyson v. Stein, 401 U.S. 200 (1971) Dyson v. Stein No. 41 Argued April 30, 1970 Reargued November 16, 1970 Decided February 23, 1971 401 U.S. 200 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS Syllabus Appellee newspaper publisher, who had been charged with violating a Texas law prohibiting the possession of obscene materials, brought this action in a federal district court for an injunction to prevent the Dallas police from arresting him and seizing his property on obscenity grounds without a prior judicial determination of obscenity and for a declaration of the rights of the parties with respect to the statute. A three-judge court was convened and issued declaratory and injunctive relief, holding two parts of the statute unconstitutional and ruling that another part would be constitutional only if the obscenity definition was changed. Held: There was no finding of irreparable injur...
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Decided on : Feb-24-1971
Boilermakers v. Hardeman - 401 U.S. 233 (1971) U.S. Supreme Court Boilermakers v. Hardeman, 401 U.S. 233 (1971) International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, AFL-CIO v. Hardeman No. 123 Argued December 16, 1970 Decided February 24, 1971 401 U.S. 233 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Respondent, who was a member of petitioner union, assaulted the business manager of his local for allegedly failing to refer him for a job, and was tried for this conduct by the union on charges of (1) creating dissension and working against the interest and harmony of the local, which carried a penalty of expulsion, and (2) threatening and using force to restrain an officer from discharging the duties of his union office, punishable "as warranted by the offense." He was found "guilty as charged" and expelled for an indefinite period. He later brought suit for damages alleging that petitioner violate...
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Decided on : Feb-24-1971
Zenith Radio Corp. v. Hazeltine Research, Inc. - 401 U.S. 321 (1971) U.S. Supreme Court Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321 (1971) Zenith Radio Corp. v. Hazeltine Research, Inc. No. 80 Argued November 10, 1970 Decided February 24, 1971 401 U.S. 321 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Respondent (HRI) brought a patent infringement suit against petitioner (Zenith) in 1959, and, in 1963, Zenith counterclaimed for damages alleging violations of the Sherman and Clayton Acts by HRI's participation in patent pools in Canada, Great Britain, and Australia, restricting Zenith's operations in those countries. A year after evidence was closed, the trial judge entered preliminary findings of fact and conclusions of law favoring Zenith. HRI then moved to amend its reply to the counterclaim and to reopen the record for taking additional evidence. HRI sought to assert defenses of the statute of limitations and release, ...
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Decided on : Mar-23-1971
Ohio v. Wyandotte Chemicals Corp. - 401 U.S. 493 (1971) U.S. Supreme Court Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493 (1971) Ohio v. Wyandotte Chemicals Corp. No. 41, Orig. Argued January 18, 1971 Decided March 23, 1971 401 U.S. 493 MOTION FOR LEAVE TO FILE BILL OF COMPLAINT Syllabus The State of Ohio filed a motion for leave to file a bill of complaint invoking the Court's original jurisdiction against defendant companies, incorporated in Michigan, Delaware, and Canada, to abate an alleged nuisance resulting in the contamination and pollution of Lake Erie from the dumping of mercury into its tributaries. The Court declines to exercise its jurisdiction in this case since the issues are bottomed on local law that the Ohio courts are competent to consider; several national and international bodies are actively concerned with the pollution problems involved here; and the nature of the case requires the resolution of complex, novel, and technical factual questions that do n...
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