Us Supreme Court Court June 1981 Judgments
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American Express Co. Vs. Koerner
Court: US Supreme Court
Decided on: Jun-08-1981
American Express Co. v. Koerner - 452 U.S. 233 (1981) U.S. Supreme Court American Express Co. v. Koerner, 452 U.S. 233 (1981) American Express Co. v. Koerner No. 80-202 Argued April 20, 1981 Decided June 8, 1981 452 U.S. 233 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Section 161(a) of the Truth in Lending Act (TILA), as added by the Fair Credit Billing Act, provides that, whenever a creditor sends an obligor a statement of the obligor's account "in connection with an extension of consumer credit" and the obligor believes that the statement contains a billing error, the obligor may send the creditor a written notice. If such a notice is sent, the creditor then must acknowledge receipt of it, investigate the matter, and either correct the account or send a written explanation of its belief that the original statement was correct. Section 103(h) of the TILA provides that the adjective "consumer," used with reference to a credit transaction,...
Anderson Bros. Ford Vs. Valencia
Court: US Supreme Court
Decided on: Jun-08-1981
Anderson Bros. Ford v. Valencia - 452 U.S. 205 (1981) U.S. Supreme Court Anderson Bros. Ford v. Valencia, 452 U.S. 205 (1981) Anderson Bros. Ford v. Valencia No. 80-84 Argued March 23, 1981 Decided June 8, 1981 452 U.S. 205 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Section 128(a)(10) of the Truth in Lending Act (TILA) provides that in connection with closed-end consumer credit transactions, the creditor must disclose "any security interest held or to be retained or acquired by the creditor in connection with the extension of credit, and a clear identification of the property to which the security interest relates." Regulation Z of the Federal Reserve Board (Board), promulgated pursuant to the Board's authority under the TILA, essentially repeats the statute's disclosure requirement, defines "security interest" and "security" as "any interest in property which secures payment or performance of an obligation," and sets forth a nonexha...
County of Washington Vs. Gunther
Court: US Supreme Court
Decided on: Jun-08-1981
County of Washington v. Gunther - 452 U.S. 161 (1981) U.S. Supreme Court County of Washington v. Gunther, 452 U.S. 161 (1981) County of Washington v. Gunther No. 80-429 Argued March 23, 1981 Decided June 8, 1981 452 U.S. 161 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus While Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate in his employment practices on the basis of sex, the last sentence of 703(h) of Title VII (Bennett Amendment) provides that it shall not be an unlawful employment practice for any employer to differentiate upon the basis of sex in determining the amount of its employees' wages if such differentiation is "authorized" by the Equal Pay Act of 1963. The latter Act, 29 U.S.C. 206(d), prohibits employers from discriminating on the basis of sex by paying lower wages to employees of one sex than to employees of the other for performing equal work, "except where such payment is made p...
Rowan Cos., Inc. Vs. United States
Court: US Supreme Court
Decided on: Jun-08-1981
Rowan Cos., Inc. v. United States - 452 U.S. 247 (1981) U.S. Supreme Court Rowan Cos., Inc. v. United States, 452 U.S. 247 (1981) Rowan Cos., Inc. v. United States No. 80-780 Argued April 21, 1981 Decided June 8, 1981 452 U.S. 247 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Petitioner, for its own convenience, provided meals and lodging to its employees working on offshore oil rigs. Petitioner did not include the value of the meals and lodging in computing the employees' "wages" for the purpose of paying taxes under the Federal Insurance Contributions Act (FICA) and the Federal Unemployment Tax Act (FUTA) or withholding the employees' federal income taxes. Upon audit, the Internal Revenue Service included the value of the meals and lodging in the employees' "wages" for FICA and FUTA, but not for income tax withholding. In doing so, the IRS acted consistently with Treasury Regulations that interpret the definition of "wages" in FICA and FU...
Gulf Oil Co. Vs. Bernard
Court: US Supreme Court
Decided on: Jun-01-1981
Gulf Oil Co. v. Bernard - 452 U.S. 89 (1981) U.S. Supreme Court Gulf Oil Co. v. Bernard, 452 U.S. 89 (1981) Gulf Oil Co. v. Bernard No. 80-441 Argued March 30, 1981 Decided June 1, 1981 452 U.S. 89 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Petitioner Gulf Oil Co. and the Equal Employment Opportunity Commission entered into a conciliation agreement involving alleged discrimination against black and female employees at one of Gulf's refineries. Under this agreement, Gulf undertook to offer backpay to alleged victims of discrimination and began to send notices to employees eligible for backpay, stating the amount available in return for execution of a full release of all discrimination claims. Respondents then filed a class action in Federal District Court against Gulf and petitioner labor union, on behalf of all black present and former employees and rejected applicants for employment, alleging racial discrimination in employment and seek...
Ford Motor Credit Co. Vs. Cenance
Court: US Supreme Court
Decided on: Jun-01-1981
Ford Motor Credit Co. v. Cenance - 452 U.S. 155 (1981) U.S. Supreme Court Ford Motor Credit Co. v. Cenance, 452 U.S. 155 (1981) Ford Motor Credit Co. v. Cenance No. 80-1205 Decided June 1, 1981 452 U.S. 155 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Held: 1. Under pertinent provisions of the Truth in Lending Act, 15 U.S.C. 1601 et seq., and an implementing regulation, petitioner company, as the assignee from automobile dealers of retail installment contracts, is a creditor within the meaning of the Act. Although each dealer arranged for the extension of credit to the automobile buyer, petitioner actually extended the credit. The sales were contingent upon petitioner's approval of the buyer's credit worthiness, and the dealer's acceptance of the sales contract and the assignment to petitioner became operational simultaneously, the assignment divesting the dealer of any risk in the transaction. 2. A statement on...
Mcdaniel Vs. Sanchez
Court: US Supreme Court
Decided on: Jun-01-1981
McDaniel v. Sanchez - 452 U.S. 130 (1981) U.S. Supreme Court McDaniel v. Sanchez, 452 U.S. 130 (1981) McDaniel v. Sanchez No. 80-180 Argued March 2, 1981 Decided June 1, 1981 452 U.S. 130 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus After holding that the apportionment plan for precincts from which county commissioners were elected to serve on the Commissioners Court for Kleberg County, Tex., was unconstitutional because of substantial population variances in the precincts, the District Court directed county officials to submit a proposed reapportionment plan to the court. The Commissioners Court then employed an expert to prepare a new plan and subsequently adopted his plan and submitted it to the District Court. The court approved the plan and authorized the Commissioners Court to conduct 1980 primary and general elections under it, rejecting respondents' contention that 5 of the Voting Rights Act of 1965 (Act) required the county, a ju...
Schad Vs. Borough of Mount Ephraim
Court: US Supreme Court
Decided on: Jun-01-1981
Schad v. Borough of Mount Ephraim - 452 U.S. 61 (1981) U.S. Supreme Court Schad v. Borough of Mount Ephraim, 452 U.S. 61 (1981) Schad v. Borough of Mount Ephraim No. 79-1640 Argued February 25, 1981 Decided June 1, 1981 452 U.S. 61 APPEAL FROM THE SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION Syllabus Appellants operate an adult bookstore in the commercial zone of appellee borough, and the store contains licensed coin-operated devices that display adult films. When appellants added a coin-operated mechanism permitting a customer to watch a usually nude live dancer, complaints were filed against them charging that the exhibition of live dancing violated an ordinance that restricted uses permitted in a commercial zone, and they were convicted. Rejecting appellants' defense based on the First and Fourteenth Amendments, the trial court, while recognizing that live nude dancing is protected by the First Amendment, held that First Amendment guarantees were not involved, since ...
Minnick Vs. California Dept. of Corrections
Court: US Supreme Court
Decided on: Jun-01-1981
Minnick v. California Dept. of Corrections - 452 U.S. 105 (1981) U.S. Supreme Court Minnick v. California Dept. of Corrections, 452 U.S. 105 (1981) Minnick v. California Department of Corrections No. 79-1213 Argued December 2, 1980 Decided June 1, 1981 452 U.S. 105 CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT Syllabus Petitioners, two white male correctional officers employed by the California Department of Corrections and an organization representing correctional officers and some other Department employees, filed suit in California state court against respondents, the Department and various state officers, alleging that the Department's affirmative action plan unlawfully discriminated against white males and that the individual petitioners had been denied promotions because of race. On the basis of the California Supreme Court's decision in Bakke v. University of California Regents, 18 Cal.3d 34, 553 P.2d 1152, the trial court enjoined respo...
Little Vs. Streater
Court: US Supreme Court
Decided on: Jun-01-1981
Little v. Streater - 452 U.S. 1 (1981) U.S. Supreme Court Little v. Streater, 452 U.S. 1 (1981) Little v. Streater No. 79-6779 Argued January 13, 1981 Decided June 1, 1981 452 U.S. 1 APPEAL FROM THE APPELLATE SESSION OF THE SUPERIOR COURT OF CONNECTICUT Syllabus After appellee, while unmarried, gave birth to a female child, she identified appellant as the father to the Connecticut Department of Social Services, a requirement stemming from the child's receipt of public assistance. The Department then provided an attorney for appellee to bring a paternity suit against appellant in a Connecticut state court. Appellant moved the trial court to order blood grouping tests on appellee and her child pursuant to a Connecticut statute ( 46b-168), which includes the provision that the cost of such tests shall be chargeable against the party requesting them. Asserting that he was indigent, appellant asked that the State be ordered to pay for the tests. The trial court granted the motio...
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