Us Supreme Court Court February 1982 Judgments
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Havens Realty Corp. Vs. Coleman
Court: US Supreme Court
Decided on: Feb-24-1982
Havens Realty Corp. v. Coleman - 455 U.S. 363 (1982) U.S. Supreme Court Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982) Havens Realty Corp. v. Coleman No. 80-988 Argued December 1, 1981 Decided February 24, 1982 455 U.S. 363 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Section 804 of the Fair Housing Act of 1968 (Act) makes unlawful various forms of discriminatory housing practices. Section 812(a) authorizes civil actions to enforce 804 and requires that suit be brought within 180 days after the alleged occurrence of a discriminatory practice. A class action for declaratory, injunctive, and monetary relief was brought in Federal District Court against petitioners -- Havens Realty Corp. (Havens), an apartment complex owner in a suburb of Richmond, Va., and one of its employees -- on the basis of their alleged "racial steering" in violation of 804. The suit was brought by a black person (Coles) who, attempting to rent an apartment fro...
Baldrige Vs. Shapiro
Court: US Supreme Court
Decided on: Feb-24-1982
Baldrige v. Shapiro - 455 U.S. 345 (1982) U.S. Supreme Court Baldrige v. Shapiro, 455 U.S. 345 (1982) Baldrige v. Shapiro No. 80-1436 Argued December 2, 1981 Decided February 24, 1982 * 455 U.S. 345 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus These cases present the question whether lists of addresses collected and utilized by the Bureau of the Census are exempt from disclosure, either by way of civil discovery or the Freedom of Information Act (FOIA), under the confidentiality provisions of the Census Act, 13 U.S.C. 8 and 9. Section 8(b) allows the Secretary of Commerce to reveal statistical materials "which do not disclose the information reported by, or on behalf of, any particular respondent." Section 9(a) prohibits the Secretary from using the information furnished except for statistical purposes, and from making any publication "whereby the data furnished by any particular establishment or individual . . . can be identified"; it a...
New England Power Co. Vs. New Hampshire
Court: US Supreme Court
Decided on: Feb-24-1982
New England Power Co. v. New Hampshire - 455 U.S. 331 (1982) U.S. Supreme Court New England Power Co. v. New Hampshire, 455 U.S. 331 (1982) New England Power Co. v. New Hampshire No. 80-1208 Argued December 7, 1981 Decided February 24, 1982 * 455 U.S. 331 APPEAL FROM THE SUPREME COURT OF NEW HAMPSHIRE Syllabus Appellant New England Power Co., a public utility generating and transmitting electricity at wholesale, sells most of its power in Massachusetts and Rhode Island; its wholesale customers service less than 6% of New Hampshire's population. New England Power owns and operates hydroelectric units, some of which are located in New Hampshire. The units are licensed by the Federal Energy Regulatory Commission (FERC) pursuant to the Federal Power Act. A New Hampshire statute, enacted in 1913, prohibits a corporation engaged in the generation of electrical energy by water power from transmitting such energy out of the State unless approval is first obtained from the New Hamps...
G. D. Searle and Co. Vs. Cohn
Court: US Supreme Court
Decided on: Feb-24-1982
G. D. Searle & Co. v. Cohn - 455 U.S. 404 (1982) U.S. Supreme Court G. D. Searle & Co. v. Cohn, 455 U.S. 404 (1982) G. D. Searle & Co. v. Cohn No. 80-644 Argued December 7, 1981 Decided February 24, 1982 455 U.S. 404 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus A New Jersey statute tolls the limitation period for an action against a foreign corporation that "is not represented" in New Jersey by any person or officer upon whom process may be served. In respondents' action against petitioner foreign corporation, originally brought in a New Jersey state court and removed to Federal District Court, petitioner moved for summary judgment based upon the applicable New Jersey statute of limitation, and respondents countered with the tolling provision. Although ruling that petitioner was not represented in New Jersey for purposes of the tolling provision, the District Court nevertheless held that the suit was barred. Reasoning that the tolling prov...
Zipes Vs. Trans World Airlines, Inc.
Court: US Supreme Court
Decided on: Feb-24-1982
Zipes v. Trans World Airlines, Inc. - 455 U.S. 385 (1982) U.S. Supreme Court Zipes v. Trans World Airlines, Inc., 455 U.S. 385 (1982) Zipes v. Trans World Airlines, Inc. No. 78-1545 Argued December 2, 1981 Decided February 24, 1982 * 455 U.S. 385 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus In 1970, the union then representing flight attendants employed by respondent Trans World Airlines, Inc. (TWA), brought a federal court class action alleging that TWA practiced unlawful sex discrimination in violation of Title VII of the Civil Rights Act of 1964 by its policy of grounding all female flight attendants who became mothers while their male counterparts who became fathers were permitted to continue flying. Subsequently, individual members of the class (petitioners in No. 78-1545) were appointed as class representatives to replace the union, which was found to be an inadequate representative. The District Court later denied TWA's motion to...
Logan Vs. Zimmerman Brush Co.
Court: US Supreme Court
Decided on: Feb-24-1982
Logan v. Zimmerman Brush Co. - 455 U.S. 422 (1982) U.S. Supreme Court Logan v. Zimmerman Brush Co., 455 U.S. 422 (1982) Logan v. Zimmerman Brush Co. No. 80-5950 Argued October 14, 1981 Decided February 24, 1982 455 U.S. 422 APPEAL FROM THE SUPREME COURT OF ILLINOIS Syllabus The Illinois Fair Employment Practices Act (FEPA) barred employment discrimination on the basis of physical handicap unrelated to ability. To obtain relief, a complainant had to bring a charge of unlawful conduct before the Illinois Fair Employment Practices Commission (Commission) within 180 days of the occurrence of such alleged conduct. The statute then gave the Commission 120 days within which to convene a factfinding conference to obtain evidence, ascertain the parties' positions, and explore the possibility of a settlement. Appellant, an employee of appellee, was discharged purportedly because his short left leg made it impossible for him to perform his duties as a shipping clerk. Appellant filed a ...
Herweg Vs. Ray
Court: US Supreme Court
Decided on: Feb-23-1982
Herweg v. Ray - 455 U.S. 265 (1982) U.S. Supreme Court Herweg v. Ray, 455 U.S. 265 (1982) Herweg v. Ray No. 80-60 Argued January 13, 1982 Decided February 23, 1982 455 U.S. 265 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Section 1902(a)(17)(D) of the Social Security Act (Act) provides that, in calculating benefits, state Medicaid plans must not "take into account the financial responsibility of any individual for any applicant or recipient under the plan unless such applicant or recipient is such individual's spouse." Section 1902(a)(17)(B) provides that participating States must grant benefits to eligible individuals "taking into account only such income and resources as are, as determined in accordance with standards prescribed by the Secretary [of Health and Human Services (HHS)], available to the applicant or recipient." Section 1902(a)(10)(A) requires States that have not exercised the so-called 209(b) option to provide Medicai...
Consolidated Freightways Corp. Vs. Kassel
Court: US Supreme Court
Decided on: Feb-23-1982
CONSOLIDATED FREIGHTWAYS CORP. v. KASSEL - 455 U.S. 329 (1982) U.S. Supreme Court CONSOLIDATED FREIGHTWAYS CORP. v. KASSEL, 455 U.S. 329 (1982) 455 U.S. 329 CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE v. KASSEL ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 79-1618. Argued November 9, 1981 Decided February 23, 1982 Certiorari dismissed. John H. Lederer argued the cause for petitioner. With him on the briefs were John Duncan Varda, Anthony R. Varda, and William C. Lewis, Jr. Mark E. Schantz, Solicitor General of Iowa, argued the cause for respondents. With him on the brief were Thomas J. Miller, Attorney General, Robert W. Goodwin, Special Assistant Attorney General, and Lester A. Paff, Assistant Attorney General. PER CURIAM. The writ of certiorari is dismissed as improvidently granted. JUSTICE O'CONNOR took no part in the consideration or decision of this case. JUSTICE WHITE, dissenting. We granted certiorari in this case to dec...
Jewett Vs. Commissioner
Court: US Supreme Court
Decided on: Feb-23-1982
Jewett v. Commissioner - 455 U.S. 305 (1982) U.S. Supreme Court Jewett v. Commissioner, 455 U.S. 305 (1982) Jewett v. Commissioner, 455 U.S. 305 (1982) No. 80-1614 Argued December 1, 1981 Decided February 23, 1982 455 U.S. 305 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Held: The "transfer" referred to in the Treasury Regulation excepting from the federal gift tax a refusal to accept ownership of an interest in property transferred by will if such refusal is effective under local law and made "within a reasonable time after knowledge of the existence of the transfer," occurs, as indicated by both the text and history of the Regulation, when the interest is created, and not at a later time when the interest either vests or becomes possessory. Hence, in this case, where disclaimers of a contingent interest in a testamentary trust, though effective under local law, were not made until 33 years, and thus not "within a reasonable time," after...
United States Vs. Lee
Court: US Supreme Court
Decided on: Feb-23-1982
United States v. Lee - 455 U.S. 252 (1982) U.S. Supreme Court United States v. Lee, 455 U.S. 252 (1982) United States v. Lee No. 80-767 Argued November 2, 1981 Decided February 23, 1982 455 U.S. 252 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA Syllabus Appellee, a farmer and carpenter, is a member of the Old Order Amish, who believe that there is a religiously based obligation to provide for their fellow members the kind of assistance contemplated by the social security system. During certain years when he employed other Amish to work on his farm and in his carpentry shop, appellee failed to withhold social security taxes from his employees or to pay the employer's share of such taxes because he believed that payment of the taxes and receipt of benefits would violate the Amish faith. After the Internal Revenue Service assessed him for the unpaid taxes, appellee paid a certain amount and then sued in Federal District Court for a refun...
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