Us Supreme Court Court April 1982 Judgments
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Southern Pac. Transp. Vs. Commercial Metals
Court: US Supreme Court
Decided on: Apr-27-1982
Southern Pac. Transp. v. Commercial Metals - 456 U.S. 336 (1982) U.S. Supreme Court Southern Pac. Transp. v. Commercial Metals, 456 U.S. 336 (1982) Southern Pacific Transportation Co. v. Commercial Metals Co. No. 81-622 Argued March 31, 1982 Decided April 27, 1982 456 U.S. 336 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Respondent, as consignor, shipped goods by rail to a third party under uniform straight bills of lading prescribed by the Interstate Commerce Commission (ICC). Each bill provided that the consignor was liable for freight charges unless it signed a statement in the bill that "[t]he carrier shall not make delivery of this shipment without payment of freight and all other lawful charges." Respondent failed to execute this "nonrecourse" clause in the bills of lading. Petitioner, a common carrier by rail, delivered the first shipment to the consignee without collecting the freight charges in advance and without investigating th...
Pullman-standard Vs. Swint
Court: US Supreme Court
Decided on: Apr-27-1982
Pullman-Standard v. Swint - 456 U.S. 273 (1982) U.S. Supreme Court Pullman-Standard v. Swint, 456 U.S. 273 (1982) Pullman-Standard v. Swint No. 80-1190 Argued January 19, 1982 Decided April 27, 1982 * 456 U.S. 273 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Respondent black employees brought suit in Federal District Court against petitioners, their employer and certain unions, alleging that Title VII of the Civil Rights Act of 1964 was violated by a seniority system maintained by petitioners. The District Court found that the differences in terms, conditions, or privileges of employment resulting from the seniority system "are not the result of an intention to discriminate' because of race or color" and held, therefore, that the system satisfied the requirements of 703(h) of the Act. That section provides that it shall not be an unlawful employment practice for an employer to apply different compensation standards or different terms, c...
Weinberger Vs. Romero-barcelo
Court: US Supreme Court
Decided on: Apr-27-1982
Weinberger v. Romero-Barcelo - 456 U.S. 305 (1982) U.S. Supreme Court Weinberger v. Romero-Barcelo, 456 U.S. 305 (1982) Weinberger v. Romero-Barcelo No. 80-1990 Argued February 23, 1982 Decided April 27, 1982 456 U.S. 305 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus The Navy, in the course of using an island off the Puerto Rico coast for air-to-ground weapons training, has discharged ordnance into the waters surrounding the island, when pilots missed land targets and accidentally bombed the waters or intentionally bombed water targets. Respondents sued in Federal District Court to enjoin the Navy's operations, alleging violation of, inter alia, the Federal Water Pollution Control Act (FWPCA). The District Court, while finding that the discharges have not harmed the quality of the water, held that the Navy had violated the FWPCA by discharging ordnance into the waters without first obtaining a permit from the Environmental Protection Agen...
Larson Vs. Valente
Court: US Supreme Court
Decided on: Apr-21-1982
Larson v. Valente - 456 U.S. 228 (1982) U.S. Supreme Court Larson v. Valente, 456 U.S. 228 (1982) Larson v. Valente No. 80-1666 Argued December 9, 1981 Decided April 21, 1982 456 U.S. 228 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus A section ( 309.515, subd. 1(b)) of Minnesota's charitable solicitations Act provides that only those religious organizations that receive more than half of their total contributions from members or affiliated organizations are exempt from the registration and reporting requirements of the Act. The individual appellees, claiming to be followers of the tenets of appellee Unification Church (later joined as a plaintiff) brought suit in Federal District Court seeking a declaration that the statute, on its face and as applied to them, violated, inter alia, the Establishment Clause of the First Amendment, and also seeking injunctive relief. After obtaining a preliminary injunction, appellees moved for summary judgm...
Longshoremen Vs. Allied Int'l, Inc.
Court: US Supreme Court
Decided on: Apr-20-1982
Longshoremen v. Allied Int'l, Inc. - 456 U.S. 212 (1982) U.S. Supreme Court Longshoremen v. Allied Int'l, Inc., 456 U.S. 212 (1982) International Longshoremen's Association, AFL-CIO v. Allied International, Inc. No. 80-1663 Argued January 18, 1982 Decided April 20, 1982 456 U.S. 212 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Respondent is an American importer of Russian wood products, and had contracts with an American shipper for shipment of the products from the Soviet Union to American ports. The shipper, in turn, employed a stevedoring company to unload its ships. The stevedore's employees were members of petitioner longshoremen's union (hereafter petitioner). Petitioner, as a protest against the Russian invasion of Afghanistan, refused to handle cargoes arriving from or destined for the Soviet Union. As a result, respondent's shipments and business were disrupted completely. Respondent then brought an action in Federal District Cou...
United States Vs. Erika, Inc.
Court: US Supreme Court
Decided on: Apr-20-1982
United States v. Erika, Inc. - 456 U.S. 201 (1982) U.S. Supreme Court United States v. Erika, Inc., 456 U.S. 201 (1982) United States v. Erika, Inc. No. 80-1594 Argued March 1, 1982 Decided April 20, 1982 456 U.S. 201 CERTIORARI TO THE UNITED STATES COURT OF CLAIMS Syllabus Part B of the Medicare program, the federally subsidized, voluntary health insurance system for persons 65 or older or who are disabled, supplements Part A, which covers institutional health costs such as hospital expenses, by insuring against a portion of medical expenses excluded from Part A. Under the statute, private insurance carriers are assigned the task of paying Part B claims. If the carrier determines that a claim meets Part B coverage criteria, the claim is paid out of federal funds. Disputed determinations are subject to review in a hearing by the carrier if the disputed amount is $100 or more. The statute also provides for a review by the Secretary of Health and Human Services of determinatio...
Schweiker Vs. Mcclure
Court: US Supreme Court
Decided on: Apr-20-1982
Schweiker v. McClure - 456 U.S. 188 (1982) U.S. Supreme Court Schweiker v. McClure, 456 U.S. 188 (1982) Schweiker v. McClure No. 81-212 Argued March 1, 1982 Decided April 20, 1982 456 U.S. 188 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus Part B of the Medicare program under the Social Security Act provides federally subsidized insurance against the cost of certain physician services, outpatient physical therapy, X-rays, laboratory tests, and certain other medical and health care. The Secretary of Health and Human Services is authorized to contract with private insurance carriers to administer the payment of Part B claims. If the carrier refuses on the Secretary's behalf to pay a portion of a claim, the claimant is entitled to a "review determination," based on the submission of written evidence and arguments, and, if the amount in dispute is $100 or more, a still-dissatisfied claimant then has a right to an oral hearing, at w...
United States Vs. Frady
Court: US Supreme Court
Decided on: Apr-05-1982
United States v. Frady - 456 U.S. 152 (1982) U.S. Supreme Court United States v. Frady, 456 U.S. 152 (1982) United States v. Frady No. 80-1595 Argued December 8, 1981 Decided April 5, 1982 456 U.S. 152 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus In 1963, respondent was convicted of first-degree murder and sentenced to death by a jury in the Federal District Court for the District of Columbia, which at that time had exclusive jurisdiction over local felonies committed in the District. The Court of Appeals for the District of Columbia Circuit, which then acted as the local appellate court, upheld the conviction but set aside the death sentence, and respondent was then resentenced to a life term. Respondent filed the present motion in the District Court under 28 U.S.C. 2255 (the latest in a long series of collateral attacks on his sentence), seeking to vacate the sentence on the ground that he was convicted by a jury erroneou...
Engle Vs. Isaac
Court: US Supreme Court
Decided on: Apr-05-1982
Engle v. Isaac - 456 U.S. 107 (1982) U.S. Supreme Court Engle v. Isaac, 456 U.S. 107 (1982) Engle v. Isaac No. 80-1430 Argued December 8, 1981 Decided April 5, 1982 * 456 U.S. 107 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus These cases present the question whether respondents, who were convicted after separate trials on unrelated charges in Ohio state courts, and who failed to comply with Ohio Rule of Criminal Procedure 30 mandating contemporaneous objections to jury instructions, may challenge the constitutionality of those instructions in federal habeas corpus proceedings under 28 U.S.C. 2254. A provision of Ohio's Criminal Code ( 2901.05(A)), effective January 1, 1974, placed the burden of proving guilt beyond a reasonable doubt upon the prosecution and provided that "[t]he burden of going forward with the evidence of an affirmative defense is upon the accused." Until 1976, most Ohio courts assumed that the statute did not change Ohi...
American Tobacco Co. Vs. Patterson
Court: US Supreme Court
Decided on: Apr-05-1982
American Tobacco Co. v. Patterson - 456 U.S. 63 (1982) U.S. Supreme Court American Tobacco Co. v. Patterson, 456 U.S. 63 (1982) American Tobacco Co. v. Patterson No. 80-1199 Argued January 19, 1982 Decided April 5, 1982 456 U.S. 63 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Section 703(h) of the Civil Rights Act of 1964 provides that "it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, . . . provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin." Actions were brought in Federal District Court by black employees of petitioner employer and by the Equal Employment Opportunity Commission, charging that certain lines of progression for job advancement established by the employer in agreeme...
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