Us Supreme Court Court May 1985 Judgments
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Gould Vs. Ruefenacht
Court: US Supreme Court
Decided on: May-28-1985
Gould v. Ruefenacht - 471 U.S. 701 (1985) U.S. Supreme Court Gould v. Ruefenacht, 471 U.S. 701 (1985) Gould v. Ruefenacht No. 84-165 Argued March 26, 1985 Decided May 28, 1985 471 U.S. 701 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Respondent Ruefenacht (hereinafter respondent) purchased 50% of the stock of a company whose president previously had owned all of the stock. Respondent allegedly purchased the stock in reliance on financial documents and oral representations made by various individuals, including petitioner Gould, the company's corporate counsel. Part of the consideration for the deal was respondent's promise that he would participate in the company's management, which he did, but his actions were at all times subject to the president's veto. Respondent subsequently began to doubt the accuracy of some of the representations that had been made to him. He ultimately filed suit in Federal District Court, alleging violations of, ...
Landreth Timber Co. Vs. Landreth
Court: US Supreme Court
Decided on: May-28-1985
Landreth Timber Co. v. Landreth - 471 U.S. 681 (1985) U.S. Supreme Court Landreth Timber Co. v. Landreth, 471 U.S. 681 (1985) Landreth Timber Co. v. Landreth No. 83-1961. Argued March 26, 1985 Decided May 28, 1985 471 U.S. 681 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondents father and sons, who owned all of the common stock of a lumber business that they operated, offered their stock for sale through brokers. The company's sawmill was subsequently damaged by fire, but potential purchasers were told that the mill would be rebuilt and modernized. Thereafter, a stock purchase agreement for all of the stock was executed, and ultimately petitioner company was formed by the purchasers. Respondent father agreed to stay on as a consultant for some time to help with the daily operations of the mill. After the acquisition was completed, the mill did not live up to the purchasers' expectations. Eventually, petitioner sold the mill at a loss ...
Zauderer Vs. Office of Disc. Counsel
Court: US Supreme Court
Decided on: May-28-1985
Zauderer v. Office of Disc. Counsel - 471 U.S. 626 (1985) U.S. Supreme Court Zauderer v. Office of Disc. Counsel, 471 U.S. 626 (1985) Zauderer v. Office of Disciplinary Counsel, Supreme Court of Ohio No. 83-2166 Argued January 7, 1985 Decided May 28, 1985 471 U.S. 626 APPEAL FROM THE SUPREME COURT OF OHIO Syllabus Appellant, an attorney practicing law in Ohio, ran a newspaper advertisement advising readers that his firm would represent defendants in drunken driving cases and that his clients' "full legal fee [would be] refunded if [they were] convicted of DRUNK DRIVING." Later, appellant ran another newspaper advertisement publicizing his willingness to represent women who had suffered injuries resulting from their use of a contraceptive known as the Dalkon Shield Intrauterine Device. The advertisement featured a line drawing of the device and stated that the Dalkon Shield had generated a large amount of lawsuits; that appellant was currently handling such lawsuits and was w...
Dept. of Inc. Maintenance Vs. Heckler
Court: US Supreme Court
Decided on: May-20-1985
Dept. of Inc. Maintenance v. Heckler - 471 U.S. 524 (1985) U.S. Supreme Court Dept. of Inc. Maintenance v. Heckler, 471 U.S. 524 (1985) Connecticut Department of Income Maintenance v. Heckler No. 83-2136 Argued March 27, 1985 Decided May 20, 1985 471 U.S. 524 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The Medicaid Act does not cover services performed for patients between the ages of 21 and 65 in an "institution for mental diseases" (IMD). In the absence of a statutory definition, the Secretary of Health and Human Services (Secretary) has promulgated a regulation defining an IMD as "an institution that is primarily engaged in providing diagnosis, treatment or care of persons with mental diseases," and providing that whether an institution is an IMD is determined by its "overall character." The Middletown Haven Rest Home in Connecticut is an "intermediate care facility" (ICF) that provides care for persons with mental illness as well as ...
Ponte Vs. Real
Court: US Supreme Court
Decided on: May-20-1985
Ponte v. Real - 471 U.S. 491 (1985) U.S. Supreme Court Ponte v. Real, 471 U.S. 491 (1985) Ponte v. Real No. 83-1329 Argued January 9, 1985 Decided May 20, 1985 471 U.S. 491 CERTIORARI TO THE SUPREME JUDICIAL COURT OF MASSACHUSETTS Syllabus Respondent, a Massachusetts prison inmate, as a result of a fight that occurred in a prison office, was charged with violation of prison regulations. At the hearing on these charges, the disciplinary board refused to allow respondent to call witnesses whom he had requested, but the record of the hearing does not indicate the board's reason for such refusal. The board found respondent guilty, and 150 days of his "good time" credits were forfeited. Respondent then sought a writ of habeas corpus in a Massachusetts trial court, which sustained his claim that petitioner prison Superintendent had deprived him of the due process guaranteed by the Fourteenth Amendment, because petitioner advanced no reasons in court as to why respondent was not a...
Burger King Corp. Vs. Rudzewicz
Court: US Supreme Court
Decided on: May-20-1985
Burger King Corp. v. Rudzewicz - 471 U.S. 462 (1985) U.S. Supreme Court Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985) Burger King Corp. v. Rudzewicz No. 83-2097 Argued January 8, 1985 Decided May 20, 1985 471 U.S. 462 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus Appellant is a Florida corporation whose principal offices are in Miami. It conducts most of its restaurant business through a franchise operation, under which franchisees are licensed to use appellant's trademarks and service marks in leased standardized restaurant facilities for a period of 20 years. The governing contracts provide that the franchise relationship is established in Miami and governed by Florida law, and call for payment of all required monthly fees and forwarding of all relevant notices to the Miami headquarters. The Miami headquarters sets policy and works directly with the franchisees in attempting to resolve major problems. Day-to-day monitoring of franc...
Black Vs. Romano
Court: US Supreme Court
Decided on: May-20-1985
Black v. Romano - 471 U.S. 606 (1985) U.S. Supreme Court Black v. Romano, 471 U.S. 606 (1985) Black v. Romano No. 84-465 Argued March 18, 1985 Decided May 20, 1985 471 U.S. 606 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Respondent, upon pleading guilty in a Missouri state court to controlled substance offenses, was put on probation and given suspended prison sentences. Two months later, he was arrested for and subsequently charged with leaving the scene of an automobile accident, a felony. After a hearing, the judge who had sentenced respondent, finding that respondent had violated his probation conditions by committing a felony, revoked probation and ordered execution of the previously imposed sentences. After unsuccessfully seeking postconviction relief in state court, respondent filed a habeas corpus petition in Federal District Court, alleging that the state judge had violated due process requirements by revoking probation without c...
Harper and Row Vs. Nation Enterprises
Court: US Supreme Court
Decided on: May-20-1985
Harper & Row v. Nation Enterprises - 471 U.S. 539 (1985) U.S. Supreme Court Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985) Harper & Row, Publishers, Inc. v. Nation Enterprises No. 83-1632 Argued November 6, 1984 Decided May 20, 1985 471 U.S. 539 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus In 1977, former President Ford contracted with petitioners to publish his as yet unwritten memoirs. The agreement gave petitioners the exclusive first serial right to license prepublication excerpts. Two years later, as the memoirs were nearing completion, petitioners, as the copyright holders, negotiated a prepublication licensing agreement with Time Magazine under which Time agreed to pay $25,000 ($12,500 in advance and the balance at publication) in exchange for the right to excerpt 7,500 words from Mr. Ford's account of his pardon of former President Nixon. Shortly before the Time article's scheduled release, an unauthorized source provided...
Liparota Vs. United States
Court: US Supreme Court
Decided on: May-13-1985
Liparota v. United States - 471 U.S. 419 (1985) U.S. Supreme Court Liparota v. United States, 471 U.S. 419 (1985) Liparota v. United States No. 84-5108 Argued March 19, 1985 Decided May 13, 1985 471 U.S. 419 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus The federal statute governing food stamp fraud provides in 7 U.S.C. 2024(b)(1) that "whoever knowingly uses, transfers, acquires, alters, or possesses coupons or authorization cards in any manner not authorized by [the statute] or the regulations" shall be guilty of a criminal offense. Petitioner was indicted for violation of 2024(b)(1). At a jury trial in Federal District Court, the Government proved that petitioner on three occasions had purchased food stamps from an undercover Department of Agriculture agent for substantially less then their face value. The court refused petitioner's proposed jury instruction that the Government must prove that petitioner knowingly did an act that t...
Hopfmann Vs. Connolly
Court: US Supreme Court
Decided on: May-13-1985
Hopfmann v. Connolly - 471 U.S. 459 (1985) U.S. Supreme Court Hopfmann v. Connolly, 471 U.S. 459 (1985) Hopfmann v. Connolly No. 84-1440 Decided May 13, 1985 471 U.S. 459 ON APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Held: In federal court proceedings wherein it was claimed that the Massachusetts Democratic Party's Charter, as enforced by a Massachusetts statute, violated the First and Fourteenth Amendments, the Court of Appeals erred in concluding, on the basis of Hicks v. Miranda, 422 U. S. 332 , that the claim here was foreclosed by this Court's summary disposition of two appeals from the Massachusetts Supreme Judicial Court in Langone v. Connolly, 460 U. S. 1057 . Hicks explained the precedential effect of a dismissal by this Court "for want of [a] substantial federal question" where this Court has jurisdiction over an appeal. However, in Langone, this Court dismissed the appeals for lack of appellate jurisdiction, and thus h...
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