Us Supreme Court Court July 1985 Judgments
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Block Vs. North Side Lumber
Court: US Supreme Court
Decided on: Jul-24-1985
Block v. North Side Lumber - 473 U.S. 1307 (1985) U.S. Supreme Court Block v. North Side Lumber, 473 U.S. 1307 (1985) Block v. North Side Lumber No. A-31 Decided July 24, 1985 473 U.S. 1307 ON APPLICATION TO VACATE STAY Syllabus An application by the Secretary of Agriculture to vacate the Court of Appeals' stay of the issuance of its own mandate is denied. The Court of Appeals had vacated the District Court's preliminary injunction against the Secretary's enforcing his contracts with respondent lumber company for the latter's harvesting of timber in national forests, but stayed the issuance of its mandate for 30 days to allow respondents to petition this Court for certiorari. JUSTICE REHNQUIST, Circuit Justice. The United States District Court for the District of Oregon preliminarily enjoined applicant John R. Block, Secretary of Agriculture, from enforcing contracts between him and respondent lumber company. These contracts required the latter to harvest timber in national...
Heckler Vs. Redbud Hosp. Dist.
Court: US Supreme Court
Decided on: Jul-24-1985
Heckler v. Redbud Hosp. Dist. - 473 U.S. 1308 (1985) U.S. Supreme Court Heckler v. Redbud Hosp. Dist., 473 U.S. 1308 (1985) Heckler v. Redbud Hospital District No. A-32 Decided July 24, 1985 473 U.S. 1308 ON APPLICATION FOR STAY Syllabus An application by the Secretary of Health and Human Services to stay, pending her appeal to the Court of Appeals, the District Court's "preliminary injunction" is granted insofar as it required her to promulgate nationwide regulations providing hospitals with rights to immediate review of their individual Medicare reimbursement rates and with enhanced reimbursement for inpatient services. If the Court of Appeals were to affirm the District Court's use of a "preliminary injunction" to require the Secretary to issue nationwide regulations, at least four Members of this Court would probably vote to grant certiorari. Moreover, it does not appear that the District Court had authority to order such sweeping "preliminary" relief, and the "stay equit...
Opm Vs. Afge
Court: US Supreme Court
Decided on: Jul-05-1985
OPM v. AFGE - 473 U.S. 1301 (1985) U.S. Supreme Court OPM v. AFGE, 473 U.S. 1301 (1985) Office of Personnel Management v. American Federation of Government Employees, AFL-CIO No. A-5 Decided July 5, 1985 473 U.S. 1301 ON APPLICATION TO VACATE ORDER Syllabus An application to vacate the Court of Appeals' June 29, 1985, order -- which, inter alia, directed that the July 1, 1985, effective date of certain new regulations of applicant Office of Personnel Management be stayed until further order of that court -- is granted. A fews days before the effective date of the regulations, which allow federal agencies to give more weight to merit and less weight to seniority in personnel decisions, respondent sought a temporary restraining order blocking implementation of the regulations from the District Court, which denied the requested order but explicitly contemplated a prompt hearing on a preliminary injunction. On appeal, the Court of Appeals, in addition to staying the effective ...
Mitsubishi Vs. Soler Chrysler-plymouth
Court: US Supreme Court
Decided on: Jul-02-1985
Mitsubishi v. Soler Chrysler-Plymouth - 473 U.S. 614 (1985) U.S. Supreme Court Mitsubishi v. Soler Chrysler-Plymouth, 473 U.S. 614 (1985) Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. No. 83-1569 Argued March 18, 1985 Decided July 2, 1985 * 473 U.S. 614 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Petitioner-cross-respondent (hereafter petitioner), a Japanese corporation that manufactures automobiles, is the product of a joint venture between Chrysler International, S.A. (CISA), a Swiss corporation, and another Japanese corporation, aimed at distributing through Chrysler dealers outside the continental United States automobiles manufactured by petitioner. Respondent-cross-petitioner (hereafter respondent), a Puerto Rico corporation, entered into distribution and sales agreements with CISA. The sales agreement (to which petitioner was also a party) contained a clause providing for arbitration by the Japan Commercial Arbitration ...
Cornelius Vs. Naacp Leg. Def. Fund
Court: US Supreme Court
Decided on: Jul-02-1985
Cornelius v. NAACP Leg. Def. Fund - 473 U.S. 788 (1985) U.S. Supreme Court Cornelius v. NAACP Leg. Def. Fund, 473 U.S. 788 (1985) Cornelius v. NAACP Legal Defense and Educational Fund, Inc. No. 84-312 Argued February 19, 1985 Decided July 2, 1985 473 U.S. 788 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus By Executive Order, participation in the Combined Federal Campaign (CFC), a charity drive aimed at federal employees, is limited to voluntary, tax-exempt, nonprofit charitable agencies that provide direct health and welfare services to individuals or their families, and legal defense and political advocacy organizations are specifically excluded. Participating organizations confine their fundraising activities to a 30-word statement submitted for inclusion in the CFC literature disseminated to federal employees. Undesignated contributions are distributed on a local level to certain participating organizations, and designated ...
Carchmer Vs. Nash
Court: US Supreme Court
Decided on: Jul-02-1985
Carchmer v. Nash - 473 U.S. 716 (1985) U.S. Supreme Court Carchmer v. Nash, 473 U.S. 716 (1985) Carchmer v. Nash No. 84-776 Argued April 22, 1985 Decided July 2, 1985 473 U.S. 716 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Article III of the Interstate Agreement on Detainers (Agreement), a congressionally sanctioned interstate compact, establishes a procedure by which a prisoner incarcerated in one State (the sending State) may demand the speedy disposition of "any untried indictment, information or complaint" that is the basis of the detainer lodged against him by another State (the receiving State). If the prisoner makes such a demand, Art. III requires the authorities in the receiving State to bring him to trial within 180 days or the court must dismiss the indictment, information, or complaint, and the detainer will cease to be of any force or effect. Respondent was convicted on criminal charges in New Jersey Superior Court, which im...
United States Vs. Bagley
Court: US Supreme Court
Decided on: Jul-02-1985
United States v. Bagley - 473 U.S. 667 (1985) U.S. Supreme Court United States v. Bagley, 473 U.S. 667 (1985) United States v. Bagley No. 84-48 Argued March 20, 1985 Decided July 2, 1985 473 U.S. 667 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent was indicted on charges of violating federal narcotics and firearms statutes. Before trial, he filed a discovery motion requesting, inter alia, "any deals, promises or inducements made to [Government] witnesses in exchange for their testimony." The Government's response did not disclose that any "deals, promises or inducements" had been made to its two principal witnesses, who had assisted the Bureau of Alcohol, Tobacco and Firearms (ATF) in conducting an undercover investigation of respondent. But the Government did produce signed affidavits by these witnesses recounting their undercover dealing with respondent and concluding with the statement that the affidavits were made without any...
Fish and Wildlife Dept. Vs. Klamath Tribe
Court: US Supreme Court
Decided on: Jul-02-1985
Fish & Wildlife Dept. v. Klamath Tribe - 473 U.S. 753 (1985) U.S. Supreme Court Fish & Wildlife Dept. v. Klamath Tribe, 473 U.S. 753 (1985) Oregon Department of Fish and Wildlife v. Klamath Indian Tribe No. 83-2148 Argued February 27, 1985 Decided July 2, 1985 473 U.S. 753 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus By an 1864 Treaty, certain Indian Tribes (now collectively known as respondent Klamath Indian Tribe) ceded their aboriginal title to certain lands in Oregon to the United States, and a reservation was created securing to the Tribe "the exclusive right of taking fish in the streams and lakes, included in said reservation." The Treaty language has been construed in earlier litigation also to reserve to the Tribe the right to hunt and trap game within the reservation. No right to hunt or fish outside the reservation was expressly preserved. Subsequently a dispute arose as to the reservation's boundaries, and after lengthy negotia...
Grand Rapids Sch. Dist. Vs. Ball
Court: US Supreme Court
Decided on: Jul-01-1985
Grand Rapids Sch. Dist. v. Ball - 473 U.S. 373 (1985) U.S. Supreme Court Grand Rapids Sch. Dist. v. Ball, 473 U.S. 373 (1985) School District of the City of Grand Rapids v. Ball No. 83-990 Argued December 5, 1984 Decided July 1, 1985 473 U.S. 373 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Petitioner School District adopted two programs -- Shared Time and Community Education -- that provide classes to nonpublic school students at public expense in classrooms located in and leased from the nonpublic schools. The Shared Time program offers classes during the regular schoolday that are intended to supplement the "core curriculum" courses required by the State. The Shared Time teachers are full-time employees of the public schools, but a "significant portion" of them had previously taught in nonpublic schools. The Community Education program offers classes at the conclusion of the regular schoolday in voluntary courses, some of which are not ...
Sedima, S.P.R.L. Vs. Imrex Co., Inc.
Court: US Supreme Court
Decided on: Jul-01-1985
Sedima, S.P.R.L. v. Imrex Co., Inc. - 473 U.S. 479 (1985) U.S. Supreme Court Sedima, S.P.R.L. v. Imrex Co., Inc., 473 U.S. 479 (1985) Sedima, S.P.R.L. v. Imrex Co., Inc. No. 84-648 Argued April 17, 1985 Decided July 1, 1985 473 U.S. 479 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-1968, which is directed at "racketeering activity" -- defined in 1961(1) to encompass, inter alia, acts "indictable" under specific federal criminal provisions, including mail and wire fraud -- provides in 1964(c) for a private civil action to recover treble damages by any person injured in his business or property "by reason of a violation of section 1962." Section 1962(c) prohibits conducting or participating in the conduct of an enterprise "through a pattern of racketeering activity." Petitioner corporation, which had entered into a joint business venture with respondent compan...
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