Us Supreme Court Court December 1987 Judgments
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Nlrb Vs. Food and Commercial Workers
Court: US Supreme Court
Decided on: Dec-14-1987
NLRB v. Food & Commercial Workers - 484 U.S. 112 (1987) U.S. Supreme Court NLRB v. Food & Commercial Workers, 484 U.S. 112 (1987) National Labor Relations Board v. United Food & Commercial Workers Union, Local 23, AFL-CIO No. 86-594 Argued October 5, 1987 Decided December 14, 1987 484 U.S. 112 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus National Labor Relations Board regulations implementing the unfair labor practice provisions of the National Labor Relations Act (NLRA or Act) provide that, after one of the Board's regional directors has filed a complaint, but before a hearing is held thereon, the director may enter into either a formal or an informal settlement. The regulations allow a nonconsenting party to appeal a formal settlement to the Board's General Counsel, and then to the Board itself, and the Board's order is subject to review in the federal courts of appeals under 10(f) of the Act as "a final order of the Board." However, i...
Hartigan Vs. Zbaraz
Court: US Supreme Court
Decided on: Dec-14-1987
HARTIGAN v. ZBARAZ - 484 U.S. 171 (1987) U.S. Supreme Court HARTIGAN v. ZBARAZ, 484 U.S. 171 (1987) 484 U.S. 171 HARTIGAN, ATTORNEY GENERAL OF THE STATE OF ILLINOIS, ET AL. v. ZBARAZ ET AL. APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 85-673. Argued November 3, 1987 Decided December 14, 1987 763 F.2d 1532 , affirmed by an equally divided Court. Michael J. Hayes, First Assistant Attorney General of Illinois, argued the cause for appellants. With him on the briefs for appellant Hartigan were Neil F. Hartigan, Attorney General, pro se, Roma Jones Stewart, former Solicitor General, Shawn W. Denney, Solicitor General, and Rita M. Novak, Assistant Attorney General. Colleen K. Connell argued the cause for appellees. With her on the briefs were Marc O. Beem and Harvey Grossman. * [ Footnote * ] Briefs of amici curiae urging reversal were filed for the State of Nevada by Brian McKay, Attorney General, and Ellen F. Whittemore, Deputy Attorney Genera...
Mullins Coal Vs. Director, Owc
Court: US Supreme Court
Decided on: Dec-14-1987
Mullins Coal v. Director, OWC - 484 U.S. 135 (1987) U.S. Supreme Court Mullins Coal v. Director, OWC, 484 U.S. 135 (1987) Mullins Coal Co., Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor No. 86-327 Argued October 14, 1987 Decided December 14, 1987 484 U.S. 135 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Section 203(a) of the Secretary of Labor's "interim regulations" governing black lung benefits claims filed between July 1, 1973, and April 1, 1980, provides that a claimant who engaged in coal mine employment for at least 10 years is entitled to an "interim presumption" of eligibility for disability benefits if he meets one of four medical requirements: (1) a chest X-ray "establishes" the presence of pneumoconiosis; (2) ventilatory studies establish the presence of any respiratory or pulmonary disease of a specified severity; (3) blood gas studies demonstrate an impairment in the transfer ...
Vermont Vs. Cox
Court: US Supreme Court
Decided on: Dec-14-1987
VERMONT v. COX - 484 U.S. 173 (1987) U.S. Supreme Court VERMONT v. COX, 484 U.S. 173 (1987) 484 U.S. 173 VERMONT v. COX CERTIORARI TO THE SUPREME COURT OF VERMONT No. 86-1108. Argued November 3, 1987 Decided December 14, 1987 Certiorari dismissed. Reported below: 147 Vt. 421, 519 A. 2d 1144. Susan R. Harritt, Assistant Attorney General of Vermont, argued the cause for petitioner. With her on the briefs were Jeffrey L. Amestoy, Attorney General, and Joanna A. Mauer, Assistant Attorney General. Paul J. Larkin, Jr., argued the cause for the United States as amicus curiae in support of petitioner. On the brief were Solicitor General Fried, Assistant Attorney General Weld, Deputy Solicitor General Bryson, Harriet S. Shapiro, and Kathleen A. Felton. Henry Hinton, by invitation of the Court, 481 U.S. 1012, argued the cause as amicus curiae in support of the judgment below. With him on the brief was William A. Nelson. PER CURIAM. The writ of certiorari is dismissed as improvide...
Omni Capital Vs. Rudolf Wolff and Co.
Court: US Supreme Court
Decided on: Dec-08-1987
Omni Capital v. Rudolf Wolff & Co. - 484 U.S. 97 (1987) U.S. Supreme Court Omni Capital v. Rudolf Wolff & Co., 484 U.S. 97 (1987) Omni Capital International, Ltd. v. Rudolf Wolff & Co., Ltd. No. 86-740 Argued October 6, 1987 Decided December 8, 1987 484 U.S. 97 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Omni Capital International, Ltd., and Omni Capital Corporation (hereafter petitioners), New York corporations, marketed an investment program involving commodity futures trades on the London Metals Exchange. Certain investors filed suits (later consolidated) against petitioners in the Federal District Court for the Eastern District of Louisiana, charging that petitioners fraudulently induced them to participate in petitioners' program, in violation of various federal securities laws. Petitioners impleaded respondent Rudolf Wolff & Co., a British corporation with offices in London that was employed by petitioners to handle trades on the Lo...
United Paperworkers Vs. Misco, Inc.
Court: US Supreme Court
Decided on: Dec-01-1987
United Paperworkers v. Misco, Inc. - 484 U.S. 29 (1987) U.S. Supreme Court United Paperworkers v. Misco, Inc., 484 U.S. 29 (1987) United Paperworkers Int'l Union, AFL-CIO v. Misco, Inc. No. 86-651 Argued October 13, 1987 Decided December 1, 1987 484 U.S. 29 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Respondent employer's collective bargaining agreement with petitioner union authorizes the submission to binding arbitration of any grievance that arises from the interpretation or application of the agreement's terms, and reserves to management the right to establish, amend, and enforce rules regulating employee discharge and discipline and setting forth disciplinary procedures. One of respondent's rules listed as causes for discharge the possession or use of controlled substances on company property. Isiah Cooper, an employee covered by the agreement who operated a hazardous machine, was apprehended by police in the backseat of someone else...
Langley Vs. Fdic
Court: US Supreme Court
Decided on: Dec-01-1987
Langley v. FDIC - 484 U.S. 86 (1987) U.S. Supreme Court Langley v. FDIC, 484 U.S. 86 (1987) Langley v. Federal Deposit Insurance Corporation No. 86-489 Argued October 14, 1987 Decided December 1, 1987 487 U.S. 86 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus To finance the purchase of land in Louisiana, petitioners borrowed money from a bank insured by the Federal Deposit Insurance Corporation (FDIC) and, in consideration for the loan, executed a note, a collateral mortgage, and personal guarantees. When petitioners failed to pay an installment due on a renewal of the note, the bank filed suit for principal and interest in a Louisiana court, which suit was removed on diversity grounds to Federal District Court. Petitioners alleged, as a defense against the bank's claim, that the land purchase and their note had been procured by the bank's misrepresentations overstating the amount of land and mineral acres in the tract, and falsely stating t...
Karcher Vs. May
Court: US Supreme Court
Decided on: Dec-01-1987
Karcher v. May - 484 U.S. 72 (1987) U.S. Supreme Court Karcher v. May, 484 U.S. 72 (1987) Karcher v. May No. 85-1551 Argued October 6, 1987 Decided December 1, 1987 484 U.S. 72 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Within a month after the effective date of a New Jersey statute requiring primary and secondary public school educators to permit students to observe a minute of silence before the start of each schoolday "for quiet and private contemplation or introspection," appellees -- a teacher, several students, and parents -- filed suit in Federal District Court under 42 U.S.C. 1983, claiming that the statute violated the Establishment Clause of the First Amendment. When it became apparent that neither the State's Attorney General nor the named defendants -- the State Department of Education, its Commissioner, and two local boards of education -- would defend the statute, the then-presiding Speaker of the New Jersey General Assembly...
Gwaltney Vs. Chesapeake Bay Found.
Court: US Supreme Court
Decided on: Dec-01-1987
Gwaltney v. Chesapeake Bay Found. - 484 U.S. 49 (1987) U.S. Supreme Court Gwaltney v. Chesapeake Bay Found., 484 U.S. 49 (1987) Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc. No. 86-473 Argued October 5, 1987 Decided December 1, 1987 484 U.S. 49 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Section 505(a) of the Clean Water Act authorizes private citizens to commence a civil action for injunctive relief and/or the imposition of civil penalties in federal district court against any person "alleged to be in violation" of the conditions of a National Pollutant Discharge Elimination System (NPDES) permit. Between 1981 and 1984, petitioner repeatedly violated the conditions of its NPDES permit by exceeding authorized effluent limitations. However, due to the installation of new equipment, petitioner's last reported violation occurred in May, 1984. Nevertheless, in June, 1984, having given notice of their intent to sue to petiti...
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