Us Supreme Court Court November 1998 Judgments
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Department of Commerce Vs. United States House of Representatives
Court: US Supreme Court
Decided on: Nov-30-1998
Department of Commerce v. United States House of Representatives - 525 U.S. 316 (1998) OCTOBER TERM, 1998 Syllabus DEPARTMENT OF COMMERCE ET AL. v. UNITED STATES HOUSE OF REPRESENTATIVES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 98-404. Argued November 30, 1998-Decided January 25,1999* The Constitution's Census Clause authorizes Congress to direct an "actual Enumeration" of the American public every 10 years to provide a basis for apportioning congressional representation among the States. Pursuant to this authority, Congress has enacted the Census Act, 13 U. S. C. 1 et seq., delegating the authority to conduct the decennial census to the Secretary of Commerce (Secretary). The Census Bureau (Bureau), which is part of the Department of Commerce, announced a plan to use two forms of statistical sampling in the 2000 Decennial Census to address a chronic and apparently growing problem of "undercounting" of some identifiable groups, inc...
Humana Inc. Vs. Forsyth
Court: US Supreme Court
Decided on: Nov-30-1998
Humana Inc. v. Forsyth - 525 U.S. 299 (1998) OCTOBER TERM, 1998 Syllabus HUMANA INC. ET AL. v. FORSYTH ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 97-303. Argued November 30, 1998-Decided January 20,1999 Between 1985 and 1988, plaintiffs-respondents, beneficiaries of group health insurance policies issued by defendant-petitioner Humana Health Insurance of Nevada, Inc. (Humana Insurance), received medical care at a hospital owned by defendant-petitioner Humana Inc. Humana Insurance agreed to pay 80% of the beneficiaries' hospital charges over a designated deductible. The beneficiaries bore responsibility for payment of the remaining 20%. But pursuant to a concealed agreement, the complaint in this action alleged, the hospital gave Humana Insurance large discounts on the insurer's portion of the hospital's charges for care provided to the beneficiaries. As a result, Humana Insurance paid significantly less than 80% of the hospital's actual c...
Murdaugh Vs. Livingston
Court: US Supreme Court
Decided on: Nov-18-1998
Murdaugh v. Livingston - 525 U.S. 1301 (1998) OCTOBER TERM, 1998 Syllabus MURDAUGH, SOLICITOR, 14TH JUDICIAL CIRCUIT OF SOUTH CAROLINA, ET AL. v. LIVINGSTON ON APPLICATION TO VACATE STAY No. A-396. Decided November 18, 1998 The State's application to vacate an October 20, 1998, temporary restraining order enjoining it from proceeding with indictments against respondent is denied without prejudice. Under Federal Rule of Civil Procedure 65, such an order ordinarily cannot remain in effect for more than 10 days. Here, the Magistrate Judge has recommended dismissal, and the matter appears to be pending before the District Court. Should that court issue a preliminary injunction or further stay the proceedings, the State may renew its application. CHIEF JUSTICE REHNQUIST, Circuit Justice. The District Court in this case entered a temporary restraining order on October 20, 1998, against the State, enjoining it from proceeding further with the indictments against respondent. Pursuan...
Wright Vs. Universal Maritime Service Corp.
Court: US Supreme Court
Decided on: Nov-16-1998
Wright v. Universal Maritime Service Corp. - 525 U.S. 70 (1998) OCTOBER TERM, 1998 Syllabus WRIGHT v. UNIVERSAL MARITIME SERVICE CORP. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-889. Argued October 7, 1998-Decided November 16, 1998 Petitioner Wright, a longshoreman, was subject to a collective-bargaining agreement (CBA) and a Longshore Seniority Plan, both of which contained an arbitration clause. When respondents refused to employ him following his settlement of a claim for permanent disability benefits for job-related injuries, Wright filed this suit, alleging discrimination in violation of the Americans with Disabilities Act of 1990 (ADA). The District Court dismissed the case without prejudice because Wright had failed to pursue the arbitration procedure provided by the CBA. The Fourth Circuit affirmed. Held: The CBA's general arbitration clause does not require Wright to use the arbitration procedure for alleged violation of th...
Pfaff Vs. Wells Electronics, Inc.
Court: US Supreme Court
Decided on: Nov-10-1998
Pfaff v. Wells Electronics, Inc. - 525 U.S. 55 (1998) OCTOBER TERM, 1998 Syllabus PFAFF v. WELLS ELECTRONICS, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 97-1130. Argued October 6, 1998-Decided November 10, 1998 Under 102(b) of the Patent Act of 1952, no one can patent an "invention" that has been "on sale" more than one year before filing a patent application. In early 1981, petitioner Pfaff designed a new computer chip socket and sent detailed engineering drawings of the socket to a manufacturer. He also showed a sketch of his concept to representatives of Texas Instruments, which placed an order for the new sockets prior to April 8, 1981. In accord with his normal practice, Pfaff did not make and test a prototype before offering to sell the socket in commercial quantities. He filled the order in July 1981, and thus the evidence indicates that he first reduced his invention to practice that summer. He applied for a patent on April 19, 1...
Cedar Rapids Community School Dist. Vs. Garret F.
Court: US Supreme Court
Decided on: Nov-04-1998
Cedar Rapids Community School Dist. v. Garret F. - 526 U.S. 66 (1998) OCTOBER TERM, 1998 Syllabus CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT v. GARRET F., A MINOR, BY HIS MOTHER AND NEXT FRIEND, CHARLENE F. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 96-1793. Argued November 4, 1998-Decided March 3,1999 To help "assure that all children with disabilities have available to them ... a free appropriate public education which emphasizes special education and related services designed to meet their unique needs," 20 U. S. C. 1400(c), the Individuals with Disabilities Education Act (IDEA) authorizes federal financial assistance to States that agree to provide such children with special education and "related services," as defined in 1401(a)(17). Respondent Garret F., a student in petitioner school district (District), is wheelchair-bound and ventilator dependent; he therefore requires, in part, a responsible individual nearby to attend to certain physic...
Reno Vs. American-arab Anti-discrimination Comm.
Court: US Supreme Court
Decided on: Nov-04-1998
Reno v. American-Arab Anti-Discrimination Comm. - 525 U.S. 471 (1998) OCTOBER TERM, 1998 Syllabus RENO, ATTORNEY GENERAL, ET AL. v. AMERICANARAB ANTI-DISCRIMINATION COMMITTEE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 97-1252. Argued November 4, 1998-Decided February 24,1999 Respondent resident aliens filed this suit, claiming that petitioners, the Attorney General and other federal parties, targeted them for deportation because of their affiliation with a politically unpopular group, in violation of their First and Fifth Amendment rights. Mter the District Court preliminarily enjoined the proceedings against respondents, but while an appeal by the Attorney General was pending, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which, inter alia, repealed the old judicial-review scheme in the Immigration and Nationality Act, 8 U. S. C. n05a, and instituted a new provision, 8 U. S. C. 1252...
Knowles Vs. Iowa
Court: US Supreme Court
Decided on: Nov-03-1998
Knowles v. Iowa - 525 U.S. 113 (1998) OCTOBER TERM, 1998 Syllabus KNOWLES v. IOWA CERTIORARI TO THE SUPREME COURT OF IOWA No. 97-7597. Argued November 3, 1998-Decided December 8,1998 An Iowa policeman stopped petitioner Knowles for speeding and issued him a citation rather than arresting him. The officer then conducted a full search of the car, without either Knowles' consent or probable cause, found marijuana and a "pot pipe," and arrested Knowles. Before his trial on state drug charges, Knowles moved to suppress the evidence, arguing that because he had not been arrested, the search could not be sustained under the "search incident to arrest" exception recognized in United States v. Robinson, 414 U. S. 218 . The trial court denied the motion and found Knowles guilty, based on state law giving officers authority to conduct a full-blown search of an automobile and driver where they issue a citation instead of making a custodial arrest. In affirming, the State Supreme Cour...
Bank of America Nat. Trust and Sav. Assn. Vs. 203 North Lasalle Street ...
Court: US Supreme Court
Decided on: Nov-02-1998
Bank of America Nat. Trust and Sav. Assn. v. 203 North LaSalle Street Partnership - 526 U.S. 434 (1998) OCTOBER TERM, 1998 Syllabus BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION v. 203 NORTH LASALLE STREET PARTNERSHIP CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 97-1418. Argued November 2, 1998-Decided May 3,1999 A loan by petitioner Bank of America National Trust and Savings Association (Bank) to respondent 203 North LaSalle Street Partnership (Debtor) was secured by a mortgage on the Debtor's interest in a Chicago office building, the value of which was less than the balance due the Bank. Mter the Debtor defaulted and the Bank began state-court foreclosure, the Debtor filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code, 11 U. S. C. 1101 et seq. The Debtor proposed a reorganization plan under which, inter alia, certain of its former partners would contribute new capital in exchange for the Debtor's entire...
Hughes Aircraft Co. Vs. Jacobson
Court: US Supreme Court
Decided on: Nov-02-1998
Hughes Aircraft Co. v. Jacobson - 525 U.S. 432 (1998) OCTOBER TERM, 1998 Syllabus HUGHES AIRCRAFT CO. ET AL. v. JACOBSON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 97-1287. Argued November 2, 1998-Decided January 25,1999 Respondents, retired employees of petitioner Hughes Aircraft Company (Hughes) and beneficiaries of petitioner Hughes Non-Bargaining Retirement Plan (Plan), a defined benefit plan, claimed in their class action that Hughes violated the Employee Retirement Income Security Act of 1974 (ERISA) when it amended the Plan by providing for an early retirement program and creating an additional noncontributory benefit structure for new participants. According to the complaint, the Plan originally required mandatory contributions from all participating employees, in addition to Hughes' own contributions. Prior to amending the Plan, Hughes suspended its contributions because of a substantial Plan surplus, which still exists today. Th...
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