Us Supreme Court Court May 2002 Judgments
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Festo Corp. Vs. Shoketsu Kinzoku Kogyo Kabushiki Co.
Court: US Supreme Court
Decided on: May-28-2002
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. - 535 U.S. 722 (2002) OCTOBER TERM, 2001 Syllabus FESTO CORP. v. SHOKETSU KINZOKU KOGYO KABUSHIKI CO., LTD., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 00-1543. Argued January 8, 2002-Decided May 28, 2002 Petitioner Festo Corporation owns two patents for an industrial device. When the patent examiner rejected the initial application for the first patent because of defects in description, 35 U. S. C. 112, the application was amended to add the new limitations that the device would contain a pair of one-way sealing rings and that its outer sleeve would be made of a magnetizable material. The second patent was also amended during a reexamination proceeding to add the sealing rings limitation. Mter Festo began selling its device, respondents (hereinafter SMC) entered the market with a similar device that uses one two-way sealing ring and a nonmagnetizable sleeve. Festo filed suit, clai...
Bell Vs. Cone
Court: US Supreme Court
Decided on: May-28-2002
Bell v. Cone - 535 U.S. 685 (2002) OCTOBER TERM, 2001 Syllabus BELL, WARDEN v. CONE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 01-400. Argued March 25, 2002-Decided May 28, 2002 Respondent was tried in a Tennessee court for the murder of an elderly couple, whose killings culminated a 2-day crime rampage in which respondent also committed robbery and shot a police officer and another citizen. At his trial, the prosecution adduced overwhelming evidence that respondent perpetrated the crimes and killed the couple in a brutal and callous fashion. His defense that he was not guilty by reason of insanity due to substance abuse and posttraumatic stress disorders related to his Vietnam military service was supported by expert testimony about his drug use and by his mother's testimony that he returned from Vietnam a changed person. The jury found him guilty on all charges. The next day, during opening statements at the sentencing hearing for the murders,...
Gisbrecht Vs. Barnhart
Court: US Supreme Court
Decided on: May-28-2002
Gisbrecht v. Barnhart - 535 U.S. 789 (2002) OCTOBER TERM, 2001 Syllabus GISBRECHT ET AL. v. BARNHART, COMMISSIONER OF SOCIAL SECURITY CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No.01-131. Argued March 20, 2002-Decided May 28, 2002 An attorney who successfully represents a Social Security benefits claimant in court may be awarded as part of the judgment "a reasonable fee ... not in excess of 25 percent of the ... past-due benefits" awarded to the claimant. 42 U. S. C. 406(b)(1)(A). The fee is payable "out of, and not in addition to, the amount of [the] past-due benefits." Ibid. In many cases, as in the instant case, the Equal Access to Justice Act (EAJA) effectively increases the portion of past-due benefits the successful Social Security claimant may pocket. Under EAJA, a party prevailing against the United States in court may be awarded fees payable by the United States if the Government's position in the litigation was not "substantially justif...
Federal Maritime Comm'n Vs. South Carolina Ports Authority
Court: US Supreme Court
Decided on: May-28-2002
Federal Maritime Comm'n v. South Carolina Ports Authority - 535 U.S. 743 (2002) OCTOBER TERM, 2001 Syllabus FEDERAL MARITIME COMMISSION v. SOUTH CAROLINA STATE PORTS AUTHORITY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-46. Argued February 25, 2002-Decided May 28, 2002 South Carolina Maritime Services, Inc. (Maritime Services), filed a complaint with petitioner Federal Maritime Commission (FMC), contending that respondent South Carolina State Ports Authority (SCSPA) violated the Shipping Act of 1984 when it denied Maritime Services permission to berth a cruise ship at the SCSPA's port facilities in Charleston, South Carolina; and praying that the FMC, inter alia, direct the SCSPA to pay reparations to Maritime Services, order the SCSPA to cease and desist from violating the Shipping Act, and ask the United States District Court for the District of South Carolina to enjoin the SCSPA from refusing berthing space and passenger services ...
United States Vs. Cotton
Court: US Supreme Court
Decided on: May-20-2002
United States v. Cotton - 535 U.S. 625 (2002) OCTOBER TERM, 2001 Syllabus UNITED STATES v. COTTON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-687. Argued April 15, 2002-Decided May 20, 2002 A federal grand jury returned an indictment charging respondents with conspiracy to distribute and to possess with intent to distribute a "detectable amount" of cocaine and cocaine base. Respondents were convicted and received a sentence based on the District Court's finding of drug quantity-at least 50 grams of cocaine base-that implicated the enhanced penalties of 21 U. S. C. 841(b). They did not object in the District Court to the fact that the sentences were based on a quantity not alleged in the indictment. While their appeal was pending, this Court decided, in Apprendi v. New Jersey, 530 U. S. 466 , 490, that "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maxi...
Alabama Vs. Shelton
Court: US Supreme Court
Decided on: May-20-2002
Alabama v. Shelton - 535 U.S. 654 (2002) OCTOBER TERM, 2001 Syllabus ALABAMA v. SHELTON CERTIORARI TO THE SUPREME COURT OF ALABAMA No. 00-1214. Argued February 19, 2002-Decided May 20, 2002 Defendant-respondent Shelton represented himself in an Alabama Circuit Court criminal trial. The court repeatedly warned Shelton about the problems self-representation entailed, but at no time offered him assistance of counsel at state expense. He was convicted of misdemeanor assault and sentenced to a 30-day jail term, which the trial court immediately suspended, placing Shelton on two years' unsupervised probation. The Alabama Supreme Court reversed Shelton's suspended jail sentence, reasoning that this Court's decisions in Argersinger v. Hamlin, 407 U. S. 25 , and Scott v. Illinois, 440 U. S. 367 , require provision of counsel in any petty offense, misdemeanor, or felony prosecution, Argersinger, 407 U. S., at 37, "that actually leads to imprisonment even for a brief period," ...
Verizon Md. Inc. Vs. Public Serv. Comm'n of Md.
Court: US Supreme Court
Decided on: May-20-2002
Verizon Md. Inc. v. Public Serv. Comm'n of Md. - 535 U.S. 635 (2002) OCTOBER TERM, 2001 Syllabus VERIZON MARYLAND INC. v. PUBLIC SERVICE COMMISSION OF MARYLAND ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No.00-1531. Argued December 5, 2001-Decided May 20, 2002* The Telecommunications Act of 1996 (Act) requires that incumbent localexchange carriers (LECs) "provide ... interconnection with" their existing networks when a new entrant seeks access to a market, 47 U. S. C. 251(c)(2); that the carriers then establish "reciprocal compensation arrangements" for transporting and terminating the calls of each others' customers, 251(b)(5); and that their interconnection agreements be submitted to a state utility commission for approval, 252(e)(1). Petitioner Verizon Maryland Inc., the incumbent LEC in Maryland, negotiated an interconnection agreement with a competitor later acquired by respondent MCI World Com, Inc. Mter the Maryland Public Service C...
Mathias Vs. Worldcom Technologies, Inc.
Court: US Supreme Court
Decided on: May-20-2002
Mathias v. WorldCom Technologies, Inc. - 535 U.S. 682 (2002) OCTOBER TERM, 2001 Syllabus MATHIAS ET AL. v. WORLDCOM TECHNOLOGIES, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 00-878. Argued December 5, 2001-Decided May 20, 2002 Because, after full briefing and oral argument, it is clear that petitioners were the prevailing parties below and seek review of uncongenial findings not essential to the judgment and not binding upon them in future litigation, certiorari is dismissed as improvidently granted. See New York Telephone Co. v. Maltbie, 291 U. S. 645 (per curiam). Certiorari dismissed. Reported below: 179 F.3d 566 . Joel D. Bertocchi, Solicitor General of Illinois, argued the cause for petitioners. With him on the briefs were James E. Ryan, Attorney General, A. Benjamin Goldgar and Michael P. Doyle, Assistant Attorneys General, Myra L. Karegianes, John P. Kelliher, and Thomas R. Stanton. Barbara McDowell argue...
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