Us Supreme Court Court June 2003 Judgments
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Dow Chemical Co. Vs. Stephenson
Court: US Supreme Court
Decided on: Jun-09-2003
Dow Chemical Co. v. Stephenson - 539 U.S. 111 (2003) OCTOBER TERM, 2002 Syllabus DOW CHEMICAL CO. ET AL. v. STEPHENSON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No.02-271. Argued February 26, 2003-Decided June 9, 2003 273 F.3d 249 , vacated and remanded in part, and affirmed by an equally divided Court in part. Seth P. Waxman argued the cause for petitioners. With him on the briefs were Louis R. Cohen, Andrew L. Frey, Philip Allen Lacovara, Charles A. Rothfeld, Richard B. Katskee, Michele L. Odorizzi, Steven Brock, and John C. Sabetta. Gerson H. Smoger argued the cause for respondents. With him on the brief were Mark R. Cuker and Ronald Simon. * *Briefs of amici curiae urging reversal were filed for the American Insurance Association et al. by Herbert M. Wachtell, Jeffrey M. Wintner, Craig A. Berrington, Lynda S. Mounts, Jan S. Amundson, Quentin Riegel, and Robin S. Conrad; for the Product Liability Advisory Council by...
Nguyen Vs. United States
Court: US Supreme Court
Decided on: Jun-09-2003
Nguyen v. United States - 539 U.S. 69 (2003) OCTOBER TERM, 2002 Syllabus NGUYEN v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-10873. Argued March 24, 2003-Decided June 9, 2003* Petitioners were tried, convicted, and sentenced on federal narcotics charges in the District Court of Guam, a territorial court with subjectmatter jurisdiction over both federal-law and local-law causes. The Ninth Circuit panel convened to hear their appeals included two judges from that court, both of whom are life-tenured Article III judges, and the Chief Judge of the District Court for the Northern Mariana Islands, an Article IV territorial-court judge appointed by the President and confirmed by the Senate for a 10-year term. Neither petitioner objected to the panel's composition before the cases were submitted for decision, and neither sought rehearing to challenge the panel's authority to decide their appeals after it affirmed their convictions. How...
Prato Vs. Vallas
Court: US Supreme Court
Decided on: Jun-09-2003
Prato v. Vallas - 539 U.S. 1301 (2003) OCTOBER TERM, 2002 Syllabus PRATO v. VALLAS ET AL. ON APPLICATION FOR EXTENSION OF TIME No. 02AI042 (02-9753). Decided June 9, 2003 Petitioner's request for an extension of time to file a certiorari petition following this Court's May 19, 2003, order denying her leave to proceed in forma pauperis is denied because there are no grounds upon which this Court would grant certiorari. JUSTICE STEVENS, Circuit Justice. Petitioner filed a petition for a writ of certiorari and a motion for leave to proceed in forma pauperis in this Court on December 20, 2002. On May 19, 2003, over my unpublished dissent, the Court issued an order denying petitioner leave to proceed in forma pauperis and giving petitioner until June 9, 2003, to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. Petitioner now seeks an extension of time within which to comply with the May 19 order, e...
Hillside Dairy Inc. Vs. Lyons
Court: US Supreme Court
Decided on: Jun-09-2003
Hillside Dairy Inc. v. Lyons - 539 U.S. 59 (2003) OCTOBER TERM, 2002 Syllabus HILLSIDE DAIRY INC. ET AL. v. LYONS, SECRETARY, CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-950. Argued April 22, 2003-Decided June 9, 2003* In most of the country, but not California, the minimum price paid to dairy farmers producing raw milk is regulated pursuant to federal marketing orders, which guarantee a uniform price for the producers, but through pooling mechanisms require the processors of different classes of dairy products to pay different prices. California has adopted a similar, although more complex, program to regulate the minimum prices paid by California processors to California producers. Three state statutes create California's milk marketing structure: 1935 and 1967 Acts establish milk pricing and pooling plans, while a 1947 Act governs the composition of milk products sold in the State. Under...
Dastar Corp. Vs. Twentieth Century Fox Film Corp.
Court: US Supreme Court
Decided on: Jun-02-2003
Dastar Corp. v. Twentieth Century Fox Film Corp. - 539 U.S. 23 (2003) OCTOBER TERM, 2002 Syllabus DASTAR CORP. v. TWENTIETH CENTURY FOX FILM CORP. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 02-428. Argued April 2, 2003-Decided June 2, 2003 General Dwight D. Eisenhower's World War II book, Crusade in Europe, was published by Doubleday, which registered the work's copyright and granted exclusive television rights to an affiliate of respondent Twentieth Century Fox Film Corporation (Fox). Fox, in turn, arranged for Time, Inc., to produce a Crusade in Europe television series based on the book, and Time assigned its copyright in the series to Fox. The series was first broadcast in 1949. In 1975, Doubleday renewed the book's copyright, but Fox never renewed the copyright on the television series, which expired in 1977, leaving the series in the public domain. In 1988, Fox reacquired the television rights in the book, including the exclusive ri...
Beneficial Nat. Bank Vs. Anderson
Court: US Supreme Court
Decided on: Jun-02-2003
Beneficial Nat. Bank v. Anderson - 539 U.S. 1 (2003) CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 2002 Syllabus BENEFICIAL NATIONAL BANK ET AL. v. ANDERSON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 02-306. Argued April 30, 2003-Decided June 2, 2003 Respondents, who secured loans from petitioner national bank, filed a state-court suit against the bank and two other petitioners, seeking damages on the theory, among others, that the bank's interest rates violated "the common law usury doctrine" and an Alabama usury statute. The complaint did not refer to any federal law. Petitioners removed the case to Federal District Court, asserting that the National Bank Act governs the interest rate that a national bank may charge, see 12 U. S. C. 85, that the rates charged to respondents complied with 85, that 86 provides the exclusive remedies available against a national bank charging excessive interest, and th...
Citizens Bank Vs. Alafabco, Inc.
Court: US Supreme Court
Decided on: Jun-02-2003
Citizens Bank v. Alafabco, Inc. - 539 U.S. 52 (2003) OCTOBER TERM, 2002 Syllabus THE CITIZENS BANK v. ALAFABCO, INC., ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF ALABAMA No. 02-1295. Decided June 2, 2003 Respondents Alafabco, Inc., and its officers filed suit in Alabama Circuit Court, alleging that Alafabco had incurred massive debt because petitioner bank had unlawfully reneged on an agreement to provide capital sufficient to complete a specific building project. The bank moved to compel arbitration as provided in the parties' debt-restructuring agreements. The court ordered respondents to submit to arbitration, but the State Supreme Court reversed, finding that, because the agreements had no substantial effect on interstate commerce, there was an insufficient nexus with such commerce to establish Federal Arbitration Act (FAA) coverage of the parties' dispute. Held: There is sufficient nexus with interstate commerce to make the arbitration provision en...
Entergy LA., Inc. Vs. Louisiana Pub. Serv. Comm'n
Court: US Supreme Court
Decided on: Jun-02-2003
Entergy La., Inc. v. Louisiana Pub. Serv. Comm'n - 539 U.S. 39 (2003) OCTOBER TERM, 2002 Syllabus ENTERGY LOUISIANA, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION ET AL. CERTIORARI TO THE SUPREME COURT OF LOUISIANA No. 02-299. Argued April 28, 2003-Decided June 2, 2003 The Federal Energy Regulatory Commission (FERC), which regulates the sale of electricity at wholesale in interstate commerce, must ensure that wholesale rates are "just and reasonable," 16 U. S. C. 824d(a). Under the filed rate doctrine, FERC-approved cost allocations between affiliated energy companies may not be subjected to reevaluation in state ratemaking proceedings. Nantahala Power & Light Co. v. Thornburg, 476 U. S. 953 ; Mississippi Power & Light Co. v. Mississippi ex rel. Moore, 487 U. S. 354 (MP&L). Petitioner Entergy Louisiana, Inc. (ELI), one of five public utilities owned by Entergy Corporation (Entergy), shares capacity with its corporate siblings in other States, which allows each com...
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