Us Supreme Court Court April 2007 Judgments
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United Haulers Assn., Inc. Vs. Oneida-herkimer Solid Waste Management ...
Court: US Supreme Court
Decided on: Apr-30-2007
United Haulers Assn., Inc. v. Oneida-Herkimer Solid Waste Management Authority - 05-1345 (2007) SYLLABUS OCTOBER TERM, 2006 UNITED HAULERS ASSN., INC. V. ONEIDA-HERKIMERSOLID WASTE MANAGEMENT AUTHORITY SUPREME COURT OF THE UNITED STATES UNITED HAULERS ASSOCIATION, INC., et al. v . ONEIDA-HERKIMER SOLID WASTE MANAGEMENT AUTHORITY et al. certiorari to the united states court of appeals for the second circuit No. 051345.Argued January 8, 2007Decided April 30, 2007 Traditionally, municipalities in respondent Counties disposed of their own solid wastes, often via landfills that operated without permits and in violation of state regulations. Facing an environmental crisis and an uneasy relationship with local waste management companies, the Counties requested and the State created respondent Authority. The Counties and the Authority agreed that the Authority would manage all solid waste in the Counties. Private haulers could pick up citizens trash, but the Authority would process,...
Microsoft Corp. Vs. Atandt; Corp.
Court: US Supreme Court
Decided on: Apr-30-2007
Microsoft Corp. v. AT&T; Corp. - 05-1056 (2007) SYLLABUS OCTOBER TERM, 2006 MICROSOFT CORP. V. AT&T; CORP. SUPREME COURT OF THE UNITED STATES MICROSOFT CORP. v . AT&T; CORP. certiorari to the united states court of appeals for the federal circuit No. 051056.Argued February 21, 2007Decided April 30, 2007 It is the general rule under United States patent law that no infringement occurs when a patented product is made and sold in another country. There is an exception. Section 271(f) of the Patent Act, adopted in 1984, provides that infringement does occur when one suppl[ies] from the United States, for combination abroad, a patented inventions components. 35 U. S. C. 271(f)(1). This case concerns the applicability of 271(f) to computer software first sent from the United States to a foreign manufacturer on a master disk, or by electronic transmission, then copied by the foreign recipient for installation on computers made and sold abroad. AT&T; holds a patent on a comp...
KSR Int'l Co. Vs. Teleflex Inc.
Court: US Supreme Court
Decided on: Apr-30-2007
KSR Int'l Co. v. Teleflex Inc. - 04-1350 (2007) SYLLABUS OCTOBER TERM, 2006 KSR INT'L CO. V. TELEFLEX INC. SUPREME COURT OF THE UNITED STATES KSR INTERNATIONAL CO. v . TELEFLEX INC. et al. certiorari to the united states court of appeals for the federal circuit No. 041350.Argued November 28, 2006Decided April 30, 2007 To control a conventional automobiles speed, the driver depresses or releases the gas pedal, which interacts with the throttle via a cable or other mechanical link. Because the pedals position in the footwell normally cannot be adjusted, a driver wishing to be closer or farther from it must either reposition himself in the seat or move the seat, both of which can be imperfect solutions for smaller drivers in cars with deep footwells. This prompted inventors to design and patent pedals that could be adjusted to change their locations. The Asano patent reveals a support structure whereby, when the pedal location is adjusted, one of the pedals pivot points stays f...
Scott Vs. Harris
Court: US Supreme Court
Decided on: Apr-30-2007
Scott v. Harris - 05-1631 (2007) SYLLABUS OCTOBER TERM, 2006 SCOTT V. HARRIS SUPREME COURT OF THE UNITED STATES SCOTT v . HARRIS certiorari to the united states court of appeals for the eleventh circuit No. 051631.Argued February 26, 2007Decided April 30, 2007 Deputy Timothy Scott, petitioner here, terminated a high-speed pursuit of respondents car by applying his push bumper to the rear of the vehicle, causing it to leave the road and crash. Respondent was rendered quadriplegic. He filed suit under 42 U. S. C. 1983 alleging, inter alia , the use of excessive force resulting in an unreasonable seizure under the Fourth Amendment. The District Court denied Scotts summary judgment motion, which was based on qualified immunity. The Eleventh Circuit affirmed on interlocutory appeal, concluding, inter alia, that Scotts actions could constitute deadly force under Tennessee v. Garner , 471 U. S. 1 ; that the use of such force in this context would violate respondents const...
Ec Term of Years Trust Vs. United States
Court: US Supreme Court
Decided on: Apr-30-2007
EC Term of Years Trust v. United States - 05-1541 (2007) SYLLABUS OCTOBER TERM, 2006 EC TERM OF YEARS TRUST V. UNITED STATES SUPREME COURT OF THE UNITED STATES EC TERM OF YEARS TRUST v . UNITED STATES certiorari to the united states court of appeals for the fifth circuit No. 051541.Argued February 26, 2007Decided April 30, 2007 Under 26 U. S. C. 7426(a)(1), if the Internal Revenue Service (IRS) levies upon a third partys property to collect taxes owed by another, the third party may bring a wrongful levy action against the United States, so long as such action is brought before the expiration of 9 months from the date of the levy, 6532(c)(1). In contrast, the limitations period for a tax refund action under 28 U. S. C. 1346(a)(1) begins with an administrative claim that may be filed within at least two years, and may be brought to court within another two years after an administrative denial. The IRS levied on a bank account in which petitioner (Trust) had deposited funds be...
James Vs. United States
Court: US Supreme Court
Decided on: Apr-18-2007
James v. United States - 05-9264 (2007) SYLLABUS OCTOBER TERM, 2006 JAMES V. UNITED STATES SUPREME COURT OF THE UNITED STATES JAMES v . UNITED STATES certiorari to the united states court of appeals for the eleventh circuit No. 059264.Argued November 7, 2006Decided April 18, 2007 Pleading guilty to possessing a firearm after a felony conviction in violation of 18 U. S. C. 922(g)(1), petitioner James admitted to the three prior felony convictions listed in his federal indictment, including a Florida state-law conviction for attempted burglary. The Government argued at sentencing that those convictions subjected James to the 15-year mandatory minimum prison term provided by the Armed Career Criminal Act (ACCA), 924(e), for an armed defendant who has three prior violent felony convictions. James objected that his attempted burglary conviction was not for a violent felony. The District Court held that it was, and the Eleventh Circuit affirmed. Held: Attempted burglary, as def...
Gonzales Vs. Carhart
Court: US Supreme Court
Decided on: Apr-18-2007
Gonzales v. Carhart - 05-380 (2007) SYLLABUS OCTOBER TERM, 2006 GONZALES V. CARHART SUPREME COURT OF THE UNITED STATES GONZALES, ATTORNEY GENERAL v . CARHART et al. certiorari to the united states court of appeals for the eighth circuit No. 05380.Argued November 8, 2006Decided April 18, 2007 Following this Courts Stenberg v. Carhart , 530 U. S. 914 , decision that Nebraskas partial birth abortion statute violated the Federal Constitution, as interpreted in Planned Parenthood of Southeastern Pa. v. Casey , 505 U. S. 833 , and Roe v. Wade , 410 U. S. 113 , Congress passed the Partial-Birth Abortion Ban Act of 2003 (Act) to proscribe a particular method of ending fetal life in the later stages of pregnancy. The Act does not regulate the most common abortion procedures used in the first trimester of pregnancy, when the vast majority of abortions take place. In the usual second-trimester procedure, dilation and evacuation (D&E;), the doctor dilates the cervix an...
Watters Vs. Wachovia Bank, N. A.
Court: US Supreme Court
Decided on: Apr-17-2007
Watters v. Wachovia Bank, N. A. - 05-1342 (2007) SYLLABUS OCTOBER TERM, 2006 WATTERS V. WACHOVIA BANK, N. A. SUPREME COURT OF THE UNITED STATES WATTERS, COMMISSIONER, MICHIGAN OFFICEOF INSURANCE AND FINANCIAL SERVICES v . WACHOVIA BANK, N. A., et al. certiorari to the united states court of appeals for the sixth circuit No. 051342.Argued November 29, 2006Decided April 17, 2007 National banks business activities are controlled by the National Bank Act (NBA), 12 U. S. C. 1 et seq ., and regulations promulgated thereunder by the Office of the Comptroller of the Currency (OCC), see 24, 93a, 371(a). OCC is charged with supervision of the NBA and, thus, oversees the banks operations and interactions with customers. See NationsBank of N. C., N. A. v. Variable Annuity Life Ins. Co. , 513 U. S. 251 , 254, 256. The NBA grants OCC, as part of its supervisory authority, visitorial powers to audit the banks books and records, largely to the exclusion of other state or federa...
Global Crossing Telecommunications, Inc. Vs. Metrophones Telecommunica ...
Court: US Supreme Court
Decided on: Apr-17-2007
Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc. - 05-705 (2007) SYLLABUS OCTOBER TERM, 2006 GLOBAL CROSSING TELECOMMUNICATIONS, INC. V.METROPHONES TELECOMMUNICATIONS, INC. SUPREME COURT OF THE UNITED STATES GLOBAL CROSSING TELECOMMUNICATIONS, INC. v . METROPHONES TELECOMMUNICATIONS, INC. certiorari to the united states court of appeals for the ninth circuit No. 05705.Argued October 10, 2006Decided April 17, 2007 Under authority of the Communications Act of 1934, the Federal Communications Commission (FCC) regulates interstate telephone communications using a traditional regulatory system similar to what other commissions have applied when regulating other common carriers. Indeed, Congress largely copied language from the earlier Interstate Commerce Act, which authorized federal railroad regulation, when it wrote Communications Act 201(b) and 207, the provisions at issue. Both Acts authorize their respective commissions to declare any carrier ...
Zuni Public School Dist. No. 89 Vs. Department of Education
Court: US Supreme Court
Decided on: Apr-17-2007
Zuni Public School Dist. No. 89 v. Department of Education - 05-1508 (2007) SYLLABUS OCTOBER TERM, 2006 ZUNI PUBLIC SCHOOL DIST. V. DEPARTMENT OFEDUCATION SUPREME COURT OF THE UNITED STATES ZUNI PUBLIC SCHOOL DISTRICT NO. 89 et al. v . DEPARTMENT OF EDUCATION et al. certiorari to the united states court of appeals for the tenth circuit No. 051508.Argued January 10, 2007Decided April 17, 2007 The Federal Impact Aid Program provides financial assistance to local school districts whose ability to finance public school education is adversely affected by a federal presence. The statute prohibits a State from offsetting this federal aid by reducing state aid to a local district. To avoid unreasonably interfering with a state program that seeks to equalize per-pupil expenditures, the statute contains an exception permitting a State to reduce its own local funding on account of the federal aid where the Secretary of Education finds that the state program equalizes expenditures among...
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