Us Supreme Court Court June 2009 Judgments
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Cuomo Vs. Clearing House Assn., L. L. C.
Court: US Supreme Court
Decided on: Jun-29-2009
Cuomo v. Clearing House Assn., L. L. C. - 08-453 (2009) SYLLABUS OCTOBER TERM, 2008 CUOMO V. CLEARING HOUSE ASSN., L. L. C. SUPREME COURT OF THE UNITED STATES CUOMO, ATTORNEY GENERAL OF NEW YORK v . CLEARING HOUSE ASSOCIATION, L. L. C., et al. certiorari to the united states court of appeals for the second circuit No. 08453.Argued April 28, 2009Decided June 29, 2009 To determine whether various national banks had violated New Yorks fair-lending laws, the States Attorney General, whose successor in office is the petitioner here, sent them letters in 2005 requesting in lieu of subpoena that they provide certain nonpublic information about their lending practices. Respondents, the federal Office of the Comptroller of the Currency (Comptroller or OCC) and a banking trade group, brought suit to enjoin the information request, claiming that the Comptrollers regulation promulgated under the National Bank Act (NBA) prohibits that form of state law enforcement against national banks....
Ricci Vs. Destefano
Court: US Supreme Court
Decided on: Jun-29-2009
Ricci v. DeStefano - 07-1428 (2009) SYLLABUS OCTOBER TERM, 2008 RICCI V. DESTEFANO SUPREME COURT OF THE UNITED STATES RICCI et al. v . DeSTEFANO et al. certiorari to the united states court of appeals for the second circuit No. 071428.Argued April 22, 2009Decided June 29, 2009 New Haven, Conn. (City), uses objective examinations to identify those firefighters best qualified for promotion. When the results of such an exam to fill vacant lieutenant and captain positions showed that white candidates had outperformed minority candidates, a rancorous public debate ensued. Confronted with arguments both for and against certifying the test resultsand threats of a lawsuit either waythe City threw out the results based on the statistical racial disparity. Petitioners, white and Hispanic firefighters who passed the exams but were denied a chance at promotions by the Citys refusal to certify the test results, sued the City and respondent officials, alleging that discarding the test res...
Safford Unified School Dist. #1 Vs. Redding
Court: US Supreme Court
Decided on: Jun-25-2009
Safford Unified School Dist. #1 v. Redding - 08-479 (2009) SYLLABUS OCTOBER TERM, 2008 SAFFORD UNIFIED SCHOOL DIST. #1 V. REDDING SUPREME COURT OF THE UNITED STATES SAFFORD UNIFIED SCHOOL DISTRICT #1 et al. v . REDDING certiorari to the united states court of appeals for the ninth circuit No. 08479.Argued April 21, 2009Decided June 25, 2009 After escorting 13-year-old Savana Redding from her middle school classroom to his office, Assistant Principal Wilson showed her a day planner containing knives and other contraband. She admitted owning the planner, but said that she had lent it to her friend Marissa and that the contraband was not hers. He then produced four prescription-strength, and one over-the-counter, pain relief pills, all of which are banned under school rules without advance permission. She denied knowledge of them, but Wilson said that he had a report that she was giving pills to fellow students. She denied it and agreed to let him search her belongings. He and ...
Atlantic Sounding Co. Vs. Townsend
Court: US Supreme Court
Decided on: Jun-25-2009
Atlantic Sounding Co. v. Townsend - 08-214 (2009) SYLLABUS OCTOBER TERM, 2008 ATLANTIC SOUNDING CO. V. TOWNSEND SUPREME COURT OF THE UNITED STATES ATLANTIC SOUNDING CO., INC., et al. v . TOWNSEND certiorari to the united states court of appeals for the eleventh circuit No. 08214.Argued March 2, 2009Decided June 25, 2009 Atlantic Sounding Co. allegedly refused to pay maintenance and cure to respondent Townsend for injuries he suffered while working on its tugboat, and then filed this declaratory relief action regarding its obligations. Townsend filed suit under the Jones Act and general maritime law, alleging, inter alia, arbitrary and willful failure to provide maintenance and cure. He filed similar counterclaims in the declaratory judgment action, seeking punitive damages for the maintenance and cure claim. The District Court denied petitioners motion to dismiss the punitive damages claim, but certified the question for interlocutory appeal. Following its precedent, the E...
Melendez-diaz Vs. Massachusetts
Court: US Supreme Court
Decided on: Jun-25-2009
Melendez-Diaz v. Massachusetts - 07-591 (2009) SYLLABUS OCTOBER TERM, 2008 MELENDEZ-DIAZ V. MASSACHUSETTS SUPREME COURT OF THE UNITED STATES MELENDEZ-DIAZ v . MASSACHUSETTS certiorari to the appeals court of massachusetts No. 07591.Argued November 10, 2008Decided June 25, 2009 At petitioners state-court drug trial, the prosecution introduced certificates of state laboratory analysts stating that material seized by police and connected to petitioner was cocaine of a certain quantity. As required by Massachusetts law, the certificates were sworn to before a notary public and were submitted as prima facie evidence of what they asserted. Petitioner objected, asserting that Crawford v. Washington , 541 U. S. 36 , required the analysts to testify in person. The trial court disagreed, the certificates were admitted, and petitioner was convicted. The Massachusetts Appeals Court affirmed, rejecting petitioners claim that the certificates admission violated the Sixth Amendment. H...
Horne Vs. Flores
Court: US Supreme Court
Decided on: Jun-25-2009
Horne v. Flores - 08-289 (2009) SYLLABUS OCTOBER TERM, 2008 HORNE V. FLORES SUPREME COURT OF THE UNITED STATES HORNE, SUPERINTENDENT, ARIZONA PUBLICINSTRUCTION v . FLORES et al. certiorari to the united states court of appeals for the ninth circuit No. 08289.Argued April 20, 2009Decided June 25, 2009 A group of English Language-Learner (ELL) students and their parents (plaintiffs) filed a class action, alleging that Arizona, its State Board of Education, and the Superintendent of Public Instruction (defendants) were providing inadequate ELL instruction in the Nogales Unified School District (Nogales), in violation of the Equal Educational Opportunities Act of 1974 (EEOA), which requires States to take appropriate action to overcome language barriers in schools, 20 U. S. C. 1703(f). In 2000, the Federal District Court entered a declaratory judgment, finding an EEOA violation in Nogales because the amount of funding the State allocated for the special needs of ELL students (EL...
Coeur Alaska, Inc. Vs. Southeast Alaska Conservation Council
Court: US Supreme Court
Decided on: Jun-22-2009
Coeur Alaska, Inc. v. Southeast Alaska Conservation Council - 07-984 (2009) SYLLABUS OCTOBER TERM, 2008 COEUR ALASKA, INC. V. SOUTHEAST ALASKACONSERVATION COUNCIL SUPREME COURT OF THE UNITED STATES COEUR ALASKA, INC. v . SOUTHEAST ALASKACONSERVATION COUNCIL et al. certiorari to the united states court of appeals for the ninth circuit No. 07984.Argued January 12, 2009Decided June 22, 2009 In reviving a closed Alaska gold mine using a froth flotation technique, petitioner Coeur Alaska, Inc., plans to dispose of the resulting waste material, a rock and water mixture called slurry, by pumping it into a nearby lake and then discharging purified lake water into a downstream creek. The Clean Water Act (CWA), inter alia, classifies crushed rock as a pollutant, 352(6); forbids its discharge [e]xcept as in compliance with the Act, 301(a); empowers the Army Corps of Engineers (Corps) to issue permits for the discharge of fill material, 404(a); and authorizes the Environmental Prote...
Northwest AustIn Municipal Util. Dist. No. One Vs. Holder
Court: US Supreme Court
Decided on: Jun-22-2009
Northwest Austin Municipal Util. Dist. No. One v. Holder - 08-322 (2009) SYLLABUS OCTOBER TERM, 2008 NORTHWEST AUSTIN MUNICIPAL UTIL. DIST.NO. ONE V. HOLDER SUPREME COURT OF THE UNITED STATES NORTHWEST AUSTIN MUNICIPAL UTILITYDISTRICT NUMBER ONE v . HOLDER,ATTORNEY GENERAL, et al. appeal from the united states district court for the district of columbia No. 08322.Argued April 29, 2009Decided June 22, 2009 The appellant is a small utility district with an elected board. Because it is located in Texas, it is required by 5 of the Voting Rights Act of 1965 (Act) to seek federal preclearance before it can change anything about its elections, even though there is no evidence it has ever discriminated on the basis of race in those elections. The district filed suit seeking relief under the bailout provision in 4(a) of the Act, which allows a political subdivision to be released from the preclearance requirements if certain conditions are met. The district argued in the alternative ...
Forest Grove School Dist. Vs. T. A.
Court: US Supreme Court
Decided on: Jun-22-2009
Forest Grove School Dist. v. T. A. - 08-305 (2009) SYLLABUS OCTOBER TERM, 2008 FOREST GROVE SCHOOL DIST. V. T. A. SUPREME COURT OF THE UNITED STATES FOREST GROVE SCHOOL DISTRICT v . T. A. certiorari to the united states court of appeals for the ninth circuit No. 08305.Argued April 28, 2009Decided June 22, 2009 After a private specialist diagnosed respondent with learning disabilities, his parents unilaterally removed him from petitioner public school district (School District), enrolled him in a private academy, and requested an administrative hearing on his eligibility for special-education services under the Individuals with Disabilities Education Act (IDEA), 20 U. S. C. 1400 et seq. The School District found respondent ineligible for such services and declined to offer him an individualized education program (IEP). Concluding that the School District had failed to provide respondent a free appropriate public education as required by IDEA, 1412(a)(1)(A), and that respond...
Travelers Indemnity Co. Vs. Bailey
Court: US Supreme Court
Decided on: Jun-18-2009
Travelers Indemnity Co. v. Bailey - 08-295 (2009) SYLLABUS OCTOBER TERM, 2008 TRAVELERS INDEMNITY CO. V. BAILEY SUPREME COURT OF THE UNITED STATES TRAVELERS INDEMNITY CO. et al. v . BAILEY et al. certiorari to the united states court of appeals for the second circuit No. 08295.Argued March 30, 2009Decided June 18, 2009 As part of the 1986 reorganization plan of the Johns-Manville Corporation (Manville), an asbestos supplier and manufacturer of asbestos-containing products, the Bankruptcy Court approved a settlement providing that Manvilles insurers, including The Travelers Indemnity Company and related companies (Travelers), would contribute to the corpus of the Manville Personal Injury Settlement Trust (Trust), and releasing those insurers from any Policy Claims, which were channeled to the Trust. Policy Claims include, as relevant here, claims and allegations against the insurers based upon, arising out of or relating to the Manville insurance policies. The settlement agre...
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