Us Supreme Court Court January 2011 Judgments
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Chase Bank Usa, N. A. Vs. Mccoy
Court: US Supreme Court
Decided on: Jan-24-2011
Chase Bank USA, N. A. v. McCoy - 09-329 (2011) SYLLABUS OCTOBER TERM, 2010 CHASE BANK USA, N. A. V. MCCOY SUPREME COURT OF THE UNITED STATES CHASE BANK USA, N. A. v . McCOY, individually and on behalf of all others similarly situated certiorari to the united states court of appeals for the ninth circuit No. 09329.Argued December 8, 2010Decided January 24, 2011 Regulation Zpromulgated by the Federal Reserve Board (Board) pursuant to its authority under the Truth in Lending Actrequires credit card issuers to disclose certain information to cardholders. The version of the regulation in effect at the time this dispute arose obliges issuers to provide to cardholders an [i]nitial disclosure statement, 12 CFR 226.6, specifying each periodic rate that may be used to compute the finance charge, 226.6(a)(2). It also imposes [s]ubsequent disclosure requirements, 226.9, including notice to cardholders [w]henever any term required to be disclosed under 226.6 is changed, 226.9(c)(1). When...
Bruesewitz Vs. Wyeth Llc
Court: US Supreme Court
Decided on: Jan-24-2011
Bruesewitz v. Wyeth LLC - 09-152 (2011) SYLLABUS OCTOBER TERM, 2010 BRUESEWITZ V. WYETH LLC SUPREME COURT OF THE UNITED STATES BRUESEWITZ et al. v . WYETH LLC, fka WYETH, INC., et al. certiorari to the united states court of appeals for the third circuit No. 09152.Argued October 12, 2010Decided February 22, 2011 The National Childhood Vaccine Injury Act of 1986 (NCVIA or Act) created a no-fault compensation program to stabilize a vaccine market adversely affected by an increase in vaccine-related tort litigation and to facilitate compensation to claimants who found pursuing legitimate vaccine-inflicted injuries too costly and difficult. The Act provides that a party alleging a vaccine-related injury may file a petition for compensation in the Court of Federal Claims, naming the Health and Human Services Secretary as the respondent; that the court must resolve the case by a specified deadline; and that the claimant can then decide whether to accept the courts judgment or reje...
Swarthout Vs. Cooke
Court: US Supreme Court
Decided on: Jan-24-2011
Swarthout v. Cooke - 10-333 (2011) Swarthout v. Cooke - 10-333 (2011) PER CURIAM SWARTHOUT V. COOKE 562 U. S. ____ (2011) SUPREME COURT OF THE UNITED STATES GARY SWARTHOUT, WARDEN v. DAMON COOKE MATTHEW CATE, SECRETARY, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION v. ELIJAH CLAY on petition for writ of certiorari to the united states court of appeals for the ninth circuit No. 10333.Decided January 24, 2011 Per Curiam. I Californias parole statute provides that the Board of Prison Terms shall set a release date unless it determines that consideration of the public safety requires a more lengthy period of incarceration. Cal. Penal Code Ann. 3041(b) (West Supp. 2010). If the Board denies parole, the prisoner can seek judicial review in a state habeas petition. The California Supreme Court has explained that the standard of review properly is characterized as whether some evidence supports the conclusion that the inmate is unsuitable for parole because he...
Ortiz Vs. Jordan
Court: US Supreme Court
Decided on: Jan-24-2011
Ortiz v. Jordan - 09-737 (2011) SYLLABUS OCTOBER TERM, 2010 ORTIZ V. JORDAN SUPREME COURT OF THE UNITED STATES ORTIZ v . JORDAN et al. certiorari to the united states court of appeals for the sixth circuit No. 09737.Argued November 1, 2010Decided January 24, 2011 Petitioner Ortiz, a former inmate in an Ohio reformatory, brought a civil rights action under 42 U. S. C. 1983 seeking a judgment for damages against superintending prison officers. On two consecutive nights during her incarceration, Ortiz stated, she was sexually assaulted by a corrections officer. Although she promptly reported the first assault, she further alleged, respondent Jordan, a case manager in her living unit, did nothing to ward off the second sexual assault, despite Jordans awareness of the substantial risk of that occurrence. Ortiz further charged that respondent Bright, a prison investigator, retaliated against Ortiz for her accusations by placing her, shackled and handcuffed, in solitary confinement...
Premo Vs. Moore
Court: US Supreme Court
Decided on: Jan-19-2011
Premo v. Moore - 09-658 (2011) SYLLABUS OCTOBER TERM, 2010 PREMO V. MOORE SUPREME COURT OF THE UNITED STATES PREMO, SUPERINTENDENT, OREGON STATEPENITENTIARY v . MOORE certiorari to the united states court of appeals for the ninth circuit No. 09658.Argued October 12, 2010 Decided January 19, 2011 Respondent Moore and two accomplices attacked and bloodied Kenneth Rogers, tied him up, and threw him in the trunk of a car before driving into the Oregon countryside, where Moore fatally shot him. Afterwards, Moore and one accomplice told Moores brother and the accomplices girlfriend that they had intended to scare Rogers, but that Moore had accidentally shot him. Moore and the accomplice repeated this account to the police. On the advice of counsel, Moore agreed to plead no contest to felony murder in exchange for the minimum sentence for that offense. He later sought postconviction relief in state court, claiming that he had been denied effective assistance of counsel. He compla...
Harrington Vs. Richter
Court: US Supreme Court
Decided on: Jan-19-2011
Harrington v. Richter - 09-587 (2011) SYLLABUS OCTOBER TERM, 2010 HARRINGTON V. RICHTER SUPREME COURT OF THE UNITED STATES HARRINGTON, WARDEN v . RICHTER certiorari to the united states court of appeals for the ninth circuit No. 09587.Argued October 12, 2010 Decided January 19, 2011 In 1994, deputies called to drug dealer Johnsons California home found Johnson wounded and Klein fatally wounded. Johnson claimed that he was shot in his bedroom by respondent Richters codefendant, Branscombe; that he found Klein on the living room couch; and that his gun safe, a pistol, and cash were missing. His account was corroborated by evidence at the scene, including, relevant here, spent shell casings, blood spatters, and blood pooled in the bedroom doorway. Investigators took a blood sample from a wall near the bedroom door, but not from the blood pool. A search of Richters home turned up the safe and ammunition matching evidence at the scene. After his arrest on murder and other charg...
Thompson Vs. North American Stainless, Lp
Court: US Supreme Court
Decided on: Jan-19-2011
Thompson v. North American Stainless, LP - 09-291 (2011) SYLLABUS OCTOBER TERM, 2010 THOMPSON V. NORTH AMERICAN STAINLESS, LP SUPREME COURT OF THE UNITED STATES THOMPSON v . NORTH AMERICAN STAINLESS, LP certiorari to the united states court of appeals for the sixth circuit No. 09291.Argued December 7, 2010Decided January 24, 2011 After petitioner Thompsons fiance, Miriam Regalado, filed a sex discrimination charge with the Equal Employment Opportunity Commission (EEOC) against their employer, respondent North American Stainless (NAS), NAS fired Thompson. He filed his own charge and a subsequent suit under Title VII of the Civil Rights Act, claiming that NAS fired him to retaliate against Regalado for filing her charge. The District Court granted NAS summary judgment on the ground that third-party retaliation claims were not permitted by Title VII, which prohibits discrimination against an employee because he has made a [Title VII] charge, 42 U. S. C. 2000e3(a), and which per...
Ransom Vs. Fia Card Services, N. A.
Court: US Supreme Court
Decided on: Jan-11-2011
Ransom v. FIA Card Services, N. A. - 09-907 (2011) SYLLABUS OCTOBER TERM, 2010 RANSOM V. FIA CARD SERVICES, N. A. SUPREME COURT OF THE UNITED STATES RANSOM v . FIA CARD SERVICES, N. A., fka MBNA AMERICA BANK, N. A. certiorari to the united states court of appeals for the ninth circuit No. 09907.Argued October 4, 2010Decided January 11, 2011 Chapter 13 of the Bankruptcy Code uses a statutory formula known as the means test to help ensure that debtors who can pay creditors do pay them. The means test instructs a debtor to determine his disposable incomethe amount he has available to reimburse creditorsby deducting from his current monthly income amounts reasonably necessary to be expended for, inter alia, maintenance or support. 11 U. S. C. 1325(b)(2)(A)(i). For a debtor whose income is above the median for his State, the means test indentifies which expenses qualify as amounts reasonably necessary to be expended. As relevant here, the statute provides that [t]he de...
Madison County Vs. Oneida Indian Nation of N. Y.
Court: US Supreme Court
Decided on: Jan-10-2011
Madison County v. Oneida Indian Nation of N. Y. - 10-72 (2011) Madison County v. Oneida Indian Nation of N. Y. - 10-72 (2011) 562 U. S. ____ (2011) MADISON COUNTY V. ONEIDA INDIAN NATION OF N. Y. 562 U. S. ____ (2011) SUPREME COURT OF THE UNITED STATES MADISON COUNTY, NEW YORK et al. v. ONEIDA INDIAN NATION OF NEW YORK on writ of certiorari to the united states court of appeals for the second circuit No. 10-72. Decided January 10, 2011 Per Curiam. We granted certiorari, 562 U. S.___(2010), on the questions “whether tribal sovereign immunity from suit, to the extent it should continue to be recognized, bars taxing authorities from foreclosing to collect lawfully imposed property taxes” and “whether the ancient Oneida reservation in New York was disestablished or diminished.” Pet. for Cert. i . Counsel for respondent Oneida Indian Nation advised the Court through a letter on November 30, 2010, that...
Nasa Vs. Nelson
Court: US Supreme Court
Decided on: Jan-10-2011
NASA v. Nelson - 09-530 (2011) SYLLABUS OCTOBER TERM, 2010 NASA V. NELSON SUPREME COURT OF THE UNITED STATES NATIONAL AERONAUTICS AND SPACE ADMINISTRATION et al. v . NELSON et al. certiorari to the united states court of appeals for the ninth circuit No. 09530.Argued October 5, 2010Decided January 19, 2011 The National Aeronautics and Space Administration (NASA) has a workforce of both federal civil servants and Government contract employees. Respondents are contract employees at NASAs Jet Propulsion Laboratory (JPL), which is operated by the California Institute of Technology (Cal Tech). Respondents were not subject to Government background checks at the time they were hired, but that changed when the President ordered the adoption of uniform identification standards for both federal civil servants and contractor employees. The Department of Commerce mandated that contract employees with long-term access to federal facilities complete a standard background check, typically ...
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