The Oyez Project: 1995 Term Arguments

44 Liquormart Inc. v. Rhode Island (No. 94-1140) - Oral Argument

Wed, 01 Nov 1995 12:00:00 -0500

Rhode Island passed a statute banning the advertisement of retail liquor prices in places where liquor is not sold. Petitioners filed suit claiming that the statute violated their First Amendment right to freedom of speech. The District Court found the ban unconstitutional, noting that it did not serve any interest Rhode Island might have had in promoting temperance. The Court of Appeals reversed, holding that open competition for liquor pricing would be harmful insofar at it would increase consumption. The Supreme Court granted certiorari.

Auciello Iron Works Inc. v. National Labor Relations Board (No. 95-668) - Oral Argument

Mon, 22 Apr 1996 12:00:00 -0500

The day after Auciello Iron Works' contract offer was accepted by its union employees' collective-bargaining representative, Auciello disavowed the agreement because of a good-faith doubt, based on knowledge acquired before the offer's acceptance, that a majority of employees supported the Union. The National Labor Relations Board (NLRB) ruled that Auciello's withdrawal was an unfair labor practice in violation of the National Labor Relations Act and ordered that the agreement be reduced to a formal written instrument. The Court of Appeals enforced the order as reasonable after the NLRB issued a supplemental opinion to justify its refusal to consider Auciello's defense of good-faith doubt about the Union's majority status.

Bailey v. United States (No. 94-7448) - Oral Argument

Mon, 30 Oct 1995 12:00:00 -0500

Roland Bailey and Candisha Robinson were each convicted of violating 18 U.S.C. Section 924(c)(1), which, in relevant part, imposes a mandatory minimum sentence upon a person who "uses or carries a firearm" both "during and in relation to" a predicate offense. Bailey's Section 924(c)(1) conviction was based on a loaded pistol which the police found inside a bag in the locked trunk of a car he was driving after they arrested him for possession of illegal drugs. Robinson's Section 924(c)(1) conviction was based on an unloaded, holstered firearm which the police, executing a search warrant, found locked in a trunk in her bedroom closet, along with drugs and money from an earlier controlled buy. The D.C. Circuit, sitting en banc, upheld the Section 924(c)(1) convictions, interpreting "use" of a gun in violation of Section 924(c)(1) in accordance with an "accessibility and proximity" test.

Bank One Chicago, N. A. v. Midwest Bank & Trust Co. (No. 94-1175) - Oral Argument

Tue, 28 Nov 1995 12:00:00 -0500

The Expedited Funds Availability Act requires banks to make deposited funds available for withdrawal within specified time periods. The act provides for administrative enforcement and civil liability. After a BankOne Chicago customer deposited a check drawn on a Midwest Bank and Trust account, the check was forwarded, but returned unpaid because BankOne's endorsement stamp was illegible. Subsequently, when the check was resubmitted, the account did not have sufficient funds to cover the withdrawal. Bank One then sued Midwest Bank for failing to meet its obligations prescribed by the Board of Governors of the Federal Reserve System (Board) pursuant to the act. The District Court entered summary judgment for BankOne. The Court of Appeals, vacating the lower court's decision, ordered the action dismissed for lack of subject-matter jurisdiction. The appellate court held that the act authorizes original federal-court jurisdiction only when a "person other than [a] depository institution" sues a "depository institution," or when a depositor sues a bank.

Barnett Bank Of Marion County, N. A. v. Nelson, Florida Insurance Commissioner (No. 94-1837) - Oral Argument

Tue, 16 Jan 1996 12:00:00 -0500

No details yet.

Behrens v. Pelletier (No. 94-1244) - Oral Argument

Tue, 07 Nov 1995 12:00:00 -0500

After the Federal Home Loan Bank Board recommended that Robert Pelletier be replaced because of he was under investigation for potential misconduct relating to the collapse of another financial institution, he was fired as the provisional managing officer of Pioneer Savings and Loan Association. Pelletier then filed suit, seeking damages. John Behrens, the agent responsible for the Federal Home Loan Bank Board's recommendation, asserted a statute-of-limitations defense and claimed qualified immunity from suit on the ground that his actions were taken in a governmental capacity. The District Court rejected Behrens' defense of qualified immunity. On appeal, the Court of Appeals held that denial of qualified immunity is an immediately appealable "final" decision, that an official claiming qualified immunity is entitled to only one such pretrial appeal, and, ultimately, affirmed the District Court's rejection of Behrens' qualified immunity. On remand, the District Court denied Behrens' motion for summary judgment, which again claimed qualified immunity. On appeal from the latest denial, the Court of Appeals dismissed it for lack of jurisdiction.

Bennis v. Michigan (No. 94-8729) - Oral Argument

Wed, 29 Nov 1995 12:00:00 -0500

Bennis's husband was convicted of gross indecency following his sexual activity with a prostitute in the couple's jointly-owned car. The local county prosecutor filed a complaint alleging the car was a public nuisance subject to abatement (i.e., to eliminate or confiscate the car). The Circuit Court entered the abatement order, but the Appeals Court reversed. After granting leave to appeal, the Supreme Court of Michigan reversed the appellate court's decision and re-entered the abatement order. Bennis appealed to the Supreme Court.

BMW v. Gore (No. 94-896) - Oral Argument

Wed, 11 Oct 1995 12:00:00 -0500

After purchasing a new vehicle from an authorized Alabama BMW dealership, Ira Gore, Jr. discovered that his new vehicle had been repainted. He sued BMW's American distributor (BMW), alleging that it committed fraud by failing to inform him that his car had been repainted. The Alabama Circuit Court entered judgment, following a jury verdict, awarding Gore $4,000 in compensatory damages and $4 million in punitive damages. On appeal from the trial judge's denial of BMW's post-trial petition to set aside the punitive damages as 'grossly excessive,' the Alabama Supreme Court ruled that the punitive damages were not so excessive as to violate BMW's Fourteenth Amendment right to due process. Due to a jury calculation error, however, the Alabama Supreme Court reduced Gore's punitive damage award to $2 million. BMW appealed to the Supreme Court.

Board of County Commissioners v. Umbehr (No. 94-1654) - Oral Argument

Tue, 28 Nov 1995 12:00:00 -0500

Umbehr was an independent trash-hauling contractor for Wabaunsee County, Kansas. He frequently criticized the County's Board of Commissioners (the Board). When the Board voted to terminate his contract, supposedly because the Board grew tired of his constant criticisms, Umbehr filed suit against two of the Board's members. Umbehr alleged that his termination resulted from his criticisms of the Board and, therefore, infringed on his First Amendment right to freedom of speech. On appeal from the District Court's grant of summary judgment to the Board, the Tenth Circuit reversed and the Supreme Court granted Umbehr's petition for certiorari.

Brotherhood Of Locomotive Engineers v. Atchison, Topeka & Santa Fe Railroad Co. (No. 94-1592) - Oral Argument

Mon, 30 Oct 1995 12:00:00 -0500

No details yet.

Brown v. Pro Football Inc. (No. 95-388) - Oral Argument

Wed, 27 Mar 1996 12:00:00 -0500

After their collective-bargaining agreement expired, the National Football League (NFL) -- a group of football clubs -- and the NFL Players Association -- a labor union -- began to negotiate a new contract. The NFL presented a plan that would permit each club to establish a "developmental squad" of substitute players, each of whom would be paid the same $1,000 weekly salary. The union disagreed. When the negotiations reached an impasse, the NFL unilaterally implemented the plan. A number of squad players brought an antitrust suit, claiming that the employers' plan unfairly restrained trade. The District Court awarded damages to the players, but the Court of Appeals reversed that decision.

Bush v. Vera (No. 94-805) - Oral Argument

Tue, 05 Dec 1995 12:00:00 -0500

Following the 1990 census, Texas planned the creation of three additional congressional districts. Following the redistricting, registered voters challenged the plans as racial gerrymandering. A three-judge federal district court found the plans unconstitutional. The case moved to the Supreme Court on appeal.

Carlisle v. United States (No. 94-9247) - Oral Argument

Tue, 16 Jan 1996 12:00:00 -0500

At his trial on a federal marijuana charge, Charles Carlisle filed a motion for a judgment of acquittal under Federal Rule of Criminal Procedure 29(c) after the jury returned a guilty verdict. The District Court granted the motion even though it was filed one day outside the time limit prescribed by Rule 29(c), which provides that "[i]f the jury returns a verdict of guilty..., a motion for judgment of acquittal may be made or renewed within 7 days after the jury is discharged or within such further time as the court may fix during the 7-day period." In reversing and remanding for reinstatement of the verdict and for sentencing, the Court of Appeals held that under Rule 29(c) a district court has no jurisdiction to grant an untimely motion for judgment of acquittal, or to enter such a judgment after submission of the case to the jury.

Citizens Bank Of Maryland v. Strumpf (No. 94-1340) - Oral Argument

Tue, 03 Oct 1995 12:00:00 -0500

No details yet.

Colorado Rep Fed Campaign Comm v. FEC (No. 95-489) - Oral Argument

Mon, 15 Apr 1996 12:00:00 -0500

Before the Colorado Republican Party selected its 1986 senatorial candidate, its Federal Campaign Committee bought radio advertisements attacking the Democratic Party's likely candidate. The Federal Election Commission (FEC) brought suit charging that the Colorado Republican Federal Campaign Committee had violated the "Party Expenditure Provision" of the Federal Election Campaign Act of 1971 (FECA), which imposes dollar limits upon political party "expenditure[s] in connection with the general election campaign of a [congressional] candidate." The Colorado Party defended itself by claiming that the FECA expenditure limitations violated the First Amendment as applied to its advertisements, and filed a counterclaim seeking to raise a challenge to the Provision as a whole. The District Court held that the Provision did not cover the expenditure at issue. Therefore, the court entered summary judgment for the Colorado Party and it dismissed the counterclaim as moot. The Court of Appeals ruled that the Provision covered this expenditure and satisfied the Constitution. Subsequently, the court ordered judgment for the FEC.

Commissioner v. Lundy (No. 94-1785) - Oral Argument

Mon, 06 Nov 1995 12:00:00 -0500

During 1987, Robert F. Lundy and his wife had $10,131 in federal income taxes withheld from their wages. This amount was substantially more than what the Lundys owed in taxes that year, but they did not file their 1987 tax return when it was due, nor did they file a return or claim a refund of the overpaid taxes in the following 2 1/2 years. In 1990, the Commissioner of Internal Revenue mailed Lundy a notice of deficiency for 1987. Subsequently, the Lundys filed their joint 1987 tax return, which claimed a refund of their overpaid taxes. Lundy also filed a petition in the Tax Court seeking a redetermination of the claimed deficiency and a refund. The Commissioner contended that the Tax Court lacked jurisdiction to award Lundy a refund, arguing that if a taxpayer does not file a tax return before the IRS mails the taxpayer a notice of deficiency, the Tax Court can only award the taxpayer a refund of taxes paid within two years prior to the date the notice of deficiency was mailed. The Tax Court agreed, finding also that 2-year "look-back" period applies. In reversing, the Court of Appeals found that the applicable look-back period in these circumstances is three years and that the Tax Court had jurisdiction to award a refund.

Cooper v. Oklahoma (No. 95-5207) - Oral Argument

Wed, 17 Jan 1996 12:00:00 -0500

Byron Keith Cooper was charged with the murder of an 86-year-old man in the course of a burglary. After an Oklahoma jury found him guilty of first-degree murder and recommended punishment by death, the trial court imposed the death penalty. Cooper's competence was considered on five separate occasions, whether he had the ability to understand the charges against him and to assist defense counsel. Oklahoma law presumes that a criminal defendant is competent to stand trial unless he proves his incompetence by clear and convincing evidence. Despite Cooper's bizarre behavior and conflicting expert testimony, he was found competent on separate occasions before and during his trial. In affirming the conviction and sentence, the Oklahoma Court of Criminal Appeals rejected Cooper's argument that the State's presumption of competence, combined with its clear and convincing evidence standard, placed such an onerous burden on him as to violate due process under the Fourteenth Amendment.

Degen v. United States (No. 95-173) - Oral Argument

Mon, 22 Apr 1996 12:00:00 -0500

Brian Degen was indicted in 1989 for distributing marijuana, laundering money, and related crimes. On the same day the district court unsealed the indictment, it also unsealed a civil forfeiture complaint for properties allegedly worth $5.5 million and purchased with proceeds of Degen's drug sales or used to facilitate the sales. Degen is a citizen of both the U.S. and Switzerland, and in 1988 he and his family moved to Switzerland. He has not returned to the U.S. to face criminal charges and by treaty the Swiss are not obliged to extradite their nationals to the U.S. While residing in Switzerland, Degen filed an answer in the civil case, claiming that the forfeiture was barred by the statute of limitations and was an unlawful retroactive application of forfeiture laws. The district court did not consider his arguments. Instead, it entered summary judgment against him, holding that he was not entitled to be heard in the civil action because he remained outside the country, unamenable to criminal prosecution. On appeal, the government argued that the district court's inherent powers authorized it to strike Degen's claims under the "fugitive disentitlement doctrine."

Denver Area Consortium v. FCC (No. 95-124) - Oral Argument

Wed, 21 Feb 1996 12:00:00 -0500

Sections 10(a) and 10(c) of the 1992 Cable Television Consumer Protection and Competition Act (the Act) empower leased access channel cable operators to control programming that they believe is indecent and obscene. Section 10(b) of the Act requires public access channel cable operators to restrict "patently offensive" programming to a single channel, access to which must be restricted to those subscribers who submit written requests. Petitioners, television access programmers and cable television viewers, filed suit alleging that the Act's empowerments and restrictions violated their First Amendment right to freedom of speech. This case was consolidated with Alliance for Community Media v. FCC.

Doctor's Associates Inc. v. Casarotto (No. 95-559) - Oral Argument

Tue, 16 Apr 1996 12:00:00 -0500

Paul Casarotto, a Subway sandwich shop franchisee, sued franchisor Doctor's Associates, Inc. (DAI) and its agent, Nick Lombardi, in a Montana state court when a dispute arose between the parties with regard to a standard form franchise agreement for the operation of the shop. The court stayed the lawsuit pending arbitration pursuant to the arbitration clause set out in ordinary type on page nine of the franchise agreement. In reversing, the Montana Supreme Court held that the arbitration clause was unenforceable because it did not meet the state-law requirement, 27-5-114(4), that "[n]otice that a contract is subject to arbitration" be "typed in underlined capital letters on the first page of the contract." DAI and Lombardi unsuccessfully argued that the state-law requirement was preempted by the Federal Arbitration Act (FAA), which declares written provisions for arbitration "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." The Montana Supreme Court focused on the question of whether the application of 27-5-114(4)'s notice requirement would undermine the FAA's goals and policies. In the Montana court's judgment, the notice requirement did not undermine these goals and policies, for it did not preclude arbitration agreements altogether.

Exxon Co. USA v. Sofec (No. 95-129) - Oral Argument

Tue, 19 Mar 1996 12:00:00 -0500

An Exxon oil tanker, the Houston, broke free from a mooring facility under control of the respondents, Sofec, Inc. Exxon filed a complaint alleging negligence and breach of warranty in federal district court. Sofec, Inc. filed a successful motion to bifurcate the trial. The trial court considered whether the conduct of the ship's captain, Coyne, was the "superceding and sole proximate cause of the loss of the ship" after the ship had broken free of the moorings in order to determine if the tanker would have been lost despite Coyne's actions. The cause of the ship's release from the moorings became a secondary issue. The court found Coyne negligent, which was the primary cause of the Houston's grounding and subsequent loss. The Court of Appeals affirmed the decision. Exxon petitioned the U.S. Supreme Court for certiorari.

Felker v. Turpin (No. 95-8836) - Oral Argument

Mon, 03 Jun 1996 12:00:00 -0500

Ellis Felker filed a petition for writ of habeas corpus, appellate or certiorari review, and stay of execution after having his convictions for capital murder, rape, aggravated sodomy, and false imprisonment affirmed on appeal. Felker's habeas petition challenged the constitutionality of Title I of the Antiterrorism and Effective Death Penalty Act of 1996 (the "Act"). Title I of the Act requires that all motions for filing a second or successive habeas appeal from a district court be reviewed by an appellate panel whose decision shall not be appealable by writ of certiorari to the Supreme Court.

Field v. Mans (No. 94-967) - Oral Argument

Mon, 02 Oct 1995 12:00:00 -0500

No details yet.

Fulton Corporation v. Faulkner (No. 94-1239) - Oral Argument

Tue, 31 Oct 1995 12:00:00 -0500

After North Carolina levied an "intangibles tax" on a fraction of the value of corporate stock owned by state residents inversely proportional to the corporation's exposure to the State's income tax, the Fulton Corporation, a North Carolina company, filed a state-court action against the State Secretary of Revenue, seeking judgment that the tax violated the Federal Commerce Clause by discriminating against interstate commerce. The trial court ruled for the Secretary, but North Carolina's Court of Appeals reversed, holding that the taxable percentage deduction violated the Commerce Clause. In reversing, the North Carolina Supreme Court found that the State's scheme imposed a valid compensatory tax and that the intangibles tax imposed less of a burden on interstate commerce than the corporate income tax placed on intrastate commerce.

Gasperini v. Center for Humanities Inc. (No. 95-719) - Oral Argument

Tue, 16 Apr 1996 12:00:00 -0500

William Gasperini, a journalist and photographer, loaned 300 original slide transparencies to the Center for Humanities, Inc. When the Center lost the transparencies, Gasperini commenced suit in the District Court. The Center conceded liability. A jury awarded Gasperini $1,500 per transparency, the asserted "industry standard" of compensation for a lost transparency. The Center moved for a new trial contending that the verdict was excessive. The District Court denied the motion. The Court of Appeals observed that New York law governed the controversy in this diversity case. Under New York law appellate courts are empowered to review the size of jury verdicts and to order new trials when the jury's award "deviates materially from what would be reasonable compensation." Contrarily, under the Seventh Amendment, "the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law." Guided by New York Appellate Division decisions reviewing damage awards for lost transparencies, the court held that the $450,000 verdict "materially deviates from what is reasonable compensation." The court vacated the judgment entered on the jury verdict and ordered a new trial, unless Gasperini agreed to an award of $100,000.

Gray v. Netherland, Warden (No. 95-6510) - Oral Argument

Mon, 15 Apr 1996 12:00:00 -0500

Coleman Wayne Gray was tried for the murder of Richard McClelland in Virginia. The prosecution acknowledged that if the trial reached the capital penalty phase they would introduce Gray's admissions to other inmates that he had previously murdered 2 other people. Gray's attorney moved to exclude the evidence because Gray had not been officially charged with such crimes. Gray also claimed such evidence was a surprise tactic and that he could not pose the proper defense immediately. The Virginia trial court denied the motion to exclude. Subsequently, Gray was sentenced to death. After exhausting state remedies, Gray sough federal habeas corpus relief. He claimed that inadequate notice of evidence prevented him from a fair defense in the penalty phase of his capital trial in violation of his right to Due Process under the Fourteenth Amendment. The District Court initially denied the petition because it found Gray had no constitutional right to notice of individual testimony. Later, the District Court amended its ruling, holding that Gray was denied due process when the state failed to provide notice of what murder evidence would be presented. The Court of Appeals reversed the District Court. It found that to grant the habeas corpus relief would be to recognize a new federal constitutional law regarding notice-of-evidence claims.

Henderson v. United States (No. 95-232) - Oral Argument

Tue, 19 Mar 1996 12:00:00 -0500

Lloyd Henderson, a merchant mariner, was injured while working aboard a United States vessel. After exhausting administrative remedies, Henderson filed a seaman's personal injury action against the United States under the Suits in Admiralty Act. Henderson's complaint was filed close to, but within, the two-year limit set on complaints by the Act. Henderson then followed the Federal Rules of Civil Procedure on the service of the summons and complaint, or service of process, to the proper authorities. The United States argued that Henderson failed to serve the complaint "forthwith," or without delay. This deprived the court of jurisdiction because "forthwith" service is a prerequisite for the government's waiver of sovereign immunity under the Act. The government's argument prevailed and the federal District Court dismissed Henderson's suit. Henderson lost on appeal. The U.S. Supreme Court granted certiorari.

Hercules Inc. v. United States (No. 94-818) - Oral Argument

Mon, 30 Oct 1995 12:00:00 -0500

During the 1960s, the United States government contracted with several chemical manufacturers, including Hercules Incorporated and Wm. T. Thompson Company, to manufacture the herbicide known as Agent Orange. After health problems arose, Vietnam veterans and their families began filing lawsuits against the manufactures. The manufacturers incurred substantial costs defending, and then settling, the claims. The manufactures then filed suit under the Tucker Act to recover such costs from the Government on theories of contractual indemnification and warranty of specifications provided by the government. Ultimately, the Court of Appeals rejected the theory of implied warranty of specifications and the theory of implied promise to indemnify for liabilities incurred in performing the contracts. The appellate court also held that, by settling, the manufactures had voluntarily assumed liability for which the Government was not responsible.

Holly Farms Corp. v. National Labor Relations Board (No. 95-210) - Oral Argument

Wed, 21 Feb 1996 12:00:00 -0500

Holly Farms Corporation, a wholly owned subsidiary of Tyson Foods, Inc., is a vertically integrated poultry producer. In 1989, the Chauffeurs, Teamsters and Helpers, Local 391, filed a representation petition with the National Labor Relations Board, seeking an election in a proposed unit that included live-haul employees working out of Holly Farms' Wilkesboro processing plant. The unit included workers described as "live-haul" crews, or teams of chicken catchers, forklift operators, and truckdrivers, who collect for slaughter chickens raised as broilers by independent contract growers, and transport the birds to the processing plant. Classifying the live-haul workers as employees protected by the National Labor Relations Act, rather than agricultural laborers excluded from the Act's coverage, the Board approved the bargaining unit. On petition for review, the Court of Appeals enforced the Board's order, holding that the Board's classification rested on a reasonable interpretation of the Act and was consistent with the Board's prior decisions.

Jaffee v. Redmond (No. 95-266) - Oral Argument

Mon, 26 Feb 1996 12:00:00 -0500

Mary Lu Redmond, a former police officer, received extensive counseling from a licensed clinical social worker after she shot and killed Ricky Allen. Carrie Jaffee, special administrator for Allen, filed suit in federal District Court alleging that Redmond had violated Allen's constitutional rights by using excessive force in the encounter. During the trial, Jaffee sought access to the notes from Redmond's counseling. Redmond's counsel resisted asserting the conversations were protected against involuntary disclosure by a psychotherapist-patient privilege. The District Court judge rejected the argument, but the notes were not released. The judge instructed the jury that they could presume that the contents could have been unfavorable to Redmond. The jury awarded monetary damages. The Court of Appeals reversed the decision. It found that Federal Rule of Evidence 501 prompted the recognition of a psychotherapist-patient privilege.

Koon v. United States (No. 94-1664) - Oral Argument

Tue, 20 Feb 1996 12:00:00 -0500

Petitioners Stacey C. Koon and Laurence M. Powell, Los Angeles police officers, were acquitted on state charges of assault and excessive use of force in the beating of Rodney King during an arrest. They were convicted under 18 U. S. C. Section 242 of violating the victim's constitutional rights under color of law. Although the applicable U.S. Sentencing Guideline, 1992 USSG Section 2H1.4, indicated that they should be imprisoned for 70 to 87 months, the District Court granted them two downward departures from that range. The first was based on the victim's misconduct, which significantly contributed to provoking the offense. The second was based on a combination of four factors: (1) that the petitioners were unusually susceptible to abuse in prison; (2) that the petitioners would lose their jobs and be precluded from employment in law enforcement; (3) that the petitioners had been subject to successive state and federal prosecutions; and (4) that the petitioners posed a low risk of recidivism. The sentencing range after the departures was 30 to 37 months, and the court sentenced each petitioner to 30 months. The Court of Appeals reviewed the departure decisions utilizing a de novo standard and rejected all of them.

Lane v. Pena (No. 95-365) - Oral Argument

Mon, 15 Apr 1996 12:00:00 -0500

The Department of Transportation expelled Lane, a student, from the U.S. Merchant Marine Academy because he was diagnosed with diabetes. Lane sued the Department of Transportation alleging that his termination violated section 504 of the 1973 Rehabilitation Act, which barred "any program or activity under any executive agency" from discriminating on the basis of disability. The district court reinstated Lane, but refused to award damages because the federal government's sovereign immunity had not been waived by Congress. The appeals court affirmed the district court decision.

Lewis v. Casey (No. 94-1511) - Oral Argument

Wed, 29 Nov 1995 12:00:00 -0500

Fletcher Casey, Jr. and other inmates of various prisons operated by the Arizona Department of Corrections (ADOC), brought a class action against ADOC officials, alleging that the ADOC officials were furnishing them with inadequate legal research facilities and thereby depriving them of their right of access to the courts, in violation of Bounds v. Smith. Bounds held that "the fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law." The District Court found the ADOC officials in violation of Bounds and issued an injunction mandating detailed, systemwide changes in ADOC's prison law libraries and in its legal assistance programs. The Court of Appeals affirmed both the finding of a Bounds violation and the injunction's major terms.

Lewis v. United States (No. 95-6465) - Oral Argument

Tue, 23 Apr 1996 12:00:00 -0500

Ray Lewis, a mail handler for the United States Postal Service, was observed opening several pieces of mail and pocketing the contents. Subsequently, Lewis was charged with two counts of obstructing the mail, where each charge carries a maximum authorized prison sentence of six months. Lewis requested a jury trial. Denying his request, the Magistrate Judge ordered a bench trial, explaining that because she would not sentence him to more than six months' imprisonment, he was not entitled to a jury trial. The District Court affirmed. In affirming, the Court of Appeals noted that the Sixth Amendment jury trial right pertains only to those offenses for which the legislature has authorized a maximum penalty of over six months' imprisonment. The Court continued that, because each offense charged was petty in character, the fact that Lewis was facing more than six months' imprisonment in the aggregate did not entitle him to a jury trial. The court also reasoned that because the offense's characterization as petty or serious determined the right to a jury trial, a trial judge's self-imposed limitation on sentencing could not deprive a defendant of that right.

Libretti v. United States (No. 94-7427) - Oral Argument

Tue, 03 Oct 1995 12:00:00 -0500

No details yet.

Lockheed Corp. v. Spink (No. 95-809) - Oral Argument

Mon, 22 Apr 1996 12:00:00 -0500

Lockheed Corporation hired Paul L. Spink when he was sixty-one. He was excluded from participation in Lockheed's retirement program. Later changes in federal law required Lockheed to add Spink to the retirement program. Lockheed added Spink, but refused accrued benefits for the years he had worked at Lockheed before federal law changed. Lockheed also offered an increased pension benefit to employees who would retire early in exchange for their waiver of any employment claims against the corporation. Spink refused to be added without earning the extra benefits for the previous years he had worked. Spink filed suit alleging he should receive full benefits. The District Court dismissed the case for failure to state a claim. The Court of Appeals ruled in favor of Spink. It held the law applied retroactively which would cover Spink.

Lonchar v. Thomas (No. 95-5015) - Oral Argument

Mon, 04 Dec 1995 12:00:00 -0500

Larry Grant Lonchar was sentenced to death for murder nine years ago. After the affirmance of Lonchar's conviction and sentence, his sister and brother filed "next friend" state habeas corpus petitions. Lonchar opposed both. Lonchar then filed a state habeas corpus petition, which was dismissed. Shortly before Lonchar's scheduled execution, he filed another state habeas corpus petition. When the petition was denied, Lonchar filed an "eleventh hour" federal petition, his first, on the day of his scheduled execution. The District Court held that Lonchar's conduct in waiting almost nine years to file his federal petition did not constitute an independent basis for rejecting the petition and granted a stay to permit time for consideration of other grounds for dismissal raised by the State. The court had reasoned that federal Habeas Corpus Rule 9, not some generalized equitable authority to dismiss, governed the case. The Court of Appeals vacated the stay. Setting aside the Rules and traditional habeas doctrine, the court held that equitable doctrines independent of Rule 9 applied and it concluded that Lonchar did not merit equitable relief.

Lotus Development Corporation v. Borland International, Inc. (No. 94-2003) - Oral Argument

Mon, 08 Jan 1996 12:00:00 -0500

Lotus Development Corporation (Lotus) copyrighted a computer spreadsheet program called Lotus 1-2-3. The program's menu options were arranged in a specific menu command hierarchy. Lotus 1-2-3 also allowed users to write "macros," which designate a certain series of commands to be executed with a single keystroke. Competing software-company Borland International, Inc. (Borland) released a similar program called Quattro that contained a program called "Key Reader." Lotus claimed that Key Reader infringed on its copyright because it copied Lotus 1-2-3 macros and arranged them according to the Lotus 1-2-3 menu command hierarchy. Borland explained that it did this to allow users already familiar with Lotus 1-2-3 to also operate Quattro and argued that the Lotus menu command hierarchy did not constitute copyright-protected material.

After the District Court ruled in favor of Lotus, Borland appealed to the U.S. Court of Appeals for the First Circuit. The First Circuit reversed, holding that the command menu hierarchy was a "method of operation" - a category excluded from copyright protection under 17 U.S.C.102(b).

Louisiana v. Mississippi (No. 121 ORIG) - Oral Argument

Tue, 03 Oct 1995 12:00:00 -0500

No details yet.

Loving v. United States (No. 94-1966) - Oral Argument

Tue, 09 Jan 1996 12:00:00 -0500

A general court-martial found Dwight J. Loving, an Army private, guilty of both premeditated murder and felony murder under Article 118 of the Uniform Code of Military Justice. The court-martial sentenced Loving to death based on the aggravating factors that the premeditated murder was committed during a robbery and that he had committed a second murder. The commander who convened the court-martial approved the findings and sentence. In affirming, the U.S. Army Court of Military Review and the U.S. Court of Appeals for the Armed Forces rejected Loving's contention that the President lacked the authority to prescribe aggravating factors in capital murder cases that enabled the court-martial to sentence him to death. Loving claimed that the separation-of-powers principle prevented the President from promulgating the Executive Order.

Markman v. Westview Instruments, Inc. (No. 95-26) - Oral Argument

Mon, 08 Jan 1996 12:00:00 -0500

Herbert Markman owns the patent to a system that tracks clothing through the dry-cleaning process using a keyboard and data processor to generate transaction records, including a bar code readable by optical detectors. According to the patent's claim, the portion of the patent document that defines the patentee's rights, Markman's product can "maintain an inventory total" and "detect and localize spurious additions to inventory." Westview Instruments, Inc.'s product also uses a keyboard and processor and lists dry-cleaning charges on bar-coded tickets that can be read by optical detectors. In an infringement suit, after hearing an expert witness testify about the meaning of the claim's language, a jury found that Westview's product had infringed Markman's patent. However, the District Court directed a verdict for Westview on the ground that its device is unable to track "inventory" as that term is used in the claim. In affirming, the Court of Appeals held that the interpretation of claim terms is the exclusive province of the court and that the Seventh Amendment right to a jury trial is consistent with that conclusion.

Matsushita Electric Industrial Co., Ltd. v. Epstein (No. 94-1809) - Oral Argument

Mon, 27 Nov 1995 12:00:00 -0500

In 1990, Matsushita Electric Industrial Co. made a tender offer for the common stock of MCA, Inc., a Delaware corporation, which resulted in Matsushita's acquisition of MCA. Subsequently, two lawsuits followed. First, a class action filed in Delaware, alleged that, among other things, Matsushita and MCA conspired violating Delaware law. The second suit, filed in federal court, alleged that Matsushita's tender offer violated certain Securities and Exchange Commission Rules promulgated under the Securities Exchange Act of 1934, which confers exclusive jurisdiction upon the federal courts in such suits. After Matsushita won the federal case, and while it was on appeal, the parties to the state action reached a settlement. The class-action settlement stated that class members who did not opt out of the class would waive all claims in connection with the tender offer, including those asserted in the federal action. As members of both state and federal plaintiff classes, who neither opted out of the settlement class nor appeared to contest the settlement or the representation of the class, pursued the federal appeal, Matsushita argued that the Delaware judgment was a bar to further prosecution under the Full Faith and Credit Act.

Medtronic Inc. v. Lohr (No. 95-754) - Oral Argument

Tue, 23 Apr 1996 12:00:00 -0500

The Medical Device Amendments of 1976 (MDA) provides for "the safety and effectiveness of medical devices intended for human use," and classifies such devices based on their level of risk. Class III devices pose the greatest risk and, thus, are subject to a rigorous premarket approval (PMA) process. However, two statutory exceptions to this process exist. Because Medtronic, Inc.'s pacemaker is a Class III device found substantially equivalent to a pre-existing device, it can avoid the PMA process. In 1990, Lora Lohr's Medtronic pacemaker failed, allegedly according to a defect. Lohr and her spouse filed a Florida state-court suit, alleging both negligence and strict-liability claims. Medtronic removed the case to federal district court. The court then dismissed the case as pre-empted by 21 USC section 360k(a), which provides that "no State...may establish or continue in effect with respect to a device intended for human use any requirement (1) which is different from, or in addition to, any requirement applicable under [the MDA] to the device, and (2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under [the Act]." Reversing and affirming in part, the Court of Appeals concluded that the Lohrs' negligent design claims were not pre-empted, but that their negligent manufacturing and failure to warn claims were. (This case was decided together with 95-886, Lohr et vir v. Medtronic, Inc.)

Meghrig v. KFC Western, Inc. (No. 95-83) - Oral Argument

Wed, 10 Jan 1996 12:00:00 -0500

Three years after complying with a county order to clean up petroleum contamination discovered on its property, KFC Western, Inc. brought an action under the citizen suit provision -- Section 6972 -- of the Resource Conservation and Recovery Act of 1976 (RCRA) to recover its cleanup costs from the Meghrigs. KFC claimed that the contamination had previously posed an "imminent and substantial endangerment" to health or the environment and that the Meghrigs were responsible for "equitable restitution" under the Act because, as prior owners of the property, they had contributed to the contaminated site. The District Court dismissed the complaint, holding that 6972(a) does not permit recovery of past cleanup costs and that 6972 does not authorize a cause of action for the remediation of toxic waste that does not pose an "imminent and substantial endangerment" at the time suit is filed. In reversing, the Court of Appeals disagreed with the District Court on both issues.

Melendez v. United States (No. 95-5661) - Oral Argument

Tue, 27 Feb 1996 12:00:00 -0500

After purchasing cocaine, Juan Melendez was charged with violating federal drug laws. The law carried a minimum sentence of ten years imprisonment. Melendez signed a plea agreement stating he would be cooperative. In turn the government agreed to give him a short sentence. The District Court thus sentenced Melendez to ten years in prison, the mandatory minimum. The Court of Appeals affirmed.

Montana v. Egelhoff (No. 95-566) - Oral Argument

Wed, 20 Mar 1996 12:00:00 -0500

James Allen Egelhoff was tried in Montana courts for two counts of homicide. Egelhoff claimed that extreme intoxication rendered him physically incapable of committing or recalling the crimes. Montana law did not allow Egelhoff's intoxicated condition to be considered. Subsequently, Egelhoff was found guilty. The Supreme Court of Montana reversed the decision. It held Egelhoff had a due process right to present all relevant evidence. Moreover, it held that Montana law's denial of such a presentation relieved the state from part of its burden of proof needed to convict Egelhoff.

Morse v. Republican Party Of Virginia (No. 94-203) - Oral Argument

Mon, 02 Oct 1995 12:00:00 -0500

In 1994, the Republican Party of Virginia held a state convention to nominate the Republican candidate for United States Senator. A local political committee could certify any voter as a delegate to the convention by paying a registration fee of $35 or $45. Fortis Morse, Kenneth Curtis Bartholomew, and Kimberly J. Enderson, registered voters in Virginia willing to declare their intent to support the Party's nominee, were eligible to participate. Bartholomew and Enderson refused to pay the fee and did not become delegates. Morse paid the fee with funds advanced by supporters of the eventual nominee. Moore and others then filed a complaint seeking an injunction preventing the Party from imposing the fee, alleging that that the imposition of the fee violated sections 5 and 10 of the Voting Rights Act of 1965. Ultimately, the District Court dismissed the claims.

National Labor Relations Board v. Town & Country Electric, Inc. (No. 94-947) - Oral Argument

Tue, 10 Oct 1995 12:00:00 -0500

Town & County Electric, Inc., a non-union company, sought to fill several positions for a construction job in Minnesota. Town & Country received applications from union staff, but refused to interview any of the applicants except one, who was eventually hired and fired soon thereafter. These individuals applied with the intention to organize Town & Country and were to remain on Union payroll during their time of employment. The union, the International Brotherhood of Electrical Workers, filed a complaint with the National Labor Relations Board claiming that Town & Country had refused to interview and retain the workers because of their union affiliation, a violation of the National Labor Relations Act. The Board held that the 11 individuals met the definition of employees under the Act and rejected Town & Country's claims that the individuals had been refused for other reasons.

The U.S. Court of Appeals for the Eighth Circuit reversed on the ground that the term "employee" does not include those individuals who remain on Union payroll during their time of employment with another company.

Neal v. United States (No. 94-9088) - Oral Argument

Mon, 04 Dec 1995 12:00:00 -0500

A federal District Court sentenced Meirl Gilbert Neal on two plea-bargained convictions involving possession of LSD with intent to distribute. The amount of LSD was determined, under both the federal statute directing minimum sentences and the U. S. Sentencing Commission's Guidelines Manual, by the whole weight of the blotter paper, or carrier medium, containing the drug. The combined weight of the blotter paper and LSD actually sold by Neal was 109.51 grams. Thus, the court ruled that Neal was subject to 21 U.S.C. 841(b) (1)(A)(v), which imposes a 10-year mandatory minimum sentence on anyone convicted of trafficking in more than 10 grams of "a mixture or substance containing a detectable amount" of LSD. After the Commission revised the Guidelines' calculation method by instructing courts to give each dose of LSD on a carrier medium a constructive or presumed weight, Neal filed a motion to modify his sentence, contending that the weight of the LSD attributable to him under the amended Guidelines was only 4.58 grams, well short of 841(b)(1)(A)(v)'s 10-gram requirement, and that the Guidelines' presumptive-weight method controlled the mandatory minimum calculation. The District Court held that the actual weight of the blotter paper, with its absorbed LSD, was determinative of whether Neal crossed the 10-gram threshold and that the 10-year mandatory minimum sentence still applied to him notwithstanding the Guidelines. In affirming, an en banc Court of Appeals agreed with the District Court that a dual system now prevails in calculating LSD weights.