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2002
Supreme Court Docket Summary
By Thomas
Goldstein
2002
Monthly Sittings: Oct
| Nov | Dec | Jan
| Feb | Mar | Apr
| Summ Rev | Dismissed
October
2002 Case List As of June 26, 2002
Cases
decided after argument: 73
Summary reversals: 8
ll Summary affirmances: 5
ll Dismissed cases: 6
APRIL SITTING
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Price
v. Vincent (02-524) (1/13;
4/21; 5/19) (CA6; Rev.; Unan.)
Decision;
Docket;
Findlaw
A state supreme court decision rejecting defendants
double jeopardy claim after trial judge changed his mind and
allowed first degree murder charge to be submitted to the jury
was not an objectively unreasonable application of Supreme Court
precedent, and therefore the court of appeals should not have
granted defendants habeas petition.
Criminal; Non-Business; Constitutional
Opinion: [WHR] & Unan.
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Desert
Palace, Inc. v. Costa (02-679) (1/13; 4/21; 6/09)
(CA9; Aff.; Unan.)
Decision;
Docket;
Findlaw
A plaintiff alleged sex discrimination under Title
VII need not provide direct evidence of discrimination in order
to get a "mixed motive" jury instruction, which informs
the jury that it may find for the plaintiff if the defendant
had some lawful reasons for its actions, so long as sex was
a motivating factor as well.
Civil Rights; Business; Statutory
Opinion: [CT] & Unan.
Concurrence: [SOC]
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Green
Tree Fin. Corp. v. Bazzle (02-634) (1/13; 4/22) (S.C.;
Rev.; 5-4)
Decision;
Docket;
Findlaw
Whether an arbitration contract governed by the Federal
Arbitration Act permits class arbitration procedures is a question
for the arbitrator, and not the courts, to resolve.
General Civil; Business; Statutory
Plurality: [SGB] & AS, DS, RBG.
Concurrence: in the judgment and dissenting in part [JPS].
Dissents: [WHR] & SOC, AMK [This question is for courts
to decide]
[CT] (Federal Arbitration Act does not apply to cases in
state court.]
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Hillside
Dairy v. Lyons (01-950) (1/13; 4/22; 6/09) (CA9)
& Ponderosa Dairy v. Lyons (01-1018) (1/13;
4/22) (CA9; Rev.; 8-1)
Decision;
Docket;
Findlaw
Californias milk pricing and pooling regulations
are not exempted from Commerce Clause scrutiny by the Federal
Agriculture and Reform Act of 1996. On remand, the court should
consider the merits of petitioners claim that the regulations
discriminate against out-of-state parties in violation of the
Privileges and Immunities Clause.
General Civil; Non-Business; Statutory/Constitutional
Majority: [JPS] & Unan. [as to Parts I and III]; [JPS] &
WHR, SOC, AS, AMK, DS, RBG, SGB [as to Part II]
Dissent: concurring in parts I and III and dissenting as
to Part II [CT] [The negative Commerce Clause has no basis
in the text of the Constitution, makes little sense, and has
proved virtually unworkable in application.]
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American
Ins. Assn v. Garamendi (02-722) (1/13; 4/23;6/23)
(CA9; Rev.; 5-4)
Decision;
Docket;
Findlaw
Californias Holocaust Victims Insurance Relief
Act, which requires insurance companies doing business in California
to disclose the details of any insurance contracts they issued
in Europe between 1920 and 1945, interferes with the Presidents
conduct of foreign policy and is therefore preempted.
General Civil; Business; Constitutional
Majority: [DS] & WHR, SOC, AMK, SGB.
Dissent: [RBG] & JPS, AS, CT [The federal government has
not clearly stated that the nation must speak with "one
voice" on this issue, so Californias law cannot be
preempted.]
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Black
& Decker Disability Plan v. Nord (02-469) (1/13;
4/28; 5/27) (CA9; Rev.; Unan.)
Decision;
Docket;
Findlaw
ERISA does not require plan administrators to accord
special deference to the opinions of treating physicians when
making benefit determinations.
General Civil; Business; Statutory
Opinion: [RBG] & Unan.
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Entergy
La., Inc. v. Louisiana Public Serv. Comm. (02-299)
(1/17; 4/28; 6/02) (La.; Rev.; Unan.)
Decision;
Docket;
Findlaw
A tariff of the Federal Energy Regulatory Commission
that delegates discretion to a regulated entity to determine
the precise cost allocations among affiliated energy companies
preempts a state utility board order judging those costs imprudent.
General Civil, Business, Statutory
Opinion: [CT] & Unan.
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Georgia
v. Ashcroft (02-182) (1/17; 4/29;6/26)(D. D.C.; Rev.;
5-4)
Docket;
Findlaw
Private parties may intervene in a case brought under
Section 5 of the Voting Rights Act, provided they satisfy the
requirements of Federal Rule of Civil Procedure 24. The court
below failed to consider all of the relevant factors in assessing
the proposed plan.
General Civil; Non-Business; Statutory
[SOC] & WHR; AMK; AS; CT.
Concurrences: [AMK] [CT]
Dissent: [DS] & JPS; RBG; SGB.
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Fitzgerald
v. Racing Assoc. of Central Iowa (02-695) (1/17;
4/29; 6/09) (Iowa; Rev.; Unan.)
Decision;
Docket;
Findlaw
Iowas differential tax rate on slot machines
at racetracks and slot machines on riverboats does not violate
the Equal Protection Clause.
General Civil; Business; Constitutional
Opinion: [SGB] & Unan.
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Virginia
v. Hicks (02-371) (1/24; 4/30; 6/16)(Va.; Rev.; Unan.)
Decision;
Docket;
Findlaw
A Housing Authority policy that authorized police
to arrest non-residents for trespass after having been served
is not facially invalid under the First Amendments overbreadth
doctrine.
Criminal, Non-Business, Constitutional
Opinion: [AS] & Unan.
Concurrence: [DS] & SGB [The opinion does not address how
to go about
identifying the scope of the relevant law for purposes of
overbreadth
analysis.]
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Beneficial
Natl Bank v. Anderson (02-306) (1/24; 4/30;
6/02) (CA11; Rev.; 7-2)
Decision;
Docket;
Findlaw
A claim for usury against a national bank falls under
the National Bank Act, 12 U.S.C. §§ 85-86, and therefore
can be removed to federal court under 28 U.S.C. § 1441.
General Civil, Business, Statutory
Majority: [JPS] & WHR, SOC, AMK, DS, RBG, SGB
Dissent: [AS] & CT [It is up to Congress, not the federal
courts, "to decide when the risk of state-court error with
respect to a matter of federal law becomes so unbearable as
to justify divesting the state courts of authority to decide
the federal matter." ]
2002
Monthly Sittings: Oct
| Nov | Dec | Jan
| Feb | Mar | Apr
| Summ Rev | Dismissed
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