Archive for May, 2001

ATKINSON TRADING CO. v. SHIRLEY, JOE, ET AL.. Decided 05/29/2001

Monday, May 28th, 2001
The Navajo Nation's imposition of a hotel occupancy tax upon nonmembers on non-Indian fee land within its reservation is invalid.

BUCKHANNON BOARD & CARE HOME v. WV DEPT. HEALTH & HUMAN. Decided 05/29/2001

Monday, May 28th, 2001
The "catalyst theory," which posits that a plaintiff is a prevailing party if it achieves the desired result because the lawsuit brought about a voluntary change in the defendant's conduct, is not a permissible basis for the award of attorney's fees under the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act of 1990.

PGA TOUR, INC. v. MARTIN, CASEY. Decided 05/29/2001

Monday, May 28th, 2001
Title III of the Americans with Disabilities Act of 1990 prohibits petitioner from denying golfer Casey Martin equal access to its golf tours on the basis of a disability that prevents him from walking a golf course; allowing Martin to use a golf cart, despite petitioner's walking requirement, is not a modification that would "fundamentally alter the nature" of petitioner's tours.

NLRB v. KY RIVER COMMUN. CARE, INC.. Decided 05/29/2001

Monday, May 28th, 2001
The burden of proving supervisory status in a representation hearing and unfair-labor-practice proceeding falls on the employer, the party asserting supervisory status; the NLRB's categorical exclusion of professional judgments from the term "independent judgment" is inconsistent with the National Labor Relations Act.

BOOTH, TIMOTHY v. CHURNER, C. O., ET AL.. Decided 05/29/2001

Monday, May 28th, 2001
Under 42 U. S. C. §1997e(a), an inmate seeking only money damages must complete any prison administrative process capable of addressing the inmate's complaint and providing some form of relief, even if the process does not make specific provision for monetary relief.

BECKER, DALE G. v. MONTGOMERY, ATTY. GEN. OF OH. Decided 05/29/2001

Monday, May 28th, 2001
When a party files a timely notice of appeal in federal district court, the failure to sign the notice does not require the court of appeals to dismiss the appeal.

WHARF HOLDINGS LTD., ET AL. v. UNITED INT’L HOLDINGS, INC.. Decided 05/21/2001

Sunday, May 20th, 2001
A company that sells an option to buy stock while secretly intending never to honor the option violates §10(b) of the Securities Exchange Act of 1934, which prohibits using "any manipulative or deceptive device or contrivance" "in connection with the purchase or sale of any security."

UNITED STATES v. HATTER, JUDGE, ET AL.. Decided 05/21/2001

Sunday, May 20th, 2001
The judgment below is reversed insofar as the Federal Circuit found that the application of Medicare taxes to the salaries of federal judges taking office before 1983 violated the Compensation Clause, but affirmed insofar as that court found the application of Social Security taxes to the salaries of judges taking office before 1984 unconstitutional; a 1984 salary increase received by federal judges did not cure the latter violation.

COOPER INDUSTRIES, INC. v. LEATHERMAN TOOL GROUP, INC.. Decided 05/14/2001

Sunday, May 13th, 2001
Courts of Appeals should apply a de novo, not an abuse-of-discretion, standard when reviewing district court determinations of the constitutionality of punitive damages awards.

ROGERS, WILBERT K. v. TENNESSEE. Decided 05/14/2001

Sunday, May 13th, 2001
The Tennessee Supreme Court's retroactive application to petitioner of its decision abolishing the common law " year and a day rule" did not deny petitioner due process of law in violation of the Fourteenth Amendment.