Archive for
June, 2002
Wednesday, June 19th, 2002
Respondent did not state an actionable claim when she alleged that she was denied access to courts by Government officials, who intentionally deceived her in concealing information that her husband had been tortured and killed by the Guatemalan army.
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Wednesday, June 19th, 2002
The Employee Retirement Income Security Act of 1974 does not preempt §4-10 of the Illinois Health Maintenance Organization Act-which provides recipients of health coverage by an HMO with a right to independent medical review of certain benefit denials-as applied to health benefits provided by an HMO under contract with an employee welfare benefit plan.
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Wednesday, June 19th, 2002
49 U. S. C. §14501(c)(2)(A)-which excepts "the safety regulatory authority of a State with respect to motor vehicles" from §14501(c)(1)'s general rule preempting prescriptions by "a State [or] political subdivision of a State . . . related to a price, route, or service of any motor carrier . . . with respect to the transportation of property"-does not bar a State from delegating to municipalities and other local units the State's authority to establish safety regulations governing motor carriers of property, including tow trucks.
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Wednesday, June 19th, 2002
The Census Bureau's use of "hot-deck imputation" to fill in gaps in census information and resolve conflicts in the data does not violate 13 U. S. C. §195, which forbids use of "the statistical method known as 'sampling' " in determining population for purposes of apportioning congressional Representatives, and is not inconsistent with the Constitution's Census Clause, which requires an "actual Enumeration" of each State's population.
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Sunday, June 16th, 2002
A village ordinance making it a misdemeanor to engage in door-to-door advocacy without first registering with the mayor and receiving a permit violates the First Amendment as it applies to religious proselytizing, anonymous political speech, and the distribution of handbills.
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Sunday, June 16th, 2002
Punitive damages may not be awarded in private suits brought under §202 of the Americans with Disabilities Act of 1990 and §504 of the Rehabilitation Act of 1973.
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Sunday, June 16th, 2002
The Fourth Amendment does not require police officers to advise bus passengers of their right not to cooperate and to refuse consent to searches.
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Sunday, June 16th, 2002
In assessing a restaurant for Federal Insurance Contribution Act taxes based upon tips that its employees may have received but did not report, the Internal Revenue Service is authorized to use an aggregate estimate of all tips that the restaurant's customers paid its employees.
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Sunday, June 16th, 2002
As used in 28 U. S. C. §2244(d)(2), which tolls the limitations period for filing federal habeas petitions while a petition for state collateral relief is "pending," the term "pending" covers the time between a lower state court's decision and the filing of a notice of appeal to a higher state court; that rule applies to California's collateral review system; and the case is remanded for reconsideration of the question whether respondent's state petition was timely filed.
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Sunday, June 9th, 2002
Nonnamed class members who have objected in a timely manner to approval of a settlement at a fairness hearing have the power to bring an appeal without first intervening in the lawsuit.
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