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April 2002
Monday, April 15
United States v. Leonard Cotton et al.
No. 01-687
Subject:
Sentencing, Enhancements, Indictments
Question:
Whether the omission from a federal indictment of a fact that enhances the statutory maximum sentence requires a court of appeals automatically to vacate the enhanced sentence, notwithstanding that the defendant did not object to the sentence in the district court, the government introduced overwhelming proof of the fact that supports the enhanced sentence, and the defendant had notice that the fact could be used to seek an enhanced sentence.
Decisions:
- U.S. Court of Appeals - 4th Circuit, Filed: August 10, 2001
- U.S. Court of Appeals - 4th Circuit, Filed: August 17, 2001
- U.S. Court of Appeals - 4th Circuit, Filed: January 4, 2002
- United States Supreme Court, Cert. Granted: January 4, 2002
- United States Supreme Court, Decided: May 20, 2002
Resources:
Briefs:
Parties:
- Petitioner (Petition) [PDF] [TEXT]
- Petitioner - Reply (Petition) [PDF] [TEXT]
- Petitioner [PDF] [TEXT]
Franconia Associates et al. v. United States
No. 01-455
Subject:
Government Mortgage Loans, Prepayments, Takings Clause
Question:
- Whether a breach of contract claim accrues for purposes of 28 U.S.C. § 2501 when Congress enacts a statute alleged to abridge a contractual right to freedom from regulatory covenants upon prepayment of government mortgage loans.
- Whether a Fifth Amendment takings claim accrues for purposes of 28 U.S.C. § 2501 when Congress enacts a statute alleged to abridge a contractual right to freedom from regulatory covenants upon prepayment of government mortgage loans.
Decisions:
Resources:
Briefs:
Tuesday, April 16
United States v. Christopher Drayton et al.
No. 01-631
Subject:
Warrantless Searches, Public Buses, Consent
Question:
Whether an officer who informs a passenger on a bus that the officer
is conducting drug and illegal weapons interdiction and asks the passenger
for consent to search, while another officer stays at the front of the bus
without blocking the exit, has effected a "seizure" of that passenger
within the meaning of the Fourth Amendment and Florida v. Bostick, 501 U.S.
429 (1991).
Decisions:
Resources:
Briefs:
Parties:
- Petitioner (Petition) [PDF] [TEXT]
- Petitioner - Reply (Petition) [PDF] [TEXT]
- Petitioner [PDF] [TEXT]
Amicus - Petitioner:
- Washington Legal Foundation [PDF]
BE&K Construction Co. v. NLRB et al.
No. 01-518
Subject:
Attorneys Fees, Unions, Unfair Labor Practice
Question:
Decisions:
Resources:
Briefs:
Parties:
- Respondent [PDF]
Amicus - Petitioner:
- Chamber of Commerce of the United States et al. [PDF]
Wednesday, April 17
Larry Hope v. Mark Pelzer et al.
No. 01-309
Subject:
Cruel and Unusual Punishment, Qualified Immunity, Inmates
Question:
- Whether state officials sued in their individual capacities
under 42 U. S. C. §1983 are entitled to qualified immunity unless
they have violated statutory or constitutional rights clearly
established by a case presenting facts materially similar to
those in the plaintiff s case.
- Whether under the circumstances that must be taken as true
at the summary judgment stage of this case, tying a prisoner to a
hitching post violates clearly established constitutional
rights for purposes of qualified immunity under 42 U. S. C.
§1983."
Decisions:
Resources:
Briefs:
JPMorgan Chase Bank v. Traffic Stream (BVI)
No. 01-651
Subject:
Question:
Whether corporations organized under the laws of United Kingdom Overseas Territories are "citizens or subjects of a foreign state" for purposes of alienage diversity jurisdiction under 28 U.S.C. 1332(a)(2).
Decisions:
Resources:
Briefs:
Parties:
- Respondent [PDF]
Amicus - Petitioner:
- United States (Petition) [PDF] [TEXT]
- United States [PDF] [TEXT]
Monday, April 22
United States v. Fior D'Italia, Inc.
No. 01-463
Subject:
FICA, Taxes, Tips, Internal Revenue Service
Question:
Whether the employer's share of the Federal Insurance Contributions Act (FICA) tax on employee tip income must be determined by accumulating the result of individual audits of individual employees or may instead be based on a reasonable estimate of the aggregate amount of tips received by all employees.
Decisions:
Resources:
Briefs:
Parties:
- Petitioner (Petition) [PDF] [TEXT]
- Respondent (Petition) [PDF]
- Petitioner - Reply (Petition) [PDF] [TEXT]
- Petitioner [PDF] [TEXT]
- Respondent [PDF] [WP]
Amicus - Respondent:
- American Gaming Association [PDF] [MS-WORD]
- Patricia R. Guancial [PDF] [MS-WORD]
- National Restaurant Association [PDF] [MS-WORD]
Timothy Stuart Ring v. Arizona
No. 01-488
Subject:
Sixth Amendment, Sentencing, Death Penalty, Right to Jury Trial
Question:
Should Walton v. Arizona, 497 U.S. 639 (1990), be overruled in light of the Supreme Court's subsequent holding in Apprendi v. New Jersey, 530 U.S. 466 (2000), making it an unconstitutional violation of a defendant's 6th Amendment right to a jury trial for a judge to consider in a capital sentencing hearing aggravating factors that the jury did not address at trial?
Decisions:
Resources:
Briefs:
Tuesday, April 23
City of Columbus, et al. v. Ours Garage and Wrecker Service, Inc., et al.
No. 01-419
Subject:
Question:
Does 49 U.S.C. § 14501(c) of the Interstate Commerce Act permit cities to enact safety regulations regarding local tow-truck operations, as the 2nd Circuit and California Court of Appeals have held, or does it preempt such regulations, as the 5th, 6th, 9th and 11th Circuits have held? Does it matter that the municipality is acting as market participant?
Decisions:
Resources:
Briefs:
Amicus - Petitioner:
- United States [PDF] [TEXT]
Amicus - Respondent:
- Towing and Recovery Association of America [PDF]
Kay Barnes, etc., et al. v. Jeffrey Gorman
No. 01-682
Subject:
Americans with Disabilities Act, Rehabilitation Act, Punitive Damages, Eleventh Amendment, Municipal Immunity
Question:
Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a),
prohibits disability-based discrimination in any public program
or activity receiving federal funds. Section 202 of the
Americans with Disabilities Act, 42 U.S.C. § 12132, more
generally prohibits disability-based discrimination in any public
program, activity or service regardless of the receipt of federal
funds. The question presented in this case is:
Whether the Eighth Circuit, in agreement with the Fourth
Circuit but in conflict with the Third and Sixth Circuits,
correctly held that punitive damages may be awarded against a
municipal government in an implied private cause of action
brought under Section 504 of the Rehabilitation Act or Section
202 of the ADA.
Decisions:
- U.S. Court of Appeals - 8th Circuit, Filed: September 4, 1997
- U.S. Court of Appeals - 8th Circuit, Filed: August 20, 1998
- U.S. Court of Appeals - 8th Circuit, Filed: June 13, 2001
- United States Supreme Court, Cert. Granted: January 11, 2002
- United States Supreme Court, Decided: June 17, 2002
Resources:
Briefs:
Parties:
- Petitioner (Petition) [PDF]
- Petitioner - Reply (Petition) [PDF]
- Petitioner [PDF]
- Petitioner - Reply [PDF]
Wednesday, April 24
Gonzaga University and Roberta S. League v. John Doe
No. 01-679
Subject:
Family Educational Rights and Privacy Act, Student Privacy, Sexual Assault
Question:
Decisions:
Resources:
Briefs:
United States v. Angela Ruiz
No. 01-595
Subject:
Sentencing, "Fast Track" Program, Brady Rights
Question:
- Whether before pleading guilty, a criminal defendant has a constitutional
right to obtain exculpatory information, including impeachment material,
from the government.
- If so, whether that right may be waived through a plea agreement.
Decisions:
Resources:
Briefs:
Parties:
- Petitioner (Petition) [PDF] [HTML]
- Petitioner - Reply (Petition) [PDF] [HTML]
- Petitioner [PDF] [HTML]