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   Federal Courts - U. S. Supreme Court - January 12 - January 25, 1999

  
Buckley v. Am. Constitutional Law Found., No. 97-930, SUPREME COURT OF THE UNITED STATES, January 12, 1999, Decided
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Overview: Regulations on political speech, specifically on the ballot election process, were struck down by the court where they were overly restrictive and did not serve the state's valid interest in protecting the integrity of the political process.

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El Al Isr. Airlines v. Tsui Yuan Tseng, No. 97-475, SUPREME COURT OF THE UNITED STATES, January 12, 1999, Decided
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Overview: Where a passenger was barred from pursuing a tort action against an airline on the basis that her suit was precluded by the Warsaw Convention, she could not pursue an action in state court because the Warsaw Convention provided the exclusive remedy.

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City of W. Covina v. Perkins, No. 97-1230, SUPREME COURT OF THE UNITED STATES, January 13, 1999, Decided
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Overview: As long as state law remedies for return of lawfully seized property were sufficient to satisfy due process, and the remedies were public and available, a city did not have to give individualized notice to property owners about the remedies.

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Roberts v. Galen of Va., No. 97-53, SUPREME COURT OF THE UNITED STATES, January 13, 1999, Decided
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Overview: Showing of improper motive was not required in order for patient to recover upon a claim under the Emergency Medical Treatment and Active Labor Act that hospital failed to stabilize her condition before moving her to a permanent care facility.

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Dep't of the Army v. Blue Fox, No. 97-1642, SUPREME COURT OF THE UNITED STATES, January 20, 1999, Decided
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Overview: A subcontractor was not able to proceed on its equitable lien against a military department because the department was protected by immunity and waiver did not apply under the Administrative Procedure Act.

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Humana Inc. v. Forsyth, No. 97-303, SUPREME COURT OF THE UNITED STATES, January 20, 1999, Decided
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Overview: Suit brought by beneficiaries of group health insurance policies under RICO did not "impair" Nevada law and, therefore, was not precluded by the McCarran-Ferguson Act; RICO advanced the state's interest, and did not frustrate any Nevada policy.

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Lopez v. Monterey County, No. 97-1396, SUPREME COURT OF THE UNITED STATES, January 20, 1999, Decided
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Overview: The Voting Rights Act of 1965's preclearance requirements applied to measures mandated by a noncovered state to the extent that those measures would effect a voting change in a covered county that was required to preclear its voting changes.

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AT&T Corp. v. Iowa Utils. Bd., Nos. 97-826, 97-829, 97-830, 97-831, 97-1075, 97-1087, 97-1099, 97-1141, SUPREME COURT OF THE UNITED STATES, January 25, 1999, * Decided* Together with AT&T Corp. et al. v. California et al. (see this Court's Rule 12.4), No. 97-829, MCI Telecommunications Corp. v. Iowa Utilities Board et al., MCI Telecommunications Corp. v. California et al. (see this Court's Rule 12.4), No. 97-830, Association for Local Telecommunications Services et al. v. Iowa Utilities Board et al., No. 97-831, Federal Communications Commission et al. v. Iowa Utilities Board et al., Federal Communications Commission et al. v. California et al. (see this Court's Rule 12.4), No. 97-1075, Ameritech Corp. et al. v. Federal Communications Commission et al., No. 97-1087, GTE Midwest Inc. v. Federal Communications Commission et al., No. 97-1099, U S West, Inc. v. Federal Communications Commission et al., and No. 97-1141, Southern New England Telephone Co. et al. v. Federal Communications Commission et al., also on certiorari to the same court.
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Overview: Government agency's local competition rules imposed upon local exchange carriers were not beyond its jurisdiction where it had the authority to carry out provisions of the Telecommunications Act of 1996.

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Doc v. United States House of Representatives, Nos. 98-404 AND 98-564, SUPREME COURT OF THE UNITED STATES, January 25, 1999,* Decided * Together with No. 98-564, Clinton, President of the United States, et al. v. Glavin et al., on appeal from the United States District Court for the Eastern District of Virginia.
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Overview: The Census Act prohibited the Census Bureau's proposed uses of statistical sampling in calculating the population for purposes of apportionment, and thus it was unnecessary to reach constitutional questions, as there was no longer a federal question.

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Hughes Aircraft Co. v. Jacobson, No. 97-1287, SUPREME COURT OF THE UNITED STATES, January 25, 1999, Decided
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Overview: In class action brought by retired beneficiaries of benefit plan, claiming violations of ERISA by their former employer, the Court held that beneficiaries failed to show that employer labored under fiduciary duties or engaged in a sham transaction.

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