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   Federal Courts - U. S. Supreme Court - June 23 - October 12, 1999

  
Alden v. Me., No. 98-436, SUPREME COURT OF THE UNITED STATES, June 23, 1999, Decided
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Overview: Petitioner probation officers filed suit against their employer, respondent, the State of Maine, in federal court. Petitioners alleged that respondent violated the overtime provisions of the Fair Labor Standards Act of 1938 (FLSA),, and they sought compensation and liquidated damages. The district court dismissed petitioners' action, and the court of appeals and the state supreme court affirmed. The Court affirmed the dismissal. The Court reasoned that the powers delegated to Congress under U.S. Const. art. I did not include the power to subject nonconsenting states to private suits for damages in state courts and that respondent did not consent to suits for overtime pay and liquidated damages under the FLSA.

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College Sav. Bank v. Fla. Prepaidpostsecondary Ed. Expense Bd., No. 98-149, SUPREME COURT OF THE UNITED STATES, June 23, 1999, Decided
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Overview: Petitioner bank's false advertising suit under the Lanham Act was not maintained in federal court on the basis of the state's constructive waiver because respondent state agency enjoyed state sovereign immunity, which required explicit waiver.

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Fla. Prepaid Postsecondary Educ. Expense Bd. v. College Sav. Bank, No. 98-531, SUPREME COURT OF THE UNITED STATES, June 23, 1999, Decided
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Overview: The Patent Remedy Act could not be sustained as a valid congressional abrogation of the states' Eleventh Amendment immunity under the Due Process Clause of the Fourteenth Amendment.

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Ortiz v. Fibreboard Corp., No. 97-1704, SUPREME COURT OF THE UNITED STATES, June 23, 1999, Decided
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Overview: Petitioners were members of a massive class action lawsuit involving personal injury claims against respondent manufacturer. The trial court entered judgment certifying a mandatory settlement class on a limited fund theory under. The court of appeals affirmed. Petitioners contested the certification and on further review, the order of the court of appeals was reversed and remanded. The court held that applicants for contested certification on this rationale had to show that the fund was limited by more than the agreement of the parties, and that it had been allocated to claimants in the class by a process addressing any conflicting interests of class members. The court determined that on the facts of the case it was improper to aggregate the individual tort claims in this manner.

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Whitfield v. Tex., No. 98-9085, SUPREME COURT OF THE UNITED STATES, June 24, 1999, Decided
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Overview: Where petitioner had abused the writ of certiorari and the extraordinary writs in civil cases, the court limited its sanction accordingly and barred petitioner from seeking such relief in any other civil cases.

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Antonelli v. Caridine, Nos. 98-9933 and 99-5445, SUPREME COURT OF THE UNITED STATES, October 12, 1999, Decided
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Overview: Where a petitioner's abuse of the writ of certiorari and of the extraordinary writs was in noncriminal cases, the court limited its sanction accordingly and barred further such requests from petitioner in noncriminal cases.

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Brancato v. Gunn, No. 98-9913, SUPREME COURT OF THE UNITED STATES, October 12, 1999, Decided
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Overview: Where petitioner abused the writ of certiorari in noncriminal cases, the court limited its sanction accordingly and barred petitioner from filing further requests for certiorari in noncriminal cases.

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Dempsey v. Martin, No. 99-5283, SUPREME COURT OF THE UNITED STATES, October 12, 1999, Decided
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Overview: Where petitioner abused the writ of certiorari and the extraordinary writs in noncriminal cases, the court limited its sanction accordingly and barred petitioner from seeking such relief in other noncriminal cases.

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Judd v. United States Dist. Court, No. 99-5260, SUPREME COURT OF THE UNITED STATES, October 12, 1999, Decided
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Overview: Where petitioner abused the writ of certiorari and the extraordinary writs in noncriminal cases, the court limited its sanction accordingly and barred petitioner from seeking such relief in other noncriminal cases.

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Prunty v. Brooks, No. 99-5316, SUPREME COURT OF THE UNITED STATES, October 12, 1999, Decided
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Overview: Pro se petitioner was denied a request to proceed in forma pauperis with his petition for certiorari because request was found frivolous in light of the fact that nine previous petitions for certiorari by petitioner had been denied as frivolous.

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