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Search : U.S. Supreme Court : Civil Procedure : From 10/01/02 To 07/01/03

Number of summaries found: 13
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Court: U.S. Supreme Court
Topic: Banking Law, Civil Procedure, Consumer Protection Law
Title: BENEFICIAL NAT'L BANK v. ANDERSON
Date: 06/02/03
Case Number: 02-306
Summary: An action filed in state court, to recover damages from a national bank for allegedly charging excessive interest in violation of both the "common law usury doctrine" and an Alabama usury statute, arose only under federal law and could therefore be removed under 28 U.S.C. section 1441.

Court: U.S. Supreme Court
Topic: Administrative Law, Civil Procedure, Commercial Law, Contracts, Government Contracts
Title: NAT'L PARK HOSPITALITY ASS'N v. DEP'T OF THE INTERIOR
Date: 05/27/03
Case Number: 02-196
Summary: A National Park Service regulation, purporting to render the Contract Disputes Act of 1978 inapplicable to contracts entered into by concessioners doing business in national parks, is a general policy statement. A challenge to that regulation is not yet ripe for judicial resolution, for lack of a "hardship" showing.

Court: U.S. Supreme Court
Topic: Civil Procedure, Labor & Employment Law
Title: BREUER v. JIM'S CONCRETE OF BREVARD, INC.
Date: 05/19/03
Case Number: 02-337
Summary: A Fair Labor Standards Act provision stating that suit "may be maintained. . .in any Federal or State court of competent jurisdiction," 29 U.S.C. section 216(b), does not bar removal of a suit from state to federal court.

Court: U.S. Supreme Court
Topic: Civil Procedure, Judges And The Judiciary
Title: ROELL v. WITHROW
Date: 04/29/03
Case Number: 02-69
Summary: Under the expanded power of magistrate judges authorized by the Federal Magistrate Act of 1979, consent to a magistrate judge's designation can be inferred from a party's conduct during litigation, such as through a general appearance before a magistrate after having been told of the right to appear before a district judge.

Court: U.S. Supreme Court
Topic: Civil Procedure, Constitutional Law, Government Law, Tax Law
Title: FRANCHISE TAX BD. OF CALIFORNIA v. HYATT
Date: 04/23/03
Case Number: 02-42
Summary: The Full Faith and Credit Clause (U.S. Const. Art. IV, section 1) does not require Nevada to give full faith and credit to California's statutes providing its tax collection agency with immunity from suit.

Court: U.S. Supreme Court
Topic: Civil Procedure, Corp. Governance, Corporation & Enterprise Law, Food & Beverages, International Law, Securities Law
Title: DOLE FOOD CO. v. PATRICKSON
Date: 04/22/03
Case Number: 01-593
Summary: A corporation is an instrumentality of a foreign state under the Foreign Sovereign Immunities Act of 1976 only if the foreign state itself owns a majority of the corporation's shares. Instrumentality status is determined at the time of the filing of a complaint.

Court: U.S. Supreme Court
Topic: Civil Procedure, Constitutional Law, Government Law
Title: JINKS v. RICHLAND COUNTY
Date: 04/22/03
Case Number: 02-258
Summary: 28 U.S.C. section 1367(d), requiring that a state statute of limitations be tolled for the period during which a cause of action had previously been pending in federal court, does not exceed Congress's enumerated powers and is constitutional as applied to claims brought against a state's political subdivisions.

Court: U.S. Supreme Court
Topic: Bankruptcy Law, Civil Procedure, Contracts, Injury And Tort Law
Title: ARCHER v. WARNER
Date: 03/31/03
Case Number: 01-1418
Summary: A debt for money promised in a settlement agreement accompanied by the release of underlying tort claims can amount to a debt for money obtained by fraud, within the terms of the Bankruptcy Code's non-dischargeability statute, 11 U.S.C. section 523(a)(2)(A).

Court: U.S. Supreme Court
Topic: Administrative Law, Civil Procedure, Government Law, Health Law
Title: COOK COUNTY v. US EX REL CHANDLER
Date: 03/10/03
Case Number: 01-1572
Summary: Local governments are "persons" amenable to qui tam actions under the False Claims Act, 31 U.S.C. section 3729.

Court: U.S. Supreme Court
Topic: Civil Procedure, Government Law, Indian Law, Property Law & Real Estate
Title: US v. WHITE MOUNTAIN APACHE TRIBE
Date: 03/04/03
Case Number: 01-1067
Summary: The Court of Federal Claims had Indian Tucker Act jurisdiction over a tribe's suit against the U.S. for breach of fiduciary duty to manage land and improvements held in trust for the tribe, but occupied by the government.

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