Citation95 U.S. 714, 5 Otto 714, 24 L. Ed. 565 (1878) Brief Fact Summary. Default judgment was rendered against Plaintiff, a non-resident of Oregon who was not present in that state, in Oregon state court. Plaintiff was served by publication and Plaintiff’s Oregon property was levied in order to satisfy the judgment. The property was subsequently sold to Defendant at a sheriff’s auction. Plaintiff sued Defendant to recover the tract of land, claiming the state court did not have jurisdiction to bind Plaintiff to the judgment in the previous action. Synopsis of Rule of Law. A st ...
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Capron v. Van Noorden
Citation22 Ill.6 U.S. 126, 2 Cranch 126, 2 L. Ed. 229 (1804) Brief Fact Summary. Plaintiff sued Defendant for trespass on the case in federal court in North Carolina. Judgment was found for Defendant. Plaintiff appealed arguing the federal court lacked jurisdiction. Synopsis of Rule of Law. A judgment rendered by a court created pursuant to Article III of the U.S. Constitution is ineffective unless said court has subject matter jurisdiction over the case. ...
Capron v. Van Noorden
CitationCapron v. Van Noorden, 6 U.S. 126, 1804 U.S. LEXIS 253, 2 L. Ed. 229, 2 Cranch 126 (U.S. Mar. 5, 1804) Brief Fact Summary. Plaintiff sued Defendant for trespass on the case in federal court in North Carolina. Judgment was found for Defendant. Plaintiff appealed arguing the federal court lacked jurisdiction. Synopsis of Rule of Law. A judgment rendered by a court created pursuant to Article III of the U.S. Constitution is ineffective unless said court has subject matter jurisdiction over the case. ...
Lujan v. Defenders of Wildlife
CitationLujan v. Defenders of Wildlife, 504 U.S. 555, 112 S. Ct. 2130, 119 L. Ed. 2d 351, 1992 U.S. LEXIS 3543, 60 U.S.L.W. 4495, 92 Cal. Daily Op. Service 4985, 92 Daily Journal DAR 7876, 92 Daily Journal DAR 8967, 22 ELR 20913, 34 ERC (BNA) 1785, 6 Fla. L. Weekly Fed. S 374 (U.S. June 12, 1992) Brief Fact Summary. The Secretary of Interior (Secretary) promulgated a rule interpreting Section:7 of the Endangered Species Act (Act) as applicable only to actions within the United States or on the high seas. The Defenders of Wildlife (Respondents) brought a challenge to the rule, and the Distric ...
Universal Camera Corp. v. NLRB
CitationUniversal Camera Corp. v. NLRB, 340 U.S. 474, 71 S. Ct. 456, 95 L. Ed. 456, 1951 U.S. LEXIS 2428, 19 Lab. Cas. (CCH) P66,191, 27 L.R.R.M. 2373 (U.S. Feb. 26, 1951) Brief Fact Summary. The Court of Appeals for the Second Circuit granted enforcement of an order directing Universal Camera Corporation (Petitioner) to reinstate an employee with back pay who was discharged because he gave testimony under the Wagner Act (Act), and cease and desist from discriminating against any employee who files charges or gives testimony under the Act. The views of that court conflicted with those of the ...
Mathews v. Eldridge
CitationMathews v. Eldridge, 424 U.S. 319, 96 S. Ct. 893, 47 L. Ed. 2d 18, 1976 U.S. LEXIS 141, 41 Cal. Comp. Cases 920 (U.S. Feb. 24, 1976) Brief Fact Summary. Respondent Eldridge commenced this action in District Court to challenge the constitutional validity of the administrative procedures established by the Secretary of Health Education and Welfare for establishing whether there exists a continuing disability entitling a recipient to Social Security Disability (SSD) benefits. Eldridge was notified his benefits would terminate without an opportunity for a prior hearing. Synopsis of Rul ...
Dickinson v. Zurko
CitationDickinson v. Zurko, 527 U.S. 150, 119 S. Ct. 1816, 144 L. Ed. 2d 143, 1999 U.S. LEXIS 4004, 50 U.S.P.Q.2D (BNA) 1930, 67 U.S.L.W. 4445, 99 Cal. Daily Op. Service 4504, 99 Daily Journal DAR 5792, 1999 Colo. J. C.A.R. 3216, 12 Fla. L. Weekly Fed. S 310 (U.S. June 10, 1999) Brief Fact Summary. Respondent had their application for a patent denied. Synopsis of Rule of Law. “The Federal Circuit must use the framework set forth in Section:706 when reviewing PTO findings of fact.” ...
Wong Yang Sung v. McGrath
CitationWong Yang Sung v. McGrath, 339 U.S. 33, 70 S. Ct. 445, 94 L. Ed. 616, 1950 U.S. LEXIS 2297 (U.S. Feb. 20, 1950) Brief Fact Summary. An illegal immigrant sought a review of his deportation because it did not conform to the APA. Synopsis of Rule of Law. “[D]eportation proceedings must conform to the requirements of the Administrative Procedure Act if resulting orders are to have validity.” ...
JEM Broadcasting Co. Inc. v. FCC
CitationJem Broadcasting Co. v. FCC, 22 F.3d 320, 1994 U.S. App. LEXIS 10036, 306 U.S. App. D.C. 11, 75 Rad. Reg. 2d (P & F) 273 (D.C. Cir. May 6, 1994) Brief Fact Summary. JEM Broadcasting Company (JEM) submitted an application for a license for a new FM station to the FCC, but the FCC dismissed it without providing JEM an opportunity to correct its error. JEM contended that the “hard look” rules of the FCC could not be applied toward it because the rules were promulgated without notice and comment in violation of the APA. Synopsis of Rule of Law. Challenges to the procedura ...
Whitman v. American Trucking Associations Inc
CitationWhitman v. Am. Trucking Ass’ns, 531 U.S. 457, 121 S. Ct. 903, 149 L. Ed. 2d 1, 2001 U.S. LEXIS 1952, 69 U.S.L.W. 4136, 51 ERC (BNA) 2089, 31 ELR 20512, 2001 Colo. J. C.A.R. 1098, 14 Fla. L. Weekly Fed. S 101 (U.S. Feb. 27, 2001) Brief Fact Summary. The Environmental Protection Agency (EPA) revised ozone air quality standards. Synopsis of Rule of Law. “When conferring decision-making authority upon agencies, Congress must lay down an intelligible principle to which the person or body authorized to act is directed to conform.” ...
Lujan v. Defenders of Wildlife
CitationLujan v. Defenders of Wildlife, 504 U.S. 555, 112 S. Ct. 2130, 119 L. Ed. 2d 351, 1992 U.S. LEXIS 3543, 60 U.S.L.W. 4495, 92 Cal. Daily Op. Service 4985, 92 Daily Journal DAR 7876, 92 Daily Journal DAR 8967, 22 ELR 20913, 34 ERC (BNA) 1785, 6 Fla. L. Weekly Fed. S 374 (U.S. June 12, 1992) Brief Fact Summary. The Secretary of Interior (Secretary) promulgated a rule interpreting Section:7 of the Endangered Species Act (Act) as applicable only to actions within the United States or on the high seas. The Defenders of Wildlife (Respondents) brought a challenge to the rule, and the Distric ...
Zinermon v. Burch
CitationZinermon v. Burch, 494 U.S. 113, 110 S. Ct. 975, 108 L. Ed. 2d 100, 1990 U.S. LEXIS 1171, 58 U.S.L.W. 4223 (U.S. Feb. 27, 1990) Brief Fact Summary. Darrell Burch (Respondent) brought this action under 42 U.S.C. Section:1983 against 11 Florida State Hospital (FSH) physicians, administrators and staff (Petitioners), alleging they deprived him of his liberty without due process of law by admitting him as a “voluntary” mental patient when he was incompetent to give informed consent to his admission. Synopsis of Rule of Law. The Parratt test applies to a narrow range of case ...
Sandin v. Conner
CitationSandin v. Conner, 515 U.S. 472, 115 S. Ct. 2293, 132 L. Ed. 2d 418, 1995 U.S. LEXIS 4069, 63 U.S.L.W. 4601, 95 Cal. Daily Op. Service 4627, 95 Daily Journal DAR 7920, 9 Fla. L. Weekly Fed. S 207 (U.S. June 19, 1995) Brief Fact Summary. DeMont Conner was an inmate in the Halawa Correctional Facility, a maximum security prison in Oahu. When subjected to a strip search, Conner responded with angry and foul language at the officer. Conner was charged with “high misconduct,” the adjustment committee sentenced him to 30 days of segregation, without allowing Conner to present wi ...
Mathews v. Eldridge
CitationMathews v. Eldridge, 424 U.S. 319, 96 S. Ct. 893, 47 L. Ed. 2d 18, 1976 U.S. LEXIS 141, 41 Cal. Comp. Cases 920 (U.S. Feb. 24, 1976) Brief Fact Summary. Respondent Eldridge commenced this action in District Court to challenge the constitutional validity of the administrative procedures established by the Secretary of Health Education and Welfare for establishing whether there exists a continuing disability entitling a recipient to Social Security Disability (SSD) benefits. Eldridge was notified his benefits would terminate without an opportunity for a prior hearing. Synopsis of Rul ...
Chevron USA Inc. v. Natural Resources Defense Council, Inc.
CitationChevron, U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837, 104 S. Ct. 2778, 81 L. Ed. 2d 694, 1984 U.S. LEXIS 118, 52 U.S.L.W. 4845, 14 ELR 20507, 21 ERC (BNA) 1049 (U.S. June 25, 1984) Brief Fact Summary. The Clean Air Act Amendments of 1977 (Amendments) made requirements applicable to states that had not achieved the national air quality standards established by the Environmental Protection Agency (EPA) in earlier legislation. The Amendments required the “nonattainment” States to establish a permit program regulating “new or modified major stationary sources” of air ...
Universal Camera Corp. v. NLRB
CitationUniversal Camera Corp. v. NLRB, 340 U.S. 474, 71 S. Ct. 456, 95 L. Ed. 456, 1951 U.S. LEXIS 2428, 19 Lab. Cas. (CCH) P66,191, 27 L.R.R.M. 2373 (U.S. Feb. 26, 1951) Brief Fact Summary. The Court of Appeals for the Second Circuit granted enforcement of an order directing Universal Camera Corporation (Petitioner) to reinstate an employee with back pay who was discharged because he gave testimony under the Wagner Act (Act), and cease and desist from discriminating against any employee who files charges or gives testimony under the Act. The views of that court conflicted with those of the ...
Mistretta v. United States
CitationMistretta v. United States, 488 U.S. 361, 109 S. Ct. 647, 102 L. Ed. 2d 714, 1989 U.S. LEXIS 434, 57 U.S.L.W. 4102 (U.S. Jan. 18, 1989) Brief Fact Summary. Congress adopted the Sentencing Reform Act of 1984 (Act) in an effort to address the widespread disparity in the scope and extent of punishment in criminal cases in the United States. The Act created the United States Sentencing Commission devise guidelines for sentencing, and John M. Mistretta (Petitioner) challenged this as an unconstitutional delegation. Synopsis of Rule of Law. The “intelligible principle test” a ...