Volume 460 — United States Reports

Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1 (1983), commonly cited as Moses Cone or Cone Hospital, is a United States Supreme Court decision concerning civil procedure, specifically the abstention doctrine, as it applies to enforcing an arbitration clause in a diversity case. By a 6–3 margin, the justices resolved a complicated construction dispute by ruling that a North Carolina hospital had to arbitrate a claim against the Alabama-based company it had hired to build a new wing, even though it meant that it could not consolidate it with ongoing litigation it had brought in state court against the contractor and architect.

Perry Education Association v. Perry Local Educators' Association, 460 U.S. 37 (1983), was a United States Supreme Court decision concerning free speech rights on government-owned property. The Court ruled that teacher mailboxes and the use of a school mail delivery system are a nonpublic forum, and upheld a policy that allowed the union representing the teachers, but not other employee organizations, to use the district's mail system.

Upon a jury trial in a Connecticut state court, respondent was convicted of all the charges under a multicount information, including charges of attempted murder and robbery. Held: The judgment is affirmed. 185 Conn. ----, 440 A.2d 858, affirmed. Linda K. Lager, New Haven, Conn., for petitioner. Jerrold H. Barnett, Public Defender, New Haven, Conn., for respondent.

Title IV of the Gun Control Act of 1968, 18 U.S.C. §§ 922(g)(1) and (h)(1), makes it unlawful for any person "who has been convicted . . . of . . . a crime punishable by imprisonment for a term… Held: The firearms disabilities imposed by §§ 922(g)(1) and (h)(1) apply to Kennison and were not removed by the expunction of the record of his guilty plea to the concealed weapon charge. Pp. 110-122.

Held: over the dissent of Chief Judge Spottswood Robinson of the United States Court of Appeals for the District of Columbia Circuit, that Lockhart's election procedures have the effect of discriminating against protected minorities. The court first decided that the entire election plan was subject to § 5's requirements.

Petitioner trade association of retail pharmacists and pharmacies filed an antitrust suit in Federal District Court against respondent pharmaceutical… Held: The sale of pharmaceutical products to state and local government hospitals for resale in competition with private pharmacies is not exempt from the Act's proscriptions. Pp. 153-171. (a) The Act by its terms does not exempt state purchases, and the statutory language is sufficiently broad to cover governmental bodies.

A civilian employee of the United States Navy died in the crash of an aircraft operated by the United States Air Force and manufactured by petitioner. Held: Section 8116(c) does not bar petitioner's third-party indemnity action against the United States. Section 8116(c) was intended to govern only the rights of employees, their relatives, and people claiming through or on behalf of them. Weyerhaeuser S.S. Co. v. United States, 372 U.S. 597, 83 S.Ct. 926, 10 L.Ed.2d 1.

Petitioner Mayor of Boston, Mass., issued an executive order requiring all construction projects funded in whole or in part by city funds or funds that the city had authority to administer to be… Held: The Commerce Clause does not prevent the city from giving effect to the Mayor's executive order. Pp. 206-215. (a) When a state or local government enters the market as a participant, it is not subject to the restraints of the Commerce Clause.

EEOC v. Wyoming, 460 U.S. 226 (1983), is a United States Supreme Court case about forcible retirement of an employee of the Wyoming Game and Fish Department. The court held the Age Discrimination in Employment Act of 1967 makes it unlawful for an employer to discriminate against any employee or potential employee between the ages of 40 and 70 on the basis of age, except "where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. or where the differentiation is based on reasonable factors other than age." The EEOC was represented by Solicitor General Rex E. Lee.

United States v. Knotts, 460 U.S. 276 (1983), was a United States Supreme Court case regarding the use of an electronic surveillance device. The defendants argued that the use of this device was a Fourth Amendment violation. The device in question was described as a beeper that could only be tracked from a short distance. During a single trip, officers followed a car containing the beeper, relying on beeper signal to determine the car's final destination. The Court unanimously held that since the use of such a device did not violate a legitimate expectation of privacy there was no search and seizure and thus the use was allowed without a warrant. It reasoned that a person traveling in public has no expectation of privacy in one's movements.

In her complaint in the later-described action, respondent asserted the following facts. Held: Respondent's claim did not "aris[e] out of . . . misrepresentation" within the meaning of § 2680(h) and thus is not barred by that provision because respondent did not seek to recover on the basis of misstatements made by FmHA officials. United States v. Neustadt, 366 U.S. 696, 81 S.Ct. 1294, 6 L.Ed.2d 614 (1961), distinguished.

The federal Migratory Bird Hunting Stamp Act (Stamp Act) authorizes the Secretary of the Interior to acquire easements over wetland areas… Held: The consent required by § 3 of the Loan Act cannot be revoked at the will of an incumbent Governor. To hold otherwise would be inconsistent with the Loan Act's purpose of facilitating the acquisition of wetlands. Here, the acquisition in question clearly "has been approved" by North Dakota's Governors as § 3's language provides.

Briscoe v. LaHue, 460 U.S. 325 (1983), was a United States Supreme Court case in which the Court held that Title 42 U.S.C. § 1983 did not authorize a convicted state defendant to assert a claim for damages against a police officer for giving perjured testimony at the defendant's criminal trial. In other words, police officers have absolute immunity from civil liability for lying on the stand in criminal cases. Officers may still theoretically be criminally liable for perjury, and the Court's reasoning was based on that liability sufficing as a deterrent, but that means the complaint cannot come from the person who faced the harm. The objection must come from agents of the state.

paid the taxes for its shareholders in 1972, taking the deduction for the amount of the taxes pursuant to § 164(e) of the Internal Revenue Code of 1954 (IRC), which grants a corporation a deduction… Held: Unless a nonrecognition provision of the IRC prevents it, the tax benefit rule ordinarily applies to require the inclusion of income when events occur that are fundamentally inconsistent with an earlier deduction. Pp. 377-391. 2.

During a certain period from 1972 through 1978, petitioner sold its beer to respondent, the sole wholesale distributor for petitioner's beer in Vanderburgh County, Ind., at a higher price than… Held: The District Court's findings, supported by direct evidence of diverted sales, more than established the "competitive injury" (the reasonable possibility that a price difference may harm competition) required to establish a prima facie violation of § 2(a).

The Federal Food, Drug and Cosmetic Act (Act) prohibits the marketing of a "new drug" without the prior approval of the Food and Drug Administration (FDA). Held: A generic product is a "drug" within the meaning of the indicated definition in § 201(g)(1). That definition is broad enough to encompass entire drug products, complete with their active and inactive ingredients.

District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983), was a case decided by the United States Supreme Court in which the Court enunciated a rule of civil procedure known as the Rooker-Feldman doctrine (also named for the earlier case of Rooker v. Fidelity Trust Co.). The doctrine holds that lower United States federal courts may not sit in direct review of state court decisions.

Florida v. Royer, 460 U.S. 491 (1983), was a U.S. Supreme Court case dealing with issues involving the Fourth Amendment. Specifically, the case establishes a firm line in cases where police conduct search and seizure without a warrant. The court ruled that, while it is legal for authorities to target and approach a person based on their behavior, absent more, they cannot detain or search such individual without a warrant.

Held: on the authority of Phillips, that the tax was invalid. 365 U. S., at 751 . This holding does *543 not support the United States’ position any more than the holding in Phillips. The Court of Appeals in Moses Lake had attempted to eliminate the discriminatory aspect of the tax by reducing the tax “to what it would have been if” it had been levied on a state lessee. 365 U. S., at 752 .

by the Court Section 4F(a) of the Clayton Act, enacted in 1976, provides that whenever the Attorney General of the United States has brought an action under the federal antitrust laws and has reason… Held: Section 4F(b) does not give the State attorney general a special right of access to grand jury materials that is independent of or modifies the limitations imposed by Federal Rule of Criminal Procedure 6(e). Pp. 565-573.

Minneapolis Star Tribune Company v. Commissioner, 460 U.S. 575 (1983), was an opinion of the Supreme Court of the United States authored by Justice Sandra Day O'Connor overturning a use tax on paper and ink in excess of $100,000 consumed in any calendar year. The Minneapolis Star Tribune initially paid the tax and sued for a refund.

Held: 373 U. S., at 600 -601: "[T]he most feasible decree that could be adopted in this case, even accepting Arizona's contention, would be to establish a water right for each of the five Reservations in the amount of water necessary to irrigate all of the practicably irrigable acreage on the Reservation.. . .

In 1971, petitioner, who was then 19 years old, pleaded guilty to the charge of carrying a pistol without a license in violation of a… Held: Under the interpretation of § 5021(b) plainly suggested by its language, the conviction of a youth offender placed on probation under § 5010(a) is not set aside where, as here, the court has not exercised its discretion to discharge him unconditionally "prior to the expiration of the maximum period of probation theretofor fixed by…

Respondent filed a charge with a Regional Director of the National Labor Relations Board (Board), alleging that petitioner Union (Union) had… Held: Respondent's state-court action against the Union is pre-empted by the National Labor Relations Act. Pp. 675-684. (a) If the conduct that a State seeks to regulate or to make the basis of liability is actually or arguably prohibited or protected by the Act, otherwise applicable state law and procedures are ordinarily pre-empted.

Metropolitan Edison Co. v. NLRB, 460 U.S. 693 (1983), was a United States Supreme Court case in which the court held that, when punishing an employee for engaging in an unprotected strike, an employer may not consider their status as a union official when deciding the degree of discipline to inflict but may consider their role in the actual strike.

Respondent, a black employee of the United States Postal Service, filed suit under Title VII of the Civil Rights Act of 1964, claiming… Held: By framing the issue here in terms of whether a prima facie case is established by an employee's showing only that he was black, that he applied for a promotion for which he possessed the minimum qualifications, and that the employer selected a nonminority applicant, the parties and the Court of Appeals have unnecessarily evaded the…

Held: because “there exists no sufficient allegation of racial or class-based invidiously discriminatory animus.” 660 F. 2d, at 1355. The court acknowledged that this Court’s decision in Griffin v. Breckenridge, supra, had interpreted a portion of § 1985(3) to include such a requirement in order to avoid the constitutional issues that would have attended enactment *723 of a general federal tort law.

A Fort Worth, Tex., police officer stopped respondent's automobile at night at a routine driver's license checkpoint, asked him for his license, shined his flashlight into the car, and saw an opaque,… Held: The judgment is reversed, and the case is remanded. ¶ 617 S.W.2d 196, reversed and remanded. [Syllabus from 731 intentionally omitted] C. Chris Marshall, Fort Worth, Tex., for petitioner. Allan K. Butcher, Fort Worth, Tex., for respondent.

The Internal Revenue Service (IRS) summoned respondent Rylander (respondent) to appear before an IRS agent and to produce for examination, and testify with respect to, records of… Held: The Court of Appeals was incorrect both in its view of the relationship between the enforcement proceeding and the contempt proceeding, and in its view of the effect of respondent's invocation of his Fifth Amendment privilege on the burden of production at the contempt hearing. Pp. 756-762.

Metropolitan Edison Co. v. People Against Nuclear Energy, 460 U.S. 766 (1983), was a case decided by the United States Supreme Court.

Anderson v. Celebrezze, 460 U.S. 780 (1983), was a United States Supreme Court case in which the Court held that Ohio's filing deadline for independent candidates was unconstitutional.

Merck & Co. entered into three fixed-price negotiated contracts with the Defense Supply Agency and one such contract with the Veterans Administration for the sale of pharmaceutical products to those… Held: The Comptroller General may inspect Merck's records of direct costs but not records of indirect costs. Pp. 1591-1599.