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Cases at a Glance
February 2003

2002-2003 Term:
Following are cases at a glance for February 2003. To access other cases at a glance for the 2002-2003 Term, or to return to the main Cases at a Glance page for current cases, use the 2002-2003 Term menu to the right.

Monday, February 24



(1)
ARBITRATION

When Would It Violate Public Policy to Require a Party to Arbitrate a RICO Claim?

Pacificare Health Systems, Inc. et al. v. Book et al.
Docket No. 02-215

From: The Eleventh Circuit

Case at a Glance

This case presents the question of whether it would violate public policy to require a party to arbitrate a RICO claim under an arbitration agreement that arguably does not allow the arbitrators to grant all the remedies provided by RICO for such a claim.

  • Previewed by Jay E. Grenig, a professor of law at Marquette University Law School in Milwaukee, Wisc.

Supreme Court Decision: Click to read decision

(2)
TAXATION

When Does the Full Faith and Credit Clause Require Nevada Courts to Apply California Immunity Law?

Franchise Tax Board of California v. Hyatt et al.
Docket No. 02-42

From: Nevada Supreme Court

Case at a Glance

When a Nevada resident sued in the Nevada courts the California agency that enforces California's personal income tax law, the Nevada courts declined to apply California's immunity statute. Now the California Franchise Tax Board argues that the Full Faith and Credit Clause requires the Nevada courts to apply California immunity law, rather than Nevada law, to Gilbert P. Hyatt's tort claims alleging intentional misconduct in Nevada against a Nevada citizens.

  • Previewed by Ferdinand P. Schoettle, a professor of law at the University of Minnesota Law School in Minneapolis, Minn.

Supreme Court Decision: Click to read decision

Tuesday, February 25



(3)
HABEAS CORPUS

Must Ineffective Assistance of Counsel Claims Always Be Raised First on Direct Appeal?

Massaro v. United States
Docket No. 01-1559

From: The Second Circuit

Case at a Glance

When Joseph Massaro took a direct appeal from his federal murder conviction, he did not claim ineffective assistance of trial counsel. Subsequently, when he filed for habeas corpus review, he did make that claim. The federal district court and the Second Circuit refused to consider it, however, reasoning that the claim had been procedurally defaulted by Massaro's failure to raise it during his direct appeal. Now Massaro asks the Supreme Court to adopt a contrary rule that would permit such ineffective assistance claims.

  • Previewed by Ronald J. Bretz, a professor of law at Thomas M. Cooley Law School in Lansing, Mich.

Supreme Court Decision: Click to read decision

(4)
DISABILITY RIGHTS

When Are a Medical Clinic's Physician-Shareholders "Employees" Under the Americans with Disabilities Act?

Clackamas Gastroenterology Associates, P.C. v. Wells
Docket No. 01-1435

From: The Ninth Circuit

Case at a Glance

The Americans with Disabilities Act does not apply to employers with fewer than 15 employees. This case asks the Court whether a medical clinic's physician-shareholders should be counted as employees of the practice. If the Court decides that these physicians should be considered employees, then the clinic will qualify as an employer subject to the ADA.

  • Previewed by Michael Kurs, a partner in the law firm of Pullman & Comley, LLC, in Hartford, Conn.

Supreme Court Decision: Click to read decision

Wednesday, February 26



(5)
CIVIL PROCEDURE

Does a Magistrate Judge Need the Parties' Pre-Trial, Express Consent to Decide Their Case?

Roell et al. v. Withrow
Docket No. 02-0069

From: The Fifth Circuit

Case at a Glance

The Federal Magistrate Act, 28 U.S.C. §636(c), allows magistrate judges to preside over and enter judgments in civil cases referred by district court judges. This case presents the question of whether the Act requires the parties to give the magistrate judge their written consent before judgment, or whether the parties' post-judgment written consent will also suffice.

  • Previewed by Mary Phelan D'Isa, a professor of law at Thomas M. Cooley Law School, Lansing, Mich.

Supreme Court Decision: Click to read decision

(6)
CLASS ACTIONS

Apocalypse Forever: Revisiting the Adequacy of the Agent Orange Settlement, Twenty-Five Years Later

Dow Chemical Company et al. v. Stephenson et al.
Docket No. 02-271

From: The Second Circuit

Case at a Glance

In this appeal, the Supreme Court is confronted with the important question of whether the absent class members of the 1985 Agent Orange class settlement may collaterally attack that settlement many years later on the grounds of a lack of adequate class representation.

  • Previewed by Linda S. Mullenix, the Morris and Rita Atlas Chair in Advocacy at the University of Texas School of Law in Austin, Texas.

Supreme Court Decision: Click to read decision

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