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Today in Supreme Court History: October 21

  • Writer: captcrisis
    captcrisis
  • 1 day ago
  • 1 min read

Mireles v. Waco, 502 U.S. 9 (decided October 21, 1991): judicial immunity for judge who ordered public defender seized and brought into courtroom when he failed to appear for a calendar call; ordering use of (allegedly excessive) force was acting in aid of his judicial authority (see law review article detailing what happened, https://core.ac.uk/download/pdf/23 2781112.pdf, doesn’t make the judge look good)


United States v. Michigan Nat’l Corp., 419 U.S. 1 (decided October 21, 1974): Government can bring antitrust suit against holding company creating “phantom” banks into which real bank assets would be merged, even though Comptroller of the Currency had yet to approve the merger; Federal Reserve Board (the other necessary approver) had already approved it (!), creating a case or controversy, and under statute the Gov’t had only 30 days to sue


Tipton v. Socony Mobil Oil Co., 375 U.S. 34 (decided October 21, 1963): evidence that plaintiff had received longshoreman’s benefits so as to prove that he was not a sailor (as required for Jones Act personal injury suit) should not have been placed before the jury without a cautionary instruction as to narrow issue it was admitted for and instruction that it was not dispositive on that issue (Jones Act has since been amended allowing non-sailors to sue; I litigated one such case)

 
 
 

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