chappell insurance

The Oyez Project: Economic Activity Issues - Liability, Governmental Arguments
U.S. Supreme Court Oral Arguments, presented by The Oyez Project (www.oyez.org)

• Affiliated Ute Citizens v. United States - Oral Argument
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• Anderson v. Creighton - Oral Argument
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• Berkovitz v. United States - Oral Argument
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• Blatchford v. Native Village Of Noatak - Oral Argument
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• Block v. Neal - Oral Argument
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• Bogan and Roderick v. Scott-Harris - Oral Argument
  

  Janet Scott-Harris filed suit under 42 U.S.C. Section 1983 against the city of Fall River, Massachusetts, the city's mayor, Daniel Bogan, the vice president of the city counsel, Marilyn Roderick, and others, alleging that the elimination of the city department in which Scott-Harris was the sole employee was motivated by a desire to retaliate against her for exercising her First Amendment rights. The jury found the city, Bogan and Roderick liable on the First Amendment claim. The First Circuit set aside the verdict against the city, but affirmed the judgments against Bogan and Roderick. The court held that although Bogan and Roderick had absolute immunity from civil liability for their performance of legitimate legislative activities, their conduct in voting for and signing the ordinance that eliminated Scott-Harris's office was motivated by considerations relating to a particular individual and was therefore administrative rather than legislative in nature.

• Boyle v. United Technologies Corp. - Oral Argument
  

  Following the death of US Marine helicopter pilot David A. Boyle, Delbert Boyle sued the helicopter's manufacturer ("Sikorsky") for defectively designing its copilot emergency escape hatch. On appeal from a state-law based jury verdict favoring Boyle, the Court of Appeals found that Sikorsky could not be held liable under Virginia tort law for any design flaws since it met the requirements of the "military contractor defense." Boyle appealed; the Supreme Court granted certiorari.

• Boyle v. United Technologies Corp. - Oral Reargument
  

  Following the death of US Marine helicopter pilot David A. Boyle, Delbert Boyle sued the helicopter's manufacturer ("Sikorsky") for defectively designing its copilot emergency escape hatch. On appeal from a state-law based jury verdict favoring Boyle, the Court of Appeals found that Sikorsky could not be held liable under Virginia tort law for any design flaws since it met the requirements of the "military contractor defense." Boyle appealed; the Supreme Court granted certiorari.

• Bush v. Lucas - Oral Argument
  

  Bush, an aerospace engineer at the George C. Marshall Space Flight Center (Center), a facility operated by the National Aeronautics and Space Administration (NASA), made a series of public comments critical of the Center. Lucas, the Center_s director, demoted Bush on the ground that the comments were false and misleading. The Federal Employee Appeals Authority upheld the demotion, but the Civil Service Commission_s (CSC) Appeals Review Board later found that the demotion had violated his First Amendment rights. NASA accepted the Board_s recommendation that Bush be restored to his former position retroactively, with back pay. While his administrated appeal was pending, Bush brought suit against Lucas in Alabama state court, seeking to recover damages for violation of his First Amendment rights. Lucas removed the action to federal district court, which granted summary judgment for Lucas. The Fifth Circuit affirmed, holding that Bush had no cause of action for damages under the First Amendment in view of the available remedies under the CSC regulations.

• Butz v. Economou - Oral Argument
  

  Following a failed attempt by the Department of Agriculture to revoke or suspend his commodity futures commission company's registration, Arthur Economou sought damages against Earl Butz and several other federal administrative officials for wrongful initiation of administrative proceedings. On appeal from an adverse district court finding of absolute immunity for state officials, the New York Court of Appeals reversed as it found that federal administrators were only entitled to qualified immunity. Butz appealed and the Supreme Court granted certiorari.

• Central Green Co. v. United States - Oral Argument
  

  The Madera Canal, a federal facility leased to the Madera Irrigation District (MID), flows through Central Green Co.'s 1,000 acres of pistachio orchards in California. Central Green filed suit under the Federal Tort Claims Act against the United States and the MID alleging that their negligence in the canal's design, construction, and maintenance caused subsurface flooding resulting in damage to the orchards and increased operating costs. The Federal Government moved for judgment on the pleadings based on immunity granted by the Flood Control Act of 1928, which states that "no liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place." The complaint was then dismissed because the canal was a part of the Friant Division of the Central Valley Project, whose purpose was flood control. In affirming, the Court of Appeals held that although the canal serves no flood control purpose, immunity is attached solely because it is a branch of the larger project.

• Chappell v. Wallace - Oral Argument
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• Christopher v. Harbury - Oral Argument
  

  Jennifer Harbury, a United States citizen, is the widow of Efrain Bamaca-Velasquez, a Guatemalan rebel leader. Harbury alleged that Government officials intentionally deceived her in concealing information that her husband had been executed by Guatemalan army officers paid by the Central Intelligence Agency (CIA). Harbury also alleged that this deception denied her access to the courts by leaving her without information, or reason to seek information, with which she could have brought a lawsuit that might have saved her husband's life. Harbury filed suit, listing 28 causes of action, for the violation of her constitutional right of access to courts. With respect to the access-to-courts counts, the District Court held that Harbury had not stated a valid cause of action. Given that she had not filed a prior suit, the court reasoned that she could only guess how the alleged cover-up might have prejudiced her rights to bring a separate action and that the defendants would be entitled to qualified immunity. The Court of Appeals reversed only the dismissal of one of Harbury's claims for denial of access to courts.

• Cleavinger v. Saxner - Oral Argument
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• Clinton v. Jones - Oral Argument
  

  Paula Corbin Jones sued President Bill Clinton. She alleged that while she was an Arkansas state employee, she suffered several "abhorrent" sexual advances from then Arkansas Governor Clinton. Jones claimed that her continued rejection of Clinton's advances ultimately resulted in punishment by her state supervisors. Following a District Court's grant of Clinton's request that all matters relating to the suit be suspended, pending a ruling on his prior request to have the suit dismissed on grounds of presidential immunity, Clinton sought to invoke his immunity to completely dismiss the Jones suit against him. While the District Judge denied Clinton's immunity request, the judge ordered the stay of any trial in the matter until after Clinton's Presidency. On appeal, the Eighth Circuit affirmed the dismissal denial but reversed the trial deferment ruling since it would be a "functional equivalent" to an unlawful grant of temporary presidential immunity.

• Conn and Najera v. Gabbert - Oral Argument
  

  Los Angeles County Deputy District Attorneys David Conn and Carol Najera, prosecutors in the retrial of the Menendez brothers, learned that Lyle Menendez had written a letter to Traci Baker, in which he may have instructed her to testify falsely at the first trial. After being subpoenaed to testify before a grand jury and to produce any correspondence that she had received from Menendez, Baker responded that she had given all of Menendez's letters to her attorney, Paul L. Gabbert. When Baker appeared as directed before the grand jury, accompanied by Gabbert, Conn directed police to secure a warra