Traditional Governmental Functions

22 Florida cases classified under this topic · sorted by citation count · browse and sort

• Bonnette v. Cal. Health & Welf. Agency & Mario Obledo
  704 F.2d 1465· 9th Cir.· 1983-05-05 ·cited 58×
  State and county agencies were joint employers of chore workers under the FLSA, and the Tenth Amendment did not exempt them from minimum wage provisions because the program was not a traditional governmental function. The attorneys' fee award was not an abuse of discretion.
• Johnson Controls, Inc. v. City OF Cedar Rapids
  713 F.2d 370· 8th Cir.· 1983-08-02 ·cited 40×
  The court held that the mandatory arbitration clause, not the voluntary one, governed the dispute, and that compelling arbitration did not violate the Tenth Amendment.
• Davids v. Stan Akers
  549 F.2d 120· 9th Cir.· 1977-01-13 ·cited 24×
  Federal courts cannot intervene in state legislative decisions regarding committee appointments, as this infringes upon the state legislature's constitutional right to determine its own rules and procedures.
• Williams v. Eastside Mental Health Ctr., Inc.
  669 F.2d 671· 11th Cir.· 1982-03-05 ·cited 22×
• Austin v. City OF Bisbee
  855 F.2d 1429· 9th Cir.· 1988-08-29 ·cited 18×
  The court held that the Garcia decision should not be applied retroactively to public employees engaged in traditional governmental functions, and that Congress could constitutionally amend the FLSA to postpone liability under Garcia without violating due process.
• Kramer v. Pagliaro
  677 F.2d 308· 3d Cir.· 1982-04-30 ·cited 18×
  The court held that operating a local mass transit system is not a traditional governmental function, thus the Fair Labor Standards Act's overtime provisions can apply to state and local transit authorities.
• Vittorio Mineo v. Port Auth. OF NEW York & NEW Jersey
  779 F.2d 939· 3d Cir.· 1985-12-27 ·cited 14×
  The court held that the Fair Labor Standards Act (FLSA) applies to Port Authority police detectives, and the Supreme Court's decision in Garcia should be applied retroactively.
• Swin Res. Sys., Inc. v. Lycoming Cnty.
  883 F.2d 245· 3d Cir.· 1989-08-25 ·cited 12×
  The operation of a landfill by Lycoming County is not protected by the market participant exception to the dormant Commerce Clause because it unduly burdens interstate commerce and is indistinguishable from prior cases limiting the exception.
• Vernon W. Dove and Other v. Chattanooga Area Reg'l Transp. Auth. (Carta)
  701 F.2d 50· 6th Cir.· 1983-03-04 ·cited 12×
  The court held that summary judgment was inappropriate because recent Supreme Court precedent limits the application of the Tenth Amendment immunity to traditional governmental functions, and operating a mass transit system, especially one historically private and now federally a
• Pub. Serv. Co. OF N.C., Inc. v. Fed. Energy Regulatory Comm'n
  587 F.2d 716· 5th Cir.· 1979-01-11 ·cited 10×
  A state that consents to the interstate dedication of its gas, even if not a 'natural gas company,' must obtain FERC approval before abandoning that service.
• Wash. State Dairy Prods. Comm'n v. United States
  685 F.2d 298· 9th Cir.· 1982-08-24 ·cited 8×
  The court held that the Washington State Dairy Products Commission is not exempt from federal telephone excise tax because it does not possess significant sovereign powers or perform traditional governmental functions, and thus imposing the tax does not unduly interfere with stat
• Garcia v. SAN Antonio Metro. Transit Auth.
  838 F.2d 1411· 5th Cir.· 1988-03-09 ·cited 6×
  The court affirmed the district court's decision, holding that the Supreme Court's decision in Garcia v. SAMTA should not be applied retroactively to SAMTA's past conduct under the Chevron Oil factors.
• Jefferson Cnty. Pharm. Ass'n, Inc. v. Abbott Labs.
  656 F.2d 92· 5th Cir.· 1981-08-31 ·cited 6×
  The court held that the Robinson-Patman Act does not apply to purchases made by governmental bodies for their own consumption or traditional governmental purposes. It also found that a trade association lacked standing to sue in its own right, but that antitrust claims could be a
• Francis v. City OF Tallahassee
  424 So. 2d 61· Fla. 1st DCA· 1982-12-10 ·cited 4×
  Bus drivers employed by the City of Tallahassee's public transit system appeal a summary judgment ruling that they are not covered by the Fair Labor Standards Act's overtime pay provisions. The court reversed, holding that public mass transit systems are not traditional governmen
• In re Glidden v. Glidden
  653 F.2d 85· 2d Cir.· 1981-06-25 ·cited 4×
  The court held that the Bankruptcy Reform Act provision allowing discharge of assigned child support obligations does not violate the Tenth or Eleventh Amendments.
• Kneeland v. Nat'l Collegiate Athletic Ass'n
  850 F.2d 224· 5th Cir.· 1988-07-26 ·cited 2×
  The court held that while funds paid by Texas public universities to the NCAA and SWC are public funds, the NCAA and SWC themselves are not governmental bodies subject to the Texas Open Records Act because they provide specific, measurable services in exchange for those funds, ra
• Wilcox v. Terrytown Fifth Dist. Volunteer Fire Dep't, Inc.
  897 F.2d 765· 5th Cir.· 1990-04-03