Opinion · Supreme Court of the United States

International Ass'n of Machinists & Aerospace Workers Pension Plan v. Shaw

471 U.S. 1137

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1985-06-03
Topic
bankruptcy

holding that, “[t]he Legislature is presumed to have been aware of existing legislation at the time it adopted [the statute].” | stating that Legislature is presumed to be aware of existing legislation at time statute is enacted | stating that Legislature is presumed to be aware of existing legislation at time statute is enacted | stating that the Legislature is presumed to be aware of legislation existing at the time that a statute is enacted | noting that the Legislature is presumed to be aware of existing legislation at the time a statute is enacted | noting that a repeal by implication requires “clear and compelling evidence of the legislative intent, and such intent must be free from reasonable doubt” and stating that “[e]very reasonable construction should be applied to avoid a finding of implied repealer” | a repeal by implication requires clear and compelling evidence of the legislative intent free from reasonable doubt | since the Jones Act allows for recovery of only pecuniary damages, punitive damages, as they are nonpecuniary, are not recoverable under the Jones Act | a repeal by implication requires clear and compelling evidence of the legislative intent free from reasonable doubt | functionality is a question of fact

Citator

Cited by
64 opinions

C. A. 9th Cir. Certiorari denied.