Court : US Supreme Court
Decided on : Apr-26-1995
New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. Co. - 514 U.S. 645 (1995) OCTOBER TERM, 1994 Syllabus NEW YORK STATE CONFERENCE OF BLUE CROSS & BLUE SHIELD PLANS ET AL. v. TRAVELERS INSURANCE CO. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 93-1408. Argued January 18, 1995-Decided April 26, 1995* A New York statute requires hospitals to collect surcharges from patients covered by a commercial insurer but not from patients insured by a Blue Cross/Blue Shield plan, and also subjects certain health maintenance organizations (HMO's) to surcharges. Several commercial insurers and their trade associations filed actions against state officials, claiming that 514(a) of the Employee Retirement Income Security Act of 1974 (ERISA)-under which state laws that "relate to" any covered employee benefit plan are superseded-pre-empts the imposition of surcharges on bills of patients whose commercial insurance coverage is purc...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-09-1995
Qualitex Co. v. Jacobson Products Co. - 514 U.S. 159 (1995) OCTOBER TERM, 1994 Syllabus QUALITEX CO. v. JACOBSON PRODUCTS CO., INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 93-1577. Argued January 9, 1995-Decided March 28,1995 Petitioner Qualitex Company has for years colored the dry cleaning press pads it manufactures with a special shade of green gold. Mter respondent Jacobson Products (a Qualitex rival) began to use a similar shade on its own press pads, Qualitex registered its color as a trademark and added a trademark infringement count to the suit it had previously filed challenging Jacobson's use of the green-gold color. Qualitex won in the District Court, but the Ninth Circuit set aside the judgment on the infringement claim because, in its view, the Trademark Act of 1946 (Lanham Act) does not permit registration of color alone as a trademark. Held: The Lanham Act permits the registration of a trademark that consists, purely and simp...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-19-1995
Celotex Corp. v. Edwards - 514 U.S. 300 (1995) OCTOBER TERM, 1994 Syllabus CELOTEX CORP. v. EDWARDS ET ux. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 93-1504. Argued December 6, 1994-Decided April 19, 1995 The United States District Court for the Northern District of Texas entered a judgment in favor of respondents and against petitioner Celotex Corp. To stay execution of the judgment pending appeal, petitioner posted a supersedeas bond, with an insurance company (Northbrook) serving as surety. Mter the Fifth Circuit affirmed the judgment, Celotex filed for Chapter 11 bankruptcy in the Bankruptcy Court for the Middle District of Florida. Exercising its equitable powers under 11 U. S. C. 105(a), the Bankruptcy Court issued an injunction, which, in pertinent part, prohibited judgment creditors from proceeding against sureties without the Bankruptcy Court's permission. Respondents thereafter filed a motion pursuant to Federal Rule of Civil Procedu...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-16-1995
Reported in : AIR1996SC2833; JT1995(8)SC563; (1997)IILLJ856SC; 1995(6)SCALE779; (1996)7SCC577; [1995]Supp5SCR367
ORDERK. Ramaswamy, J.1. Leave granted.2. This bunch of appeals pertains to 1363 employees, viz., Clerks (Class III) and Attendants (Class IV), All the cases arise from judgments of Division Bench of the Patna High Court dated May 6, 1994 in C.W.J.C. No. 5163/93 and batch. The principal villain behind the scene is one Dr. A.A. Mallick, Deputy Director, Health Department of the Government of Bihar, in charge of Tuberculosis. He was Director of the Tuberculosis center at Patna. Eradication of Tuberculosis was taken up as a part of 20-point programme in Planned Expenditure. The activities in the Tuberculosis center at Patna were extended to various districts. Since Mallick happened to be the Director of the center, he was made Deputy Director of the Scheme. The Government had also issued directions to the District Medical Officers to abide by the instructions of Mallick in implementation of the programme. He was made the Chairman of the Selection Committee constituted by the Government con...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-20-1995
Reported in : AIR1995SC2001; JT1995(5)SC1; 1995(4)SCALE1; 1995Supp(4)SCC286; [1995]Supp1SCR542
ORDERR.M. Sahai, J.1. When Lord Jesus Christ was asked by a youngman who was possessed of property what was the road to heaven, the Holy Bible records it in Chapter 19 of the New Testament - the Gospel According to St. Mathew thus,16. And, behold, one came and said unto him, Good Master, what good thing shall I do, that I may have eternal life?17. And he said unto him, Why cellist thou me good? there is none good but one, that is, God: but if thou wilt enter into life, keep the commandments.18. He saith unto him, Which? Jesus said, Thou shalt do no murder, Thou shalt not commit adultery, Thou shalt not steel, Thou shalt not bear false witness,19. Honour the father and thy mother: and, Thou shalt love thy neighbour as thyself.20. The young man saith unto him. All these things have I kept from my youth up: what lack I yet?21. Jesus said unto him, if thou wilt be perfect, go and sell that thou hast, and give to the poor, and thou shalt have treasure in heaven; and come and follow me.22. B...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1995
Reported in : AIR1996SC826; JT1995(9)SC73; 1995(7)SCALE72; (1996)1SCC399; [1995]Supp6SCR492
ORDERJ.S. Verma, J.1. This is an appeal by the returned candidate under Section 116A of the Representation of the People Act, 1951 (for short 'the R.P. Act') against the judgment dated 5th/6th August, 1991 in Election Petition No. 21 of 1990 by S.N. Variava, J. of the Bombay High Court whereby the election of the appellant to the Maharashtra Legislative Assembly from 49-Kurla Legislative Constituency held on 27.2.1990 has been declared to be void on the ground under Section 100(1)(b) for commission of corrupt practices under Sub-sections (3) and (3A) of the R.P. Act. By the said judgment, the learned Judge has decided the election petition and made the order under Section 98 declaring the election of the appellant to be void but the findings on issue Nos. 2 and 5 have been reserved for being recorded after the inquiry under Section 99 of the R.P. Act is concluded against Chhagan Bhujbal, Pramod Mahajan, Bal Thackeray, Manohar Joshi and Pramod Navalkar to whom notices have been issued u...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-1995
Reported in : AIR1995SC1715; 1995(2)CTC208; [1995(71)FLR211]; JT1995(4)SC348; (1995)IILLJ728SC; (1995)2MLJ48(SC); 1995(3)SCALE440; (1995)5SCC75; 1994Supp(1)SCC268; [1995]3SCR1118; 1995(2
B.P. Jeevan Reddy, J.1. Leave granted in all Special Leave Petitions.2. The respondents in these appeals are the employees of the appellant-corporation, viz., Rajasthan State Road Transport Corporation. Pursuant to disciplinary enquiries held against them on charges of misconduct, their services were terminated. They filed civil suits for a declaration that the order terminating their services is illegal and invalid and for a further declaration that they must be deemed to have continued and are still continuing in the service of the Corporation with all consequential benefits. The Corporation resisted the suits on the ground inter alia that the Civil Court had no jurisdiction to entertain the suits The Trial Court decreed the suits as prayed for. Appeals as also Second appeals preferred by the Corporation were dismissed by the learned District Judge and High Court.3. When these appeals came up for hearing before a Bench of two learned Judges of this Court, the appellant Corporation re...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-01-1995
Rosenberger v. Rector and Visitors of Univ. of Va. - 515 U.S. 819 (1995) OCTOBER TERM, 1994 Syllabus ROSENBERGER ET AL. v. RECTOR AND VISITORS OF UNIVERSITY OF VIRGINIA ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 94-329. Argued March 1, 1995-Decided June 29,1995 Respondent University of Virginia, a state instrumentality, authorizes payments from its Student Activities Fund (SAF) to outside contractors for the printing costs of a variety of publications issued by student groups called "Contracted Independent Organizations" (CIO's). The SAF receives its money from mandatory student fees and is designed to support a broad range of extracurricular student activities related to the University's educational purpose. CIO's must include in their dealings with third parties and in all written materials a disclaimer stating that they are independent of the University and that the University is not responsible for them. The University withheld autho...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-26-1995
United States v. Lopez - 514 U.S. 549 (1995) OCTOBER TERM, 1994 Syllabus UNITED STATES v. LOPEZ CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 93-1260. Argued November 8, 1994-Decided April 26, 1995 Mter respondent, then a 12th-grade student, carried a concealed handgun into his high school, he was charged with violating the Gun-Free School Zones Act of 1990, which forbids "any individual knowingly to possess a firearm at a place that [he] knows ... is a school zone," 18 U. S. C. 922(q)(I)(A). The District Court denied his motion to dismiss the indictment, concluding that 922(q) is a constitutional exercise of Congress' power to regulate activities in and affecting commerce. In reversing, the Court of Appeals held that, in light of what it characterized as insufficient congressional findings and legislative history, 922(q) is invalid as beyond Congress' power under the Commerce Clause. Held: The Act exceeds Congress' Commerce Clause authority. ...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-19-1995
McIntyre v. Ohio Elections Comm'n - 514 U.S. 334 (1995) OCTOBER TERM, 1994 Syllabus McINTYRE, EXECUTOR OF ESTATE OF McINTYRE, DECEASED v. OHIO ELECTIONS COMMISSION CERTIORARI TO THE SUPREME COURT OF OHIO No. 93-986. Argued October 12, 1994-Decided April 19, 1995 Mter petitioner's decedent distributed leaflets purporting to express the views of "CONCERNED PARENTS AND TAX PAYERS" opposing a proposed school tax levy, she was fined by respondent for violating 3599.09(A) of the Ohio Code, which prohibits the distribution of campaign literature that does not contain the name and address of the person or campaign official issuing the literature. The Court of Common Pleas reversed, but the Ohio Court of Appeals reinstated the fine. In affirming, the State Supreme Court held that the burdens 3599.09(A) imposed on voters' First Amendment rights were "reasonable" and "nondiscriminatory" and therefore valid. Declaring that 3599.09(A) is intended to identify persons who distribute campai...
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