Court : US Supreme Court
Decided on : Jan-22-2003
Pharmaceutical Research and Mfrs. of America v. Walsh - 538 U.S. 644 (2003) OCTOBER TERM, 2002 Syllabus PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA v. WALSH, ACTING COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 01-188. Argued January 22, 2003-Decided May 19,2003 A State participating in Medicaid must have a medical assistance plan approved by the Secretary of Health and Human Services (HHS). In response to increasing Medicaid expenditures for prescription drugs, Congress enacted a cost-saving measure in 1990 that requires drug companies to pay rebates to States on their Medicaid purchases. States have since enacted supplemental rebate programs to achieve additional cost savings on Medicaid purchases and purchases for other needy citizens. The purpose of the "Maine Rx" Program is to reduce prescription drug prices for state residents. Under the program, Maine will attempt to negotiat...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-07-2003
Virginia v. Black - 538 U.S. 343 (2003) OCTOBER TERM, 2002 Syllabus VIRGINIA v. BLACK ET AL. CERTIORARI TO THE SUPREME COURT OF VIRGINIA No. 01-1107. Argued December 11, 2002-Decided April 7, 2003 Respondents were convicted separately of violating a Virginia statute that makes it a felony "for any person ..., with the intent of intimidating any person or group ... , to burn a cross on the property of another, a highway or other public place," and specifies that "[a]ny such burning ... shall be prima facie evidence of an intent to intimidate a person or group." When respondent Black objected on First Amendment grounds to his trial court's jury instruction that cross burning by itself is sufficient evidence from which the required "intent to intimidate" could be inferred, the prosecutor responded that the instruction was taken straight out of the Virginia Model Instructions. Respondent O'Mara pleaded guilty to charges of violating the statute, but reserved the right to challenge ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-02-2003
Dastar Corp. v. Twentieth Century Fox Film Corp. - 539 U.S. 23 (2003) OCTOBER TERM, 2002 Syllabus DASTAR CORP. v. TWENTIETH CENTURY FOX FILM CORP. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 02-428. Argued April 2, 2003-Decided June 2, 2003 General Dwight D. Eisenhower's World War II book, Crusade in Europe, was published by Doubleday, which registered the work's copyright and granted exclusive television rights to an affiliate of respondent Twentieth Century Fox Film Corporation (Fox). Fox, in turn, arranged for Time, Inc., to produce a Crusade in Europe television series based on the book, and Time assigned its copyright in the series to Fox. The series was first broadcast in 1949. In 1975, Doubleday renewed the book's copyright, but Fox never renewed the copyright on the television series, which expired in 1977, leaving the series in the public domain. In 1988, Fox reacquired the television rights in the book, including the exclusive ri...
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-26-2003
Scheidler v. National Organization for Women, Inc. - 537 U.S. 393 (2003) OCTOBER TERM, 2002 Syllabus SCHEIDLER ET AL. v. NATIONAL ORGANIZATION FOR WOMEN, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 01-1118. Argued December 4, 2002-Decided February 26, 2003* Respondents, an organization that supports the legal availability of abortion and two facilities that perform abortions, filed a class action alleging that petitioners, individuals and organizations that oppose legal abortion, violated the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U. S. C. 1962(a), (c), and (d), by engaging in a nationwide conspiracy to shut down abortion clinics through "a pattern of racketeering activity" that included acts of extortion in violation of the Hobbs Act, 1951. In concluding that petitioners violated RICO's civil provisions, the jury found, among other things, that petitioners' alleged pattern of racketeering activity included...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-22-2003
Clackamas Gastroenterology Associates, P. C. v. Wells - 538 U.S. 440 (2003) OCTOBER TERM, 2002 Syllabus CLACKAMAS GASTROENTEROLOGY ASSOCIATES, P. C. v. WELLS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-1435. Argued February 25, 2003-Decided April 22, 2003 Respondent filed suit alleging that petitioner medical clinic violated the Americans with Disabilities Act of 1990 (ADA or Act) when it terminated her employment. Petitioner moved for summary judgment, asserting that it was not covered by the Act because it did not have 15 or more employees for the 20 weeks required by the ADA. That assertion's accuracy depends on whether the four physician-shareholders who own the professional corporation and constitute its board of directors are counted as employees. In granting the motion, the District Court concluded that the physicians were more analogous to partners in a partnership than to shareholders in a corporation and therefore were not employees ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-28-2003
Reported in : AIR2003SC2935; 2003(5)ALD83(SC); 105(2003)DLT645(SC); 2003(70)DRJ287; JT2003(6)SC130; 2003(5)SCALE515; (2003)7SCC151
Srikrishna, J.1. These appeals, though arising under different factual backgrounds, raise a common question of law and challenge the correctness of a judgment of the full bench of the Delhi High Court. The questions involved in all these appeals are:(i) 'Whether the cost of the plant and machinery installed in or upon a building is includible for the purpose of arriving at the rate able value of the building and(ii) Whether Section 116(3) of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'the DMC Act') Vests arbitrary and uncanalised discretion in Commissioner and is, therefore, invalid for excessive delegation of legislative powers ?'2. Civil Appeal Nos. 3313-3333/2000 & 3335 /2000The appellant company owned land in Delhi on which it constructed a cinema complex known as Delite Cinema Complex. The construction was completed in or about the year 1954. The company had installed certain plant and machinery, furniture and fixtures in the said construction of cinema ...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-10-2003
McConnell v. Federal Election Comm'n - 02-1674 (2003) SYLLABUS OCTOBER TERM, 2003 MCCONNELL V. FEDERAL ELECTION COMM'N SUPREME COURT OF THE UNITED STATES McCONNELL, UNITED STATES SENATOR, et al. v. FEDERAL ELECTION COMMISSION et al. appeal from the united states district court for the district of columbia No. 021674. Argued September 8, 2003Decided December 10, 2003 The Bipartisan Campaign Reform Act of 2002 (BCRA), which amended the Federal Election Campaign Act of 1971 (FECA), the Communications Act of 1934, and other portions of the United States Code, is the most recent of nearly a century of federal enactments designed to purge national politics of what [is] conceived to be the pernicious influence of big money campaign contributions. United States v. Automobile Workers, 352 U. S. 567 , 572. In enacting BCRA, Congress sought to address three important developments in the years since this Courts landmark decision in Buckley v. Valeo, 424 U. S. 1 (per curiam): ...
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