Court : US Supreme Court
Decided on : Jun-17-1988
Christianson v. Colt Indus. - 486 U.S. 800 (1988) U.S. Supreme Court Christianson v. Colt Indus., 486 U.S. 800 (1988) Christianson v. Colt Industries Operating Corp. No. 87-499 Argued April 18, 1988 Decided June 17, 1988 486 U.S. 800 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT Syllabus The principal statutes involved in this case, which arises from a jurisdictional dispute between Courts of Appeals, are 28 U.S.C. 1295(a)(1) -- granting the Federal Circuit exclusive jurisdiction over an appeal from a final decision of a federal district court "if the jurisdiction of that court was based, in whole or in part, on" 28 U.S.C. 1338 -- and 1338(a), which grants the district courts original jurisdiction of any civil action "arising under" any federal statute relating to patents. Respondent (Colt), which is the leading manufacturer, seller, and marketer of "M16" rifles and their parts and accessories, held and developed patents relating to the rifle, ...
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1988
Patrick v. Burget - 486 U.S. 94 (1988) U.S. Supreme Court Patrick v. Burget, 486 U.S. 94 (1988) Patrick v. Burget No. 86-1145 Argued February 22, 1988 Decided May 16, 1988 486 U.S. 94 CERTIORARI TO THE UNITED STATES COURT OF APPEALF FOR THE NINTH CIRCUIT Syllabus Petitioner, an Astoria, Oregon, surgeon, declined an invitation by respondents to join them as a partner in the Astoria Clinic, and instead began an independent practice in competition with the Clinic. Thereafter, petitioner experienced difficulties in his professional dealings with Clinic physicians, culminating in respondents' initiation of, and participation in, peer review proceedings to terminate petitioner's privileges at Astoria's only hospital (a majority of whose staff members were employees or partners of the Clinic), on the ground that his care of his patients was below the hospital's standards. Petitioner filed suit in Federal District Court, alleging that respondents had violated 1 and 2 of the Sherma...
Tag this Judgment!Court : US Supreme Court
Decided on : Oct-22-1988
United States ex Rel. Dunlap v. Black - 128 U.S. 40 (1988) U.S. Supreme Court United States ex Rel. Dunlap v. Black, 128 U.S. 40 (1888) United States ex Rel. Dunlap v. Black Nos. 991-993 Argued October 12, 1888 Decided October 22, 1988 128 U.S. 40 ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA Syllabus The courts will not interfere by mandamus with the executive officers of the government in the exercise of their ordinary official duties, even where those duties require an interpretation of the law, no appellate power being given them for that purpose. When an executive officer of the government refuses to act at all in a case in which the law requires him to act, or when, by special statute or otherwise, a mere ministerial duty is imposed upon him -- that is, a service which he is bound to perform without further question -- if he refuses, mandamus lies to compel him to his duty. The Commissioner of Pensions, by receiving the application of a pensioner for an inc...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1988
Bowen v. Massachusetts - 487 U.S. 879 (1988) U.S. Supreme Court Bowen v. Massachusetts, 487 U.S. 879 (1988) Bowen v. Massachusetts No. 87-712 Argued April 20, 1988 Decided June 29, 1988 * 487 U.S. 879 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus The federal contribution (referred to as a "reimbursement") to a State's Medicaid program takes the form of advances based on the State's estimate of its future expenditures for covered services. Overpayments may be withheld from future advances, or, if a disallowance dispute develops, may be retained by the State at its option pending resolution of the dispute. After Massachusetts was reimbursed by the Department of Health and Human Services (HHS) for its expenditures for particular services during two time periods, HHS subsequently disallowed the reimbursements on the ground that the services in question were not covered by the Medicaid statute or HHS regulations. The Departmental Grant Appeals ...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-04-1988
Bethesda Hosp. Ass'n v. Bowen - 485 U.S. 399 (1988) U.S. Supreme Court Bethesda Hosp. Ass'n v. Bowen, 485 U.S. 399 (1988) Bethesda Hosp. Ass'n v. Bowen No. 86-1764 Argued February 29, 1988 Decided April 4, 1988 485 U.S. 399 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Under the Medicare program of the Social Security Act, a qualified provider of health care services, in order to obtain reimbursement from the Secretary of Health and Human Services for its cost of providing covered services to Medicare patients, must submit an annual cost report to a fiscal intermediary, usually a private insurance company acting as the Secretary's agent. The intermediary then audits the cost report and determines the amount of reimbursement due to the provider. The statute, 42 U.S.C. 1395 oo (1982 ed. and Supp. III), authorizes the provider to appeal to the Provider Reimbursement Review Board. The Board may affirm, modify, or reverse the intermediary's d...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-22-1988
Boos v. Barry - 485 U.S. 312 (1988) U.S. Supreme Court Boos v. Barry, 485 U.S. 312 (1988) Boos v. Barry No. 86-803 Argued November 9, 1987 Decided March 22, 1988 485 U.S. 1988 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus District of Columbia Code 22-1115 makes it unlawful, within 500 feet of a foreign embassy, either to display any sign that tends to bring the foreign government into "public odium" or "public disrepute" (display clause), or to congregate and refuse to obey a police dispersal order (congregation clause). Petitioners, who wish to engage in conduct that would violate both clauses, filed suit in Federal District Court against respondent city officials, asserting a facial First Amendment challenge to 22-1115. The court granted respondents' motion for summary judgment, and the Court of Appeals affirmed, concluding that both clauses were constitutional. Held: The judgment is affirmed in part and reversed in par...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1988
..... . page 487 u. s. 139 a section 1983 creates a species of liability in favor of persons ..... to the deprivation of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party ..... pp. 487 u. s. 146 -150. (f) application of wisconsin's statute ..... costs." brief for respondents 12. the decision to subject state subdivisions to liability for violations of federal rights, however, was a choice that congress, not the wisconsin legislature, made, and it is a decision that the state has no authority to override. thus, however understandable or laudable the state's interest in controlling liability expenses might otherwise be, it is patently ..... act] be available in a state court to found a right, and the record shows a lapse of page 487 u. s. 154 time after which the [a]ct says that no action shall be maintained, the action must fail in the courts of a state as in those of the united states." atlantic coast line r. co. v. burnette, 239 u. s. 199 , 239 u. s. 201 (1915). see also engel v. davenport, 271 u. s. 33 , 271 u. s. 38 -39 ..... incompatible with the compensatory goals of the federal legislation, as are the means the state has chosen to effectuate it. page 487 u. s. 144 this incompatibility is revealed by the design of the notice of claim statute itself, which operates as a condition precedent to recovery in all actions brought in state court against governmental entities or officers. sambs v. nowak, 47 wis.2d 158, 167, 177 n.w.2d 144, 149 (1970 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1988
Coy v. Iowa - 487 U.S. 1012 (1988) U.S. Supreme Court Coy v. Iowa, 487 U.S. 1012 (1988) Coy v. Iowa No. 86-6757 Argued January 13, 1988 Decided June 29, 1988 487 U.S. 1012 APPEAL FROM THE SUPREME COURT OF IOWA Syllabus Appellant was charged with sexually assaulting two 13-year-old girls. At appellant's jury trial, the court granted the State's motion, pursuant to a 1985 state statute intended to protect child victims of sexual abuse, to place a screen between appellant and the girls during their testimony, which blocked him from their sight but allowed him to see them dimly and to hear them. The court rejected appellant's argument that this procedure violated the Confrontation Clause of the Sixth Amendment, which gives a defendant the right "to be confronted with the witnesses against him." Appellant was convicted of two counts of lascivious acts with a child, and the Iowa Supreme Court affirmed. Held: 1. The Confrontation Clause, by its words, provides a criminal defendan...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1988
Bowen v. Kendrick - 487 U.S. 589 (1988) U.S. Supreme Court Bowen v. Kendrick, 487 U.S. 589 (1988) Bowen v. Kendrick No. 87-253 Argued March 30, 1988 Decided June 29, 1988 * 487 U.S. 589 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Syllabus A group of federal taxpayers, clergymen, and the American Jewish Congress (hereinafter appellees) filed this action in Federal District Court, seeking declaratory and injunctive relief, and challenging the constitutionality, under the Religion Clauses of the First Amendment, of the Adolescent Family Life Act (AFLA or Act), which authorizes federal grants to public or nonprofit private organizations or agencies for services and research in the area of premarital adolescent sexual relations and pregnancy. The Act provides, inter alia, that a grantee must furnish certain types of services, including various types of counseling and education relating to family life and problems associated with adolescent premar...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1988
Ross v. Oklahoma - 487 U.S. 81 (1988) U.S. Supreme Court Ross v. Oklahoma, 487 U.S. 81 (1988) Ross v. Oklahoma No. 86-5309 Argued January 19, 1988 Reargued April 18, 1988 Decided June 22, 1988 487 U.S. 81 CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF OKLAHOMA Syllabus Petitioner was charged with the capital offense of first-degree murder. An Oklahoma statute provides both parties in capital trials with nine peremptory challenges to prospective jurors. After the trial court denied petitioner's motion to remove for cause prospective juror Huling, who had declared that he would vote to impose death automatically if the jury found petitioner guilty, the defense exercised one of its peremptory challenges to remove him. Although the defense used all nine of its challenges, it did not challenge for cause any of the 12 jurors who actually heard the case. At the close of jury selection, the trial court overruled the objection of petitioner, who is black, that the composition of th...
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