Court : US Supreme Court
Decided on : Jun-18-1990
Lilly & Co. v. Medtronic, Inc. - 496 U.S. 661 (1990) U.S. Supreme Court Lilly & Co. v. Medtronic, Inc., 496 U.S. 661 (1990) Eli Lilly and Company v. Medtronic, Inc. No. 89-243 Argued Feb. 26, 1990 Decided June 18, 1990 496 U.S. 661 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT Syllabus Claiming infringement of two of its patents, petitioner Eli Lilly's predecessor-in-interest filed suit to enjoin respondent Medtronic's testing and marketing of a medical device. Medtronic defended on the ground that its activities were undertaken to develop and submit to the Government information necessary to obtain premarketing approval for the device under 515 of the Federal Food, Drug, and Cosmetic Act (FDCA), and were therefore exempt from a finding of infringement under 35 U.S.C. 271(e)(1), which authorizes the manufacture, use, or sale of a patented device "solely for uses reasonably related to the development and submission of information under a Federal...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-14-1990
..... iii the boren amendment to the medicaid act creates a right, enforceable in a private cause of action pursuant to 1983, to have the state adopt rates that it finds are reasonable and adequate rates to meet the costs of an efficient and economical health care provider. the judgment of the court of appeals is accordingly affirmed. [ footnote 1 ] section 1983 provides in relevant part: "every ..... new rates and, in the interim, to reimburse medicaid providers at rates commensurate with payments under the medicare program. id. at 34-39, app. 20-22. petitioners filed a motion to dismiss or in the alternative a motion for summary judgment on the ground that 42 u.s.c. 1983 does ..... 2d 1357, 1363 (ca9 1979); minnesota assn. of health care facilities v. minnesota dept. of public welfare, 602 f.2d. 150, 154 (ca8 1979); hospital assn. of new york state, inc. v. toia, 577 f.2d 790 (ca2 1978); massachusetts ..... a 1983 action for declaratory and injunctive relief brought by health care providers. pp. 496 u. s. 508 -524. (a) section 1983 -- which provides a cause of action for the "deprivation of any rights . . . secured by [federal] laws" -- is inapplicable if (1) the statute in question does not create enforceable "rights" within 1983's ..... 397 u. s. 397 , 397 u. s. 412 -415 (1970); see also 2a c. sands, sutherland statutory construction 45.12 (4th ed. 1984). petitioners acknowledge that a state may not make, or submit assurances based on, a patently false finding, see tr. of oral arg. 7, but insist .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1990
Dole v. United Steelworkers - 494 U.S. 26 (1990) U.S. Supreme Court Dole v. United Steelworkers, 494 U.S. 26 (1990) Dole v. United Steelworkers of America No. 88-1434 Argued Nov. 6, 1989 Decided Feb. 21, 1990 494 U.S. 26 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Pursuant to the Occupational Safety and Health Act of 1970, petitioner Department of Labor (DOL) promulgated a Hazard Communications Standard, which imposed disclosure requirements on manufacturers aimed at ensuring that their employees were informed of the potential hazards posed by chemicals in the workplace. Among other things, the Standard required the manufacturers to label hazardous chemical containers, conduct training on the chemicals' dangers, and make available to employees safety data sheets on the chemicals. Respondents and others challenged the Standard in the Court of Appeals. The court held that the Occupational Safety and Health Administration (OSHA) had not adeq...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-25-1990
..... clear, unequivocal, and convincing evidence to set aside, annul or correct a patent or other title to property issued by the government in order to secure settled expectations concerning property rights); marcum v. zaring, 406 ..... , the protection of interests of innocent third parties and the maintenance of the ethical integrity of the medical profession. see section 459.055(1), rsmo 1986; brophy, 497 n.e.2d at 634. in this case, ..... position of the american academy of neurology on certain aspects of the care and management of the persistent vegetative state patient, 39 neurology 125 (jan.1989). see also council on ethical and judicial affairs of the american medical association ..... 423 (1979) (quoting in re winship, 397 u. s. 358 , 397 u. s. 370 (1970) (harlan, j., concurring)). "this court has mandated an intermediate standard of proof -- 'clear and convincing evidence ..... a person exhibits motor reflexes but evinces no indications of significant cognitive function. the state is bearing the cost of her care. hospital employees refused, without court approval, to honor the request of cruzan's parents, ..... similar party will have been appointed as the sole representative of the incompetent individual in the litigation. in such cases, a guardian may act in entire good faith, and yet not maintain a position truly adversarial to that of the family. indeed, as noted by the court ..... 1164, 1168 (1986). [ footnote 3/5 ] see e.g, canterbury v. spence, 150 u.s.app.d.c. 263, 271, 464 f.2d 772, 780, cert .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-25-1990
Hodgson v. Minnesota - 497 U.S. 417 (1990) U.S. Supreme Court Hodgson v. Minnesota, 497 U.S. 417 (1990) Hodgson v. Minnesota Nos. 88-1125, 88-1309 Argued Nov. 29, 1989 Decided June 25, 1990 497 U.S. 417 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Subdivision 2 of Minn.Stat. 144.343 provides that no abortion shall be performed on a woman under 18 years of age until at least 48 hours after both of her parents have been notified. The two-parent notice requirement is mandatory unless, inter alia, the woman declares that she is a victim of parental abuse or neglect, in which event notice of her declaration must be given to the proper authorities. Subdivision 6 provides that, if a court enjoins the enforcement of subdivision 2, the same two-parent notice requirement is effective unless a court of competent jurisdiction orders the abortion to proceed without notice upon proof by the minor that she is "mature and capable of giving informed co...
Tag this Judgment!Court : US Supreme Court
Decided on : May-14-1990
Atlantic Richfield v. USA Petroleum - 495 U.S. 328 (1990) U.S. Supreme Court Atlantic Richfield v. USA Petroleum, 495 U.S. 328 (1990) Atlantic Richfield Company v. USA Petroleum Company No. 88-1668 Argued Dec. 4, 1989 Decided May 14, 1990 495 U.S. 328 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Petitioner Atlantic Richfield Company (ARCO), an integrated oil company, increased its retail gasoline sales and market share by encouraging its dealers to match the prices of independents such as respondent USA Petroleum Company, which competes directly with the dealers at the retail level. When USA's sales dropped, it sued ARCO in the District Court, charging, inter alia, that the vertical, maximum price-fixing scheme constituted a conspiracy in restraint of trade in violation of 1 of the Sherman Act. The court granted summary judgment to ARCO, holding that USA could not satisfy the "antitrust injury" requirement for purposes of a private dama...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1990
Zinermon v. Burch - 494 U.S. 113 (1990) U.S. Supreme Court Zinermon v. Burch, 494 U.S. 113 (1990) Zinermon v. Burch No. 87-1965 Argued Oct. 11, 1989 Decided Feb. 27, 1990 494 U.S. 113 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus Respondent Burch, while allegedly medicated and disoriented, signed forms requesting admission to, and treatment at, a Florida state mental hospital, in apparent compliance with state statutory requirements for "voluntary" admission to such facilities. After his release, he brought suit under 42 U.S.C. 1983 in the District Court against, inter alios, petitioners -- physicians, administrators, and staff members at the hospital -- on the ground that they had deprived him of his liberty without due process of law. The complaint alleged that they violated state law by admitting him as a voluntary patient when they knew or should have known that he was incompetent to give informed consent to his admission, and tha...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-04-1990
American Trucking Ass'ns v. Smith - 496 U.S. 167 (1990) U.S. Supreme Court American Trucking Ass'ns v. Smith, 496 U.S. 167 (1990) American Trucking Associations, Inc. v. Smith No. 88-325 Argued March 22, 1989 Reargued Dec. 6, 1989 Decided June 4, 1990 496 U.S. 167 CERTIORARI TO THE SUPREME COURT OF ARKANSAS Syllabus In 1983, petitioners brought suit in an Arkansas Chancery Court, alleging that the flat tax portion of that State's Highway Use Equalization (HUE) tax discriminated against interstate commerce in violation of the Commerce Clause by imposing on out-of-state truckers greater per-mile costs than those imposed on in-state truckers, who are likely to drive many more miles on the State's highways. Petitioners sought a refund of all HUE taxes paid. In affirming the Chancery Court's ruling that the tax was constitutional, the State Supreme Court relied on this Court's decisions upholding flat taxes in Capitol Greyhound Lines v. Brice, 339 U. S. 542 , Aero Mayflower ...
Tag this Judgment!Court : US Supreme Court
Decided on : May-21-1990
..... enter the market, and there is no indication that the government has made any attempt to secure other out-of-state suppliers. the cost of the labels is approximately three to five cents if purchased from the state treasurer, and the ..... to deal or increase of prices announced in 1986 can be attributed plausibly to this requirement alone. [ footnote 2/11 ] section 2 of the twenty-first amendment provides: "the transportation or importation into any state, territory, or possession of the united ..... on sales of liquor to the military on bases where the united states and mississippi exercise concurrent jurisdiction. . . . " ". . . [i]t is a 'patently bizarre' and 'extraordinary conclusion' to suggest that the twenty-first amendment abolished federal immunity as respects taxes on sales to the ..... expression of a general principle of implied intergovernmental immunity. under 28 u.s.c. 2281 (1970 ed.), a three-judge court was required whenever a state statute was sought to be enjoined "upon ..... purchases of distilled spirits for installations in hawaii and alaska and of beer and wine for installations throughout the united states. act of oct. 30, 1986, pub.l. 99-591, 9090, 100 stat. 3341-116 ..... 375 . we reach the same conclusion as to the concurrent jurisdiction bases to which art. i, 8, cl. 17, does not apply: "'nothing in the language of the [twenty-first] amendment nor in its ..... procurement costs would not be unduly affected. h.r.rep. no. 99-718, pp. 183-184 (1986); h.r.conf.rep. no. 99-1001, pp. 39, .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1990
United States v. Kokinda - 497 U.S. 720 (1990) U.S. Supreme Court United States v. Kokinda, 497 U.S. 720 (1990) United States v. Kokinda No. 88-2031 Argued Feb. 26, 1990 Decided June 27, 1990 497 U.S. 720 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondents, members of a political advocacy group, set up a table on a sidewalk near the entrance to a United States Post Office to solicit contributions, sell books and subscriptions to the organization's newspaper, and distribute literature on a variety of political issues. The sidewalk is the sole means by which customers may travel from the parking lot to the post office building and lies entirely on Postal Service property. When respondents refused to leave the premises, they were arrested and subsequently convicted by a Federal Magistrate of violating, inter alia, 39 CFR 232.1(h)(1), which prohibits solicitation on postal premises. The District Court affirmed the convictions. It reje...
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