Court : US Supreme Court
Decided on : May-28-1991
Summit Health, Ltd. v. Pinhas - 500 U.S. 322 (1991) U.S. Supreme Court Summit Health, Ltd. v. Pinhas, 500 U.S. 322 (1990) Summit Health, Ltd. v. Pinhas No. 89-1679 Argued Nov. 26, 1990 Decided May 28, 1991 500 U.S. 322 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent Pinhas, an ophthalmologist on the staff of petitioner Midway Hospital Medical Center, filed a suit in the District Court, asserting a violation, inter alia, of 1 of the Sherman Act by Midway and other petitioners, including several doctors. The amended complaint alleged, among other things, that petitioners conspired to exclude Pinhas from the Los Angeles ophthalmological services market when he refused to follow an unnecessarily costly surgical procedure used at Midway; that petitioners initiated peer review proceedings against him which did not conform to congressional requirements and which resulted in the termination of his Midway staff privileges; that, at the t...
Tag this Judgment!Court : US Supreme Court
Decided on : May-23-1991
Rust v. Sullivan - 500 U.S. 173 (1991) U.S. Supreme Court Rust v. Sullivan, 500 U.S. 173 (1990) Rust v. Sullivan Nos. 89-1391, 89-1392 Argued Oct. 30, 1990 Decided May 23, 1991 500 U.S. 173 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Section 1008 of the Public Health Service Act specifies that none of the federal funds appropriated under the Act's Title X for family-planning services "shall be used in programs where abortion is a method of family planning." In 1988, respondent Secretary of Health and Human Services issued new regulations that, inter alia, prohibit Title X projects from engaging in counseling concerning, referrals for, and activities advocating abortion as a method of family planning, and require such projects to maintain an objective integrity and independence from the prohibited abortion activities by the use of separate facilities, personnel, and accounting records. Before the regulations could be applied, petitioner...
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Decided on : Mar-20-1991
United States v. Smith - 499 U.S. 160 (1991) U.S. Supreme Court United States v. Smith, 499 U.S. 160 (1991) United States v. Smith No. 89-1646 Argued Nov. 7, 1990 Decided March 20, 1991 499 U.S. 160 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondents Smith filed suit in the District Court against one Dr. Marshall, alleging that he had negligently injured respondent Dominique Smith during his birth at a United States Army hospital in Italy. The court granted the Government's motion to substitute itself for Marshall pursuant to the Gonzalez Act, which provides that, in a suit against military medical personnel for employment-related torts, the Government is to be substituted as the defendant and the suit is to proceed under the Federal Tort Claims Act (FTCA). The court then dismissed the suit on the ground that the FTCA excludes recovery for injuries sustained abroad. The Court of Appeals reversed, holding that neither the Gonzalez Act ...
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Decided on : Feb-20-1991
Dennis v. Higgins - 498 U.S. 439 (1991) U.S. Supreme Court Dennis v. Higgins, 498 U.S. 439 (1991) No. 89-1555 Argued October 31, 1990 Decided February 20, 1991 498 U.S. 439 CERTIORARI TO THE SUPREME COURT OF NEBRASKA Syllabus Petitioner motor carrier filed suit in a Nebraska trial court, claiming, inter alia, that certain "retaliatory" taxes and fees the State imposed on motor carriers and vehicles such as his, which are registered in other States but operate in Nebraska, constituted an unlawful burden on interstate commerce and that respondents were liable under 42 U.S.C. 1983. Among other things, the court concluded that the taxes and fees violated the Commerce Clause and permanently enjoined respondents from assessing, levying, or collecting them; but it dismissed petitioner's 1983 claim. The State Supreme Court affirmed the dismissal, holding that there is no cause of action under 1983 for Commerce Clause violations because the Clause allocates power between the Stat...
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Decided on : Nov-04-1991
..... maryland v. louisiana, 451 u. s., at 760; lewis v. bt investment managers, inc., 447 u. s. 27 , 39-42 (1980). as we have only recently reaffirmed: "our cases ... indicate that where discrimination is patent, as it is here, neither a widespread advantage to in-state interests nor a widespread disadvantage to out-of-state competitors need be shown .... varying ..... falls far shorter of meeting the zone-of-interests 471 test than did that of the plaintiff postal union in air courier conference, supra, at 528: whereas the latter's interest in securing employment for postal workers, although distinct from the statute's goal of providing postal services to the citizenry, at least coincided with that goal a good amount of the time, here ..... calculated on a btu (british thermal unit) basis." section 939.1 further provides: "cost increases to consumers and impairment of certain contracts prohibited "the cost to the entity shall not increase cost to the consumer or exceed the energy cost of existing long-term contracts for out-of-state coal preference including preference given oklahoma vendors as provided in section 85.32 of title 74 of the oklahoma statutes." the ..... marks omitted). the "zone-of-interests" formulation first appeared in cases brought under 10 of the administrative procedure act, 5 u. s. c. 702, see association of data processing service organizations, inc. v. camp, 397 u. s. 150 , 153 (1970), but we have subsequently made clear that the same test similarly governs claims under the .....
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Decided on : Jun-24-1991
Blatchford v. Native Village of Noatak - 501 U.S. 775 (1991) U.S. Supreme Court Blatchford v. Native Village of Noatak, 501 U.S. 775 (1991) Blatchford v. Native Village of Noatak No. 89-1782 Argued February 19, 1991 Decided June 24, 1991 501 U.S. 775 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondents, Alaska Native villages, brought suit against petitioner, a state official, seeking an order requiring payment to them of money allegedly owed under a state revenue-sharing statute. The District Court dismissed the suit as violating the Eleventh Amendment. The Court of Appeals reversed, first on the ground that 28 U.S.C. 1362 constituted a congressional abrogation of Eleventh Amendment immunity, and then, upon reconsideration, on the ground that Alaska had no immunity against suits by Indian tribes. Held: 1. The Eleventh Amendment bars suits by Indian tribes against States without their consent. Respondents' argument that traditional ...
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Decided on : Dec-02-1991
Suter v. Artist M. - 503 U.S. 347 (1991) OCTOBER TERM, 1991 Syllabus SUTER ET AL. v. ARTIST M. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 90-1488. Argued December 2, 1991-Decided March 25,1992 The Adoption Assistance and Child Welfare Act of 1980 provides that a State will be reimbursed by the Federal Government for certain expenses it incurs in administering foster care and adoption services, if it submits a plan for approval by the Secretary of Health and Human Services. Among its requisite features, an approved plan must provide that it "shall be in effect in all" of a State's political subdivisions and "be mandatory upon them," 42 U. S. C. 671 (a)(3), and that "reasonable efforts will be made" to prevent removal of children from their homes and to facilitate reunification of families where removal has occurred, 671(a)(15). Respondents, child beneficiaries of the Act, sought declaratory and injunctive relief, alleging that petition...
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Decided on : Jun-24-1991
Coleman v. Thompson - 501 U.S. 722 (1991) U.S. Supreme Court Coleman v. Thompson, 501 U.S. 722 (1991) Coleman v. Thompson No. 89-7662 Argued Feb. 25, 1991 Decided June 24, 1991 501 U.S. 722 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus After a Buchanan County jury convicted petitioner Coleman of capital murder, he was sentenced to death, and the Virginia Supreme Court affirmed. He then filed a habeas corpus action in the County Circuit Court, which, after a 2-day evidentiary hearing, ruled against him on numerous federal constitutional claims that he had not raised on direct appeal. He filed a notice of appeal with that court 33 days after it entered its final judgment, and subsequently filed a petition for appeal in the Virginia Supreme Court. The Commonwealth moved to dismiss the appeal on the sole ground that the notice of appeal was untimely under the Supreme Court's Rule 5:9(a), which requires that such a notice be filed within 30 day...
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Decided on : Jun-20-1991
Gregory v. Ashcroft - 501 U.S. 452 (1991) U.S. Supreme Court Gregory v. Ashcroft, 501 U.S. 452 (1991) Gregory v. Ashcroft No. 90-50 Argued March 18, 1991 Decided June 20, 1991 501 U.S. 452 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Article V, 26 of the Missouri Constitution provides a mandatory retirement age of 70 for most state judges. Petitioners, judges subject to 26, were appointed by the Governor and subsequently were retained in office by means of retention elections in which they ran unopposed, subject only to a "yes or no" vote. Along with other state judges, they filed suit against respondent Governor, alleging that 26 violated the federal Age Discrimination in Employment Act of 1967 (ADEA) and the Equal Protection Clause of the Fourteenth Amendment. The District Court granted the Governor's motion to dismiss, ruling that there was no ADEA violation because Missouri's appointed judges are not covered "employees" within the ...
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Decided on : Apr-01-1991
Powers v. Ohio - 499 U.S. 400 (1991) U.S. Supreme Court Powers v. Ohio, 499 U.S. 400 (1991) Powers v. Ohio No. 89-5011 Argued Oct. 9, 1990 Decided April 1, 1991 499 U.S. 400 CERTIORARI TO THE COURT OF APPEALS OF OHIO, FRANKLIN COUNTY Syllabus During jury selection at his state court trial for aggravated murder and related offenses, petitioner Powers, a white man, objected to the State's use of peremptory challenges to remove seven black venirepersons from the jury. Powers' objections, which were based on Batson v. Kentucky, 476 U. S. 79 , were overruled, the impaneled jury convicted him on several counts, and he was sentenced to prison. On appeal, he contended that the State's discriminatory use of peremptories violated, inter alia, the Fourteenth Amendment's Equal Protection Clause, and that his own race was irrelevant to the right to object to the peremptories. The Ohio Court of Appeals affirmed his conviction. Held: Under the Equal Protection Clause, a criminal de...
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