Court : US Supreme Court
Decided on : May-23-1994
NLRB v. Health Care & Retirement Corp. of America - 511 U.S. 571 (1994) OCTOBER TERM, 1993 Syllabus NATIONAL LABOR RELATIONS BOARD v. HEALTH CARE & RETIREMENT CORPORATION OF AMERICA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 92-1964. Argued February 22, 1994-Decided May 23, 1994 Employees are considered "supervisors," and thus are not covered under the National Labor Relations Act, 29 U. S. C. 152(3), if they have authority, requiring the use of independent judgment, to engage in one of 12 listed activities and they hold the authority "in the interest of the employer," 152(11). Petitioner National Labor Relations Board has stated that a nurse's supervisory activity incidental to the treatment of patients is not authority exercised in the interest of the employer. Respondent owns and operates a nursing home at which staff nursesincluding the four nurses involved in this case-are the senior ranking employees on duty most of the time, ensure adequa...
Tag this Judgment!Court : US Supreme Court
Decided on : Oct-31-1994
Shalala v. Guernsey Memorial Hospital - 514 U.S. 87 (1994) OCTOBER TERM, 1994 Syllabus SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES v. GUERNSEY MEMORIAL HOSPITAL CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No.93-1251. Argued October 31, 1994-Decided March 6,1995 Mter the refinancing of its bonded debt resulted in a "defeasance" loss for accounting purposes, respondent health care provider (hereinafter Hospital) determined that it was entitled to Medicare reimbursement for part of that loss. Although the Hospital contended that it should receive its full reimbursement in the year of the refinancing, the fiscal intermediary agreed with petitioner Secretary of Health and Human Services that the loss had to be amortized over the life of the Hospital's old bonds in accord with an informal Medicare reimbursement guideline, PRM 233. The District Court ultimately sustained the Secretary's position, but the Court of Appeals reversed. Interpreting the Secr...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-01-1994
Fogerty v. Fantasy, Inc. - 510 U.S. 517 (1994) OCTOBER TERM, 1993 Syllabus FOGERTY v. FANTASY, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 92-1750. Argued December 8, 1993-Decided March 1, 1994 Mter petitioner Fogerty's successful defense of a copyright infringement action filed against him by respondent Fantasy, Inc., the District Court denied his motion for attorney's fees pursuant to 17 U. S. C. 505, which provides in relevant part that in such an action "the court may ... award a reasonable attorney's fee to the prevailing party as part of the costs." The Court of Appeals affirmed, declining to abandon its "dual" standard for awarding 505 fees-under which prevailing plaintiffs are generally awarded attorney's fees as a matter of course, while defendants must show that the original suit was frivolous or brought in bad faith-in favor of the so-called "evenhanded" approach, in which no distinction is made between prevailing plaintiffs and...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-22-1994
Shannon v. United States - 512 U.S. 573 (1994) OCTOBER TERM, 1993 Syllabus SHANNON v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 92-8346. Argued March 22, 1994-Decided June 24,1994 In the Insanity Defense Reform Act of 1984 (IDRA or Act), Congress made insanity an affirmative defense, created a special verdict of "not guilty only by reason of insanity" (NGI), and established a comprehensive civil commitment procedure. At his trial on a federal criminal charge, petitioner Shannon raised the insanity defense and asked the District Court to instruct the jury that an NGI verdict would result in his involuntary commitment. The court refused, and the jury returned a guilty verdict. In affirming, the Court of Appeals noted that, under its pre-IDRA precedent, juries were not to be instructed concerning the consequences of an insanity acquittal. Because there was no directive in the IDRA to the contrary, the court "adhere[d] to the establis...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-04-1994
Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore. - 511 U.S. 93 (1994) OCTOBER TERM, 1993 Syllabus OREGON WASTE SYSTEMS, INC. v. DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF OREGON ET AL. CERTIORARI TO THE SUPREME COURT OF OREGON No. 93-70. Argued January 18, 1994-Decided April 4, 1994* Oregon imposes a $2.25 per ton surcharge on the in-state disposal of solid waste generated in other States and an $0.85 per ton fee on the disposal of waste generated within Oregon. Petitioners sought review of the out-of-state surcharge in the State Court of Appeals, challenging the administrative rule establishing the surcharge and its enabling statutes under, inter alia, the Commerce Clause. The court upheld the statutes and rule, and the State Supreme Court affirmed. Despite the Oregon statutes' explicit reference to out-of-state waste's geographical location, the court reasoned, the surcharge's express nexus to actual costs incurred by state and local government...
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-29-1994
U.S. Term Limits, Inc. v. Thornton - 514 U.S. 779 (1994) OCTOBER TERM, 1994 Syllabus u. S. TERM LIMITS, INC., ET AL. v. THORNTON ET AL. CERTIORARI TO THE SUPREME COURT OF ARKANSAS No. 93-1456. Argued November 29, 1994-Decided May 22,1995* Respondent Hill filed this suit in Arkansas state court challenging the constitutionality of 3 of Amendment 73 to the Arkansas Constitution, which prohibits the name of an otherwise-eligible candidate for Congress from appearing on the general election ballot if that candidate has already served three terms in the House of Representatives or two terms in the Senate. The trial court held that 3 violated Article I of the Federal Constitution, and the Arkansas Supreme Court affirmed. A plurality of the latter court concluded that the States have no authority "to change, add to, or diminish" the age, citizenship, and residency requirements for congressional service enumerated in the Qualifications Clauses, U. S. Const., Art. I, 2, cl. 2, and Ar...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-18-1994
Thomas Jefferson Univ. v. Shalala - 512 U.S. 504 (1994) OCTOBER TERM, 1993 Syllabus THOMAS JEFFERSON UNIVERSITY, DBA THOMAS JEFFERSON UNIVERSITY HOSPITAL v. SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 93-120. Argued April 18, 1994-Decided June 24,1994 Medicare reimburses provider hospitals for the costs of certain educational activities, including the cost of graduate medical education (GME) services furnished by the hospital or its affiliated medical school, 42 CFR 413.85, 413.17(a). However, reimbursement of educational activities is limited by (1) an "anti-redistribution" principle, providing that the Medicare program's intent is to support activities that are "customarily or traditionally carried on by providers in conjunction with their operations," but that the program should not "participate in increased costs resulting from redistribution of costs from educational institutions ... to pa...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-19-1994
Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A. - 511 U.S. 164 (1994) OCTOBER TERM, 1993 Syllabus CENTRAL BANK OF DENVER, N. A. v. FIRST INTERSTATE BANK OF DENVER, N. A., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 92-854. Argued November 30, 1993-Decided April 19, 1994 As this Court has interpreted it, 10(b) of the Securities Exchange Act of 1934 imposes private civil liability on those who commit a manipulative or deceptive act in connection with the purchase or sale of securities. Following a public building authority's default on certain bonds secured by landowner assessment liens, respondents, as purchasers of the bonds, filed suit against the authority, the bonds' underwriters, the developer of the land in question, and petitioner bank, as the indenture trustee for the bond issues. Respondents alleged that the first three defendants had violated 10(b) in connection with the sale of the bonds, and that petitio...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-12-1994
Nebraska Dept. of Revenue v. Loewenstein - 513 U.S. 123 (1994) OCTOBER TERM, 1994 Syllabus NEBRASKA DEPARTMENT OF REVENUE v. LOEWENSTEIN CERTIORARI TO THE SUPREME COURT OF NEBRASKA No. 93-823. Argued October 11, 1994-Decided December 12, 1994 Respondent, a Nebraska resident, owns shares in mutual funds (Trusts) that earn some of their income by participating in "repurchase agreements" (repos) involving federal debt securities. In such a transaction, the party holding the securities (Seller-Borrower) transfers them to the Trusts in return for a specified amount of cash. At a later date, the Trusts deliver the securities back to the Seller-Borrower, who credits to the Trusts an amount equal to the cash transfer plus interest at an agreed-upon rate that bears no relation to the yield on the underlying securities. Ultimately, the Trusts' interest income is distributed to respondent in proportion to his shares in the Trusts. Mter petitioner issued a Revenue Ruling concluding that in...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-30-1994
..... 1970 on bills to extend the voting rights act, during which the allen case was repeatedly discussed, the act was extended for five years, without any substantive modification of 5") (footnote omitted); dougherty county ed. of ed. v. white, 439 u. s. 32 , 39 (1978) ("again in 1975, both the house and senate judiciary committees, in recommending extension of the act, noted with approval the 'broad interpretations to the scope of section ..... control of a similar 50% of the seats, would seem to us unfair. greater deviations from proportionality may appear more patently "absurd" than lesser, but the dividing line between what seems fair and what does not remains the same. the driving ..... holding a legislative apportionment plan violative of the fifteenth amendment).2o while the terms of 2(a) thus indicate that the section focuses only on securing access to the ballot, it might be argued that reenactment of 2 in 1982 should be understood as an endorsement of the interpretation contained ..... s project. in response to judicial decisions and the promptings of the justice department, the states themselves, in an attempt to avoid costly and disruptive voting rights act litigation, have begun to gerrymander electoral districts according to race. that practice now promises to embroil the courts in ..... . see u. s. const., art. i, 4, cl. 1. it was not until 1842 that congress determined that representatives should be elected from single-member districts in the states. see act of june 25, 1842, ch. 47, 5 stat .....
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