Court : US Supreme Court
Decided on : Jun-23-1999
..... properly concluded that congress enacted the patent remedy act to secure the fourteenth amendment's protections against deprivations of property without due process of law. the fourteenth amendment provides in relevant part: "section 1. ... no state shall ... deprive any person of life, liberty, or property, without due process of law. "section 5. the congress shall have ..... association of the bar of the city of new york by leon friedman, louis a. craco, jr., and james f. parver. 631 a patent for its financing methodology, designed to guarantee investors sufficient funds to cover the costs of tuition for colleges. petitioner florida prepaid postsecondary education expense board (florida prepaid) is an entity created by the state of florida ..... act under three sources of constitutional authority: the patent clause, art. i, 8, cl. 8; the interstate commerce clause, art. i, 8, cl. 3; and 5 of the fourteenth amend- 636 636 florida prepaid postsecondary ed. expense ed. v. college savings eank ment. see s. rep., at 7-8; h. r. rep., at 39 ..... 1970); city of rome v. united states, 446 u. s. 156 (1980). 640 640 florida prepaid postsecondary ed. expense ed. v. college savings eank by the principle that the propriety of any 5 legislation " 'must be judged with reference to the historical experience ... it reflects.'" id., at 525. the underlying conduct at issue here is state infringement of patents and the use of sovereign immunity to deny patent owners compensation for the invasion of their patent .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-07-1999
Amoco Production Co. v. Southern Ute Tribe - 526 U.S. 865 (1999) OCTOBER TERM, 1998 Syllabus AMOCO PRODUCTION CO., ON BEHALF OF ITSELF AND THE CLASS IT REPRESENTS v. SOUTHERN UTE INDIAN TRIBE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 98-830. Argued April 19, 1999-Decided June 7, 1999 Land patents issued to western settlers pursuant to the Coal Lands Acts of 1909 and 1910 conveyed the land and everything in it, except the "coal," which was reserved to the United States. Patented lands included reservation lands previously ceded by respondent Southern Ute Indian Tribe to the United States. In 1938, the United States restored to the Tribe, in trust, title to ceded reservation lands still owned by the Government, including the reserved coal in lands patented under the 1909 and 1910 Acts. These lands contain large quantities of coalbed methane gas (CEM gas) within the coal formations. At the time of the 1909 and 1910 Acts, such gas was consid...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-13-1999
California Dental Assn. v. FTC - 526 U.S. 756 (1999) OCTOBER TERM, 1998 Syllabus CALIFORNIA DENTAL ASSOCIATION v. FEDERAL TRADE COMMISSION CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 97-1625. Argued January 13, 1999-Decided May 24,1999 Petitioner California Dental Association (CDA), a nonprofit association of local dental societies to which about three-quarters of the State's dentists belong, provides desirable insurance and preferential financing arrangements for its members, and engages in lobbying, litigation, marketing, and public relations for members' benefit. Members agree to abide by the CDA's Code of Ethics, which, inter alia, prohibits false or misleading advertising. The CDA has issued interpretive advisory opinions and guidelines relating to advertising. Respondent Federal Trade Commission brought a complaint, alleging that the CDA violated 5 of the Federal Trade Commission Act (Act), 15 U. S. C. 45, in applying its guidelines so ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1999
Olmstead v. L. C. - 527 U.S. 581 (1999) OCTOBER TERM, 1998 Syllabus OLMSTEAD, COMMISSIONER, GEORGIA DEPARTMENT OF HUMAN RESOURCES, ET AL. V. L. C., BY ZIMRING, GUARDIAN AD LITEM AND NEXT FRIEND, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 98-536. Argued April 21, 1999-Decided June 22, 1999 In the Americans with Disabilities Act of 1990 (ADA), Congress described the isolation and segregation of individuals with disabilities as a serious and pervasive form of discrimination. 42 U. S. C. 12101(a)(2), (5). Title II of the ADA, which proscribes discrimination in the provision of public services, specifies, inter alia, that no qualified individual with a disability shall, "by reason of such disability," be excluded from participation in, or be denied the benefits of, a public entity's services, programs, or activities. 12132. Congress instructed the Attorney General to issue regulations implementing Title II's discrimination proscriptio...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-10-1999
Dickinson v. Zurko - 527 U.S. 150 (1999) OCTOBER TERM, 1998 Syllabus DICKINSON, ACTING COMMISSIONER OF PATENTS AND TRADEMARKS v. ZURKO ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 98-377. Argued March 24, 1999-Decided June 10, 1999 In reviewing a Patent and Trademark Office (PTO) decision to deny respondents' patent application, the Federal Circuit analyzed the PTO's factual finding using a "clearly erroneous" standard of review, which generally governs appellate review of district court findings of fact (court/court review), rather than the less stringent standards set forth in the Administrative Procedure Act (APA), which permit a court to set aside agency findings of fact found to be arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence (court/agency review), 5 U. S. C. 706. The court found the PTO's factual finding to be clearly erroneous. Held: The Federal Circuit must use the framework set forth in...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1999
Sutton v. United Air Lines, Inc. - 527 U.S. 471 (1999) OCTOBER TERM, 1998 Syllabus SUTTON ET AL. v. UNITED AIR LINES, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 97-1943. Argued April 28, 1999-Decided June 22, 1999 Petitioners, severely myopic twin sisters, have uncorrected visual acuity of 20/200 or worse, but with corrective measures, both function identically to individuals without similar impairments. They applied to respondent, a major commercial airline carrier, for employment as commercial airline pilots but were rejected because they did not meet respondent's minimum requirement of uncorrected visual acuity of 20/100 or better. Consequently, they filed suit under the Americans with Disabilities Act of 1990 (ADA), which prohibits covered employers from discriminating against individuals on the basis of their disabilities. Among other things, the ADA defines a "disability" as "a physical or mental impairment that substantially limits o...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-19-1999
American Mfrs. Mut. Ins. Co. v. Sullivan - 526 U.S. 40 (1999) OCTOBER TERM, 1998 Syllabus AMERICAN MANUFACTURERS MUTUAL INSURANCE CO. ET AL. v. SULLIVAN ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 97-2000. Argued January 19, 1999-Decided March 3,1999 Under Pennsylvania's Workers' Compensation Act, once an employer becomes liable for an employee's work-related injury-because liability either is not contested or is no longer at issue-the employer or its insurer must pay for all "reasonable" and "necessary" medical treatment. To assure that only medical expenses meeting these criteria are paid, and in an attempt to control costs, Pennsylvania has amended its workers' compensation system to provide that a self-insured employer or private insurer (collectively insurer) may withhold payment for disputed treatment pending an independent "utilization review," as to which, among other things, the insurer files a one-page request for review with the...
Tag this Judgment!Court : US Supreme Court
Decided on : May-17-1999
Saenz v. Roe - 526 U.S. 489 (1999) OCTOBER TERM, 1998 Syllabus SAENZ, DIRECTOR, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, ET AL. v. ROE ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 98-97. Argued January 13, 1999-Decided May 17, 1999 California, which has the sixth highest welfare benefit levels in the country, sought to amend its Aid to Families with Dependent Children (AFDC) program in 1992 by limiting new residents, for the first year they live in the State, to the benefits they would have received in the State of their prior residence. Cal. Welf. & Inst. Code Ann. 11450.03. Although the Secretary of Health and Human Services approved the change-a requirement for it to go into effect-the Federal District Court enjoined its implementation, finding that, under Shapiro v. Thompson, 394 U. S. 618 , and Zobel v. Williams, 457 U. S. 55 , it penalized "the decision of new res...
Tag this Judgment!Court : US Supreme Court
Decided on : Oct-13-1999
Kimel v. Florida Bd. of Regents - 528 U.S. 62 (1999) OCTOBER TERM, 1999 Syllabus KIMEL ET AL. v. FLORIDA BOARD OF REGENTS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 98-791. Argued October 13, 1999-Decided January 11,2000* The Age Discrimination in Employment Act of 1967 (ADEA or Act), as amended, makes it unlawful for an employer, including a State, "to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual ... because of such individual's age." 29 U. S. C. 623(a)(I). Petitioners, three sets of plaintiffs, filed suit under the ADEA against respondents, their state employers. Petitioners' suits sought money damages for respondents' alleged discrimination on the basis of age. Respondents in all three cases moved to dismiss the suits on the basis of the Eleventh Amendment. The District Court in one case granted the motion to dismiss, while in each of the remaining cases the District Court d...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-14-1999
Cunningham v. Hamilton County - 527 U.S. 198 (1999) OCTOBER TERM, 1998 Syllabus CUNNINGHAM v. HAMILTON COUNTY, OHIO CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 98-727. Argued April 19, 1999-Decided June 14, 1999 When petitioner, an attorney representing a plaintiff, failed to comply with certain discovery orders, the Magistrate Judge granted the respondent's motion for sanctions against petitioner under Federal Rule of Civil Procedure 37(a)(4). The District Court affirmed the sanctions order and also disqualified petitioner as counsel. Although the District Court proceedings were ongoing, petitioner immediately appealed the order affirming the sanctions award. Because federal appellate court jurisdiction is ordinarily limited to appeals from "final decisions of the district courts," 28 U. S. C. 1291, the Sixth Circuit dismissed for lack of jurisdiction. It held that the sanctions order was not immediately appealable under the collateral order do...
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