Court : US Supreme Court
Decided on : Jun-22-1978
Beth Israel Hosp. v. NLRB - 437 U.S. 483 (1978) U.S. Supreme Court Beth Israel Hosp. v. NLRB, 437 U.S. 483 (1978) Beth Israel Hospital v. National Labor Relations Board No. 77-152 Argued April 24 1978 Decided June 22, 1978 437 U.S. 483 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Petitioner nonprofit hospital had a written rule that prohibited employees from soliciting and distributing literature except in certain employee locker rooms and certain adjacent restrooms. The cafeteria was the common gathering place of employees, and had been used by petitioner or with its approval for solicitation and distribution of literature to employees for various nonunion purposes. After an employee had made general distribution in the cafeteria to other employees of a union newsletter and had been warned that she had violated the hospital's rule, and would be dismissed if she did so again, the National Labor Relations Board (NLRB), following a charge by...
Tag this Judgment!Court : US Supreme Court
Decided on : Oct-30-1978
NLRB v. Baylor Univ. Med. Ctr. - 439 U.S. 9 (1978) U.S. Supreme Court NLRB v. Baylor Univ. Med. Ctr., 439 U.S. 9 (1978) National Labor Relations Board v. Baylor University Medical Center No. 78-80 Decided October 30, 1978 439 U.S. 9 ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Court of Appeals' judgment refusing to enforce the National Labor Relations Board's order invalidating the operation of respondent hospital's no-solicitation rule in its cafeteria is vacated. The case is remanded solely for reconsideration of the restriction on solicitation in the cafeteria in light of Beth Israel Hospital v. NLRB, 437 U. S. 483 . Certiorari granted in part; 188 U.S.App.D.C. 109, 578 F.2d 351, vacated in part and remanded. PER CURIAM. Upon a complaint issued by the National Labor Relations Board and on the basis of a substantial record of evidence before a Hearing Examiner, the Board held that respondent's ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jul-03-1978
California v. United States - 438 U.S. 645 (1978) U.S. Supreme Court California v. United States, 438 U.S. 645 (1978) California v. United States No. 77-285 Argued March 28, 1978 Decided July 3, 1978 438 U.S. 645 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The United States Bureau of Reclamation applied to the California State Water Resources Control Board for a permit to appropriate water that would be impounded by the New Melones Dam, a unit of the California Central Valley Project. Congress specifically directed that the Dam be constructed and operated pursuant to the Reclamation Act of 1902, which established a program for federal construction and operation of reclamation projects to irrigate arid western land. Section 8 of that Act provides that "nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1978
St. Paul Fire & Marine Ins. Co. v. Barry - 438 U.S. 531 (1978) U.S. Supreme Court St. Paul Fire & Marine Ins. Co. v. Barry, 438 U.S. 531 (1978) St. Paul Fire & Marine Insurance Co. v. Barry No. 77-240 Argued March 27, 1978 Decided June 29, 1978 438 U.S. 531 CERTIORARI TO THE UNITED STATE COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Respondents, licensed physicians practicing in Rhode Island and their patients, brought a class action against petitioners, four insurance companies writing medical malpractice insurance in the State, alleging a conspiracy in violation of the Sherman Act in which three of the four companies refused to deal on any terms with the policyholders of the fourth as a means of compelling them to submit to new ground rules set by the fourth, whereby coverage on an "occurrence" basis would not be renewed and coverage would issue only on a "claims made" basis. Petitioners' motion to dismiss the antitrust claim on the ground that it was barred by the McCa...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1978
Butz v. Economou - 438 U.S. 478 (1978) U.S. Supreme Court Butz v. Economou, 438 U.S. 478 (1978) Butz v. Economou No. 76-709 Argued November 7, 1977 Decided June 29, 1978 438 U.S. 478 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus After an unsuccessful Department of Agriculture proceeding to revoke or suspend the registration of respondent's commodity futures commission company, respondent filed an action for damages in District Court against petitioner officials (including the Secretary and Assistant Secretary of Agriculture, the Judicial Officer, the Chief Hearing Examiner who had recommended sustaining the administrative complaint, and the Department attorney who had prosecuted the enforcement proceeding), alleging, inter alia, that, by instituting unauthorized proceedings against him, they had violated various of his constitutional rights. The District Court dismissed the action on the ground that the individual defendants, as federal ...
Tag this Judgment!Court : US Supreme Court
Decided on : May-31-1978
Andrus v. Charlestone Stone Products Co. - 436 U.S. 604 (1978) U.S. Supreme Court Andrus v. Charlestone Stone Products Co., 436 U.S. 604 (1978) Andrus v. Charlestone Stone Products Co., No. 77-380 Argued April 18, 1978 Decided May 31, 1978 436 U.S. 604 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The basic federal mining statute, 30 U.S.C. 22, which derives from an 1872 law, provides that "all valuable mineral deposits in lands belonging to the United States . . . shall be free and open to exploration and purchase." Respondent, after purchasing a. number of mining claims, discovered water on one of them (Claim 22) and used the water to prepare for commercial sale the sand and gravel removed from the claims. On review of unfavorable administrative decisions against respondent's claims in proceedings challenging their validity, the District Court held, inter alia, that respondent was entitled to access to Claim 22's water, and the Court o...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-01-1978
Board of Curators, Univ. of Missouri v. Horowitz - 435 U.S. 78 (1978) U.S. Supreme Court Board of Curators, Univ. of Missouri v. Horowitz, 435 U.S. 78 (1978) Board of Curators of the University of Missouri v. Horowitz No. 76-695 Argued November 7, 1977 Decided March 1, 1978 435 U.S. 78 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The academic performance of students at the University of Missouri-Kansas City Medical School is periodically assessed by the Council of Evaluation, a faculty-student body that can recommend various actions, including probation and dismissal; its recommendations are reviewed by the faculty Coordinating Committee, with ultimate approval by the Dean. After several faculty members had expressed dissatisfaction with the clinical performance of respondent medical student during a pediatrics rotation, the Council recommended that she be advanced to her final year on a probationary basis. Following further faculty dissa...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-11-1978
Pfizer Inc. v. Government of India - 434 U.S. 308 (1978) U.S. Supreme Court Pfizer Inc. v. Government of India, 434 U.S. 308 (1978) Pfizer Inc. v. Government of India No. 76-749 Argued November 1, 1977 Decided January 11, 1978 434 U.S. 308 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus A foreign nation otherwise entitled to sue in the courts of this country held to be a "person" within the meaning of 4 of the Clayton Act, and thus to be entitled to sue for treble damages under the federal antitrust laws to the same extent as any other plaintiff. Pp. 434 U. S. 311 -320. (a) Though no statutory provision or legislative history clearly covers the question whether a foreign nation is a "person" as the word is used in 4 (which gives "any person" injured by antitrust violations the right to sue in district courts), Congress intended the word to have a broad and inclusive meaning, and in light of the antitrust laws' expansive remedial purpo...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-1978
Reported in : AIR1982SC1444; (1979)2SCC511; [1979]2SCR757
R.S. Sarkaria, J.1. These two appeals on certificate arise out of a common judgment and decree, dated January 18, 1966, of a Division Bench of the High Court of Allahabad. The facts material to these appeals may be set out as under:2. M/s. Hindustan Metal Industries, respondent herein, (hereinafter called the plantiff) is a registered partnership firm carrying on the business of manufacturing brass and German silver utensils at Mirzapur. M/s. Biswanath Prasad Radhey Shyam, appellant herein, (hereinafter called the defendant) is a concern carrying on the business of manufacturing dishes and utensils in Mirzapur.3. On August 8, 1953, the plaintiff instituted a suit for injunction and damages, preceded by a notice, served on the defendant on September 9, 1952, in the Court of the District Judge, Allahabad, within whose jurisdiction Mirzapur is situated, with these allegations:4. The old method of manufacturing utensils, partciularly shallow dishes, was to turn scrap and polish them on som...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-12-1978
Reported in : AIR1978SC248; (1979)1SCC171; [1979]1SCR617
Chinnappa Reddy, J.1. The old question 'what is compensation' is back again. Fortunately, Constitutional Amendments and Judicial precedents have narrowed the scope for controversy. The question has arisen this way :2. The appellant, the Oriental Gas Company Ltd. was originally constituted in England by a deed of settlement in April 1853, as the Oriental Gas Company for the purpose of manufacture, supply distribution and sale of fuel gas in Calcutta. It was later incorporated in accordance with the provisions of the English Joint Stock Companies Act, 1862. By a subsequent arrangement the control and management of the Company passed from British into Indian hands. Over the course of the years the Company acquired extensive properties and became the owner of large plants, machinery, buildings, lands pipelines, stores etc. The total market value of the appellant's industrial undertaking was estimated by the appellant as on 22nd March, 1962, at Rs. 7,00,00,000/-. In 1958, the Government of ...
Tag this Judgment!