Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 150 security for costs Court: us supreme court Year: 1990 Page 1 of about 60 results (0.224 seconds)

Wilder Vs. Virginia Hosp. Ass'n

Court : US Supreme Court

..... 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 .....

Dole Vs. United Steelworkers

Court : US Supreme Court

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...

Cruzan Vs. Director, Mdh

Court : US Supreme Court

..... 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 .....

Hodgson Vs. Minnesota

Court : US Supreme Court

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...

Lilly and Co. Vs. Medtronic, Inc.

Court : US Supreme Court

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...

Atlantic Richfield Vs. Usa Petroleum

Court : US Supreme Court

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...

Ashoka Marketing Ltd. and Another Vs. Punjab National Bank and Others

Court : Supreme Court of India

Reported in : AIR1991SC855; [1992]74CompCas482(SC); JT1990(3)SC417; 1990(2)SCALE200; (1990)4SCC406; [1990]3SCR649

ORDER1. The common question which arises for consideration in these appeals, by special leave, and the writ petition filed under Article 32 of the Constitution is, whether a person who was inducted as a tenant in premises, which are public premises for the purpose of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the 'Public Premises Act'), and whose tenancy has expired or has been terminated, can be evicted from the said premises as being a person in unauthorised occupation of the premises under the provisions of the Public Premises Act and whether such a person can invoke the protection of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'Rent Control Act'). In short, the question is, whether the provisions of the Public Premises Act would override the provisions of the Rent Control Act in relation to premises which fall within the ambit of both the enactments.2. Civil Appeals Nos. 2368 and 2369 of 1986 relate to the pre...

Raj Kumar Rajinder Singh Vs. State of Himachal Pradesh and Others

Court : Supreme Court of India

Reported in : AIR1990SC1833; JT1990(3)SC215; 1990(2)SCALE95; (1990)4SCC320; [1990]3SCR469

ORDER1. This appeal by special leave is directed against the judgment of the Division Bench of the High Court of Himachal Pradesh in Regular First Appeal No. 7 of 1970 arising out of Suit No. 11 of 1987. The appellant-original plaintiff-is the second son of late Raja Padam Singh, the ex-ruler of Bushahr State. He filed a suit on 18th November, 1964 principally against the Union of India and the Government of the Union Territory of Himachal Pradesh for a declaration of his proprietary rights in about 1720 acres of forest land situate in Khatas Nos. 1 & 2, Khataunis Nos. 1 to 25 comprising 106 plots, both measured and unmeasured, bearing Khasra Nos. 1, 2, 6, 23, 30, 34, 44, 108,218,222, 309, 341, 409,479, 606, 433,241,732/280, 736/394 and 728/402 of Chak Addu, tehsil Rampur, in the present district of Mahasu in Himachal Pradesh. He traced his title to the said lands to a Patta executed by his father on 14th Maghar 1999, Bikrami, i.e. 28th November 1942 A.D., and to the Order No. 5158 of ...

Hamda Ammal Vs. Avadiappa Pathar and 3 ors.

Court : Supreme Court of India

Reported in : 1991(39)BLJR615; JT1990(4)SC391; (1991)1MLJ52(SC); 1990(2)SCALE970; (1991)1SCC715; [1990]Supp2SCR594

N.M. Kasliwal, J.1. This Civil Appeal by special leave is directed against the judgment of High Court of Judicature at Madras dated 24th December, 1982. This case raises a short but an important question of law. We would narrate only such facts of the case which are necessary for the disposal of the question of law raised in the case. The 'appellant Hamda Ammal purchased the suit property from the respondents Govindraju Pathar, Muthulinga Asari and Gurusami Pathar (hereinafter referred to as the vendors) by a sale deed executed in her favour on 9.9.1970. Hamda Ammal got the sale deed registered on 26.10.1970. Before registration of the sale deed, respondent Avadiappa filed a money suit for the recovery of Rs. 5,200/- on 13.9.1970, against the vendors andobtained attachment before judgment of the property in question on 17.9.1970. Subsequently the aforesaid money suit filed by Avadiappa was also decreed in his favour. The question which calls for consideration is whether Hamda Ammal is ...

Awadh Prasad Singh and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Reported in : AIR1990SC1256; JT1990(3)SC483; 1990LabIC1027; (1990)IILLJ249SC; 1990(1)SCALE587; (1990)3SCC294; [1990]2SCR193

ORDER1. Arguments heard. Special Leave granted.2. This appeal on Special Leave is directed against the Judgment and Order dated April 1, 1987 passed by the High Court, Patna in C.W.J.C. No.4097/1985 allowing the writ petition in part. The subject matter of the writ petition is the gradation list dated 9.1.1986 of the Inspectors of Excise by which the Government of Bihar has finally fixed the inter se seniority of the petitioners (respondents in this Appeal) who were promoted vis-a-vis the respondents Nos. 3 and 4 (appellants in this appeal) who are promoted to posts of Inspectors of Excise in 5% quota for promotion from the posts of Upper Division Assistants of Excise Department in the said Civil Writ Petition.3. The matrix of this case in short is that the appellants Nos. 1 and 2 who were respondents 3 and 4 of the writ petition were promoted to the posts of Excise Inspectors from among the Upper Division Assistants of the Excise Department against the vacancies of the year 1974-75 an...