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 : 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-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
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-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 : 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 : Supreme Court of India
Decided on : Mar-30-1999
Reported in : AIR1999SC1160; JT1999(2)SC435; (1999)ILLJ1086SC; (1999)122PLR722; 1999(2)SCALE315; (1999)3SCC601; [1999]2SCR238; 1999(2)LC1089(SC); (1999)2UPLBEC1087
Umesh C. Banerjee, J.1. The doctrine of equality as enshrined in the Constitution promised an egalitarian society and the Contract Labour (Regulation & Abolition) Act, 1970 is the resultant effect of such a constitutional mandate having its due focus in that perspective. This Court in Minerva Mills' case : [1981]1SCR206 in no uncertain terms laid down that the equality clause in the Constitution does not speak of mere formal equality before the law but embodies the concept of real and substantive equality which strikes at the inequalities arising on account of vast social and economic differentiation and is thus consequently an essential ingredient of social and economic justice. In short, this Court has equated the security clause in the Constitution so as to mean that the people of the country ought to be secured of socio-economic justice by way of a' fusion of Fundamental Right and Directive Principles of State Policy. As a matter of fact this Court has been candid enough on more oc...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-05-1999
Reported in : AIR1999SC1734; 1999(3)SCALE123; (1999)4SCC458
ORDERBharucha, J.1. Under challenge is the principal judgment and order dated 30th July, 1982 of the High Court of Andhra Pradesh in the case of Electronics Corporation of India Ltd. (Civil Appeal No. 142 of 1983) and the orders following the principal judgment and order in the cases of M/s. Parel Investment and Trading Co. Limited (Civil Appeal No. 3937-38 of 1990) and Hindustan Shipyard Ltd. (Civil Appeal Nos. 3939-41 of 1990 and 3393 of 1991).2. It is enough to set out the facts pertaining to Civil Appeal No. 142 of 1983 filed by the Electronics Corporation of India Ltd. ('the appellant company') in as much as the same issue of law is involved in all the appeals and all the appellants are companies registered under the Companies Act.3. The Andhra Pradesh Non Agricultural Lands Assessment Act, 1963 ('the Act' defined 'owner' to include 'any person for the time being receiving or entitled to receive whether on his own account or as agent, or trustees, guardian, manager, receiver for a...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-10-1999
Reported in : AIR1999SC2894a; [1999]Supp1SCR249
Sujata V. Manohar, J. 1. Leave granted in SLP(C) No. 12231 of 1997.2. The following issue formulated by this Court at the commencement of hearing, requires consideration:The question is whether apart from providing reservation for admission to the Post Graduate Courses in Engineering and Medicine for special category candidates, it is open to the State to prescribe different admission criteria, in the sense of prescribing different minimum qualifying marks, for special category candidates seeking admission under the reserved category. This question certainly requires consideration of the Constitution Bench as it arises and is likely to arise in a number of cases in different institutions of the country and needs to be decided authoritatively keeping in view the observations made in three different two or three-Judge Bench judgments'. These judgments are Ajay Kumar Singh and Ors. v. State of Bihar and Ors. : [1994]3SCR57 , Dr. Sadhna Devi and Ors. v. State of U.P. and Ors. : [1997]2SCR1...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-20-1999
Reported in : AIR1999SC1715; [1999]96CompCas804(SC); (1999)3CompLJ287(SC); JT1999(3)SC168; 1999(2)SCALE667; (1999)4SCC383; [1999]2SCR750
ORDER1. The relevant facts need to be set out to appreciate what is involved in these appeals from the judgment and order of a Division Bench of the High Court at Calcutta.2. In June, 1985 a winding petition was filed against the first respondent company, now in liquidation ('the said company'). On 30th September, 1986 a mortgage suit (Title Suit No. 143 of 1986) was filed by the Punjab National Bank and the Bank of Baroda against the said company for recovery of the sum of Rs. 1,94,24,886,37 before the Subordinate Judge, Burdwan, On the same day a hypothecation suit (Suit No.737 of 1986) was filed by the United Bank of India, the Punjab National Bank and American Express against the said company for recovery of the sums of Rs. 20,46,010.31 and 17,87,796.49 in the Calcutta High Court. On the same day, a hypothecation suit (Suit No. 737 of 1986) was filed by the Allahabad Bank against the said company for recovery of the sums of Rs.29,18,360.65 and 11,64,370.00 in the Calcutta High Cour...
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