Us Supreme Court Court February 2000 Judgments
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Shalala Vs. Illinois Council on Long Term Care, Inc.
Court: US Supreme Court
Decided on: Feb-29-2000
Shalala v. Illinois Council on Long Term Care, Inc. - 529 U.S. 1 (2000) CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 1999 Syllabus SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. ILLINOIS COUNCIL ON LONG TERM CARE, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 98-1109. Argued November 8, 1999-Decided February 29, 2000 Under the Medicare Act's special review provisions, a nursing home that is "dissatisfied ... with a determination described in subsection (b)(2)" is "entitled to a hearing ... to the same extent as is provided in" the Social Security Act, 42 U. S. C. 405(b), "and to judicial review of the Secretary's final decision after such hearing as is provided in section 405(g) .... " 42 U. S. C. 1395cc(h)(1) (emphasis added). The crossreferenced subsection (b)(2) gives petitioner Secretary of Health and Human Services (HHS) power to terminate a provider agreement with a home where, for examp...
Rice Vs. Cayetano
Court: US Supreme Court
Decided on: Feb-23-2000
Rice v. Cayetano - 528 U.S. 495 (2000) OCTOBER TERM, 1999 Syllabus RICE v. CAYETANO, GOVERNOR OF HAWAII CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 98-818. Argued October 6, 1999-Decided February 23, 2000 The Hawaiian Constitution limits the right to vote for nine trustees chosen in a statewide election. The trustees compose the governing authority of a state agency known as the Office of Hawaiian Mfairs, or OHA. The agency administers programs designed for the benefit of two subclasses of Hawaiian citizenry, "Hawaiians" and "native Hawaiians." State law defines "native Hawaiians" as descendants of not less than one-half part of the races inhabiting the islands before 1778, and "Hawaiians"-a larger class that includes "native Hawaiians"-as descendants of the peoples inhabiting the Hawaiian Islands in 1778. The trustees are chosen in a statewide election in which only "Hawaiians" may vote. Petitioner Rice, a Hawaiian citizen without the requisite ...
Christensen Vs. Harris County
Court: US Supreme Court
Decided on: Feb-23-2000
Christensen v. Harris County - 529 U.S. 576 (2000) OCTOBER TERM, 1999 Syllabus CHRISTENSEN ET AL. v. HARRIS COUNTY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-1167. Argued February 23, 2000-Decided May 1,2000 The Fair Labor Standards Act of 1938 (FLSA), 29 U. S. C. 201(0), permits States and their political subdivisions to compensate their employees for overtime work by granting them compensatory time in lieu of cash payment. If the employees do not use their accumulated compensatory time, the employer must pay cash compensation under certain circumstances. 207(0)(3)-(4). Fearing the consequences of having to pay for accrued compensatory time, Harris County adopted a policy requiring its employees to schedule time off in order to reduce the amount of accrued time. Petitioners, county deputy sheriffs, sued, claiming that the FLSA does not permit an employer to compel an employee to use compensatory time in the absence of an agreemen...
Village of Willowbrook Vs. Olech
Court: US Supreme Court
Decided on: Feb-23-2000
Village of Willowbrook v. Olech - 528 U.S. 562 (2000) OCTOBER TERM, 1999 Syllabus VILLAGE OF WILLOWBROOK ET AL. v. OLECH CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 98-1288. Argued January 10, 2000-Decided February 23, 2000 When respondent Olech and her late husband first asked petitioner Village of Willowbrook (Village) to connect their property to the municipal water supply, the Village conditioned the connection on the Olechs granting it a 33-foot easement. Although it subsequently reduced the easement to the 15 feet required of other property owners, Olech sued, claiming that the Village's demand for an additional 18-foot easement violated the Fourteenth Amendment's Equal Protection Clause, and asserting that the easement was irrational and arbitrary, that the Village was motivated by ill will resulting from the Olechs' success in an unrelated lawsuit against the Village, and that the Village acted either with the intent to deprive Olech of...
Roe Vs. Flores-ortega
Court: US Supreme Court
Decided on: Feb-23-2000
Roe v. Flores-Ortega - 528 U.S. 470 (2000) OCTOBER TERM, 1999 Syllabus ROE, WARDEN v. FLORES-ORTEGA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No.98-1441. Argued November 1, 1999-Decided February 23, 2000 Respondent pleaded guilty to second-degree murder. At his sentencing, the trial judge advised him that he had 60 days to file an appeal. His counsel, Ms. Kops, wrote "bring appeal papers" in her file, but no notice of appeal was filed within that time. Respondent's subsequent attempt to file such notice was rejected as untimely, and his efforts to secure state habeas relief were unsuccessful. He then filed a federal habeas petition, alleging constitutionally ineffective assistance of counsel based on Ms. Kops' failure to file the notice after promising to do so. The District Court denied relief. The Ninth Circuit reversed, however, finding that respondent was entitled to relief because, under its precedent, a habeas petitioner need only show that h...
Rotella Vs. Wood
Court: US Supreme Court
Decided on: Feb-23-2000
Rotella v. Wood - 528 U.S. 549 (2000) OCTOBER TERM, 1999 Syllabus ROTELLA v. WOOD ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-896. Argued November 3, 1999-Decided February 23, 2000 Petitioner Rotella was admitted to a private psychiatric facility in 1985 and discharged in 1986. In 1994, the facility's parent company and one of its directors pleaded guilty to criminal fraud related to improper relationships and illegal agreements between the company and its doctors. Rotella learned of the plea that same year, and in 1997 he filed a civil damages action under the Racketeer Influenced and Corrupt Organizations Act (RICO), claiming that respondents, doctors and related business entities, had conspired to keep him hospitalized to maximize their profits. RICO makes it criminal "to conduct" an "enterprise's affairs through a pattern of racketeering activity," 18 U. S. C. 1962(c). A "pattern" requires at least two acts of racketeering activity...
Pegram Vs. Herdrich
Court: US Supreme Court
Decided on: Feb-23-2000
Pegram v. Herdrich - 530 U.S. 211 (2000) OCTOBER TERM, 1999 Syllabus PEGRAM ET AL. v. HERDRICH CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 98-1949. Argued February 23, 2000-Decided June 12,2000 Petitioners (collectively Carle) function as a health maintenance organization (HMO) owned by physicians providing prepaid medical services to participants whose employers contract with Carle for coverage. Respondent Herdrich was covered by Carle through her husband's employer, State Farm Insurance Company. Mter petitioner Pegram, a Carle physician, required Herdrich to wait eight days for an ultrasound of her inflamed abdomen, her appendix ruptured, causing peritonitis. She sued Carle in state court for, inter alia, fraud. Carle responded that the Employee Retirement Income Security Act of 1974 (ERISA) preempted the fraud counts and removed the case to federal court. The District Court granted Carle summary judgment on one fraud count, but granted Her...
Fischer Vs. United States
Court: US Supreme Court
Decided on: Feb-22-2000
Fischer v. United States - 529 U.S. 667 (2000) OCTOBER TERM, 1999 Syllabus FISCHER v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 99-116. Argued February 22, 2000-Decided May 15,2000 Petitioner, while president and part owner of Quality Medical Consultants, Inc. (QMC), negotiated a $1.2 million loan to QMC from West Volusia Hospital Authority (WVHA), a municipal agency responsible for operating two Florida hospitals, both of which participate in the federal Medicare program. In 1993 WVHA received between $10 and $15 million in Medicare funds. Mter a 1994 audit of WVHA raised questions about the QMC loan, petitioner was indicted for violations of the federal bribery statute, including defrauding an organization which receives benefits under a federal assistance program, 18 U. S. C. 666(a)(I)(A), and paying a kickback to one of its agents, 666(a)(2). A jury convicted him on all counts, and the District Court sentenced him to impr...
Hunt-wesson, Inc. Vs. Franchise Tax Bd. of Cal.
Court: US Supreme Court
Decided on: Feb-22-2000
Hunt-Wesson, Inc. v. Franchise Tax Bd. of Cal. - 528 U.S. 458 (2000) OCTOBER TERM, 1999 Syllabus HUNT-WESSON, INC. v. FRANCHISE TAX BOARD OF CALIFORNIA CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT No. 98-2043. Argued January 12, 2000-Decided February 22, 2000 A State may tax a proportionate share of the "unitary" income of a nondomiciliary corporation that carries out a particular business both inside and outside that State, Allied-Signal, Inc. v. Director, Div. of Taxation, 504 U. S. 768 , 772, but may not tax "nonunitary" income received by a nondomiciliary corporation from an "unrelated business activity" which constitutes a "discrete business enterprise," e. g., id., at 773. California's "unitary business" income-calculation system for determining that State's taxable share of a multistate corporation's business income authorizes a deduction for interest expense, but permits (with one adjustment) use of that deduction only to the exten...
Johnson Vs. United States
Court: US Supreme Court
Decided on: Feb-22-2000
Johnson v. United States - 529 U.S. 694 (2000) OCTOBER TERM, 1999 Syllabus JOHNSON v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 99-5153. Argued February 22, 2000-Decided May 15,2000 The Sentencing Reform Act of 1984 replaced most forms of parole with supervised release overseen by the sentencing court. If release conditions are violated, that court may "revoke [the] release, and require the person to serve in prison all or part of the [supervised release] term ... without credit for time previously served on postrelease supervision .... " 18 U. S. C. 3583(e)(3). In March 1994, the District Court sentenced petitioner Johnson to imprisonment followed by a term of supervised release. Mter beginning supervised release in 1995, Johnson violated two conditions of his release. The District Court revoked his release and ordered him to serve an 18-month prison term to be followed by an additional 12 months of supervised release. The court...
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