Us Supreme Court Court January 2003 Judgments
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Fcc Vs. Nextwave Personal Communications Inc.
Court: US Supreme Court
Decided on: Jan-27-2003
FCC v. NextWave Personal Communications Inc. - 537 U.S. 293 (2003) OCTOBER TERM, 2002 Syllabus FEDERAL COMMUNICATIONS COMMISSION v. NEXTWAVE PERSONAL COMMUNICATIONS INC. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 01-653. Argued October 8, 2002-Decided January 27, 2003* Pursuant to provisions of the Communications Act of 1934 authorizing the Federal Communications Commission (FCC) to award spectrum licenses to small businesses through competitive bidding, and to allow them to pay for the licenses in installments, the FCC auctioned off certain broadband personal communications services licenses to respondents (hereinafter NextWave). NextWave made a down payment on the purchase price, signed promissory notes for the balance, and executed agreements giving the FCC a first lien on, and security interest in, NextWave's rights and interest in the licenses, which recited that they were conditioned upon the full and timely payment o...
Meyer Vs. Holley
Court: US Supreme Court
Decided on: Jan-22-2003
Meyer v. Holley - 537 U.S. 280 (2003) OCTOBER TERM, 2002 Syllabus MEYER v. HOLLEY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-1120. Argued December 3, 2002-Decided January 22, 2003 The Fair Housing Act forbids racial discrimination in respect to the sale or rental of a dwelling. 42 U. S. C. 3604(b), 3605(a). Respondent Holleys, an interracial couple, tried to buy a house listed for sale by Triad, a real estate corporation. A Triad salesman is alleged to have prevented the Holleys from buying the house for racially discriminatory reasons. Mter filing suit in federal court against the salesman and Triad, the Holleys filed a separate suit against petitioner Meyer, Triad's president, sole shareholder, and licensed "officer/broker," claiming that he was vicariously liable in one or more of these capacities for the salesman's unlawful actions. The District Court consolidated the lawsuits and dismissed the claims against Meyer because (1) it ...
Pharmaceutical Research and Mfrs. of America Vs. Walsh
Court: US Supreme Court
Decided on: Jan-22-2003
Pharmaceutical Research and Mfrs. of America v. Walsh - 538 U.S. 644 (2003) OCTOBER TERM, 2002 Syllabus PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA v. WALSH, ACTING COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 01-188. Argued January 22, 2003-Decided May 19,2003 A State participating in Medicaid must have a medical assistance plan approved by the Secretary of Health and Human Services (HHS). In response to increasing Medicaid expenditures for prescription drugs, Congress enacted a cost-saving measure in 1990 that requires drug companies to pay rebates to States on their Medicaid purchases. States have since enacted supplemental rebate programs to achieve additional cost savings on Medicaid purchases and purchases for other needy citizens. The purpose of the "Maine Rx" Program is to reduce prescription drug prices for state residents. Under the program, Maine will attempt to negotiat...
United States Vs. Jimenez Recio
Court: US Supreme Court
Decided on: Jan-21-2003
United States v. Jimenez Recio - 537 U.S. 270 (2003) OCTOBER TERM, 2002 Syllabus UNITED STATES v. JIMENEZ RECIO ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 01-1184. Argued November 12, 2002-Decided January 21, 2003 Ninth Circuit precedent states that a conspiracy terminates when "'there is affirmative evidence of ... defeat of the object of the conspiracy.''' United States v. Cruz, 127 F.3d 791 , 795 (emphasis added). Here, police stopped a truck carrying illegal drugs, seized the drugs, and, with the help of the truck's drivers, set up a sting. The drivers paged a contact who said he would call someone to get the truck. Respondents Jimenez Recio and Lopez-Meza appeared in a car, and the former drove away in the truck, the latter in the car. Mter a jury convicted them of conspiring to possess and to distribute unlawful drugs, the judge ordered a new trial because, under Cruz, the jury could not convict respondents unless it believed...
Cook County Vs. United States Ex Rel. Chandler
Court: US Supreme Court
Decided on: Jan-14-2003
Cook County v. United States ex rel. Chandler - 538 U.S. 119 (2003) OCTOBER TERM, 2002 Syllabus COOK COUNTY, ILLINOIS v. UNITED STATES EX REL. CHANDLER CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 01-1572. Argued January 14, 2003-Decided March 10,2003 Under the False Claims Act (FCA), "[a]ny person" who, inter alia, "knowingly presents, or causes to be presented, to an officer or employee of the United States Government ... a false or fraudulent claim for payment or approval," 31 U. S. C. 3729(a)(1), is liable to the Government for a civil penalty, treble damages, and costs, 3729(a). Although the Attorney General may sue under the FCA, a private person, known as a relator, may also bring a qui tam action "in the name of the Government." 3730(b). The relator must inform the Justice Department of her intentions and keep the pleadings under seal while the Government decides whether to intervene and do its own litigating. 3730(b)(2). If the ...
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