scholarly journals Amici Curiae Brief, Pine Mountain Preserve, LLP V. Commissioner, Filed in the U.S. Court of Appeals for the Eleventh Circuit

2019 ◽  
Author(s):  
Nancy A. McLaughlin
Keyword(s):  
Court Of Appeals ◽  
Pine Mountain ◽  
The U.S

Antitrust: U.S. Supreme Court Affirms FTC Jurisdiction but Vacates Scope of Analysis on CDA Policy

1999 ◽  
Vol 27 (2) ◽  
pp. 197-198
Author(s):  
Joseph R. Zakhary
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Federal Trade Commission ◽  
Ninth Circuit ◽  
Court Of Appeals ◽  
For Profit ◽  
Rule Of Reason ◽  
Antitrust Analysis ◽  
Business Financing ◽  
The U.S

In California Dental Association v. FTC, 119 S. Ct. 1604 (1999), the U.S. Supreme Court reviewed a decision by the U.S. Court of Appeals for the Ninth Circuit that a nonprofit affiliation of dentists violated section 5 of the Federal Trade Commission Act (FTCA), 15 U.S.C.A. § 45 (1998), which prohibits unfair competition. The Court examined two issues: (1) the Federal Trade Commission's (FTC) jurisdiction over the California Dental Association (CDA); and (2) the proper scope of antitrust analysis. The Court unanimously held that CDA was subject to FTC's jurisdiction, but split 5-4 in its finding that the district court's use of abbreviated rule-of-reason analysis was inappropriate.CDA is a voluntary, nonprofit association of local dental societies. It boasts approximately 19,000 members, who constitute roughly threequarters of the dentists practicing in California. Although a nonprofit, CDA includes for-profit subsidiaries that financially benefit CDA members. CDA gives its members access to insurance and business financing, and lobbies and litigates on their behalf. Members also benefit from CDA marketing and public relations campaigns.

Crystallex Int'l Corp. v. Bolivarian Rep. Venez. (3D Cir.)

2021 ◽  
pp. 1-21
Author(s):  
Kevin D. Benish
Keyword(s):  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Decision To Leave ◽  
Court Of Appeals ◽  
The Third ◽  
To Come ◽  
Alter Ego ◽  
Oil Company ◽  
The U.S

On May 18, 2020, the United States Supreme Court denied a request by the Bolivarian Republic of Venezuela and its state-owned oil company, Petróleos de Venezuela, S.A. (PDVSA), to review the merits of Crystallex Int'l Corp. v. Bolivarian Republic of Venezuela, a decision by the U.S. Court of Appeals for the Third Circuit. In Crystallex, the Third Circuit affirmed a trial court's determination that PDVSA is the “alter ego” of Venezuela itself, thus permitting Crystallex to enforce a $1.4 billion judgment against Venezuela by attaching property held in PDVSA's name. Given the Supreme Court's decision to leave the Third Circuit's opinion undisturbed, Crystallex is a significant decision that may affect parties involved in transnational litigation for years to come—especially those pursuing or defending against U.S. enforcement proceedings involving the property of foreign states.

EMTALA: Screening Can Satisfy EMTALA, Despite Misdiagnosis

2003 ◽  
Vol 31 (1) ◽  
pp. 169-170 ◽  
Author(s):  
Hemanth Gundavaram
Keyword(s):  
Blood Pressure ◽  
Medical Treatment ◽  
Emergency Room ◽  
Urinary Retention ◽  
Court Of Appeals ◽  
Statutory Duty ◽  
Active Labor ◽  
Summary Judgment ◽  
De Medicina ◽  
The U.S

In Del Carmen Guadalupe v. Agosto, the U.S. Court of Appeals for the First Circuit held that a hospital fulfills its statutory duty to screen patiens in is emergency room if it provides for a “screening examination reasonably calculated to identify critical medical conditions” that may be afflicting symptomatic patients and if it “provides that level of screening uniformly to all those who present substantially similar complaints.” The First Circuit affirmed the lower court's decision to grant summary judgment to the hospital in a claim raised under the Emergency Medical Treatment and Active Labor Act (EMTALA).Maria del Carmen Guadalupe brought her husband, Narciso Figueroa, to the Hospital Interamericano De Medicina Avanzada, Inc., (HIMA) on October 3, 1998, with symptoms of urinary retention, edema in the legs, high blood pressure, pain, increased respiratory difficulty, a dry cough, fever, and drowsiness.

Collegial Courts: Panel Decision-Making and the U.S. Courts of Appeals

2021 ◽  
Author(s):  
Pamela C. Corley ◽  
Wendy L. Martinek
Keyword(s):  
Decision Making ◽  
Court Decision ◽  
Appellate Court ◽  
Courts Of Appeals ◽  
Court Of Appeals ◽  
Appeals Process ◽  
Almost All ◽  
The U.S

The three-judge panel mechanism by which the courts of appeals process almost all (though not quite all) of their cases affords scholars unique opportunities to explore how appellate court decision-making may transcend being merely the sum of its parts. Specifically, court of appeals judges pursue their decision-making responsibilities as part of a collegial group, and thus it is important to understand how being a member of a multimember court influences their behavior.

United States v. Stuart

1989 ◽  
Vol 83 (4) ◽  
pp. 918-923
Author(s):  
Daniel M. Price
Keyword(s):  
United States ◽  
The United States ◽  
Good Faith ◽  
District Court ◽  
Criminal Prosecution ◽  
Justice Department ◽  
Court Of Appeals ◽  
Canadian Law ◽  
History Of ◽  
The U.S

In response to a request by Canadian tax authorities under the United States-Canada Double Taxation Convention (Convention), the U.S. Internal Revenue Service (IRS) issued summonses to obtain U.S. bank records concerning certain accounts of respondents, Canadian citizens whose Canadian tax liability was under investigation. Respondents sought to quash the summonses, arguing that because under 26 U.S.C. §7609(b) the IRS is prohibited by U.S. law from using its summons authority to obtain information about a U.S. taxpayer once a case is referred to the Justice Department for prosecution, and because the tax investigation of respondents was part of a Canadian criminal investigation, the IRS should be precluded from using its summons authority to honor the Canadian request under the Convention. Unsuccessful in the district court, respondents prevailed in the U.S. Court of Appeals for the Ninth Circuit, which held that under the “good faith” standard applicable to enforcement of domestic summonses, the IRS may issue a summons pursuant to a Convention request only if it first determines and makes an affirmative statement to the effect that the Canadian investigation has not reached a stage analogous to a Justice Department referral by the IRS. The U.S. Supreme Court (per Brennan, J.) reversed, and held: (1) that if the summons is issued in good faith, it is enforceable regardless of whether the Canadian request is directed toward criminal prosecution under Canadian law; and (2) neither United States law nor anything in the text or the ratification history of the Convention supports the imposition of additional requirements. Justice Kennedy (joined by O’Connor, J.), concurring in part and in the judgment, filed a brief opinion to state his view that it is unnecessary to decide whether Senate preratification materials are authoritative sources for treaty interpretation. Justice Scalia, concurring in the judgment, wrote separately to oppose the use of such materials in treaty construction.

Signing, Sectarian Schools, and the Law

2020 ◽  
pp. 121-151
Author(s):  
Bruce J. Dierenfield ◽  
David A. Gerber
Keyword(s):  
Federal District ◽  
Catholic School ◽  
Establishment Clause ◽  
District Court ◽  
Parochial School ◽  
Court Of Appeals ◽  
Government Aid ◽  
Sectarian Schools ◽  
Civil Libertarian ◽  
The U.S

This chapter examines and analyzes the five-year journey of Zobrest v. Catalina Foothills School District (1993) from the federal district court in Tucson to the U.S. Court of Appeals for the Ninth Circuit to the U.S. Supreme Court. William Bentley Ball, the Zobrests’ attorney, and John Richardson, the school district’s attorney, clashed over whether the Establishment Clause permitted any government aid to a Catholic school. Many religious and civil libertarian groups—but just one national deaf association—filed arguments to sway the court. Chief Justice William Rehnquist, who wrote the majority decision favoring the Zobrests, misunderstood the complicated function of a sign language interpreter to permit what he regarded as incidental parochial school aid. Rehnquist maintained the aid was permissible because the plaintiffs and their deaf son were its main beneficiaries.

Hope for Redemption

2016 ◽  
Author(s):  
Richard Revesz ◽  
Jack Lienke
Keyword(s):  
Sulfur Dioxide ◽  
Heat Input ◽  
Performance Standards ◽  
Ohio River ◽  
Implementation Plan ◽  
Emission Standard ◽  
Court Of Appeals ◽  
Original Plan ◽  
The U.S

The Walter C. Beckjord Generating Station sits on the banks of the Ohio River, less than twenty miles southeast of Cincinnati, in Clermont County, Ohio. Beckjord offers a near-perfect case study of the costs of grandfathering. Construction of the plant was announced in November 1948, and its first 100-megawatt coal unit was operational by June 1952. Five additional units came online between 1953 and 1969. Because the units were constructed prior to 1971, all were exempt from the EPA’s New Source Performance Standards. For most of the 1970s, they also managed to avoid complying with any emission limitation under Ohio’s implementation plan for meeting the sulfur dioxide NAAQS, even though Ohio’s original plan, approved by the EPA in 1972, would have subjected Beckjord to a state emission standard—1.6 pounds of SO2 per million Btus of heat input—that was only 33 percent less stringent than the federal new-source standard of 1.2 lbs/MMBtu. In 1973, Ohio utilities convinced the U.S. Court of Appeals for the Sixth Circuit to invalidate the Ohio plan on procedural grounds. The court ordered the EPA to hold an additional hearing at which regulated plants could voice their objections, but before the agency could oblige, the governor of Ohio withdrew the plan from consideration. A year later, Ohio submitted a far less stringent proposal that would have allowed Beckjord to continue emitting at its uncontrolled level: 4.8 lbs/MMBtu. But that plan, too, was struck down on procedural grounds, this time by a state environmental review board. In 1976, after Ohio failed to offer any replacement for its second proposal, the EPA stepped in with a federal plan that would limit Beckjord’s emissions to 2.02 lbs/MMBtu. (This, according to the latest EPA computer modeling, was the level necessary for Ohio to attain the sulfur dioxide NAAQS.) After yet more litigation by Ohio utilities—including Beckjord’s owner, Cincinnati Gas & Electric—the bulk of the federal plan was upheld in 1978. (In rejecting the utilities’ challenge, the Sixth Circuit noted that Ohio was the only state in the country that still lacked an enforceable SO2 implementation plan.)

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