Article Abstract:
The 1992-1993 US Supreme Court term will see the consideration of a seminal McCarran-Ferguson Act consolidated case, Hartford Fire Insurance Co v California and Merritt Underwriting Agency Management Ltd v California. The Ninth Circuit Court ruled that foreign reinsurers enjoy no McCarran-Ferguson antitrust immunity since they are not subject to state regulation and that domestic insurers forfeit their immunity by dealing with these foreign entities. Allegations by some states that the insurers boycotted unwilling competitors were deemed worthy of court consideration.
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Article Abstract:
The business law docket in the US Supreme Court's 1996-97 term may have expensive consequences for shareholders and corporate executives. Issues include the taxation of punitive damages, the doctrine of equivalents in patent law, First Amendment challenges by cable television providers to the 1992 Cable Act's must-carry rules and the labor-law definition of an employee. Last term's large business docket quieted critics who felt the court was giving inadequate attention to the legal issues concerning the business community.
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Article Abstract:
The US Supreme Court's 1993-94 term does not offer any landmark cases in business law, but some technical issues may be resolved. The slim docket shows the court's reluctance to grant certiorari in complex business law suits. Two of the cases, Landgraf v. USI Film Products and Rivers v. Roadway Express, concern whether the Civil Rights Act of 1991 applies retroactively to litigation pending when it was enacted. Issues in other cases include employee dismissal and sexual harassment.
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