green
Positive treatment
Quoted verbatim 6×
11.0 score
G Cite
cited 2× by 2 distinct cases, last quoted 2000 ·
…flast v. cohen appears to create a fairly narrow exception to the , and may apply only to establishment clause cases . . . .
⚠ not in text
cited 2× by 2 distinct cases, last quoted 1997 ·
…the goal of the antitrust laws, ... unlike that of business tort or unfair competition laws, is to safeguard general competitive conditions, rather than to protect specific competitors.
⚠ not in text
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 37 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
James Tarsney v. Michael O'Keefe
flast v. cohen appears to create a fairly narrow exception to the , and may apply only to establishment clause cases . . . .
discussed
Cited as authority (quoted)
Tarsney v. O'keefe
flast v. cohen appears to create a fairly narrow exception to the , and may apply only to establishment clause cases . . . .
discussed
Cited as authority (quoted)
Intergraph Corp. v. Intel Corp.
because of a monopolist's special position the antitrust laws impose what may be characterized as affirmative duties.
discussed
Cited as authority (quoted)
American Professional Testing Service, Inc. v. Harcourt Brace Jovanovich Legal & Professional Publications, Inc.
the goal of the antitrust laws, ... unlike that of business tort or unfair competition laws, is to safeguard general competitive conditions, rather than to protect specific competitors.
discussed
Cited as authority (quoted)
American Professional Testing Service, Inc. v. Harcourt Brace Jovanovich Legal And Professional Publications, Inc.
the goal of the antitrust laws, ... unlike that of business tort or unfair competition laws, is to safeguard general competitive conditions, rather than to protect specific competitors.
examined
Cited as authority (quoted)
United States v. Eastman Kodak Co.
a high market share, though it may ordinarily raise an inference of monopoly power, ... will not do so in a market with low entry barriers or other evidence of a defendant's inability to control prices or exclude competitors.
cited
Cited "see"
Kendrick Herring v. State of Florida
See Caso v. State, 524 So.2d 422 (Fla.), cert. denied, 488 U.S. 870 , 109 S.Ct. 178 , 102 L.Ed.2d 147 (1988).
cited
Cited "see"
Van Teamer v. State
See Caso v. State, 524 So.2d 422 (Fla.), cert. denied, 488 U.S. 870 , 109 S.Ct. 178 , 102 L.Ed.2d 147 (1988).
cited
Cited "see"
McCord v. State
See Case v. State, 524 So.2d 422 (Fla.), cert. denied, 488 U.S. 870 , 109 S.Ct. 178 , 102 L.Ed.2d 147 (1988); State v. Alioto, 588 So.2d 17 (Fla. 5th DCA 1991).
cited
Cited "see"
State v. Gandy
See Caso v. State, 524 So.2d 422 (Fla.), cert. denied, 488 U.S. 870 , 109 S.Ct. 178 , 102 L.Ed.2d 147 (1988).
discussed
Cited "see"
State v. Gilles
See Caso v. State, 524 So.2d 422 (Fla.1988)(police are required to give Miranda warnings only when the person is in custody), cert. denied, 488 U.S. 870 , 109 S.Ct. 178 , 102 L.Ed.2d 147 (1988); State v. Polanco, 658 So.2d 1123 (Fla. 3d DCA 1995)(a suspect who responded to unwarned yet uncoercive questioning may yet waive his rights and confess after required Miranda warnings.) The trial court, however, concluded that the defendant was in police custody notwithstanding that she was at the police station as an apparent victim and witness to her husband's murder and notwithstanding that she was …
discussed
Cited "see"
Valley Products Company, Inc. v. Landmark, a Division of Hospitality Franchise Systems, Inc.
See Mozart Co. v. Mercedes-Benz of North America, Inc., 833 F.2d 1342, 1346 (9th Cir.1987), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988), where, without even mentioning Chicken Delight in this connection, the court held that “a prestigious trademark is not itself persuasive evidence of [the] economic power [that is necessary to make a tying arrangement illegal per se under the antitrust laws].” Other courts have been more emphatic in rejecting the approach followed in Chicken Delight.
discussed
Cited "see"
Queen City Pizza, Inc. v. Domino's Pizza, Inc.
See Mozart Co. v. Mercedes-Benz of N. Am., Inc., 833 F.2d 1342, 1346 (9th Cir.1987), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988) (“[W]hile many individual purchasers of automobiles undoubtedly regard a Mercedes as unique, it is by no means clear that franchisees (dealers) view the Mercedes in the same manner.
discussed
Cited "see"
Supermarket of Marlinton, Inc. v. Meadow Gold Dairies, Inc.
See Colorado v. Western Paving Construction Co., 630 F.Supp. 206, 210 (D.Colo.1986), aff 'd en banc by an equally divided court, 841 F.2d 1025 (10th Cir.), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988).
discussed
Cited "see"
Supermarket Of Marlinton, Inc. v. Meadow Gold Dairies, Inc.
See Colorado v. Western Paving Construction Co., 630 F.Supp. 206, 210 (D.Colo.1986), aff'd en banc by an equally divided court, 841 F.2d 1025 (10th Cir.), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988).
discussed
Cited "see"
Tricom, Inc. v. Electronic Data Systems Corp.
See Mozart Co. v. Mercedes-Benz of N. Am., Inc., 833 F.2d 1342 (9th Cir.1987), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988) (business justification is defense only if there was no less restrictive means to satisfy the legitimate business objective). 3 .
discussed
Cited "see"
Rebel Oil Co. v. Atlantic Richfield Co.
See Oahu Gas Serv., Inc. v. Pacific Resources, Inc., 838 F.2d 360, 367 (9th Cir.1988), cert. denied, 488 U.S. 870 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988); Department of Justice Merger Guidelines ¶3.0 (1992) (entry must be “timely, likely, and sufficient in magnitude, character and scope to deter or counteract the [anticompetitive effects of concern”).
discussed
Cited "see"
Rebel Oil Company, Inc. v. Atlantic Richfield Company
See Oahu Gas Serv., Inc. v. Pacific Resources, Inc., 838 F.2d 360, 367 (9th Cir.1988), cert. denied, 488 U.S. 870 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988); Department of Justice Merger Guidelines p 3.0 (1992) (entry must be "timely, likely, and sufficient in magnitude, character and scope to deter or counteract the [anti]competitive effects of concern").
cited
Cited "see"
The Home Indemnity Company, Plaintiff-Appellee-Cross-Appellant v. Lane Powell Moss and Miller, Defendants-Appellants-Cross-Appellees
See Oahu Gas Serv., Inc. v. Pacific Resources, Inc., 838 F.2d 360, 368 (9th Cir.), cert. denied, 488 U.S. 870 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988).
discussed
Cited "see"
Miller v. Indiana Hospital
See Miller v. Indiana Hosp., 660 F.Supp. 250 (W.D.Pa.1987) (granting summary judgment), rev’d, 843 F.2d 139 (3d Cir.1988), cert. denied, 488 U.S. 870 , 109 S.Ct. 178 , 102 L.Ed.2d 147 (1988), on remand Miller v. Indiana Hosp., 1990 WL 105908 (W.D.Pa.
discussed
Cited "see"
Miller v. Indiana Hospital
See Miller v. Indiana Hosp., 660 F.Supp. 250 (W.D.Pa.1987) (granting summary judgment), rev'd, 843 F.2d 139 (3d Cir.1988), cert. denied, 488 U.S. 870 , 109 S.Ct. 178 , 102 L.Ed.2d 147 (1988), on remand Miller v. Indiana Hosp., 1990 WL 105908 (W.D.Pa.
discussed
Cited "see"
Gonzalez v. State
See Caso v. State, 524 So.2d 422, 423-24 (Fla.), cert. denied, 488 U.S. 870 , 109 S.Ct. 178 , 102 L.Ed.2d 147 (1988). [1] Utilizing Caso as authority, and based on the record before us, we conclude there is substantial competent evidence to support the trial court's conclusion, although based on the out-dated "four factor" standard, that appellant was not in custody when he gave the statements at issue.
discussed
Cited "see"
High Technology Careers, a California Partnership v. San Jose Mercury News, a California Corporation
See Mozart Co. v. Mercedes-Benz of North America, Inc., 833 F.2d 1342, 1349-52 (9th Cir.1987) (describing “skepticism” which “the quality control defense ... usually has been accorded”), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988).
discussed
Cited "see"
Tampa-Hillsborough County v. AGWS
See Dep't of Agric. v. Mid-Florida Growers, Inc., 521 So.2d 101 (Fla.), cert. denied, 488 U.S. 870 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988); Graham v. Estuary Properties, 399 So.2d 1374 (Fla.), cert. denied, 454 U.S. 1083 , 102 S.Ct. 640 , 70 L.Ed.2d 618 (1981); Conner v. Reed Bros., Inc., 567 So.2d 515 (Fla. 2d DCA 1990).
discussed
Cited "see"
Martin v. Lane
See Taub v. Commonwealth of Kentucky, 842 F.2d 912, 918-919 (6th Cir.) (federal taxpayer standing rules applicable to state taxpayers), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988).
discussed
Cited "see"
Universal Analytics, Inc. v. MacNeal Corporation Dr. Joseph Gloudeman Dr. Richard MacNeal
The Movie 1 & 2 v. United Artists, 909 F.2d 1245, 1254 (9th Cir.1990, as amended July 25, 1990); see Oahu Gas Serv., Inc. v. Pacific Resources, Inc., 838 F.2d 360, 363 (9th Cir.), cert. denied, 488 U.S. 870 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988).
discussed
Cited "see"
Advanced Health-Care Services, Inc. v. Radford Community Hospital
See Oahu Gas Serv. v. Pacific Resources, Inc., 838 F.2d 360, 368 (9th Cir.) (a monopolist in some instances has “affirmative duties” under antitrust laws to aid its competitors), cert. denied, 488 U.S. 870 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988).
discussed
Cited "see"
Advanced Health-Care Services, Inc. v. Radford Community Hospital Southwest Virginia Health Enterprises, Inc. Southwest Virginia Health Services Southwest Virginia Pharmacy & Medical Company, D/B/A Community Pharmacy & Medical Supply, Advanced Health-Care Services, Inc. v. Twin County Community Hospital, D/B/A Twin County Community Hospital Durable Medical Equipment Supply Medserv Corporation, Voluntary Hospitals of America, Inc., Amicus Curiae. Advanced Health-Care Services, Inc. v. Giles Memorial Hospital Medserv Corporation Health East, Inc., Voluntary Hospitals of America, Inc., Amicus Curiae
See Oahu Gas Serv. v. Pacific Resources, Inc., 838 F.2d 360, 368 (9th Cir.) (a monopolist in some instances has "affirmative duties" under antitrust laws to aid its competitors), cert. denied, 488 U.S. 870 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988).
discussed
Cited "see, e.g."
Board of Education v. New York State Teachers Retirement System
Compare Colorado Taxpayers Union, Inc. v. Romer, 963 F.2d 1394, 1402-03 (10th Cir.1992) (requirements for federal and state taxpayer standing the same), cert. denied, — U.S. -, 113 S.Ct. 1360 , 122 L.Ed.2d 739 (1993) and Taub v. Kentucky, 842 F.2d 912, 918 (6th Cir.) (same), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988) with Hoohuli v. Ariyoshi, 741 F.2d 1169, 1180 (9th Cir.1984) (state taxpayer standing found where each plaintiff alleged “status as a taxpayer” and identified “amounts of money appropriated” for challenged actions).
discussed
Cited "see, e.g."
Board Of Education Of The Mt. Sinai Union Free School District v. New York State Teachers Retirement System
Compare Colorado Taxpayers Union, Inc. v. Romer, 963 F.2d 1394, 1402-03 (10th Cir.1992) (requirements for federal and state taxpayer standing the same), cert. denied, --- U.S. ----, 113 S.Ct. 1360 , 122 L.Ed.2d 739 (1993) and Taub v. Kentucky, 842 F.2d 912, 918 (6th Cir.) (same), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988) with Hoohuli v. Ariyoshi, 741 F.2d 1169, 1180 (9th Cir.1984) (state taxpayer standing found where each plaintiff alleged "status as a taxpayer" and identified "amounts of money appropriated" for challenged actions).
discussed
Cited "see, e.g."
R. Anthony Marrese, M.D. v. American Academy of Orthopaedic Surgeons
Johnson v. Nyack Hosp., 964 F.2d 116 , 121 (2d Cir.1992); see also Miller v. Indiana Hosp., 843 F.2d 139 , 143 (3d Cir.) (hospital and staff who revoke plaintiff's staff privileges are absolved from antitrust liability if the revocation was for "professional incompetence and unprofessional conduct"), cert. denied, 488 U.S. 870 (1988). 15 As we noted earlier, Marrese filed a separate suit challenging the peer review process at Deaconess.
discussed
Cited "see, e.g."
Nos. 91-1005, 91-1019
See United States v. Richardson, 418 U.S. 166 , 94 S.Ct. 2940 , 41 L.Ed.2d 678 (1974); Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208, 228 , 94 S.Ct. 2925, 2935 , 41 L.Ed.2d 706 (1974); Flast, 392 U.S. at 114, 115 , 88 S.Ct. at 1959, 1960 (Stewart, J., concurring and Fortas, J., concurring); see also Taub v. Kentucky, 842 F.2d 912, 916 (6th Cir.), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988). 24 Both parties mistakenly rely on Flast to resolve whether appellants qualify for taxpayer standing in this case.
discussed
Cited "see, e.g."
Colorado Taxpayers Union, Inc. v. Romer
See United States v. Richardson, 418 U.S. 166 , 94 S.Ct. 2940 , 41 L.Ed.2d 678 (1974); Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208, 228 , 94 S.Ct. 2925, 2935 , 41 L.Ed.2d 706 (1974); Flast, 392 U.S. at 114, 115 , 88 S.Ct. at 1959, 1960 (Stewart, J., concurring and Fortas, J., concurring); see also Taub v. Kentucky, 842 F.2d 912, 916 (6th Cir.), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988).
cited
Cited "see, e.g."
Virtual Maintenance, Inc. v. Prime Computer, Inc.
See, e.g., Mozart Co. v. Mercedes-Benz of North America, Inc., 833 F.2d 1342, 1348-51 (9th Cir.1987), cert. denied, 488 U.S. 870 , 109 S.Ct. 179 , 102 L.Ed.2d 148 (1988).
cited
Cited "see, e.g."
Williams v. Nevada
See, e.g., Oahu Gas Service, Inc. v. Pacific Resources, Inc., 838 F.2d 360, 363 (9th Cir.), cert. denied 488 U.S. 870 , 109 S.Ct. 180 , 102 L.Ed.2d 149 (1988); Twin City Sportservice v. Charles O.
discussed
Cited "see, e.g."
Tarabishi v. McAlester Regional Hospital
Id. at 820 (citation omitted); see also Miller v. Indiana Hosp., 843 F.2d 139 , 144 n. 6 (3d Cir.) (“in a hospital staff privilege case in which the hospital defends on lack of professional ability, the rule of reason test would apply”), cert. denied, 488 U.S. 870 , 109 S.Ct. 178 , 102 L.Ed.2d 147 (1988).
discussed
Cited "see, e.g."
TARABISHI v. McALESTER REGIONAL HOSPITAL
Id. at 820 (citation omitted); see also Miller v. Indiana Hosp., 843 F.2d 139 , 144 n. 6 (3d Cir.) ("in a hospital staff privilege case in which the hospital defends on lack of professional ability, the rule of reason test would apply"), cert. denied, 488 U.S. 870 , 109 S.Ct. 178 , 102 L.Ed.2d 147 (1988).
Retrieving the full opinion text from the archive…
Taub
v.
Kentucky
v.
Kentucky
No. 87-2094.
Supreme Court of the United States.
Oct 3, 1988.
Brennan, Certiorari, White.
Published
C. A. 6th Cir. Certiorari denied.
Justice Brennan, Justice White, and Justice Marshall would grant certiorari.