FINDLAW:Daily Opinion Summaries for U.S. Supreme Court -02/25/09

ANTITRUST & TRADE REGULATION, COMMUNICATIONS LAW, CYBERSPACE LAW

Pacific Bell Tel. Co. v. Linkline Comms., Inc., No. 07-512
In an antitrust action alleging a “price squeeze” claim, denial of judgment on the pleadings for Defendant is reversed, where such a claim cannot be brought where the defendant is under no antitrust obligation to sell inputs to the plaintiff.

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CIVIL RIGHTS, COMMUNICATIONS LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE

Pleasant Grove City v. Summum, No. 07-665
In a First Amendment action claiming that Plaintiff was entitled to place a monument in a public park where Defendant city had allowed other monuments, denial of a preliminary injunction is affirmed, where the First Amendment does not apply to government speech.

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FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 02/24/09

ADMINISTRATIVE LAW, GOVERNMENT LAW

Criscolo v. Vagianelis, No. 20
In an Article 78 challenge to Department of Correctional Services rules requiring certain DOCS employees to conduct Title III administrative hearings, dismissal of the petition is affirmed, where the requirement was not unreasonable.

CRIMINAL LAW & PROCEDURE, SENTENCING

People v. Quinones, No. 14
Defendant’s burglary sentence was affirmed, where New York’s discretionary persistent offender sentencing laws did not violate Apprendi because they required the jury to find that the defendant was a persistent offender.

INJURY AND TORT LAW, INSURANCE LAW

Fasso v. Doerr, No. 21
In a medical malpractice action, the dismissal of Intervenor-Insurer’s equitable subrogation claim is reversed, where there was insurance coverage remaining after the amount Defendant paid to Plaintiff in settlement.