Blue Cross v. Marshfield
Blue Cross/Blue Shield v. Marshfield
Michael Stapleton
Micker8@aol.com
Content
Introduction………………………………………………………………….page 2
Jury and Government Findings……………………………………………...page 2
Concepts Relevant to this Case……………………………………………...page 3
Conclusion…………………………………………………………………..page 4
References…………………………………………………………………...page 5
Blue Cross v. Marshfield
Introduction The Marshfield clinic is a health care system founded in 1916 comprised largely in Wisconsin (Marshfieldclinic.org, 2012). It has 2 hospitals, 53 community care centers, and has about 800 physicians in more than 80 medical specialties and subspecialties-from cardiology, to neurology, to dentistry - provide care at over 50 locations
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Concepts Relevant to this Case There are many concepts from our course related to this case. The effectiveness of any law depends on how the courts interpret it and on the vigor of government enforcement (McConnell, et al., 2012). While the jury found that Marshfield clinic and Security had monopoly power, that they engaged in anticompetitive conduct to obtain or maintain that power, and found that Marshfield had illegally entered into agreements with competitors or potential competitors to allocate customers, allocate territories, allocate markets, and to fix fees or prices, the judge subsequently found much of the jury’s decision not reflective of the evidence and over-turned much of the antitrust violations. If this made Marshfield price makers then they could only be characterized as, at the very least, a monopolistic competition all the way up to a monopoly. If a large fraction of the population of Wisconsin could not find “independent” physicians to offer a competitive HMO product, then this clearly would put them as an oligopoly or even monopoly.
Conclusion
It is very difficult for the government to come in and state that antitrust violations have occurred absolutely in a company.
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The case Cruzan v. Missouri Department of Health was heard by the Supreme Court in 1990. Originally the case was started when the Missouri Department of Health refused the request of Nancy Beth Cruzan's parents to take their daughter off of a Feeding and Hydration Tube that had been on their child for 3 years. Nancy Cruzan was driving one night and it was guessed her car hit a ice patch and spun out of control. Nancy was thrown 30 feet from her car (she was not wearing a seatbelt) and was found by a trooper who could not tell how long she had been face down in the snowy ditch. At the hospital the doctors noticed that she had been without oxygen in her brain for fourteen minutes. Any person who is without oxygen in their
Throughout an 18-hour period on October 26, 1989, the appellant Marc Creighton, a companion Frank Caddedu and the deceased Kimberley Ann Martin consumed a large quantity of alcohol and cocaine. The afternoon of the following day on October 27, the three planned to share a quantity of cocaine at Ms. Martin’s apartment. The evidence and later testimony indicates that all of the members involved are experienced cocaine users. The appellant acquired 3.5 grams (“an eight-ball”) of cocaine; he did not try to determine the quality or potency of the cocaine before injecting it into himself and Frank Caddedu.
Going against the Supreme Court, which is the supreme law of the land, in the Worcester vs Georgia case demonstrates how Andrew Jackson abused his power as president. John Marshall, the chief justice at the time, ruled that the United States did not have possession or legal jurisdiction over Native American land, and no individual states had authority in Native American affairs. However, Jackson went above this, since the court did not order marshals to enforce it. In the Indian Removal packet, it was stated that in May 1830, Jackson signed the Indian removal act to exchange land with Native Americans. To do this, he coerced tribe leaders, sometimes by getting them drunk or high, into signing away their land through removal treaties. In the
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When Dred Scott v. Sandford was decided in 1857, it made an enormous impact on the United States. It riled up both pro- and anti-slavery Americans. It angered many Americans in an extreme example of judicial activism. Some say it made the Civil War inevitable. By the time the dust had settled and the 13th and 14th Amendments reversed the Court’s decision, Dred Scott could be considered one of the worst Supreme Court decisions of all time. And yet, although the case was egregiously wrong, it still can be considered a “great case”.
Melnick, G., & Fonkycj, K. (2013). Fair pricing law prompts most California hospitals to adopt policies to protect uninsured patients from high charges. Health Affairs, 32(6), 1101-1108. Retrieved from http://ezproxy.nu.edu/login?url=http://search.proquest.com/docview/1372932073?accountid=2532
Citation: Maryland v. Pringle, 540 U.S. 366; 124 S. Ct. 795; 157 L. Ed. 2d 769; 2003 U.S. LEXIS 9198
The Dred Scott vs. Sanford case was a huge decision in the history of our country. Dred Scott was a slave who was owned by the Sanford family. The Sanford family moved Scott to a Wisconsin territory, where slavery was prohibited under the Missouri Compromise, where he lived for 4 years working on and off to raise money for him and his family’s freedom. Later on, the Sanford family moved him back to St. Louis where Scott tried to buy him and his family freedom but was denied by the Sanford family. Scott sued the Sanford’s and made a case that he and his family lived in a free area for an extended period of time making him legally free. The state court declared him free but the wages that Scott had were withheld by the Sanford family who then appealed the decision to make Scott free to the Missouri Court. The Missouri Court overturned the decision to make Scott free and ruled in favor of the Sanford’s. Scott then sued the Sanford’s again for physical abuse and the court would not rule on it because they said Scott was regarded as a slave in Missouri territory.
Furthermore, in Standard Oil Co., the Supreme Court stated that “The term "monopoly,"… as used in the Sherman Act was intended to cover such monopolies or attempts to monopolize as were known to exist in this country; those which were defined as illegal at common law by the States, when applied to intrastate commerce.” The Supreme Court went on to further state that “the principles of the common law applied to interstate as well as to intrastate commerce.”
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