Opinion · Supreme Court of the United States

Holy Spirit Ass'n for the Unification of World Christianity v. Molko

104 L. Ed. 2d 670

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1989-05-22
Topic
general

uses the Inglis test and expressly allows a showing of subjective intent to engage in predatory pricing | Congress focused on the total cost to produce a product, including a "fair profit" margin | Congress focused on the total cost to produce a product, including a “fair profit” margin | uses the Inglis test and expressly allows a showing of subjective intent to engage in predatory pricing | "[R]eligious groups may be held liable in tort for secular acts ... [and] in appropriate cases courts will recognize tort liability even for acts that are religiously motivated." | “[R]eligious groups may be held liable in tort for secular acts ... [and] in appropriate cases courts will recognize tort liability even for acts that are religiously motivated.” | “McNally serves to tighten up the concept of ‘victim.’ That is, to constitute fraud the entity to be deceived must also be the entity that is to part with property. | “The reason to bend the usual rules of finality is missing when liberty is not at stake.” | cannot infer predatory intent when the price charged is above average total cost | neither a “strong emotional interest” in correcting prior conviction nor the mere fact that petitioner paid a fine is sufficient to satisfy Article III; petitioner must be burdened by continuing disabilities | “McNally serves to tighten up the concept of ‘victim.’ That is, to constitute fraud, the entity to be deceived must also be the entity that is to part with property.” (emphasis in original) | prices above average total cost are conclusively legal | predatory intent to destroy competitor | predatory intent to destroy competitor

Citator

Cited by
34 opinions

Sup. Ct. Cal. Motions of National Council of Churches of Christ in the U. S. A. et al. and Society for the Scientific Study of Religion et al. for leave to file briefs as amici curiae granted. Certiorari denied.