Climate Change Project

Table of Contents




Guide to: American Soc'y of Mechanical Eng'rs v. Hydrolevel Corp., 456 U.S. 556 (1982)

What is the ASME?

Why are these types of organizations powerful?

What sort of standards does it promulgate and why are they important?

Why are boiler standards so important?

How was Hydrolevel's product different from M&Ms?

How was M&M involved with the ASME?

Who was Hardin and what was his relationship to ASME and M&M?

What inquiry did he and James make of the Boiler and Pressure Vessel Committee

What was Hardin's response to the inquiry?

Is this true?

How did M&M use this letter and why was this am important sales technique?

What did ASME do when asked by Hydrolevel to cure the letter by sending a correction to everyone who might have received the original?

How did the ASME screw-up its investigation?

What happened to Hydrolevel?

What was the agency question posed by this case?

What did the jury rule?

Why did the Court of Appeals affirm?

Did the Court of Appeals accept all of the jury's ruling?

What is apparent authority and what examples did the court give?

Why is apparent authority necessary for business?

What was the court's example of the power of ASME's agents?

Why are the actions of groups like ASME peculiarly liable to be antitrust violations?

What evidence showed that M&M used James to lobby ASME?

Why hold ASME liable?

Why are private antitrust lawsuits important?

Why do attorney's like them?

Why won't the District Court's ratification theory work?

Why does not it matter whether the antitrust activities benefit the ASME?

ASME argues that it is a nonprofit organization and should be immune from antitrust. What does the court say about this?

What are ASME's benefits?

Can you think of other important nonprofits in health care?

What legislative history did the defense use to support its claim that the Sherman Act should not apply to ASME?

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