· 12/4/2002
United States of America, Plaintiff-Appellee-Cross-Appellant v. Eric Kung-Shou Ho, Defendant-Appellant-Cross-Appellee
Citations
- 311 F.3d 589
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that we may affirm on any basis supported by the record
- reversing district court refusal to impose Subsection (b)(1) adjustment where preponderance of evidence showed that asbestos escaped into environment
- emphasizing that Congress may only regulate “commercial activity”
- rejecting interstate commerce challenge to federal asbestos abatement violations at a fixed, intrastate location based on the fact that the defendant “gained a commercial advantage on licensed abatement companies” and deprived them of “a promising business opportunity”
- “Congress may not add the words ‘interstate com- merce’ to every statute and expect the courts meekly to com- ply.”
- dis- cussing work practice standards involving asbestos
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Jones, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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