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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.