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[Newsedge BETA] Food Safety & Testing
[Newsedge BETA] FDA Drug & Device Approvals
Health Care
Real Estate
Alternative Dispute Resolution
[10/03]
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Benefits and Compensation
[12/02]
Rules target medically unfit truck, bus drivers
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Construction
[12/02]
Innovative San Francisco Designer Reinvents Contemporary Living Spaces
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Employment Practices
[12/02]
Rules target medically unfit truck, bus drivers
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Government Relations
[12/02]
Paulson urges Chinese to continue currency reforms
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Labor and Management Relations
[12/02]
Dutch arm of Tata steel to furlough 4,600 workers
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Politics
[11/13]
Bush says faith sustained him through presidency
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Project Finance
[11/14]
Malaysia exempts manufacturers from import duties
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Tax-Exempt Organizations
[12/02]
Mary Kay Inc. Joins With Amanda Bynes and Break the Cycle in Effort to End Teen Dating Violence
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[Newsedge BETA] Food Safety & Testing
[05/11]
EU broke trade rules by blocking genetically modified food imports, WTO rules
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[Newsedge BETA] FDA Drug & Device Approvals
[05/11]
HPV vaccine nearing approval: FDA likely to OK immunizer that may eliminate most cases of cervical cancer
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Health Care
[12/02]
1 in 5 young adults has personality disorder
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Real Estate
[12/02]
Innovative San Francisco Designer Reinvents Contemporary Living Spaces
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Case Summaries
Administrative Law
Attorney's Fees
Constitutional Law
Contracts
Dispute Resolution & Arbitration
Education
Elections
Government Benefits
Government Contracts
Workers' Comp
Environmental Law
Labor & Employment Law
Transportation
Administrative Law
[11/24]
BNSF Ry. Co. v. Bhd. of Maint. of Way Employees
In a labor dispute in which defendant-union sought the production of certain documents by plaintiff-employer, vacatur of National Railroad Adjustment Board's (NRAB) order requiring production of documents is affirmed in part, reversed in part and remanded where: 1) NRAB's failure to make a finding on whether plaintiff acted in violation of the CBA was not an interpretation of the CBA, and remand to NRAB was therefore required; 2) NRAB was within its jurisdiction to order the production of documents; and 3) NRAB did not violate its obligation to interpret the award upon the parties' request.
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Attorney's Fees
[11/28]
Bah v. Cangemi
In proceedings arising after petitioner successfully petitioned under 28 U.S.C. section 2241 for release from his detention in an immigration case, a denial of petitioner's request for attorney's fees under the Equal Access to Justice Act is affirmed where the district court did not abuse its discretion in finding that that the government's position regarding the detention and the litigation had been substantially justified.
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Constitutional Law
[12/01]
People v. Rubin
Conviction for selling marijuana and possessing marijuana for sale is affirmed over claim that the trial court erred in excluding references to the Religious Freedom Restoration Act, United States Constitution, and the state Constitution as part of defendant's religious freedom defense.
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Contracts
[12/01]
Crescent/Mach I Partners L.P. v. Dr. Pepper Bottling Co. of Texas
In a statutory appraisal action arising from an acquisition by merger, an order modifying the appraisal opinion is reversed where the dispute had become moot by operation of a settlement agreement, and the purported modification of the appraisal opinion therefore had no legal effect.
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Dispute Resolution & Arbitration
[11/24]
BNSF Ry. Co. v. Bhd. of Maint. of Way Employees
In a labor dispute in which defendant-union sought the production of certain documents by plaintiff-employer, vacatur of National Railroad Adjustment Board's (NRAB) order requiring production of documents is affirmed in part, reversed in part and remanded where: 1) NRAB's failure to make a finding on whether plaintiff acted in violation of the CBA was not an interpretation of the CBA, and remand to NRAB was therefore required; 2) NRAB was within its jurisdiction to order the production of documents; and 3) NRAB did not violate its obligation to interpret the award upon the parties' request.
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Education
[12/01]
Davies v. Sallie Mae, Inc.
Order sustaining defendant's demurrers to plaintiff's second amended complaint (SAC) is affirmed where: 1) as a matter of law plaintiff could not sustain a cause of action under the Higher Education Act (HEA); 2) plaintiff's briefs did not meet his burden on appeal by indicating how plaintiff's complaint could be amended to avoid bringing suit on the HEA; and 3) the trial court did not abuse discretion in granting the demurrers to plaintiff's SAC without leave to amend.
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Elections
[11/26]
League of Women Voters of Ohio v. Brunner
In a claim by plaintiff-voting rights organizations claiming that state voting system was deficient and alleging violations of equal protection, substantive due process, procedural due process and the Help America Vote Act of 2002 (HAVA), decision dismissing the HAVA claim but allowing parties to proceed on the constitutional claims is affirmed in part and reversed in part where: 1) plaintiffs and intervenor pled sufficient facts to survive a motion to dismiss with respect to their equal protection and substantive due process claims; however 2) plaintiffs did not allege facts that would establish a violation of procedural due process, if proven.
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Government Benefits
[11/24]
In the Matter of Gormley v. New York State Ethics Commission
Imposition of a civil penalty under Public Officers Law section 73(18) does not require the New York State Ethics Commission to prove that petitioner knew the conduct was prohibited and acted intentionally to violate the statute.
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Government Contracts
[11/28]
US ex rel. Burlbaw v. Orenduff
In an action under the False Claims Act (FCA) alleging that defendants, past and present high-ranking administrators of New Mexico State University (NMSU), falsely certified that NMSU was a "minority institution" eligible for Department of Defense set-aside contract grants, summary judgment for defendants is affirmed where: 1) the circuit court does not address whether qualified immunity is a viable defense in an FCA action; and 2) relators failed to introduce sufficient evidence for a jury to find that any defendant knowingly misrepresented NMSU's eligibility as a minority institution.
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Workers' Comp
[11/21]
Lewis v. Workers' Comp. Appeals Bd.
In a worker's compensation issue concerning whether the 2005 Permanent Disability Rating Schedule (2005 Schedule) or the previous 1997 Permanent Disability Rating Schedule (1997 Schedule) applied to the determination of plaintiff-employee's permanent disability, decision by defendant-appeals board finding that the 2005 Schedule applied is annulled and the matter is remanded where: 1) in accordance with legal precedence, an injured worker's condition need not be permanent and stationary for the section 4660(d) comprehensive medical-legal report or treating physician's report to indicate the existence of permanent disability; and 2) if the existence of a permanent disability was indicated in the doctor's treating physician's report of December 17, 2004, in light of the entire record, then the 1997 Schedule applied.
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Environmental Law
[11/28]
Albany Eng'g Corp. v. Fed. Energy Regulatory Comm'n
In a case involving the reimbursement by downstream licensees of upstream dam operators for "headwater benefits" conferred by those dams, petition for review of a FERC order allowing state regulation of the reimbursements is granted, and order reversed in part, where section 10(f) of the Federal Power Act preempts state law over compensation for headwater benefits, and FERC's interpretation to the contrary was unreasonable.
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Labor & Employment Law
[12/02]
Powers v. Richards
In a 42 U.S.C. section 1983 suit alleging that plaintiff was fired because of his Republican party affiliation, summary judgment for defendants is affirmed where plaintiff did not produce evidence to show any constitutional violation when defendants chose to replace him with a member of the party of the sitting governor.
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Transportation
[11/26]
Archer v. Nissan Motor Acceptance Corp.
In a suit under the Equal Credit Opportunity Act (ECOA) and state law, alleging that defendant engaged in discriminatory dealer loans, and misrepresented that plaintiffs were receiving the "best rate" on their car loans, summary judgment for defendants is affirmed where the claims were brought well outside their respective limitations periods, and no judicially imposed equitable doctrine, such as a discovery rule, saved the claims.
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