Gary Young

August 16, 2004 | National Law Journal

The U.S. Court of Appeals for the Federal Circuit ruling that the federal government owes $381 million to a bank may establish a pattern for future cases where there is a government breach of agreements.

By Gary Young

3 minute read

August 09, 2004 | National Law Journal

Parents of a disabled child must prove violations of IDEA have occurred, according the the 4th, 5th, 6th and 10th circuits. However, the 2d, 3d, 8th and 9th circuits place the burden to verify conformance on the school district.

By Gary YoungStaff reporter

3 minute read

January 25, 2002 | Law.com

A woman who saw an uninsured driver hit and kill her friend can recover for emotional distress under the uninsured motorist provision of her own auto policy, the Washington Court of Appeals has ruled. The case is similar to a 1998 case in which the Washington Supreme Court held just the opposite. The difference here, the appellate court held, is that the woman's emotional distress had physical manifestations.

By Gary Young

3 minute read

November 10, 2003 | National Law Journal

Self-serving statements lead to split

By Gary Youngstaff reporter

4 minute read

October 06, 2003 | National Law Journal

Hairsplitting minutiae, like the nuances of the words "in" and "of," cause the 11th U.S. Circuit Court of Appeals to line up with the 6th Circuit in opposition to the 5th Circuit's view on federal jurisdiction in murder-for-hire cases.

By By Gary YoungStaff reporter

4 minute read

July 26, 2004 | National Law Journal

Various circuit courts are mixed in their opinions regarding the ability of individuals to seek damages against federal agents who violate their constitutional rights under color of federal law.

By Gary YoungStaff Reporter

3 minute read

September 20, 2004 | National Law Journal

The word "and" contributed to a dispute among the circuits with regard to its function in the Real Estate Settlement Procedures Act.

By Gary YoungStaff Reporter

3 minute read

June 21, 2004 | National Law Journal

The 3d Circuit Court of Appeals applied an option in the Bankruptcy Code allowing Chapter 7 debtors to retain property that should otherwise serve as collateral.

By Gary YoungStaff reporter

3 minute read

April 16, 2002 | Law.com

The Colorado Supreme Court on April 8 refused to order a bookstore to tell police who bought how-to books on making illegal drugs, saying the First Amendment and state constitution protect the right to purchase books anonymously. Police and prosecutors had argued that the buyer's identity was critical to their investigation of a methamphetamine lab, and that they had no other way to prove who owned the books.

By Gary Young

3 minute read

May 06, 2002 | Law.com

Despite its generous indemnification policy, a construction company will not have to pay for an executive's misdeeds against his former employer, ruled the 5th U.S. Circuit Court of Appeals. The court held that British construction company Balfour Beatty has no duty to indemnify William L. Miller for a theft of documents that Miller took with the goal of persuading Balfour to put him in charge of a new branch.

By Gary Young

3 minute read