Gary Young

July 12, 2004 | National Law Journal

A recent appellate court decision proves that the U.S. Supreme Court did not entirely shut down lawsuits against health maintenance organizations (HMOs) at the end of this year's term.

By Gary YoungStaff reporter

4 minute read

December 08, 2003 | National Law Journal

A recent decision by the 6th U.S. Circuit Court of Appeals is "timely" in two senses of the word.

By Gary Young Staff Reporter

4 minute read

March 01, 2004 | National Law Journal

A lopsided split has developed over whether to give the crown of "prevailing party" to a plaintiff who gets what he or she wants through an out-of-court settlement, even if no court gives its blessing to the agreement.

By Gary YoungStaff Reporter

4 minute read

April 01, 2002 | Law.com

In the first federal appellate ruling of its kind, the 9th U.S. Circuit Court of Appeals on March 20 held that a district judge who authorized e-mail service on an evasive foreign defendant violated neither the Federal Rules of Civil Procedure nor the U.S. Constitution. The court cautioned that the ruling doesn't mean that federal plaintiffs can use e-mail service as a routine matter.

By Gary Young

3 minute read

May 17, 2004 | National Law Journal

Despite an overturned conviction by a second Massachusetts court, a Brazilian man's deportation order still stands undisturbed.

By Gary YoungStaff Report

3 minute read

September 06, 2004 | National Law Journal

In 1996, Congress created a presumption in favor of granting asylum to foreigners forced to undergo an abortion or sterilization or who had reason to fear such treatment if they returned to their native country. Court decisions have extended the benefit of the presumption, codified at 8 U.S.C. 1101(a)(42), to the spouses of those facing such treatment. But what about unmarried couples?

By Gary YoungStaff reporter

3 minute read

November 17, 2003 | National Law Journal

Law schools must open their doors to military recruiters, even if the U.S. Department of Defense's refusal to admit homosexuals to military service offends the schools' anti-discrimination policies, a federal judge has ruled.

By Gary YoungStaff reporter

3 minute read

April 05, 2004 | National Law Journal

Since a debtor in possession cannot cure the past, why are some judges insisting that DIPs cannot assume contracts where non-monetary defaults are the only obstacle to rehabilitating their businesses? 1st U.S. Circuit Judge Sandra Lynch has some ideas.

By Gary YoungStaff reporter

3 minute read

August 11, 2003 | National Law Journal

Sitting en banc, the 11th U.S. Circuit Court of Appeals on July 28 ruled that a Georgia sheriff is an arm of the State when it comes to setting use-of-force policy in a county jail and thus shares in the state's immunity from liability under the 11th Amendment.

By Gary YoungStaff reporter

4 minute read

June 03, 2002 | Law.com

The U.S. Supreme Court's Festo ruling rebuked the U.S. Court of Appeals for the Federal Circuit for blazing a new trail in patent law that left patent holders afraid that they might be defenseless against copycat manufacturers. But patent law specialists remain uncertain about the impact of the decision, with the biggest question being how the Federal Circuit will apply the principle laid down by the Supreme Court.

By Gary Young

2 minute read