July 26, 2004 | National Law Journal
CIVIL RIGHTS | Federal employees' equity undecidedVarious 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
REAL ESTATE | Discord over closing-cost markupsThe 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
October 23, 2007 | Daily Report Online
Calif. attorney general vows to sue EPA to force emission standards decisionSACRAMENTO, Calif. AP - The state's attorney general said Monday that he would sue the Environmental Protection Agency in an attempt to force it to decide whether to let California and 11 other states impose stricter standards on certain vehicle emissions.The lawsuit, expected to be filed Wednesday in federal court in Washington, D.
By Samantha Young
3 minute read
June 21, 2004 | National Law Journal
BANKRUPTCY | Does the 'fourth option' exist?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
Colorado Takes Chill off Its BookstoresThe 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
No Indemnity for Self-Serving OfficerDespite 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
September 08, 2003 | National Law Journal
Breaking ranks on military immunityFormer Air National Guard Staff Sergeant Donald J. Dibble may not sue the military superiors who discharged him and refused to allow his reenlistment, the 2d U.S. Circuit Court of Appeals ruled on Aug. 8
By Gary YoungStaff reporter
4 minute read
February 02, 2004 | National Law Journal
Identity unknown, diversity unknowableThe intricacies of the organization known as Lloyd�s of London have posed jurisdictional difficulties for federal courts considering diversity lawsuits to which Lloyd�s of London underwriters are a party. The circuit courts disagree on how to address those difficulties.
By Gary YoungStaff Reporter
4 minute read
July 05, 2004 | National Law Journal
IMMIGRATION | Breaking ranks over retroactivityA 1996 statute dealing with the deportation of felons cannot be applied retroactively to an alien who in 1993 refused a plea bargain and went to trial on the understanding that even a conviction would leave him eligible to remain in the country.
By Gary YoungStaff reporter
4 minute read
July 12, 2004 | National Law Journal
APPELLATE PROCEDURE | Circuits spar over SLUSA remandsDespite a federal statute stating that "an order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise," the 7th U.S. Circuit Court of Appeals ruled on June 30 that it has the authority to review some remand orders made pursuant to the Securities Litigation Uniform Standards Act of 1998 (SLUSA).
By Gary YoungStaff reporter
3 minute read
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