Young

April 19, 2004 | National Law Journal

Ceballos v. Garcetti sparked a debate between 9th Circuit judges over an issue that has divided the circuits: whether public employees enjoy any First Amendment protection for statements made in the ordinary course of carrying out their employment duties.

By Gary YoungStaff reporter

3 minute read

August 04, 2003 | National Law Journal

A company mulling the possibility of sweetening its early-retirement plan with a view to reducing its labor costs faces a dilemma when an employee nearing retirement age asks if any changes to the plan are in the works.

By By Gary Young

4 minute read

September 27, 2004 | National Law Journal

Under federal law, an alien facing imminent deportation may opt instead for a "voluntary departure" within a certain time, usually 60 days. But aliens who are in the midst of appealing an agency determination may have to drop those appeals if they accept voluntary departure, because of the practical difficulties of carrying on litigation from abroad.

By Gary YoungStaff Reporter

3 minute read

August 23, 2004 | National Law Journal

Six circuit courts believe themselves unavailable at the federal level to oversee certain civil rights cases if the defendant entity employs fewer than 15 people.

By Gary YoungStaff reporter

4 minute read

October 27, 2003 | National Law Journal

A settlement between New York City and recipients of public assistance raises the question of whether anyone can be considered the prevailing party in a lawsuit when the two sides compromise.

By Gary Young Staff reporter

4 minute read

January 05, 2004 | National Law Journal

In the last months of 2003, two circuit courts gave divergent answers to a question that had never before been squarely addressed by a federal appellate court: Does the equal protection clause allow litigants to use peremptory strikes to exclude potential jurors from a panel on the basis of religion?

By Gary YoungStaff reporter

4 minute read

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