United States Law Week: Index-Summary

DAMAGES

– Bivens claim by terrorist suspect, Atty. Gen. Ashcroft not immune from suit of American detained under material witness warrant (9th Cir.), 1142; circuit split roundup, 1192
– Patent infringement judgment against Microsoft upheld, damages award vacated for lack of evidentiary support (Fed. Cir.), 1154

DEBT COLLECTION

– Fair Debt Collection Practices Act

– – Letter to debtor that was unclear as to attorney's involvement may be deceptive (5th Cir.), 1079; circuit split roundup, 1127
– – Sanctions for abusive litigation (9th Cir.), In Brief, 1011

DEFAMATION

– Death of Anna Nicole Smith, claims by former boyfriend against book author may proceed (S.D.N.Y.), 1100

DEFENSE CONTRACTS

– Fatal assault of detainee in Afghanistan, jurisdiction exists to prosecute CIA civilian contractor (4th Cir.), 1099
– Iraqi Abu Ghraib prisoners, abuse claims against U.S. contractors preempted by FTCA (D.C. Cir.), 1157
– Mandatory arbitration of employee claims, bar on

See LEGISLATION, FEDERAL, HR 3326

– Rape by Halliburton coworkers, arbitration of claims against employer not required (5th Cir.), 1152

DELIVERY SERVICES

See MAIL AND DELIVERY SERVICES

DIRECTORS AND OFFICERS

– Elections

– – NYSE elimination of broker voting approved by SEC, 2013
– – Shareholder nomination of candidates, SEC delays vote on proposal, In Brief, 2211

– Executive compensation

See EXECUTIVE COMPENSATION

– Liability insurance policy for executives, no indemnification of corporation since only corporation named defendant (1st Cir.), 1219

DISABILITY BENEFITS

– Time limit on benefits for mental disability, plan administrator may amend plan to include (7th Cir.), 1101
– Veteran's rights violated by Board of Veterans' Appeals' use of tainted medical records to determine benefits (Fed. Cir.), 1111

DISABILITY DISCRIMINATION

– ADA Amendments Act, EEOC approves proposed rule to conform with, 2155; agency attorney outlines key rule provisions, 2237
– Curbs, sidewalks, and parking lots of city, ADA claim accrues upon construction date of noncompliant barrier (5th Cir.), 1032
– Pattern or practice of bias against workers after medical leave, class certification in ADA suit overturned (3d Cir.), 1054
– Reasonable accommodation

– – Depression, school district may have violated ADA by denying teacher's request for classroom with natural light (7th Cir.), 1215
– – No accommodation possible for employee (2d Cir.), In Brief, 1243

– Rehabilitation Act, deaf patient and family members' claim against hospital for failure to provide interpreter may proceed (2d Cir.), 1203
– Sight impairment, ADA claim against transit system fails due to compliance with federal design rules (9th Cir.), 1118
– Transition plans for achieving accessibility, ADA rule unenforceable via private right of action (9th Cir.), 1003; circuit split roundup, 1060

DISASTERS

See NATURAL DISASTERS

DISCHARGE OF EMPLOYEES

– Age bias, pretext proven in ADEA suit given employer's changing reasons for firing, vague policies, and disparate treatment (1st Cir.), 1232
– National origin and religious bias, retaliatory firing of Moroccan Muslim (9th Cir.), In Brief, 1191
– Oral complaints not protected activity covered by FLSA retaliation provision, intracompany complaints protected (7th Cir.), 1021; circuit split roundup, 1060
– Sarbanes-Oxley Act whistleblowers

– – In-house counsel may use employer's privileged materials to support retaliation claim (DOL ARB), 2208
– – Protected activity lacking, claim dismissed (DOL ARB), In Brief, 2145

– Sex discrimination, claim that employer dismissed female pilot from flight program to remove object of sexual competition may proceed (9th Cir.), 1167

DISCLOSURE

– Conflict of interest, public official's nondisclosure may justify honest services fraud conviction of private citizen (3d Cir.), 1051
– Credit card customer rights, OCC orders further disclosures from banks, In Brief, 2143
– Discovery

See DISCOVERY

– Executive compensation

– – Compensation consultants, SEC proposes rule on fees paid to and services provided by, 2046
– – Longer proxy statements, SEC proposal, 2013

– False Claims Act, original source exception to public disclosure bar, whistleblower need not provide information to government before disclosure occurs (1st Cir.), 1126; circuit split roundup, 1192
– Federal Advisory Comm. Act, Commerce Dep't disclosure compliance (D.C. Cir.), In Brief, 1244
– FOIA

See FREEDOM OF INFORMATION

– Lobbying organizations, law requiring disclosure of member companies' names upheld (D.C. Cir.), 1140
– Notice

See NOTICE

– Prohibited

See PRIVACY

– Reporting requirements

See REPORTING REQUIREMENTS

– Tax evasion, voluntary disclosure of offshore assets, In Brief, 2068; deadline extended, In Brief, 2180; IRS Comm'r announces number of taxpayers seeking amnesty, 2222
– Truth in Lending Act, Fed proposes changes to disclosure requirements for mortgages and home equity lines of credit, 2061

DISCOVERY

– Attorneys, leaking opponent's confidential document obtained in discovery warrants dismissal of suit (7th Cir.), 1163
– Electronic discovery

– – Duties of lawyers in using electronic media, panelists discuss, 2234
– – Metadata, role and relevance, Analysis and Perspective, 2135

– Exculpatory information, prosecutorial duty to disclose goes beyond Brady obligation, ABA ethics opinion, 2139
– FOIA requests, lawyers discuss using as discovery tool in fighting SEC charges, 2029
– Nonparty deponent lacks First Amendment anonymity right in securities fraud suit (4th Cir.), 1098
– Privileged communications

– – Attorney-client

See ATTORNEYS

– – State secrets privilege, DOJ releases new policy requiring significant harm in order to invoke, 2178

– SEC enforcement, agency announces broader subpoena authority, 2076

DISCRIMINATION

– Age

See AGE DISCRIMINATION

– Disability

See DISABILITY DISCRIMINATION

– Job

See EMPLOYMENT DISCRIMINATION

– National origin

See NATIONAL ORIGIN DISCRIMINATION

– Racial

See RACIAL DISCRIMINATION

– Sex

See EMPLOYMENT DISCRIMINATION

DIVORCE

– Attorney/mediator, representing one spouse in divorce after related domestic relations mediation not conflict of interest, Ohio ethics opinion, 2023
– Civil unions (N.Y. Sup. Ct.), In Brief, 1091
– Pensions, sham divorces for benefits (S.D. Tex.), In Brief, 1243

DOCTORS

See PHYSICIANS

DOUBLE JEOPARDY

– Identity theft (11th Cir.), In Brief, 1176

DRUGS

See also PHARMACEUTICALS
– Mexican informant who aided drug prosecution, Board of Immigration Appeals' decision not to defer removal must be reviewed (8th Cir.), 1102
– Testing, disciplined football players' statutory claims against NFL not preempted, tort claims preempted (8th Cir.), 1171

DUE PROCESS

– Abortion, Va. ban on partial birth infanticide upheld (4th Cir., en banc), 1004
– Attorney malpractice in patent application, personal jurisdiction proper over Canadian law firm that filed application in U.S. (Fed. Cir.), 1072; circuit split roundup, 1127
– Body parts removed during autopsy, next-of-kin's right to possess (6th Cir.), In Brief, 1112
– Foreign states and their agents not “persons” entitled to Fifth Am. rights (2d Cir.), 1181
– Internet gambling, law barring businesses from processing payments for illegal transactions not void for vagueness (3d Cir.), 1137
– Sentencing delays barred by Fifth Am. (2d Cir.), 1148
– Sexual devices, state ban on sale of (Ala.), In Brief, 1191
– Veteran's rights violated by Board of Veterans' Appeals' use of tainted medical records to determine disability benefits (Fed. Cir.), 1111