United States Law Week: Index-Summary

E-MAIL

– Spam, individual lacks standing to bring private CAN-SPAM Act claim since not internet access provider (9th Cir.), 1087

EDUCATION

See SCHOOLS

EEOC (EQUAL EMPLOYMENT OPPORTUNITY COMMISSION)

See generally EMPLOYMENT DISCRIMINATION

EIGHTH AMENDMENT

– Cruel and unusual punishment, inmate in labor shackled to hospital bed, no qualified immunity for prison guard (8th Cir., en banc), 1229

ELECTIONS

– Ballot access, Ralph Nader suit against Democratic Natl. Comm. (D.C. Cir.), In Brief, 1011
– Campaign finance

– – Independent nonprofits, contribution and spending limits violate First Am. and Federal Election Campaign Act (D.C. Cir.), 1164
– – Lawyers contracting with state, Conn. Atty. Gen. immune from opponent's challenge to ban on accepting money from (2d Cir.), 1080

– Corporate directors

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

– Dilution of votes, redistricting for municipal elections not equal protection or Voting Rights Act violations (5th Cir.), 1201
– Exit polls and dissemination of voting-rights materials, state ban (N.J.), In Brief, 1207
– Jailed felons, Mass. ban on voting by (1st Cir.), In Brief, 1091
– Polling place solicitation, Fla. ban (11th Cir.), In Brief, 1026
– Touch-screen balloting system, state law authorizing (Ga.), In Brief, 1207

ELECTRICITY

See UTILITIES

ELECTRONIC COMMERCE

– Ed. Note: This heading covers electronic sales of goods and services and their regulation. Electronic mail is covered under E-MAIL. All other references to the web or the internet are found at INTERNET.
– Advertising, FTC issues updated guidelines on endorsements and testimonials, 2209; new guidance aimed at hidden marketing relationships on social networks and personal blogs, FTC official says, 2223
– Electronic fund transfers processed by intermediary bank not subject to maritime attachment and garnishment rule (2d Cir.), 1238

ELECTRONIC SURVEILLANCE

– Global positioning system (GPS) monitoring

– – Automobile movements (N.Y.), In Brief, 1011
– – Sex offenders on probation or parole (Mass.), In Brief, 1159

EMPLOYEE BENEFITS

– Employee Retirement Income Security Act

See ERISA

– Employee stock ownership plan (ESOP), preliminary injunction barring fiduciaries from using corporate assets to pay attorneys' fees upheld (9th Cir.), 1067
– Health insurance

See HEALTH INSURANCE

– Health savings accounts, IRS rules issued, In Brief, 2145
– Medical leave

– – Disability bias after leave, class certification overturned in ADA suit (3d Cir.), 1054
– – Retaliation after FMLA leave (6th Cir.), In Brief, 1191
– – Servicemember care portions of amended Act, OPM proposes rule changes to conform with, 2126

– Pension/retirement funds

See PENSIONS

– Social Security

See SOCIAL SECURITY

– Workers' compensation, Longshore and Harbor Workers Act does not cover psychological injury from valid personnel decision (9th Cir.), 1204; correction, 1242

EMPLOYEE RETIREMENT INCOME SECURITY ACT

See ERISA

EMPLOYMENT

See LABOR
– Benefits

See EMPLOYEE BENEFITS

– Executive pay

See EXECUTIVE COMPENSATION

– Job bias

See EMPLOYMENT DISCRIMINATION

– Safety

See OCCUPATIONAL SAFETY AND HEALTH

EMPLOYMENT DISCRIMINATION

– Age discrimination

– – Burden of proof, clarification of

See LEGISLATION, FEDERAL, HR 3721, S 1756

– – No-rehire policy of AT&T, EEOC files suit over workers who took early retirement (S.D.N.Y.), 2109
– – Pension benefits, Ledbetter Fair Pay Act applies to claim about rate of accrual (D. Colo.), 1134
– – Pretext proven in ADEA suit given employer's changing reasons for firing, vague policies, and disparate treatment (1st Cir.), 1232
– – Supreme Court, recent ADEA decisions criticized at EEOC meeting, 2043

– Arbitration

– – Costs, worker's share of (6th Cir.), In Brief, 1011
– – Mandatory arbitration of claims

– – – Bars on

See LEGISLATION, FEDERAL, HR 1020, S 931

– – – Defense contractors

See LEGISLATION, FEDERAL, HR 3326

– Bullying in the workplace, lawsuits and legislation more prevalent, Analysis and Perspective, 2151
– Compensation bias, EEOC revises manual on charge-filing periods, In Brief, 2116
– Disability bias

See DISABILITY DISCRIMINATION

– Faxed EEOC complaint, confirmation from sender's machine creates factual dispute on timeliness (7th Cir.), 1122
– National origin and religious bias, retaliatory discharge of Moroccan Muslim (9th Cir.), In Brief, 1191
– Racial discrimination

– – Class certification improperly denied given direct evidence establishing commonality (4th Cir.), 1082
– – Qualified immunity, claims against black county officials (11th Cir.), In Brief, 1144
– – Supreme Court nominee Sotomayor discusses New Haven firefighters decision at confirmation hearings, 2048; 2050
– – White city government employee, claims of promotion denial and racial harassment by black managers raise triable Title VII issues (2d Cir.), 1135

– Sex discrimination

– – Airline pilot, claim that employer dismissed female from flight program to remove object of sexual competition may proceed (9th Cir.), 1167
– – Pay raise, failure to answer request is compensation decision for purpose of EEOC complaint timeliness (3d Cir.), 1149

– Waiver of potential claims, EEOC guidance issued, 2043

ENDANGERED SPECIES ACT (ESA)

– Polar bears, Fish and Wildlife Serv. proposes critical habitat designation, 2241
– Roadless areas, Forest Service rulemaking process violated Act (9th Cir.), 1083

ENERGY

– Oil and gas

See OIL AND GAS

– Utilities

See UTILITIES

ENVIRONMENT

– Air pollution

See AIR POLLUTION; GREENHOUSE GASES

– Animals

See ANIMALS; ENDANGERED SPECIES ACT (ESA)

– Biosolids recyclers, no standing for commerce clause challenge to county ordinance barring application of sludge to land (9th Cir.), 1136
– Brownfields grant proposals, new EPA guidelines issued, 2111
– Cleanup liability, impact of high court decisions in CERCLA cases, Analysis and Perspective, 2103
– Climate change

– – Senate bill delayed, In Brief, 2129
– – Shareholder proposals seeking corporate action, numbers increasing, 2127

– Enforcement priorities of EPA, environmental justice issues to be weighed, 2176
– EPA operations, agency administrator reverses policy on employee cooperation with inspector general probes, 2094
– Lead munitions, claims of unlawful discharge and disposal by shooting range rejected (2d Cir.), 1070
– Mining operations

See MINING

– Oil and gas

See OIL AND GAS

– Rulemaking process

– – Forest Service, roadless areas rulemaking violated Natl. Envtl. Policy and Endangered Species Acts (9th Cir.), 1083
– – Justice concerns to be addressed earlier, EPA tells advisory council, 2063

– Water pollution

See WATER POLLUTION

ENVIRONMENTAL PROTECTION AGENCY (EPA)

See generally ENVIRONMENT

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

See generally EMPLOYMENT DISCRIMINATION

EQUAL PROTECTION

– DNA samples, requesting from black men in rape probe (4th Cir.), In Brief, 1176
– Elections, fundamental right to vote

– – Municipal elections, redistricting not violation of one person, one vote principle (5th Cir.), 1201
– – Touch-screen balloting system, state law authorizing (Ga.), In Brief, 1207

ERISA

– Conflict of interest when plan administrator is payor of benefits, balancing test applies to weigh effect of conflict on benefits decision (7th Cir.), 1101
– Disability benefits, plan administrator may amend plan to place time limit on benefits for mental disability (7th Cir.), 1101
– Health insurance

– – Employer fiduciary duty to retirees (3d Cir.), In Brief, 1176
– – Hospital, state law claims for payment from employee benefit plan not preempted (9th Cir.), 1166
– – Retroactive reinstatement of employer's coverage upheld, equitable remedy permitted (10th Cir.), 1081

– Pension plans

– – Death benefit, elimination by plan amendment not violation of Act anti-cutback provision (10th Cir.), 1052
– – Fractional test, usage to compute minimum benefit accruals upheld (2d Cir.), 1230
– – “Normal retirement age,” decision based on years of service instead of specified age upheld (7th Cir.), 1018

ESA

See ENDANGERED SPECIES ACT (ESA)

ESTABLISHMENT CLAUSE

See FREEDOM OF RELIGION

ESTATES

See WILLS AND ESTATES

ETHICS

– Attorneys

See ATTORNEY ETHICS

– Government employees

See generally GOVERNMENT EMPLOYEES

– Tax preparer misconduct, IRS will not seek maximum monetary penalties, 2046

EVIDENCE

– Attorney candor toward tribunals, false evidence

– – Court must be promptly notified if client does not remedy falsehood, N.H. ethics opinion, 2071
– – Duty of lawyer after witness dishonesty, panelists discuss, 2096

– Burden of proof

– – ADA challenge to curbs, sidewalks, and parking, city must show accrual date of claim (5th Cir.), 1032
– – Age bias in employment, clarification of burden

See LEGISLATION, FEDERAL, HR 3721, S 1756

– Class action, certification in racial bias suit improperly denied given direct evidence establishing commonality (4th Cir.), 1082
– Confessions, police officer taunting suspect (4th Cir.), In Brief, 1091
– Discovery

See DISCOVERY

– DNA samples, requesting from black men in rape probe not equal protection violation (4th Cir.), In Brief, 1176
– Exculpatory information, prosecutorial duty to disclose goes beyond Brady obligation, ABA ethics opinion, 2139
– Job discrimination

– – Age bias, pretext proven in ADEA suit given employer's changing reasons for firing, vague policies, and disparate treatment (1st Cir.), 1232
– – Racial bias, white city government employee presented enough proof to proceed on claims against black managers (2d Cir.), 1135

– Patent matters

– – Applicant challenging PTO denial of patent may not offer new evidence in court (Fed. Cir.), 1105
– – Infringement, damages award vacated for lack of evidentiary support (Fed. Cir.), 1154

– Privileged communications

– – Attorney-client

See ATTORNEYS

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

– Search and seizure

See generally SEARCH AND SEIZURE

– Witnesses

See WITNESSES AND TESTIMONY

EX POST FACTO LAWS

– Sex offenders

– – GPS monitoring of probationers and parolees (Mass.), In Brief, 1159
– – Juvenile offenders, registration requirements not retroactively applicable (9th Cir.), 1184

EXECUTIVE BRANCH

See PRESIDENT, U.S.

EXECUTIVE COMPENSATION

– Banks

– – Fed proposes probe of incentive policies, 2236
– – Institutions receiving bailout funds, report details top executives' pay, urges government action, 2123

– Clawback of bonuses, SEC seeks reimbursement from CEO for monies earned while firm misled investors (D. Ariz.), 2065
– Compensation committee independence and nonbinding vote by shareholders on pay, draft bill by Obama administration, 2045
– Disclosure

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

– TARP recipients

– – Government issues limits on pay for firms receiving most assistance, 2236
– – Say-on-pay, SEC proposes proxy rules changes, 2013

EXECUTIVE NOMINATIONS AND CONFIRMATIONS

See NOMINATIONS AND CONFIRMATIONS

EXPERT WITNESSES

– Work product protections, proposed change to Fed. Rule of Civil Procedure 26 would provide, panelists discuss, 2098