United States Law Week: Index-Summary

FAIR CREDIT REPORTING ACT (FCRA)

– Free credit report rule, FTC proposes changes, In Brief, 2210
– Mortgage broker purchase of prescreened credit reports, state claims against reporting agencies preempted (2d Cir.), 1199

FAIR HOUSING ACT

See HOUSING

FAIR LABOR STANDARDS ACT (FLSA)

– Retaliatory discharge, oral complaints not protected activity, intracompany complaints are protected (7th Cir.), 1021; circuit split roundup, 1060

FALSE CLAIMS ACT

– Original source exception to public disclosure bar, relator need not provide information to government before disclosure occurs (1st Cir.), 1126; circuit split roundup, 1192

FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Retaliation against worker after Act leave (6th Cir.), In Brief, 1191
– Servicemember care portions of amended Act, OPM proposes rule changes to conform with, 2126

FAMILY LAW

– Abortion

See ABORTION

– Children

See CHILDREN

– Divorce

See DIVORCE

– Emergency contraceptive pill Plan B, pharmacists opposed to distributing on religious grounds, preliminary injunction barring enforcement of law requiring all prescriptions to be filled, vacated (9th Cir.), 1039
– Inmate in labor shackled to hospital bed, prison guard not shielded from civil rights suit (8th Cir., en banc), 1229
– Medical leave

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

FARMING

See AGRICULTURE

FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

FEDERAL CONTRACTS

See GOVERNMENT CONTRACTS

FEDERAL EMPLOYEES

See GOVERNMENT EMPLOYEES

FEDERAL PREEMPTION

See PREEMPTION

FEDERAL TORT CLAIMS ACT (FTCA)

– Iraqi Abu Ghraib prisoners, abuse claims against U.S. military contractors preempted (D.C. Cir.), 1157

FEES

– Attorneys

See ATTORNEYS' FEES

– Mortgages

– – Document preparation fees, Mo. ban on unauthorized practice of law preempted by federal rule on loan-related fees (8th Cir.), 1229
– – Title insurance fees, homeowners who refinanced may not challenge under Real Estate Settlement Procedures Act (4th Cir.), 1008

FIDUCIARY DUTY

– ERISA, duty of employer as to retiree health benefits (3d Cir.), In Brief, 1176
– Insider trading, computer hacker liable despite no breach of duty in obtaining data (2d Cir.), 1074; circuit split roundup, 1127

FIFTH AMENDMENT

– Double jeopardy, identity theft charges (11th Cir.), In Brief, 1176
– Due Process Clause

– – Foreign states and their agents not “persons” entitled to rights under Clause (2d Cir.), 1181
– – Sentencing delays barred (2d Cir.), 1148

– Right to counsel during interrogation, police officer taunting suspect (4th Cir.), In Brief, 1091
– Takings Clause

See TAKINGS

FINANCIAL INSTITUTIONS

See BANKING

FIREARMS AND WEAPONS

– Environment, claims of unlawful discharge and disposal of lead munitions by shooting range rejected (2d Cir.), 1070
– Second Amendment rights

– – Cal. ordinance barring gun possession on county property upheld (9th Cir., rehear en banc granted), 1071
– – Challenges to local gun control laws, circuit split roundup, 1012
– – Juvenile possession of handguns, federal ban upheld (1st Cir.), 1214
– – N.C. felon-in-possession law invalid as applied (N.C.), 1120

– Supreme Court nominee Sotomayor, gun rights discussed at confirmation hearings, 2048

FIRST AMENDMENT

– Free speech

See FREEDOM OF SPEECH

– Religious freedom

See FREEDOM OF RELIGION

FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

FOIA

See FREEDOM OF INFORMATION

FOOD

See also BEVERAGES
– Food Stamp Act, trial de novo provision, circuit split roundup, 1012

FOREIGN AFFAIRS

See INTERNATIONAL DEVELOPMENTS; INTERNATIONAL TRADE

FOREIGN SOVEREIGN IMMUNITIES ACT

– Commercial activities exception, disappointed government bondholders may not attach transferred pension funds in suit against Argentina (2d Cir.), 1235
– Expropriation exception, Spain subject to suit by U.S. citizen seeking return of painting taken by Nazis (9th Cir.), 1151
– State sponsor of terrorism exception not separation of powers violation (D.D.C.), 1202

FORESTS

See PUBLIC LANDS

FORFEITURE

– Civil Asset Forfeiture Reform Act, attorneys' fees incurred in criminal case leading to dismissal of related civil action not recoverable (11th Cir.), 1121

401(k) PLANS

See PENSIONS

FOURTH AMENDMENT

See SEARCH AND SEIZURE

FRAUD

– Antitrust, product purchaser has standing to claim fraud in obtaining patent that was held invalid (2d Cir.), 1227
– Computer Fraud and Abuse Act, whether employee's use of work computer is unauthorized depends on employer policies, not employee state of mind (9th Cir.), 1174; circuit split roundup, 1192
– Corporate misconduct, executives surveyed on fraud risks in their organizations, 2142
– 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
– Honest services fraud, public official's nondisclosure of conflict of interest may justify conviction of private citizen (3d Cir.), 1051
– Medicare, HHS launches fraud prevention website, In Brief, 2243
– Securities

See SECURITIES FRAUD

– Trademark registration, PTO standard for intent to commit fraud improperly lowered to negligence (Fed. Cir.), 1141

FREE EXERCISE CLAUSE

See FREEDOM OF RELIGION

FREEDOM OF INFORMATION

– FBI notes, interview with Cheney about Plame (D.D.C.), In Brief, 1208
– Obama's open government pledge, advocacy groups question results, BNA Focus, 1043
– Reverse-FOIA claims, corporations may assert personal privacy interests in resisting agency disclosure of records (3d Cir.), 1170; circuit split roundup, 1192
– SEC charges, use of FOIA as defense discovery tool, lawyers discuss, 2029
– White House visitor lists to be disclosed, In Brief, 2129

FREEDOM OF RELIGION

– Emergency contraceptive pill Plan B, pharmacists opposed to distributing, preliminary injunction barring enforcement of law requiring all prescriptions to be filled, vacated (9th Cir.), 1039
– Establishment Clause

– – Contract postal unit operated by church, religious displays (2d Cir.), In Brief, 1192
– – Ten Commandments on county courthouse lawn (10th Cir., rehear en banc den), In Brief, 1091

– Job bias, retaliatory discharge of Moroccan Muslim (9th Cir.), In Brief, 1191
– Pledge of allegiance, “under God” (D.N.H.), In Brief, 1244

FREEDOM OF SPEECH

– Abortion, Mass. law setting buffer zone around clinics not violation of anti-abortion counselors' rights (1st Cir.), 1038
– Adult bookstore offering solely take-home items, city granted hearing on lawfulness of zoning ordinance's litter control objective (7th Cir.), 1172
– Anonymity right, nonparty deponent lacks in securities fraud suit (4th Cir.), 1098
– Commercial signs and billboards, limits on (5th Cir.), In Brief, 1224
– Credit rating agencies, securities fraud suit by institutional investors (S.D.N.Y.), In Brief, 1176
– Elections, state ban on exit polls and dissemination of voting-rights materials (N.J.), In Brief, 1207
– Funeral of Marine, picketers against gays in military shielded from tort liability (4th Cir.), 1183
– Government speech, town website may include link to school-sponsored event site while rejecting link to taxpayer group site (1st Cir.), 1188
– Internet gambling, law barring businesses from processing payments for illegal transactions upheld (3d Cir.), 1137
– Leaflets on car windshields, city ban on (9th Cir.), In Brief, 1243
– Lobbying organizations, law requiring disclosure of member companies' names upheld (D.C. Cir.), 1140
– Parks, limits on street performers (9th Cir., en banc), In Brief, 1091
– Political speech

– – Candidates have no right to receive campaign donations (2d Cir.), 1080
– – Independent nonprofits, campaign contribution and spending limits invalid (D.C. Cir.), 1164
– – Polling place solicitation, Fla. ban (11th Cir.), In Brief, 1026
– – Protesters, removal by Secret Service (9th Cir.), In Brief, 1092

– School dress code upheld (5th Cir.), In Brief, 1160
– Trademarks, criminal ban on counterfeiting (Pa.), In Brief, 1244

FTCA

See FEDERAL TORT CLAIMS ACT (FTCA)