United States Law Week: Index-Summary

MAIL AND DELIVERY SERVICES

– Contract postal unit operated by church, Establishment Clause (2d Cir.), In Brief, 1192
– Spam e-mail, individual lacks standing to bring private CAN-SPAM Act claim since not internet access provider (9th Cir.), 1087

MALPRACTICE

– Attorneys

See ATTORNEYS

– Health professionals, states to receive grants under Obama reform proposal, 2147

MARITIME LAW

– Attachment and garnishment rule, electronic fund transfers processed by intermediary bank not subject to (2d Cir.), 1238
– Coastwise shipping, Coast Guard properly interpreted rule on prohibited foreign rebuilds (4th Cir.), 1124
– Longshore and Harbor Workers Compensation Act, psychological injury from valid personnel decision not covered (9th Cir.), 1204; correction, 1242
– Maintenance and cure for injuries, commuter seamen entitled to (3d Cir.), In Brief, 1224
– Torts

– – Death on the High Seas Act, forum non conveniens dismissal of wrongful death action re foreign scuba accident upheld (9th Cir.), 1213
– – Jurisdiction, suit over death of barge welder (2d Cir.), In Brief, 1158

MARKETING

See ADVERTISING

MARRIAGE

– Divorce

See DIVORCE

MEDIA

– Cable television subscriber limits, FCC rule invalid as arbitrary and capricious (D.C. Cir.), 1153

MEDIATION

– Attorney/mediator in domestic relations matter may represent one spouse in related matter after mediation, Ohio ethics opinion, 2023

MEDICAL DEVICES

– Knee cartilage mesh implant, FDA internal report says agency premarket approval process deviated from norm, 2176; Grassley (R-Iowa) asks if Medicare has access to FDA data for coverage determination, 2206
– Patent infringement, infrared thermometer maker's inequitable conduct defense requires pleading particularity (Fed. Cir.), 1086
– Researcher misconduct in clinical studies, FDA announces new debarment and disqualification procedures to prevent, 2091

MEDICAL MALPRACTICE

– Reforms, states to receive grants under Obama proposal, 2147

MEDICAL RECORDS

– Electronic records, data breach notification rules, In Brief, 2116
– Veteran's rights violated by Board of Veterans' Appeals' use of tainted records in disability benefits determination (Fed. Cir.), 1111

MEDICARE AND MEDICAID

– Identity theft, HHS launches Stop Medicare Fraud website, In Brief, 2243
– Knee cartilage mesh implant, Grassley (R-Iowa) asks if Medicare has access to FDA data for coverage determination, 2206
– Social Security benefits, link to withdrawal from Medicare Part A (D.D.C.), In Brief, 1208
– State drug pricing plan, HHS denial of (8th Cir.), In Brief, 1159

MEETINGS

See CONFERENCES AND MEETINGS

MENTAL HEALTH

– Disability bias, school district may have violated ADA by denying teacher's request for classroom with natural light to ease depression (7th Cir.), 1215
– Intentional infliction of emotional distress, workplace bullying, Analysis and Perspective, 2151
– Longshore and Harbor Workers Compensation Act, psychological injury from valid personnel decision not covered (9th Cir.), 1204; correction, 1242
– Mental disability benefits, plan administrator may amend plan to place time limit on (7th Cir.), 1101

MILITARY SERVICE

See ARMED SERVICES

MINING

– Exchange of federal lands with mining firm, environmental impact (9th Cir.), In Brief, 1191
– Water pollution

– – Foreign government claims of damage by U.S. firm, no removal jurisdiction (9th Cir.), 1186
– – Mountaintop coal mining

– – – Appalachia, EPA asked to include environmental justice concerns when considering permit requests, 2205
– – – Previously-issued permit, EPA to reconsider, 2242

MINORS

See CHILDREN

MONOPOLIZATION

– Leveraging claim against AIDS drug maker rejected (9th Cir.), 1015

MORTGAGES

– Attorneys

– – For-profit loan modification services, lawyers may not work for or with, N.J. ethics opinion, 2122
– – Foreclosures, state may require in-state presence by lawyer/trustee (10th Cir.), 1016

– Bankruptcy

– – Judicial modification of loan terms, Frank (D-Mass) to renew lawmaking effort to allow, 2141
– – Monthly income, debtor may deduct house payments despite intention to surrender home to bank (1st Cir.), 1097

– Fair Credit Reporting Act, state claims over mortgage broker purchase of prescreened reports preempted (2d Cir.), 1199
– Fees

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

– Home Affordable Refinance Program expanded, In Brief, 2016
– Truth in Lending Act

– – Notice of right to rescind transaction, circuit split roundup, 1012
– – Regulation Z, Fed proposes changes to disclosure requirements and loan originator compensation limits, 2061

MOTOR VEHICLES

– Air pollution, greenhouse gases

See GREENHOUSE GASES

– Bankruptcy

– – Negative equity in trade-in vehicle rolled over into new vehicle loan not subject to bifurcation (5th Cir., 8th Cir.), 1180
– – Purchase money security interest in vehicle debt (10th Cir.), In Brief, 1112

– Free speech, city ban on leaflets on car windshields (9th Cir.), In Brief, 1243
– Fuel economy standards, increase proposal sent to OMB, In Brief, 2129; Obama administration releases proposal for cars and light trucks, 2156
– Product liability, air bag danger to children, preemption (Ind. Ct. App.), In Brief, 1208
– Search and seizure

– – Global positioning system to track auto movements (N.Y.), In Brief, 1011
– – Suspicionless roadblocks to deter violent crime, police preliminarily enjoined from using (D.C. Cir.), 1067

– Toll on interstate road, discount available to residents of only one city may violate Commerce Clause (2d Cir.), 1240