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PARENTS

See generally CHILDREN

PARTNERSHIPS

– Taxpayer's overstatement of basis, time limit for IRS to file final partnership administrative adjustment not extended (Fed. Cir.), 1075; circuit split roundup, 1127

PATENTS

– Antitrust, product purchaser has standing to claim fraud in obtaining patent that was held invalid due to inequitable conduct (2d Cir.), 1227
– Applications

– – Attorney malpractice, personal jurisdiction proper over Canadian law firm that filed application in U.S. (Fed. Cir.), 1072; circuit split roundup, 1127
– – Continuations and claims, PTO rulemaking authority (Fed. Cir., rehear en banc grant), In Brief, 1076
– – Evidence, applicant challenging PTO denial of patent may not offer new proof in court (Fed. Cir.), 1105

– Damages award against Microsoft vacated for lack of evidentiary support, infringement judgment upheld (Fed. Cir.), 1154
– Government use, infringement suit against Federal Reserve banks over method of detecting check fraud belongs in Federal Claims court (Fed. Cir.), 1206
– Inequitable conduct defense to infringement

– – ABA approves policy proposals, 2081
– – Pleadings, particularity required (Fed. Cir.), 1086

– Method or process patents, no infringement liability for shipping components overseas for assembly (Fed. Cir.), 1103
– Patentability of business method patents, ABA to file amicus brief in Supreme Court case, 2081
– Subject matter eligibility

– – Drug test to measure metabolites level in blood, dosage calibration method patentable (Fed. Cir.), 1173
– – PTO interim guidelines, In Brief, 2130

– “Written description” requirement, gene-related patent (Fed. Cir., rehear en banc grant), In Brief, 1159

PENSIONS

– Cash balance plans

– – Age discrimination, Ledbetter Fair Pay Act applies to claim about rate of benefits accrual (D. Colo.), 1134
– – Fractional test used to compute minimum benefit accruals, no ERISA violation (2d Cir.), 1230
– – “Normal retirement age,” decision based on years of service instead of specified age not ERISA violation (7th Cir.), 1018

– Death benefit, elimination by plan amendment not violation of ERISA anti-cutback rule (10th Cir.), 1052
– 401(k) plans, FTC says identity theft “Red Flags Rule” inapplicable if participants offered loans from own accounts, 2042
– Sham divorces, employer recoupment of benefits (S.D. Tex.), In Brief, 1243
– Transferred pension funds, disappointed government bondholders may not attach in suit against Argentina (2d Cir.), 1235

PHARMACEUTICALS

– Abortion drug, law barring physicians from prescribing RU-486 for off-label uses upheld (Ohio), 1036
– Anthrax vaccine, servicemembers' challenge to FDA approval process rejected, military mandatory immunization program proceeds (D.C. Cir.), 1204
– Antitrust, monopoly leveraging claim against AIDS drug maker rejected (9th Cir.), 1015
– 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
– Investigational drugs and biologics, FDA issues final rules to expand patient access to, 2091
– Medicaid, HHS denial of state drug pricing plan (8th Cir.), In Brief, 1159
– Off-label marketing

– – Bextra, Pfizer criminal fine, In Brief, 2130
– – RICO civil charges (E.D. Pa.), In Brief, 1160

– Patents, drug test to measure metabolites level in blood, dosage calibration method patentable (Fed. Cir.), 1173
– Price inflation, prostate cancer drug maker liable under state unfair and deceptive business practices law (1st Cir.), 1185
– Product liability, attorneys' fees in fen-phen class action (3d Cir.), In Brief, 1242
– Researcher misconduct in clinical studies, FDA announces new debarment and disqualification procedures to prevent, 2091

PHYSICIANS

– Abortion drug, law barring doctors from prescribing RU-486 for off-label uses upheld (Ohio), 1036
– Malpractice, states to receive grants under Obama reform proposal, 2147

PLEA BARGAINS

See GUILTY PLEAS

POLICE

– Search and seizure

See SEARCH AND SEIZURE

– Uncounseled interrogation, police officer taunting suspect (4th Cir.), In Brief, 1091

POLLUTION

– Air

See AIR POLLUTION

– Water pollution

See WATER POLLUTION

PREEMPTION

– CAN-SPAM Act, state claims preempted since fraud or deception not targeted (9th Cir.), 1087
– Drug testing, disciplined football players' statutory claims against NFL not preempted, tort claims preempted (8th Cir.), 1171
– ERISA, hospital's state claims for payment from employee benefit plan not preempted (9th Cir.), 1166
– Fair Credit Reporting Act, state claims over mortgage broker purchase of prescreened reports preempted (2d Cir.), 1199
– Federal Tort Claims Act, Iraqi Abu Ghraib prisoners' abuse claims against U.S. military contractors preempted (D.C. Cir.), 1157
– Greenhouse gas emissions from motor vehicles, EPA grants Cal. waiver to implement standards, 2010
– HUD rent control rule, local rent stabilization ordinance not preempted (9th Cir.), 1218
– Limitations periods, extensions under Cal. law for claims re Holocaust restitution and Armenian Genocide preempted (9th Cir.), 1116
– Product liability

– – Air bags, warning of danger to children (Ind. Ct. App.), In Brief, 1208
– – Snapple “All Natural” labeling, challenge not barred by field or conflict preemption (3d Cir.), 1106
– – Wrongful death of smoker (9th Cir.), In Brief, 1208

– Sherman Act, intervention by gas retailers (7th Cir.), In Brief, 1158
– Thrift Supervision Office rule preempts Mo. ban on unauthorized practice of law in suit over mortgage document preparation fees (8th Cir.), 1229

PRESIDENT, U.S.

– Executive nominations and confirmations

See NOMINATIONS AND CONFIRMATIONS

– Executive orders

– – Greenhouse gas emissions, federal agency reduction targets, In Brief, 2211
– – Terrorist groups, charity may not challenge presidential authority to designate (9th Cir.), 1123

– FOIA, White House visitor lists to be disclosed, In Brief, 2129
– Lobbying

– – Economic stimulus funds, OMB issues revised policy on lobbyist contacts about, 2064
– – Federal agency advisory committees, White House may ban lobbyists from serving on, 2177

PRICE FIXING

See ANTITRUST

PRISONS AND JAILS

– Civil rights, inmate in labor shackled to hospital bed, no qualified immunity for prison guard (8th Cir., en banc), 1229
– Elections, Mass. ban on voting by jailed felons (1st Cir.), In Brief, 1091
– Iraqi Abu Ghraib prisoners, abuse claims against U.S. military contractors preempted by FTCA (D.C. Cir.), 1157
– PLRA, in forma pauperis prisoners may join claims in suit against correctional facility (3d Cir.), 1006; circuit split roundup, 1060

PRIVACY

– Attorneys

– – Client privilege

See ATTORNEYS

– – Ethics issues

See ATTORNEY ETHICS, subheading: Confidentiality

– Consumers

See CONSUMER PROTECTION

– Electronic medical records, data breach notification rules, In Brief, 2116
– FOIA

See FREEDOM OF INFORMATION

– Identity theft

See IDENTITY THEFT

– Labor, background checks of NASA contract workers (9th Cir., rehear en banc den), In Brief, 1026
– Search and seizure

See SEARCH AND SEIZURE

– Sexual devices, state ban on sale of, right to privacy (Ala.), In Brief, 1191
– Social Security numbers, online posting of data from public records (E.D. Va.), In Brief, 1026
– Telephones

– – Prerecorded telemarketing calls, ban in effect, In Brief, 2130
– – Records sold, internet data broker not immune from FTC unfair practice claim (10th Cir.), 1025

PRIVATE RIGHT OF ACTION

– ADA rule requiring transition plan for achieving accessibility, paraplegic cannot sue city to enforce (9th Cir.), 1003; circuit split roundup, 1060
– Nursing home patient treatment, federal statute creates rights enforceable via §1983 (3d Cir.), 1019
– Railway Labor Act, flight attendants may not challenge union and airline restructuring agreement (2d Cir.), 1187
– Securities fraud, cause of action against aiders and abettors

See LEGISLATION, FEDERAL, S 1551

– Tenth Am., defendant convicted of using chemical weapons to poison romantic rival may not challenge federal law on states' rights grounds (3d Cir.), 1199

PRIVATE SECURITIES LITIGATION REFORM ACT (PSLRA)

See SECURITIES FRAUD

PRIVILEGED COMMUNICATIONS

– Attorney-client

See ATTORNEYS

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

PROCEDURE

– Abstention by federal court generally improper in local zoning cases (6th Cir.), 1115
– Administrative

See ADMINISTRATIVE PROCEDURE

– Appellate

See APPEALS

– Class actions

See CLASS ACTIONS

– Costs of litigation

– – Modified judgment, parties bearing own costs when no clear prevailing party, circuit split roundup, 1012
– – Relitigating issues from case dismissed voluntarily, awarding costs to defendants, Analysis and Perspective, 2119

– Criminal

See CRIMINAL LAW AND PROCEDURE

– Discovery

See DISCOVERY

– Evidence

See EVIDENCE

– Injunctions

See INJUNCTIONS

– Intervention by gas retailers in Sherman Act preemption matter (7th Cir.), In Brief, 1158
– Joinder, in forma pauperis prisoners' shared suit against correctional facility not barred by PLRA (3d Cir.), 1006; circuit split roundup, 1060
– Jurisdiction

See JURISDICTION; REMOVAL JURISDICTION

– Jury trial right, bankrupt debtor lacks in trustee action seeking turnover of property (1st Cir.), 1017
– Notice

See NOTICE

– Pleadings

– – Alien Tort Statute and torture law, claims dismissed since pleading standards not met (11th Cir.), 1089
– – Patent infringement, particularity required for inequitable conduct defense (Fed. Cir.), 1086
– – Summary judgment, facilitating plaintiff survival of

See LEGISLATION, FEDERAL, S 1504

– Preemption

See PREEMPTION

– Private right of action

See PRIVATE RIGHT OF ACTION

– Service of process, foreign letter rogatory (D. Colo.), In Brief, 1243
– Settlements

See SETTLEMENTS

– Standing

See STANDING

– Statutes of limitations

See STATUTES OF LIMITATIONS

– Venue

See VENUE

PRODUCT SAFETY AND LIABILITY

– Air bags, warning of danger to children, preemption (Ind. Ct. App.), In Brief, 1208
– Diet drug class action, attorneys' fee award (3d Cir.), In Brief, 1242
– Snapple “All Natural” labeling, challenge not barred by field or conflict preemption (3d Cir.), 1106
– Wrongful death of smoker, preemption (9th Cir.), In Brief, 1208

PROSECUTORS

– Exculpatory information, duty to disclose goes beyond Brady obligation, ABA ethics opinion, 2139
– Plea bargains, attorneys may not negotiate post-conviction relief waivers, Mo. ethics opinion, 2007

PSLRA (PRIVATE SECURITIES LITIGATION REFORM ACT)

See SECURITIES FRAUD

PUBLIC CONTRACTS

See GOVERNMENT CONTRACTS

PUBLIC EMPLOYEES

See GOVERNMENT EMPLOYEES

PUBLIC LANDS

– Establishment Clause, Ten Commandments on county courthouse lawn (10th Cir., rehear en banc den), In Brief, 1091
– Forest Service, roadless areas rulemaking process violated Natl. Envtl. Policy and Endangered Species Acts (9th Cir.), 1083
– Free speech

See FREEDOM OF SPEECH

– Oil and gas leases, sale on internet, In Brief, 2130

PUBLIC UTILITIES

See UTILITIES

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