United States Law Week: Index-Summary

SAFETY AND HEALTH

See OCCUPATIONAL SAFETY AND HEALTH; PRODUCT SAFETY AND LIABILITY

SALARIES

SARBANES-OXLEY ACT

– Clawback of bonuses, SEC seeks reimbursement from CEO for monies earned while firm misled investors (D. Ariz.), 2065
– Whistleblowers

– – Firing claim dismissed, no protected activity (DOL ARB), In Brief, 2145
– – In-house counsel may use employer's privileged materials to support retaliatory discharge claim (DOL ARB), 2208

SCHOOLS

– Blog, expulsion of nursing student for inappropriate content (W.D. Ky.), In Brief, 1160
– Charter schools, legislative directive to state comptroller to audit is invalid (N.Y.), 1023
– Copyrights, universities establish open access to scholarly journals, In Brief, 2159
– Disability bias, school district may have violated ADA by denying teacher's request for classroom with natural light to ease depression (7th Cir.), 1215
– Free speech

– – Dress code upheld (5th Cir.), In Brief, 1160
– – Town website, inclusion of link to school-sponsored event site while rejecting link to taxpayer group site upheld (1st Cir.), 1188

– No Child Left Behind Act, states and school districts must comply with provisions that lack federal funding (6th Cir., en banc), 1241
– Sports gambling, state law allowing wagers on college teams violates federal law (3d Cir.), 1139
– Teachers' union, objecting nonmember need not contribute to expenses for certain political activities (2d Cir.), 1237

SEARCH AND SEIZURE

– Computers

– – Border searches of laptops, DHS guidelines on conducting, 2124
– – Files outside scope of probable cause, warrant procedures for computers with (9th Cir., en banc), 1132
– – Warrant for documents (9th Cir.), In Brief, 1091

– Exclusionary rule, good-faith exception extended to officers' reliance on erroneous appellate court rulings (10th Cir.), 1066; circuit split roundup, 1127
– Islamic leaders on airplane, FBI arrest of (D. Minn.), In Brief, 1090
– Motor vehicles

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

– Terrorism suspect, Atty. Gen. Ashcroft not immune from Bivens suit of American detained under material witness warrant (9th Cir.), 1142; circuit split roundup, 1192

SECOND AMENDMENT

See FIREARMS AND WEAPONS

SECURITIES

– Argentina, government bondholders may not attach transferred pension funds in suit against their country (2d Cir.), 1235
– Credit rating agencies, SEC rule changes, In Brief, 2161
– Director elections

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

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

– – Novel uses of SEC authority, recent cases show broadened scope of liability, Special Report, 2131
– – Probes to focus on rapidity and new areas of inquiry, SEC official says, 2100
– – SEC operations, agency announces reorganization of enforcement unit and broader subpoena authority, 2076

– Equity indexed annuities, SEC rule invalid due to flawed analysis of economic effect (D.C. Cir.), 1073
– Executive pay

See EXECUTIVE COMPENSATION

– Financial reporting, SEC, PCAOB, and FASB annual testimony on transparency efforts

See LEGISLATION, FEDERAL, HR 2664

– Fraud

See SECURITIES FRAUD

– FOIA requests, lawyers discuss using as discovery tool in fighting SEC charges, 2029
– Notice and access model for proxy materials, SEC rule changes, In Brief, 2244
– Regulatory reform, Treasury Dep't issues draft bill on over-the-counter derivatives, 2092
– Sarbanes-Oxley Act

See SARBANES-OXLEY ACT

– Shareholder proposals, increase in number seeking corporate action on climate change, 2127
– Short sale restrictions, SEC reopens comment period on alternative price test, 2127
– Treasury note futures contracts, class certification upheld in suit against investment firm that allegedly cornered the market (7th Cir.), 1024

SECURITIES FRAUD

– Aiding and abetting, allowing private right of action

See LEGISLATION, FEDERAL, S 1551

– Credit rating agencies, suit by institutional investors (S.D.N.Y.), In Brief, 1176
– First Amendment anonymity right, nonparty deponent lacks (4th Cir.), 1098
– Insider trading, computer hacker liable despite no breach of fiduciary duty in obtaining data (2d Cir.), 1074; circuit split roundup, 1127
– Loss causation for class certification purposes, incorrect standard used for assessing (5th Cir.), 1009
– Mutual fund distributor, executives' primary liability for false prospectuses (1st Cir., rehear en banc grant), In Brief, 1076
– Ponzi schemes

– – Bernard Madoff oversight failures, SEC inspector general releases reports urging changes to agency enforcement operations, 2192
– – Detection, consultant urges SEC to adopt system to cross-check periodic reports of assets, 2142

– PSLRA, bad faith not required to impose attorney sanctions for meritless market manipulation suit (2d Cir.), 1131
– Securities Litigation Uniform Standards Act, all defendants properly joined in removal notice, remand ordered for removed claims not covered by Act (9th Cir.), 1222
– State authorities, increased enforcement efforts, Analysis and Perspective, 2055
– Stock option backdating, CFO's statements to outside counsel in internal probe not privileged (9th Cir.), 1196
– Subject matter jurisdiction exists over claims by foreign investors in foreign company with business presence in U.S. (11th Cir.), 1108; circuit split roundup, 1127

SECURITIES LITIGATION UNIFORM STANDARDS ACT (SLUSA)

See SECURITIES FRAUD

SEIZURE

See SEARCH AND SEIZURE

SENTENCING

– Delays barred by Fifth Am. due process clause (2d Cir.), 1148

SEPARATION OF POWERS

– Fatal assault of detainee in Afghanistan, Article III court may try CIA civilian contractor for (4th Cir.), 1099
– Foreign Sovereign Immunities Act, state sponsor of terrorism exception upheld (D.D.C.), 1202

SETTLEMENTS

– Attorney conflicts of interest, jointly represented clients may not waive right to approve aggregate settlement, New York City ethics opinion, 2173
– Attorneys' fees, reasonableness of award, prevailing party's rejection of large settlement offer may be weighed (3d Cir.), 1063
– Class actions

– – Hurricane Katrina, suit against levee districts and insurer (E.D. La.), In Brief, 1159
– – Notice and fairness, settlement objector's challenge dismissed (11th Cir.), 1108

– Copyrights, DOJ antitrust probe into Google deal on digitizing books (S.D.N.Y.), In Brief, 2032

SEVENTH AMENDMENT

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

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

SEX OFFENSES

– GPS monitoring of offenders on probation or parole (Mass.), In Brief, 1159
– Juvenile offenders, retroactive application of registration requirements violates ex post facto clause (9th Cir.), 1184
– Rape

– – DNA samples, requesting from black men in police probe not equal protection violation (4th Cir.), In Brief, 1176
– – Halliburton coworkers accused, arbitration of claims against employer not required (5th Cir.), 1152

SEXUAL ORIENTATION

– Civil union, dissolution of (N.Y. Sup. Ct.), In Brief, 1091
– Free speech, picketers against gays in military shielded from tort liability over protest at Marine's funeral (4th Cir.), 1183

SHAREHOLDERS

See CORPORATE LAW

SHIPS AND SHIPPING

See also MARITIME LAW
– Ballast water discharges, Coast Guard proposed rule on living organisms, In Brief, 2129

SIXTH AMENDMENT

– Ineffective assistance of counsel, attorneys may not negotiate post-conviction relief waivers in plea agreements, Mo. ethics opinion, 2007
– Speedy trial right, sentencing delays not barred by (2d Cir.), 1148

SLANDER

See DEFAMATION

SLUSA (SECURITIES LITIGATION UNIFORM STANDARDS ACT)

See SECURITIES FRAUD

SMALL BUSINESSES

– Grants from Small Bus. Admin., jurisdiction over dispute (Fed. Cir.), In Brief, 1243
– Identity theft “Red Flags Rule,” exemptions for certain small businesses

See LEGISLATION, FEDERAL, HR 3763

SMOKING

See TOBACCO INDUSTRY

SOCIAL SECURITY

– Medicare, linking Social Security benefits to withdrawal from Part A (D.D.C.), In Brief, 1208
– No-match letters

– – DHS to rescind rule, 2025; rescission proposed, In Brief, 2116; final rescission rule issued, 2206
– – Legislation to block DHS rescission plan

See LEGISLATION, FEDERAL, HR 2892

– Privacy of identification numbers, online posting of data from public records (E.D. Va.), In Brief, 1026
– Survivor benefits, posthumously conceived children (9th Cir.), In Brief, 1092

SOFTWARE

– Filtering program, internet security firm immune from claim of interference with online media firm's programs (9th Cir.), 1010
– Patent infringement judgment against Microsoft upheld, damages award vacated for lack of evidentiary support (Fed. Cir.), 1154

SOVEREIGN IMMUNITY

– Foreign sovereigns

See FOREIGN SOVEREIGN IMMUNITIES ACT

SPAM

See E-MAIL

SPEECH, FREEDOM OF

See FREEDOM OF SPEECH

SPORTS AND RECREATION

– Drug testing, disciplined football players' statutory claims against NFL not preempted, tort claims preempted (8th Cir.), 1171
– Gambling, state law allowing wagers on professional and college teams violates federal law (3d Cir.), 1139

SPOUSES

– Divorce

See DIVORCE

STANDING

– Air pollution

– – EPA approval of state plan, power plant challenge to (4th Cir.), In Brief, 1159
– – Greenhouse gas emissions

– – – Hurricane Katrina victims, tort claims that energy firms' emissions led to increased storm damage may proceed (5th Cir.), 1233
– – – States may proceed with public nuisance claims against electric power generators (2d Cir.), 1168

– Antitrust, product purchaser may claim fraud in obtaining patent that was held invalid (2d Cir.), 1227
– Class action, certification requires only one member with plausible claim of injury (7th Cir.), 1024
– Commerce Clause, biosolids recyclers may not challenge county ordinance barring application of sludge to land (9th Cir.), 1136
– Federal Advisory Comm. Act, watchdog group seeking disclosure compliance (D.C. Cir.), In Brief, 1244
– Government contracts, pre-award protest, standing requires prospective bidder to show nontrivial competitive injury able to be addressed by judicial relief (Fed. Cir.), 1107
– Rehabilitation Act, deaf patient and family members' claim against hospital for failure to provide interpreter may proceed (2d Cir.), 1203
– Spam e-mail, individual may not bring private CAN-SPAM Act claim since not internet access provider (9th Cir.), 1087
– Tenth Am., defendant convicted of using chemical weapons to poison romantic rival may not challenge federal law on states' rights grounds (3d Cir.), 1199
– Terrorist groups, charity may not challenge presidential authority to designate (9th Cir.), 1123
– Tribal lands, Mich. may not challenge redesignation to stricter Clean Air Act status (7th Cir.), 1150

STATE AND LOCAL GOVERNMENT

– Administrative decision by state agency, federal district court has diversity jurisdiction to review (9th Cir.), 1048
– Business regulation

– – Adult bookstore, Ind. city granted hearing on lawfulness of zoning ordinance's litter control objective (7th Cir.), 1172
– – Alcoholic beverages

See ALCOHOLIC BEVERAGES

– – Drug price inflation, prostate cancer drug maker liable under Mass. unfair and deceptive business practices law (1st Cir.), 1185
– – Hospitals, Me. law requiring provision of free care to indigents upheld (1st Cir.), 1085
– – Sexual devices, state ban on sale of (Ala.), In Brief, 1191
– – Sports gambling, Del. law allowing wagers on professional and college teams violates federal law (3d Cir.), 1139

– Education

See SCHOOLS

– Elections

See ELECTIONS

– Employees

See GOVERNMENT EMPLOYEES

– Environment

See ENVIRONMENT
– – Air pollution

See AIR POLLUTION

– – Greenhouse gas emissions

See GREENHOUSE GASES

– – Water pollution

See WATER POLLUTION

– Free speech

See FREEDOM OF SPEECH

– Gun control

See FIREARMS AND WEAPONS

– Medical malpractice, states to receive grants under Obama reform proposal, 2147
– Multistate probes, state attorneys general increasingly working together, 2095
– Preemption

See PREEMPTION

– Public records, online posting of Social Security numbers from (E.D. Va.), In Brief, 1026
– Religious freedom, Establishment Clause claims

See FREEDOM OF RELIGION

– Securities fraud, increased state enforcement efforts, Analysis and Perspective, 2055
– Takings

See TAKINGS

– Taxation of airlines using runways within township's borders, municipal levy violates federal law (3d Cir.), 1156
– Toll on interstate road, discount available to residents of only one city may violate Commerce Clause (2d Cir.), 1240
– Zoning

See ZONING

STATUTES OF LIMITATIONS

– ADA challenge to curbs, sidewalks, and parking lots of city, claim accrues upon construction date of noncompliant barrier (5th Cir.), 1032
– Ballot access, Ralph Nader suit against Democratic Natl. Comm. (D.C. Cir.), In Brief, 1011
– Employment discrimination, EEOC complaints

– – Compensation bias, agency revises manual on charge-filing periods, In Brief, 2116
– – Faxed complaint, confirmation from sender's machine creates factual dispute on timeliness (7th Cir.), 1122
– – Pension benefits, rate of accrual, Ledbetter Fair Pay Act applies to age bias claim (D. Colo.), 1134
– – Sex bias in pay, failure to answer raise request is compensation decision for timeliness purposes (3d Cir.), 1149

– Holocaust restitution and Armenian Genocide claims, Cal. extended limitations periods preempted (9th Cir.), 1116
– RICO, conspiracy conviction upheld despite predicate crimes outside limitations period (2d Cir.), 1125
– Taxpayer's overstatement of basis, time limit for IRS to file final partnership administrative adjustment not extended (Fed. Cir.), 1075; circuit split roundup, 1127

STREETS AND HIGHWAYS

See ROADS

SUPERFUND

See ENVIRONMENT

SUPREME COURT, U.S.

– Age discrimination in employment, recent ADEA decisions criticized at EEOC meeting, 2043
– Environmental cleanup liability, impact of decisions in CERCLA cases, Analysis and Perspective, 2103
– Patentability of business method patents, ABA to file amicus brief, 2081
– Sotomayor, little data exists to predict nominee's rulings in financial services matters, 2028; report on Senate Judiciary Comm. confirmation hearings, 2048; New Haven firefighters race bias case discussed at hearings, 2050; nominee avoids criticizing current court's muddled decision on Clean Water Act jurisdiction, 2052; Judiciary Comm. approves nomination, 2064; Senate confirms, 2073

SURVEILLANCE

See ELECTRONIC SURVEILLANCE