United States Law Week: Index-Summary

TAKINGS

– Hospitals, Me. law requiring provision of free care to indigents upheld (1st Cir.), 1085
– Mobile home park, owners' challenge to city's rent control law upheld (9th Cir.), 1189
– Right to litigate federal claims in federal court, state court's striking of plaintiff's reservation does not bar (9th Cir.), 1206

TARP

See TROUBLED ASSET RELIEF PROGRAM (TARP)

TAXATION

– Airlines using runways within township's borders, municipal tax violates federal Anti-Head Tax Act (3d Cir.), 1156
– Basis overstatement by taxpayer, limitations period for IRS to file final partnership administrative adjustment not extended (Fed. Cir.), 1075; circuit split roundup, 1127
– Contingent fees, IRS proposal allows tax advisers to charge for some services rendered, 2066
– Free speech, town website may include link to school-sponsored event site while rejecting link to taxpayer group site (1st Cir.), 1188
– Health benefits

– – Employee benefits, Obama wary of proposed taxation of, In Brief, 2016
– – Excise tax on high-value insurance plans, Obama supports, 2148
– – Health care reform, nonprofit and tax provisions in Sen. Finance Comm. bill, conferees discuss, 2227
– – Health savings accounts, IRS rules issued, In Brief, 2145

– Offshore tax evasion

– – Americans with UBS accounts, Swiss officials to release names, 2113
– – DOJ probes and prosecutions, conferees discuss increases in, 2193
– – Exchange of data, U.S.-Swiss treaty, In Brief, 2180
– – Voluntary disclosure of offshore assets, application process, In Brief, 2068; deadline extended, In Brief, 2180; IRS Comm'r announces number of taxpayers seeking amnesty, 2222

– Shelters

– – Abusive deals, IRS updates list, In Brief, 2047
– – Penalties for some transactions, IRS suspends collection of, 2031

– Tax preparers

– – Allegations that will not be pursued, IRS OPR to inform practitioners of, In Brief, 2194
– – Ethical misconduct, IRS will not seek maximum monetary penalties, 2046
– – Industry review, IRS finishes input phase, In Brief, 2225
– – Sanctioned practitioners, OPR issues list of names, In Brief, 2244
– – Tracking preparers not possible since multiple identification numbers used, IRS inspector general report, 2067

– Taxpayer Advocate, Objectives Report for FY2010 submitted to Congress, regulation of tax preparers urged, 2014
– Telephone excise tax refund, taxpayers may challenge IRS procedure without exhausting administrative remedies (D.C. Cir.), 1109
– Wills and estates

– – Claims against estate, IRS issues final rules, In Brief, 2244
– – Collection of taxes, trust of intestate decedent (5th Cir.), In Brief, 1244

– Work product, tax accrual workpapers that assessed prospective disputes with IRS not shielded (1st Cir., en banc), 1096; circuit split roundup, 1127; impact of decision on companies, Analysis and Perspective, 2199

TEACHERS

See generally SCHOOLS

TELECOMMUNICATIONS

– Age discrimination, EEOC files suit over AT&T no-rehire policy for workers who took early retirement (S.D.N.Y.), 2109
– Cable television subscriber limits, FCC rule invalid as arbitrary and capricious (D.C. Cir.), 1153
– Industry, impact of economic crisis on, In Brief, 2212
– Internet

See INTERNET

– Telephones

See TELEPHONES

TELEPHONES

– Advertising, ban on prerecorded telemarketing calls in effect, In Brief, 2130
– Copyrights, royalties for cell phone ringtones (S.D.N.Y.), In Brief, 1243
– Excise tax refund, taxpayers may challenge IRS procedure without exhausting administrative remedies (D.C. Cir.), 1109
– Sale of records, online data broker not immune from FTC unfair practice claim (10th Cir.), 1025
– Traffic pumping by rural phone companies, Democratic leaders seek data from telecommunications carriers, 2222

TELEVISION

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

TENTH AMENDMENT

– Chemical weapons used to poison romantic rival, federal conviction not violation of states' rights (3d Cir.), 1199

TERMINATION OF EMPLOYMENT

See DISCHARGE OF EMPLOYEES

TERRORISM

– DOJ Natl. Sec. Div., chief discusses new structure combining intelligence and law enforcement personnel, 2224
– Foreign Sovereign Immunities Act, state sponsor of terrorism exception not separation of powers violation (D.D.C.), 1202
– Insurers of property destroyed on Sept. 11, subrogation rights (S.D.N.Y.), In Brief, 1144
– Material witness warrant, Atty. Gen. Ashcroft not immune from Bivens suit of American detained as terrorist suspect (9th Cir.), 1142; circuit split roundup, 1192
– Nonprofit organizations

– – Presidential authority to designate terrorist groups, charity supporting named groups may not challenge (9th Cir.), 1123
– – Visa applicant who donated to charity supporting Hamas may challenge denial of visa (2d Cir.), 1056

– USA PATRIOT Act

– – Expiring provisions, Obama administration urges renewal of, In Brief, 2160; for further action, see LEGISLATION, FEDERAL, S 1692
– – Fatal assault of detainee in Afghanistan, Act provides jurisdiction to prosecute CIA civilian contractor (4th Cir.), 1099

TESTIMONY

See WITNESSES AND TESTIMONY

TILA

See TRUTH IN LENDING ACT (TILA)

TITLE VII DISCRIMINATION

See EMPLOYMENT DISCRIMINATION

TOBACCO INDUSTRY

– Wrongful death of smoker, preemption (9th Cir.), In Brief, 1208

TORTS

– Alien Tort Statute

See INTERNATIONAL DEVELOPMENTS

– Clergy abuse, charitable immunity defense (Me.), In Brief, 1090
– Death of barge welder, maritime jurisdiction (2d Cir.), In Brief, 1158
– Defamation, claims by Anna Nicole Smith's former boyfriend against author of book on her death may proceed (S.D.N.Y.), 1100
– Drug testing, disciplined football players' claims against NFL preempted (8th Cir.), 1171
– Federal Tort Claims Act, Iraqi Abu Ghraib prisoners' abuse claims against U.S. military contractors preempted by (D.C. Cir.), 1157
– Greenhouse gas emissions

– – Electric power generators, states may proceed with public nuisance claims (2d Cir.), 1168
– – Energy companies, Hurricane Katrina victims may proceed with claims that emissions led to increased storm damage (5th Cir.), 1233

– Intentional infliction of emotional distress, workplace bullying, Analysis and Perspective, 2151
– Malpractice

– – Attorneys

See ATTORNEYS

– – Medical, states to receive grants under Obama reform proposal, 2147

– Negligence

See NEGLIGENCE

– Picketers at Marine funeral, protesters against gays in military are shielded by First Am. from tort liability (4th Cir.), 1183
– Product safety and liability

See PRODUCT SAFETY AND LIABILITY

– Wrongful death

See WRONGFUL DEATH

TRADE REGULATION

– Advertising

See ADVERTISING

– Consumer protection

See CONSUMER PROTECTION

– International

See INTERNATIONAL TRADE

– Petroleum, ban on manipulation of wholesale markets, FTC final rule, 2074
– State regulation

See STATE AND LOCAL GOVERNMENT, subheading: Business regulation

TRADEMARKS

– Criminal ban on counterfeiting, free speech (Pa.), In Brief, 1244
– Registration fraud, PTO intent standard improperly lowered to negligence (Fed. Cir.), 1141

TRANSPORTATION

– Aircraft

See AIR TRANSPORTATION

– Mass transit system, sight-impaired riders' ADA claim fails due to compliance with federal design rules (9th Cir.), 1118
– Motor vehicles

See MOTOR VEHICLES

– Ships

See MARITIME LAW; SHIPS AND SHIPPING

TROUBLED ASSET RELIEF PROGRAM (TARP)

– Executive compensation

– – Government issues limits on pay for firms receiving most assistance, 2236
– – SEC proposes say-on-pay for firms receiving help, 2013

– Lobbying restrictions, new Treasury Dep't guidelines, In Brief, 2160
– Oversight, inspector general criticizes Treasury Dep't lack of transparency, says subpoena power may be used, 2233

TRUTH IN LENDING ACT (TILA)

– Notice, borrower's right to rescind transaction, circuit split roundup, 1012
– Reductions in home equity lines of credit, class suits (N.D. Ill.), In Brief, 2129
– Regulation Z, Fed proposes changes to disclosure requirements for mortgages and home equity loans, compensation limits for loan originators, 2061

TWENTY-FIRST AMENDMENT

See ALCOHOLIC BEVERAGES