United States Law Week: Index-Summary

WAGES

– Executive compensation

WATER POLLUTION

– Attorneys' fees, prevailing plaintiff in Clean Water Act citizen suit may be denied award only upon “special circumstances” (9th Cir.), 1068; circuit split roundup, 1127
– Enforcement data from Clean Water Act is online, In Brief, 2032
– Lead munitions, shooting range granted summary judgment on Clean Water Act unlawful discharge claims (2d Cir.), 1070
– Mining activities

See MINING

– Ship ballast water discharges, Coast Guard proposed rule on living organisms, In Brief, 2129
– Wetlands, Supreme Court nominee Sotomayor avoids criticizing current court's muddled decision on Clean Water Act jurisdiction, 2052

WEAPONS

See FIREARMS AND WEAPONS

WETLANDS

– Clean Water Act jurisdiction, Supreme Court nominee Sotomayor avoids criticizing current court's muddled decision, 2052

WHISTLEBLOWERS

– 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
– Sarbanes-Oxley Act

– – Executive's 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

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

WITNESSES AND TESTIMONY

– Conflicts of interest, evidentiary standard for disqualification of opponent's law firm on basis that lawyer will testify (2d Cir.), 1212
– Expert witnesses, proposed change to Fed. Rule of Civil Procedure 26 would provide work product protections, panelists discuss, 2098
– False testimony, attorney candor toward tribunals

– – Court must be promptly notified if client does not remedy falsehood, N.H. ethics opinion, 2071
– – Duty of lawyer who knows witness is lying, panelists discuss, 2096

– Illegal conduct of adverse witness, lawyer may report, Tex. ethics opinion, 2233
– Material witness warrant, Atty. Gen. Ashcroft not immune from Bivens suit of American detained as terrorist suspect (9th Cir.), 1142; circuit split roundup, 1192
– Nonparty deponent lacks First Amendment anonymity right in securities fraud suit (4th Cir.), 1098
– Privileged communications

– – Attorney-client

See ATTORNEYS

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

WORK PRODUCT

See ATTORNEYS

WORKERS' COMPENSATION

– Longshore and Harbor Workers Compensation Act, psychological injury from valid personnel decision not covered (9th Cir.), 1204; correction, 1242

WRONGFUL DEATH

– Death on the High Seas Act, forum non conveniens dismissal of suit over foreign scuba accident upheld (9th Cir.), 1213
– Smoker, preemption of state case on behalf of (9th Cir.), In Brief, 1208