LawyersUSA

A disability system that uses age as one of many factors in determining benefits does not violate the ADEA unless age “actually motivates” any disparate treatment. Kentucky Retirement Systems v. EEOC, No. 06-1037. Jun 19, 2008.

In disparate impact claims under the Age Discrimination in Employment Act, the employer bears the burden of showing that “reasonable factors other than age” were the basis for the adverse employment decision. Meacham v. Knolls Atomic Power Laboratory, No. 06-1505. Jun 19, 2008.

Parties to a contract may not agree by their contract terms to broader court review of an arbitration agreement and thus go beyond what federal law allows. Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989. Mar 25, 2008.

The Federal Arbitration Act preempts a California state law regulating talent agencies that requires claims be submitted to an administrative agency for initial review.

The Bipartisan Campaign Reform Act's expenditure and disclosure limits violate the First Amendment.

Third-party assignees hired to collect on behalf of assignor pay-phone operators have standing to sue telecommunication companies on the assignors’ behalf over the amount of the fees. Sprint Communications v. APCC Services, No. 07-552. Jun 23, 2008.

Parties in control of assets sought to pay human rights victims of former President Ferdinand Marcos have standing to move to dismiss the action or to seek certiorari from the U.S. Supreme Court. Republic of the Philippines v. Pimentel, No. 06-1204. Jun 12, 2008.

U.S. District Court judges can consider the impact of the disparity in the federal sentencing guidelines – a 100:1 ratio in sentences established by Congress – for crack and powder cocaine crimes. Kimbrough v. U.S., No. 06-6330. Dec 10, 2007.

A murder defendant does not forfeit his right to exclude prior statements by the murder victim unless the defendant killed the victim for the purpose of preventing her testimony at trial. Click here for related story. Giles v. California, No. 07-6053. Jun 25, 2008.

The right to counsel under the Sixth Amendment is implicated at the time of a defendant’s initial hearing on criminal charges, even when the hearing was conducted without the involvement of a prosecutor. Rothgery v. Gillespie County, No. 07-440. Jun 23, 2008.

States are not constitutionally forbidden from insisting on legal representation for parties who are competent to stand trial but not mentally competent to conduct their own defense. Indiana v. Edwards, No. 07-208. Jun 19, 2008.

A drug crime classified as a misdemeanor by state law, but punishable by more than one year’s imprisonment, constitutes a “felony drug offense” under the federal Controlled Substances Act. Burgess v. U.S., No. 06-11429. Apr 16, 2008.

A federal law criminalizing child-pornography pandering is not unconstitutionally overbroad or vague. U.S. v. Williams, No. 06-694. May 19, 2008.

The standard announced in Teague v. Lane doesn’t constrain the authority of state courts to give broader retroactive effect to new rules of criminal procedure, even if the Supreme Court has ruled they are not retroactive under federal law. Danforth v. Minnesota, No. 06-8273. Feb 20, 2008.

The U.S. Supreme Court will not decide if a federal court can determine that an offense that is not an aggravated felony is still a “particularly serious crime” that bars a defendant's eligibility for withholding of removal. The case has been voluntarily dismissed. Ali v. Anchim, No. 06-1346. Dec 21, 2007.

When a defendant trades a gun for illegal drugs, this does not constitute "use" of a handgun during a drug crime, leading to a mandatory five-year sentence. Click here for related story. Watson v. U.S., No. 06-571. Dec 10, 2007.

A defendant’s state convictions for violent misdemeanors count as predicate offenses under the federal Armed Career Criminal Act’s sentencing enhancement provisions, because his civil rights were never lost. Logan v. U.S., No. 06-6911. Dec 4, 2007.

A memo from the U.S. President directing a state court to follow an International Court of Justice ruling on the rights of foreign nationals arrested and prosecuted in the U.S. does not preempt state law limitations on the filing of successive habeas petitions. Medellin v. Texas, No. 06-984. Mar 25, 2008.

A criminal defendant in a federal case need not explicitly and personally waive his right to have a U.S. District Court judge preside over voir dire when his counsel agreed to a magistrate judge. Gonzalez v. United States, No. 07-11612. May 12, 2008.

The U.S. Supreme Court will not decide if an ineffective assistance of counsel ruling may stand where the defendant did not claim he would have accepted a plea agreement but for his attorney’s advice, because the defendant has abandoned his claim of ineffective assistance. Arave v. Hoffman, No. 07-110. Jan 7, 2008.

An attorney’s assistance is not presumptively ineffective where counsel participated in a plea hearing by speaker phone. Wright v. Van Patten, No. 07-212. Jan 7, 2008.

A post-conviction state court petition that was dismissed as untimely cannot toll the 1-year statute of limitation for filing a federal habeas petition under the Antiterrorism and Effective Death Penalty Act. Allen v. Siebert, No. 06-1680. Nov 5, 2007.

A state law authorizing the death penalty for raping a child under the age of 12 violates the Eighth Amendment’s prohibition against cruel and unusual punishment where death was not an intended or actual result of the crime. Kennedy v. Louisiana, No. 07-343. Jun 25, 2008.

Kentucky’s three drug lethal injection procedure complies with the Eighth Amendment’s prohibition against cruel and unusual punishment. Baze v. Rees, No. 07-5439. Apr 16, 2008.

A state law that allows candidates to list their party preference and allows the top two primary election vote getters to advance to the general election regardless of party does not violate party members’ right to free association. Washington State Grange v. Washington State Republican Party, No. 06-713. Mar 18, 2008.

New York’s convention system of choosing trial court judge nominees does not violate the First Amendment. New York State Board of Elections v. Lopez Torres, No. 06-766. Jan 16, 2008.

A public employee cannot bring a “class of one” equal protection claim. Engquist v. Oregon Department of Agriculture, No. 07-474. Jun 9, 2008.

An employee’s EEOC intake questionnaire constitutes a “charge” under the Age Discrimination in Employment Act. Federal Express Corp. v. Holowecki, No. 06-1322. Feb 27, 2008.

Testimony about alleged age discrimination by company managers who supervised other employees, but not the plaintiff, may be admissible in an age discrimination case. Click here for related story.
Sprint/United Management Co. v. Mendelsohn, No. 06-1221. Feb 26, 2008.

An employee who lost his job after complaining about the discriminatory treatment of another employee can bring a retaliation claim under 42 U.S.C. §1981. CBOCS West v. Humphries, No. 06–1431. May 27, 2008.

A federal employee who complains of age discrimination can bring a retaliation claim under the Age Discrimination in Employment Act. Click here for related story. Gomez-Perez v. Potter, No. 06-1321. May 27, 2008.

The presumption that a freely-contracted electricity rate meets the “just and reasonable” requirement established by the Federal Power Act applies regardless of whether the Federal Energy Regulatory Commission initially reviewed the rate without applying the presumption, and applies to both purchasers and sellers of wholesale electricity. Morgan Stanley Capital Group, Inc. v. Public Utility District No. 1, No. 06-1457. Jun 26, 2008.

An ERISA insurer operated under a conflict of interest and abused its discretion when it refused to extend long-term disability benefits for a woman with a serious heart condition. Metropolitan Life Insurance Co. v. Glenn, No. 06-923. Jun 19, 2008.

An employee participating in a defined contribution pension plan can recover damages under ERISA for lost growth in his personal account where the fiduciary failed to make changes as directed by the employee. Click here for related story.
LaRue v. DeWolff, Boberg & Associates, Inc., No. 06-856. Feb 20, 2008.

Federal courts have jurisdiction over the habeas claims of U.S. citizens detained by American forces in Iraq, but they cannot use that authority to prevent the transfer of American citizens to Iraqi authorities. Munaf v. Geren, No. 07-1666. Jun 12, 2008.

The Supreme Court has original jurisdiction over a suit brought by the state of New Jersey against Delaware over Delaware’s plan to build a docking station for natural gas tankers along the Delaware River. New Jersey v. Delaware, No. 1334-Orig. Mar 31, 2008.

An inmate cannot sue corrections officers over allegedly detained or mishandled goods under the Federal Torts Claims Act, because a corrections officer is considered a “law enforcement official” under the Act.

A claim under the Freedom of Information Act is not precluded by the doctrine of “virtual representation” when another party had made the identical request and it was denied. Taylor v. Strugell, No. 07-371. Jun 12, 2008.

The Second Amendment protects an individual’s right to possess a gun at home, and therefore the District of Columbia’s gun ban must be struck down. District of Columbia v. Heller, No. 07-290. Jun 26, 2008.

The Military Commissions Act of 2006 violates the habeas corpus rights of foreign detainees held at Guantanamo Bay, and those detainees have the right to challenge their detention in U.S. Courts. Boumediene v. Bush, No. 06-1195. Jun 12, 2008.

Under the Immigration and Nationality Act, foreign nationals who illegally overstay their visas must be permitted an opportunity to withdraw a motion for voluntary departure if they make the request before the expiration of the departure period. Dada v. Mukasey, No. 06-1181. Jun 16, 2008.

A tribal court does not have jurisdiction to hear a claim over a nonmember bank’s sale of formerly tribe-owned land to a third party. Plains Commerce Bank v. Long Family Land & Cattle Co., No. 07-411. Jun 25, 2008.

A prosecutor's peremptory challenge of a black juror prior to a trial in which a black defendant was convicted of murder was improperly based on race. Snyder v. Louisiana, No. 06-10119. Mar 19, 2008.

The National Labor Relations Act implicitly preempts states from barring employers that receive state funds from using those funds to promote or deter union organizing. Chamber of Commerce v. Brown, No. 06-939. Jun 19, 2008.

Merely concealing money during transport does not constitute “money laundering” under the federal money laundering statute. Cuellar v. U.S., No. 06-1456. Jun 2, 2008.

The federal money laundering statute’s ban on the use of “proceeds” from illegal activity refers to the profits from such activity, not total receipts. U.S. v. Santos, No. 06-1005. Jun 2, 2008.

Paralegal fees awarded to a prevailing party under the Equal Access to Justice Act are calculated according to prevailing market rates, not the lower calculation of “reasonable cost.” Richlin Security Service Co. v. Chertoff, No. 06–1717. Jun 2, 2008.

The doctrine of patent exhaustion prevents a company from seeking royalties from anyone other than the direct purchaser of a patent when its components are integrated into another product. Quanta Computer v. LG Electronics, No. 06-937. Jun 9, 2008.

The Federal Aviation Administration Authorization Act preempts a Maine law that regulates the commercial delivery of tobacco and other products harmful to children by requiring that such products use only delivery services that provide proof the products are not delivered to minors. Rowe v. New Hampshire Motor Transportation Association, No. 06-457. Feb 20, 2008.

State common law claims challenging the safety and effectiveness of a medical device that received pre-market approval from the FDA are preempted by federal law. Click here for related story. Riegel v. Medtronic, Inc., No. 06-179. Feb 20, 2008.

The Supreme Court won’t decide what authority states have to allow tort suits alleging that a drug maker misrepresented facts to the Food and Drug Administration that affected the agency’s approval decision. Warner-Lambert Co., LLC v. Kent, No. 06-1498. Mar 3, 2008.

The Individuals with Disabilities Act allows parents to seek tuition reimbursement for private school costs for a child who never attended public school. Board of Education of the City School District of the City of New York v. Tom F., No. 06-637. Oct 10, 2007.

Punitive damages awarded under maritime common law should be limited to the amount of compensatory damages, and therefore a $5 billion punitive award against Exxon for the 1989 Valdez oil spill should be reduced to $507 million. Click here for related story.
Exxon Shipping Co. v. Baker, No. 07-219. Jun 25, 2008.

Reliance is not a necessary element of a mail fraud claim under the Racketeer Influenced and Corrupt Organizations Act. Bridge v. Phoenix Bond & Indemnity, No. 07-210. Jun 9, 2008.

If probable cause supports an arrest, evidence seized incident to that arrest is admissible even though state law provided that only a citation should have been issued. Virginia v. Moore, No. 06-1082. Apr 23, 2008.

Investors in a company that committed fraud may not impose liability under the Securities Exchange Act against the company's vendors for their role in the scheme. Stoneridge Investment Partners, LLC v. Scientifica-Atlanta, Inc., No. 06-43. Jan 15, 2008.

Absent an appeal or cross-appeal by the government, a federal appellate court cannot increase the sentence of a criminal defendant sua sponte. Greenlaw v. U.S., No. 07-330. Jun 23, 2008.

Federal trial judges need not notify the parties in criminal matters before imposing a criminal sentence that goes outside of the federal sentencing guidelines, even if it is an upward departure. Irizarry v. U.S., No. 06-7517. Jun 12, 2008.

A federal statute that boosts by 10 years the sentence for carrying explosives while committing a felony does not require the government to prove that the explosives were carried in furtherance of the underlying felony. U.S. v. Ressam, No. 07-455. May 19, 2008.

A previous conviction under a state drug law that gives high sentences for recidivist drug offenders can trigger the federal Armed Career Criminal Act, which automatically boosts the sentence for gun possession. Click here for related story. U.S. v. Rodriquez, No. 06-1646. May 19, 2008.

Repeat DUI convictions are not “violent felonies” as defined by the federal Armed Career Criminal Act that trigger a mandatory 15-year minimum sentencing provision for felons in possession of a firearm. Begay v. U.S., No. 06-11543. Apr 16, 2008.

A federal district court judge can sentence a defendant to a term below the federal sentencing guidelines range. Click here for related story.
Gall v. U.S., No. 06-7949. Dec 10, 2007.

Courts must consider whether the Tucker Act ’s statute of limitations restricts the subject matter jurisdiction of the U.S. Court of Federal Claims, even if the issue is not raised by the parties. John R. Sand & Gravel Co. v. U.S., No. 06-1164. Jan 8, 2008.

A state law that taxes interest income from bonds issued by other state and local governments while exempting interest income from in-state bonds does not violate the Commerce Clause. Department of Revenue of Kentucky v. Davis, No. 06-666. May 19, 2008.

A taxpayer seeking a refund for a tax assessed in violation of the Export Clause must file a timely administrative refund claim before suing the government. U.S. Supreme Court. U.S. v. Clinton Elkhorn Mining Co., No. 07-308. Apr 15, 2008.

A state cannot tax a share of the capital gains earned by an out-of-state company when it sold its investment in a division of the company that was involved in a different line of business. MeadWestvaco Corp. v. Illinois Department of Revenue, No. 06-1413. Apr 15, 2008.

An individual accused of criminal tax evasion may claim “return-of-capital” treatment without producing evidence that either he or his closely-held corporation intended a capital return when the distribution occurred. Boulware v. U.S., No. 06-1509. Mar 3, 2008.

Investment advisory fees incurred by a trust are generally subject to the same two percent floor applied to individuals for the deduction of itemized expenses from adjusted gross income, except where those fees would not have been incurred if the property were not held in a trust. Click here for related story. Knight v. Commissioner, No. 06-1286. Jan 16, 2008.

A railroad can challenge a state's methodology for valuing the railroad for tax purposes. CSX Transportation, Inc. v. Georgia State Board of Equalization, No. 06-1287. Dec 4, 2007.

An Indiana statute requiring in-person voters to produce government-issued picture identification before they may vote imposes only a limited burden on voters’ rights and the interests advanced by the state – deterring and detecting voter fraud as well as inspiring voter confidence – are sufficient to defeat a facial constitutional challenge to the statute. Crawford v. Marion County Election Board; Indiana Democratic Party v. Rokita, No. 07-21; 07-07-25. Apr 28, 2008.

The Voting Rights Act does not require a state to obtain pre-clearance for plans to fill vacancies on a local commission by gubernatorial appointment rather than through an election. Riley v. Kennedy, No. 07-77. May 26, 2008.

A whistleblower suing under the False Claims Act must prove that the defendant intended to make a false statement for the purpose of obtaining government funding. Allison Engine v. U.S., No. 07-214. Jun 9, 2008.