LATEST SUMMARIES

ADMINISTRATIVE LAW, LABOR & EMPLOYMENT LAW
• Nat'l Labor Relations Bd. v. Studio Transp. Drivers Local 399

ATTORNEY'S FEES, CONSTITUTIONAL LAW, GOVERNMENT LAW, PER CURIAM, PROPERTY LAW & REAL ESTATE, REMEDIES
• Taylor v. Westly

CIVIL RIGHTS, CONSTITUTIONAL LAW, EDUCATION LAW, GOVERNMENT LAW
• Jacobs v. Clark County Sch. Dist.

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Caruto

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
• Miller v. Blacketter
• Woods v. Carey

LATEST SUMMARIES

ADMINISTRATIVE LAW, LABOR & EMPLOYMENT LAW
Nat'l Labor Relations Bd. v. Studio Transp. Drivers Local 399, No. 06-72695
Application to enforce an NLRB order finding that a union committed an unfair labor practice against intervenor, who refused to join the union, is granted where the NLRB's interpretation of the National Labor Relations Act, in finding that the union violated the Act by offsetting its "liquidated damages" from its nonrepresentational expenses, was rational and consistent with the Act. Read more...

ATTORNEY'S FEES, CONSTITUTIONAL LAW, GOVERNMENT LAW, PER CURIAM, PROPERTY LAW & REAL ESTATE, REMEDIES
Taylor v. Westly, No. 07-16902, 07-17223
In long-running litigation involving the constitutionality of California's statutory procedure addressing escheat, grant of a motion to dissolve an injunction preventing the operation of California's escheat process is affirmed in part and reversed in part where: 1) on its face, the state's new procedure complies with the due process standard previously established by the Supreme Court; 2) there was no abuse of discretion in dissolving the injunction; but 3) a denial of interim attorney's fees to plaintiffs was an abuse of discretion under the circumstances. Read more...

CIVIL RIGHTS, CONSTITUTIONAL LAW, EDUCATION LAW, GOVERNMENT LAW
Jacobs v. Clark County Sch. Dist., No. 05-16434
In a case raising constitutional challenges to a public school district's mandatory dress policies or "school uniform policies," the circuit court rules that neither the school district's regulation, which created a standard dress code for all county students, nor the individual school uniform policies implemented thereunder violated plaintiffs' free speech, free exercise, or due process rights. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Caruto, No. 07-50041
A conviction for importation of cocaine and possession of cocaine with intent to distribute is reversed where a prosecutor's closing argument, emphasizing omissions from defendant's post-arrest statement that existed only because she invoked her right to counsel under Miranda, constituted a violation of her right to due process. Read more...

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Miller v. Blacketter, No. 06-36090
Following a conviction for robbery, assaulting a public safety officer, and resisting arrest, denial of habeas relief is affirmed where petitioner, whose attorney moved on the morning of trial to withdraw from the case and to postpone proceedings, was not denied his right to the counsel of his choice when the trial judge denied the motions. Read more...

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Woods v. Carey, No. 05-55302
In habeas proceedings arising after petitioner was convicted of second degree murder and unlawful use of a firearm, dismissal of the habeas petition as barred as successive under 28 U.S.C. section 2244(b)is vacated and remanded with instructions that the district court construe petitioner's pro se petition as a motion to amend the habeas petition that was still pending before the district court at the time this new petition was filed. Read more...