LATEST SUMMARIES

ADMINISTRATIVE LAW, AGRICULTURE, CIVIL PROCEDURE, ENVIRONMENTAL LAW
• US v. Carpenter

ADMINISTRATIVE LAW, EVIDENCE, LABOR & EMPLOYMENT LAW
• Washington State Nurses Ass'n v. Nat'l Labor Relations Bd.

CIVIL PROCEDURE, FAMILY LAW, INTERNATIONAL LAW
• Duarte v. Bardales

LATEST SUMMARIES

ADMINISTRATIVE LAW, AGRICULTURE, CIVIL PROCEDURE, ENVIRONMENTAL LAW
US v. Carpenter, No. 06-15596
In a second appeal in a dispute over the status of a road on U.S. Forest Service land in a Nevada county, denial of intervention to environmental groups, approval of a settlement of a Quiet Title Act claim, and dismissal of intervenors' cross-claims are vacated in part, reversed in part, and remanded where: 1) the district court must permit intervenors to participate as parties in advocating their position in the Quiet Title Act action; 2) thus, vacatur of the settlement was required; and 3) intervenors' cross-claims are reviewable under the APA, as they alleged that the Attorney General circumvented federal law by entering into the settlement agreement. Read more...

ADMINISTRATIVE LAW, EVIDENCE, LABOR & EMPLOYMENT LAW
Washington State Nurses Ass'n v. Nat'l Labor Relations Bd., No. 06-74917
Petition for review of a decision that hospital's ban on union buttons bearing the message "RNs Demand Safe Staffing" did not constitute an unfair labor practice in violation of the NLRA is granted where substantial evidence did not support a finding that the hospital met its burden of establishing special circumstances justifying the button ban. Read more...

CIVIL PROCEDURE, FAMILY LAW, INTERNATIONAL LAW
Duarte v. Bardales, No. 06-56808
In proceedings arising from a petition for the return of plaintiff's children pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, denial of plaintiff's motion to vacate a judgment denying her petition is reversed where: 1) the district court abused its discretion in denying the motion; and 2) equitable tolling is available under the Hague Convention and ICARA to toll the one-year filing period, and such issue is to be addressed on remand. Read more...