LATEST SUMMARIES

ADMINISTRATIVE LAW, AGRICULTURE, ENVIRONMENTAL LAW
• Lands Council v. McNair

ADMINISTRATIVE LAW, CRIMINAL LAW & PROCEDURE, SENTENCING
• Tablada v. Thomas

ADMIRALTY, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, REMEDIES
• Crowley Marine Servs. Inc. v. Maritrans Inc.

BANKING LAW, BANKRUPTCY LAW, CONTRACTS, DEBT COLLECTION
• Gen. Elec. Capital Corp. v. Future Media Prods., Inc.

LATEST SUMMARIES

ADMINISTRATIVE LAW, AGRICULTURE, ENVIRONMENTAL LAW
Lands Council v. McNair, No. 07-35000
Denial of a preliminary injunction to halt a project, which called for the selective logging of 3,829 acres in a national forest, is affirmed where: 1) plaintiff was not likely to succeed on any of its claims under the National Forest Management Act (NFMA) or the National Environmental Policy Act (NEPA); and 2) plaintiff failed to show that, if the Forest Service were allowed to proceed with the project, the balance of hardships tipped sharply in its favor. (En banc opinion) Read more...

ADMINISTRATIVE LAW, CRIMINAL LAW & PROCEDURE, SENTENCING
Tablada v. Thomas, No. 07-35538
In a case involving whether the Bureau of Prisons (BOP) violated the Administrative Procedure Act (APA) in promulgating a regulation interpreting 18 U.S.C. section 3624(b), which governs the calculation of good conduct time for federal prisoners, the court finds that: 1) the BOP concededly violated the APA by failing to articulate a rational basis for its decision to promulgate the regulation; but 2) the remedy for the violation is to interpret the federal statute in accordance with the BOP's Program Statement 5880.28; and 3) the BOP's methodology for calculating good time credits under Statement 5880.28 was both reasonable and persuasive under applicable law. Read more...

ADMIRALTY, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, REMEDIES
Crowley Marine Servs. Inc. v. Maritrans Inc., No. 07-35237
In an action arising out of the collision of plaintiff's tug boat with defendants' oil tanker, a district court's reallocation of fault in the matter is affirmed where: 1) the district court did not err in considering the coordinated nature of the tug escort, the tug boat's violations of Rules 5 and 17(b), or the negligence of both plaintiff and the tug's captain; and 2) it did not err in apportioning 70% of the responsibility for the collision to the tug boat. Read more...

BANKING LAW, BANKRUPTCY LAW, CONTRACTS, DEBT COLLECTION
Gen. Elec. Capital Corp. v. Future Media Prods., Inc., No. 07-55694
In an appeal brought by an oversecured creditor in a bankruptcy matter, an order denying the creditor default interest and attorney's fees is reversed and remanded where: 1) the bankruptcy court improperly applied the circuit court's rule from In re Entz-White Lumber and Supply, Inc., 850 F.2d 1338 (9th Cir. 1988), to the facts of this case; and 2) the bankruptcy court should apply a presumption of allowability for the contracted for default rate, "provided that the rate is not unenforceable under applicable non-bankruptcy law." Read more...