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U.S. 2nd Circuit Court of Appeals
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MUNAFO v. METROPOLITAN TRANSP. AUTH. (08/24/04 - No. 03-7831)
Denial of plaintiff's motion for a new trial is affirmed where the
district court did not abuse its discretion since the jury's verdict was
not "ineluctably inconsistent" and the record does not support
plaintiff's contention that the special verdict form inaccurately
transmitted the jury's verdict.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/037831p.pdf

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U.S. 4th Circuit Court of Appeals
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KIRBY v. CITY OF ELIZABETH CITY (08/23/04 - No. 03-2035)
Dismissal of plaintiff's claim of employer retaliation, based on the
content of his truthful testimony at a public hearing, is affirmed where
his testimony was not a matter of public concern.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/4th/032035p.pdf

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U.S. 6th Circuit Court of Appeals
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DLX, INC. v. COMMONWEALTH OF KENTUCKY (08/26/04 - No. 03-5528)
Dismissal of plaintiff's claim, alleging that denial of a permit to
mine constituted a regulatory taking of property in violation of the
Fifth Amendment, is affirmed where the Eleventh Amendment bars
plaintiff's claims against defendant-Kentucky in federal court.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0280p.html

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U.S. 7th Circuit Court of Appeals
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MCKENZIE v. MILWAUKEE COUNTY (08/23/04 - No. 03-4136)
Plaintiff's employment discrimination claim, alleging violations of her
Equal Protection and First Amendment rights, is dismissed where she
failed to show that a similarly situated male officer was treated more
favorably than she was.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/034136p.pdf

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U.S. 8th Circuit Court of Appeals
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QWEST CORP. v. WORLDCOM, INC. (08/23/04 - No. 03-1489)
The district court's entry of a permanent injunction barring the
Minnesota Public Utilities Commission (MPUC) from requiring plaintiff to
provide defendant with reports regarding the provision of certain
telecommunication services is reversed where the FCC has not preempted
the authority of the MPUC in this area.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/031489p.pdf

DILLON v. BROWN COUNTY (08/23/04 - No. 03-3687)
In a civil rights lawsuit arising out of a motor vehicle accident,
plaintiff's allegations of gross negligence are insufficient to satisfy
a claim of substantive due process where the plaintiff failed to show an
intent to harm required to establish a violation of substantive due
process.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033687p.pdf

DEVER v. HENTZEN COATINGS (08/23/04 - No. 03-3695)
Dismissal of plaintiff's products liability action against paint
producers is reversed with respect to defendants-LHB Industries, Hill
Manufacturing, and Sherwin Williams, where each defendant had sufficient
contacts with the state for exercise of personal jurisdiction.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033695p.pdf

WARNOCK v. ARCHER (08/24/04 - No. 02-3322, 03-1422)
The prayers at a school district's mandatory meetings and in-service
training impermissibly and unconstitutionally endorsed religion in
violation of the establishment clause of the First Amendment.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/023322p.pdf

IOWA & CHICAGO RAILROAD v. WASHINGTON COUNTY (08/25/04 - No. 03-3136)
Plaintiff's challenge to a state law requiring it to maintain railroad
bridges is dismissed where plaintiff failed to establish that the
Interstate Commerce Commission Termination Act's preemption provision
preempts state administrative proceedings commenced by a state agency.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033136p.pdf

MOORE v. BRIGGS (08/25/04 - No. 03-3643)
District court's denial of summary judgment on the basis of qualified
immunity is reversed where the evidence was insufficient to support a
finding of deliberate indifference or subjective recklessness by mental
health providers who failed to protect resident from assault by other
residents.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/033643p.pdf

REPUBLICAN PARTY OF MINNESOTTA v. KLOBUCHAR (08/26/04 - No. 03-2801)
Plaintiff's challenge to a state statute, under which he was charged
with making a false campaign statement, is dismissed where plaintiff's
as-applied challenges are moot following dismissal of the charges and
the First Amendment facial overbreadth challenge is dismissed for lack
of standing.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/032801p.pdf

REVELS v. VINCENZ (08/27/04 - No. 03-2429)
Grant of summary judgment to defendant-prison officials is affirmed
where deprivation from the use of a toilet for a few seconds does not
rise to a constitutional violation and plaintiff did not show that he
was denied privileges in retaliation for filings grievances against
defendants.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/032429p.pdf

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U.S. 9th Circuit Court of Appeals
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YAHOO! INC. v. LA LIGUE CONTRE LE RACISME (08/23/04 - No. 01-17424)
The district court's finding, that a French court's orders against
plaintiff were unenforceable in the United States, is reversed where the
district court had no personal jurisdiction over the French party
defendants, as the defendant did nothing wrongful in bringing the suit
against plaintiff in France.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0117424p.pdf

US v. BOYLAN (08/24/04 - No. 03-56681)
Plaintiffs successfully appeal the district court's denial of their
Article III standing to enter claims against the funds in a forfeiture
proceeding where plaintiffs were not given notice by the government of
their potential claim.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0356681p.pdf

IN RE GERALD NORTH (08/26/04 - No. 03-15629)
Dismissal of plaintiff's challenge to an order, upholding his prior
suspension from the practice of law, is affirmed where his claim is
moot, due to the expiration of the suspension from the state bar, and
does not fall into the category of cases capable of repetition yet
evading review.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0315629p.pdf

ALPHA ENERGY SAVERS, INC. v. HANSEN (08/27/04 - No. 03-35142)
A public employee's testimony addresses a matter of public concern if
it contributes in some way to the resolution of a judicial or
administrative proceeding in which discrimination or other significant
government misconduct is at issue.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0335142p.pdf

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U.S. 10th Circuit Court of Appeals
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POWERS v. HARRIS (08/23/04 - No. 03-6014)
Plaintiff's challenge of The Oklahoma Funeral Services Licensing
Act(FSLA), which provides the regulatory scheme for the funeral
industry, is dismissed where intrastate economic protectionism is a
legitimate state interest and the FSLA is rationally related to this
legitimate end.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/036014.html

QWEST CORP. v. CITY OF SANTA FE (08/25/04 - No. 02-2258, 02-2269)
In a challenge to defendant-City's ordinance, which established
procedures for telecommunications providers seeking access to city-owned
rights-of-way, certain preempted provisions are severable, and the
remaining ordinance sections are not disturbed by the removal of the
invalid provisions.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/022258.html

TANDY v. CITY OF WICHITA (08/26/04 - No. 02-3329, 02-3340)
Dismissal of plaintiffs' suit, alleging violations of the
Rehabilitation Act and the Americans with Disabilities Act, is reversed
where the district court erred by analyzing plaintiffs' standing in
gross, instead of individually in relation to each claim for relief.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/023329.html

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U.S. 11th Circuit Court of Appeals
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CUDDEBACK v. FLORIDA BD. OF EDUC. (08/25/04 - No. 03-12634)
Plaintiff's gender discrimination claim is dismissed where she cannot
demonstrate that defendant's nondiscriminatory reasons for her discharge
were pretextual.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0312634p.pdf

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United States Court of Appeals for the Federal Circuit
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TUTHILL RANCH, INC. v. US (08/23/04 - No. 03-5085)
Dismissal of plaintiff's suit, alleging that the government occupied
plaintiff's property without just compensation, is affirmed where
plaintiff's predecessor in interest already received just compensation
for the entire physical occupation.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/035085.html

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Supreme Court of California
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IN RE MARRIAGE OF HARRIS (08/23/04 - No. S101836)
Where the mother had sole custody of her child and objected to the
visitation rights of the paternal grandparents, Family Code section
3104(b) imposes a rebuttable presumption that the grandparents'
visitation is not in the child's best interest.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s101836.doc

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/s101836.pdf

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Supreme Court of Texas
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FORT WORTH OSTEOPATHIC HOSP. v. REESE (08/27/04 - No. 02-1061)
Wrongful death and survival statutes do not violate the Equal
Protection Clause by prohibiting parents of a stillborn fetus from
bringing claims under them.

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=tx&vol=/sc/
021061&invol=1

COUNTY OF BEXAR v. SANTIKOS (08/27/04 - No. 03-0471)
Plaintiff's suit for compensation for an alleged taking is dismissed
where any damages resulting from leaving unimproved, raw land in its
natural state while raising or lowering an adjacent roadbed in hilly
terrain are community in nature.

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=tx&
vol=/sc/030471&invol=1

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California Appellate Districts
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CITY OF MALIBU v. CALIFORNIA COASTAL COMM'N (08/23/04 - No. B168229)
Defendants development of a local coastal program for plaintiff-City,
requiring it to process coastal development permits, is constitutional.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b168229.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168229.pdf

FAIR POLITICAL PRACTICES COMM'N, v. AM. CIVIL RIGHTS COALITION (08/26/04 - No. C045570)
The trial court properly denied defendants' anti-SLAPP motion where the motion was not heard within 30 days after service and the moving parties did not establish that the court's docket conditions required a later hearing.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/c045570.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c045570.pdf