================================

-----------------------------------------------------------------------
U.S. 1st Circuit Court of Appeals
-----------------------------------------------------------------------
JESUS-MANGUAL v. RODRIGUEZ (09/02/04 - No. 04-1031)
Dismissal of plaintiffs suit, claiming that a Puerto Rico criminal
libel statute is unconstitutional as applied to publications about
private individuals in matters of public concern, is remanded where
plaintiffs were not given the opportunity to develop the evidentiary
record with respect to their claim.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/041031.html

STEIR v. GIRL SCOUTS OF THE US (09/03/04 - No. 04-1012 )
Plaintiff's suit for discrimination is dismissed for lack of standing
where plaintiff had completely severed her ties to defendant's
organization, and, as a consequence, there was not live controversy and
no prospective relief of a personal nature the could be awarded.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/041012.html

-----------------------------------------------------------------------
U.S. 2nd Circuit Court of Appeals
-----------------------------------------------------------------------
SADALLAH v. CITY OF UTICA (09/03/04 - No. 03-9055)
Statements made by defendant, which allegedly damaged plaintiff's
reputation and business, do not constituted a "stigma plus" violation of
plaintiff's constitutional rights where plaintiff failed to allege a
tangible injury sufficient to make out a constitutional claim under the
"stigma plus" doctrine.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/2nd/039055p.pdf

-----------------------------------------------------------------------
U.S. 3rd Circuit Court of Appeals
-----------------------------------------------------------------------
HI TECH TRANS v. STATE OF NEW JERSEY (09/02/04 - No. 03-2773, 03-2849)
Plaintiff's request for declaratory relief against permit and licensing
requirements imposed on waste disposal facilities is dismissed where
there was no basis for relief, given plaintiff's untenable and meritless
preemption claim.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/032773p.pdf

-----------------------------------------------------------------------
U.S. 5th Circuit Court of Appeals
-----------------------------------------------------------------------
US v. REYNOLDS (09/01/04 - No. 03-41634)
Defendant's conviction for threatening to use weapons of mass
destruction is affirmed over his challenge that the evidence was
insufficient and that his conviction was an unconstitutional use of
Congress's powers under the Commerce Clause.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0341634p.pdf

MCCARTHY v. HAWKINS (09/02/04 - No. 03-50608)
Defendant's motion to dismiss on grounds of state-sovereign immunity is
dismissed where state officers, sued in their official capacities for
prospective relief, are proper defendant's under Title II of the ADA and
are not immune under the Eleventh Amendment.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0350608p.pdf

-----------------------------------------------------------------------
U.S. 6th Circuit Court of Appeals
-----------------------------------------------------------------------
HOWARD v. WHITBECK (08/31/04 - No. 03-1396)
Dismissal of plaintiff's challenge to a Michigan statute, requiring
certain filing fees to be paid by prisoners before filing civil suits,
is reversed where the district court improperly decided that it lacked
subject matter jurisdiction to hear plaintiff's claim.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0286p.html

THE UNITED CHURCH OF CHIRST v. GATEWAY ECONOMIC DEVELOPMENT CORP. (09/01/04 - No. 01-3434)
Plaintiff-protester's successfully appeal the denial of a requested
injunction to gather on defendant-professional sports complex's property
where the sidewalk of defendant is declared a public forum and can only
be saddled with content-neutral time, place, and manner restrictions
that are narrowly tailored to further a significant government interest.

To read the full text of this opinion, go to:
http://laws.findlaw.com/6th/04a0291p.html

CUNO v. DAIMLERCHRYSLER, INC. (09/02/04 - No. 01-3960)
An Ohio investment tax credit, which rewards companies for expanding
their business in-state, cannot be upheld under the Commerce Clause
where the tax credit involves state regulation of interstate commerce
through its power to tax.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0293p.html

-----------------------------------------------------------------------
U.S. 7th Circuit Court of Appeals
-----------------------------------------------------------------------
WHITING v. MARATHON COUNTY SHERIFF'S DEP'T (08/30/04 - No. 03-3515)
Dismissal of plaintiff-prisoner's claim of a civil rights violation for
failure to adhere to a previously issued no-contact order is affirmed
where defendant sued the wrong parties, as none of the named individual
defendants had actual knowledge of the no-contact order.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/033515p.pdf

REPUBLIC TOBACCO v. NORTH ATLANTIC TRADING CO. (09/01/04 - No. 04-1098, 04-1202)
In a suit between two competing tobacco companies, summary judgment in
favor of plaintiff on its defamation claim and against defendant's
antitrust claim is affirmed, however, the district court's remitted
damages award for the defamation claim is vacated as excessive.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/041098p.pdf

-----------------------------------------------------------------------
U.S. 8th Circuit Court of Appeals
-----------------------------------------------------------------------
MORGN v. UPS (08/30/04 - No. 02-2545, 02-2835)
In a class action race discrimination suit, summary judgment against
plaintiffs' claims of employment and pay discrimination is affirmed
where plaintiffs failed to present sufficient evidence of a pattern or
practice of class-wide discrimination.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/022545p.pdf

COCA-COLA CO. v. PURDY (09/01/04 - No. 02-2894,
03-1795, 03-1929)
First Amendment does not protect the use of another's trademark in a
domain name to attract an unwitting and unwilling audience to the
message of the domain name holder.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/022894p.pdf

WIGGS v. SIOUX FALLS SCHOOL (09/03/04 - No. 03-2956, 03-3107)
Plaintiff-teacher's participation in after-school activities held by a
Christian club did not justify defendant-school district's ban on her
participation where plaintiff's association with the club constituted
private speech and did not put school at risk of violating the
Establishment Clause.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/032956p.pdf

-----------------------------------------------------------------------
U.S. 9th Circuit Court of Appeals
-----------------------------------------------------------------------
WHITMAN v. DEP'T OF TRANSP. (08/30/04 - No. 03-35303)
Dismissal of plaintiff's employment discrimination claim is affirmed
where 5 U.S.C. section 7121(a)(1) does not expressly confer federal
court jurisdiction over employment-related claims covered by the
negotiated grievance procedures of federal employees' collective
bargaining agreements.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0335303p.pdf

CLARK COUNTY SCHOOL v. LYTLE (09/01/04 - No. 02-16244)
A jury verdict in favor of plaintiff on her claim of retaliation is
affirmed where municipal liability could be imposed on defendants since
they were final policymakers of employee discipline policy and
sufficient evidence was present to show that plaintiff was retaliated
against.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0216244p.pdf

CHOLLA READY MIX, INC. v. MENDEZ (09/01/04 - No. 03-15423)
The Establishment Clause does not bar the government from protecting an
historically and culturally important site simply because the site's
importance derives at least in part from its sacredness to certain
groups.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0315423p.pdf

MT. ST. HELENS MINING AND RECOVERY LP v. US (09/03/04 - No. 03-35498)
In an attempt to acquire land for the designation of the Mount St.
Helens Volcano as a national monument, summary judgment against
plaintiff, forcing the exchange of plaintiff's land in the Mount St.
Helens area, is affirmed where defendant's appraisal for the land was
not arbitrary and capricious.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0335498p.pdf

GILBERTSON v. ALBRIGHT (09/03/04 - No. 02-35460)
Younger v. Harris, 401 U.S. 37 (1971), principles apply to actions at
law as well as for injunctive or declaratory relief where a
determination that a federal plaintiff's constitutional rights have been
violated would have the same practical effect as a declaration or
injunction pending state proceedings.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0235460pv3.pdf

-----------------------------------------------------------------------
U.S. 10th Circuit Court of Appeals
-----------------------------------------------------------------------
STOVER v. MARTINEZ (08/31/04 - No. 03-1017)
In an employment discrimination case, summary judgment is affirmed
against plaintiff's retaliation, racial discrimination, and religious
discrimination claims.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/031017.html

-----------------------------------------------------------------------
U.S. 11th Circuit Court of Appeals
-----------------------------------------------------------------------
TROIANO v. SUPERVISOR OF ELECTIONS (09/01/04 - No. 03-16360)
Dismissal of plaintiff-visually impaired registered voter's complaint
for lack of subject matter jurisdiction is affirmed where the case is
moot, as defendant has furnished the requested audio components in all
of the voting precincts in upcoming elections.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0316360p.pdf

-----------------------------------------------------------------------
U.S. District of Columbia Circuit Court of Appeals
-----------------------------------------------------------------------
IN RE SEALED CASE (08/31/04 - No. 03-7021)
The district court erred by ordering production of plaintiff's medical
records without determining whether any are subject to the federal
psychotherapist privilege, and without weighing the probative value of
the non-privileged records against the extent of the intrusion into
plaintiff's privacy interests.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/dc/037021a.pdf

-----------------------------------------------------------------------
United States Court of Appeals for the Federal Circuit
-----------------------------------------------------------------------
APPOLO FUELS, INC. v. US (08/30/04 - No. 03-5088)
Plaintiff's allegation, that the government's designation of its land
as unsuitable for mining constitutes a permanent taking, is rejected
where plaintiff's lack of reasonable investment-backed expectations,
coupled with health and safety interests, outweigh plaintiff's economic
injury.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/035088.html

BASS ENTERPRISES PRODUCTION CO. v. US (08/31/04
- No. 03-5056)
The Bureau of Land Management's delay in approving plaintiff's
application for permits to drill does not constitute a temporary taking
where it was not extraordinary since the delay permitted the government
to evaluate the potential harm from a nuclear waste storage facility
nearby.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/035056.html

XECHEM INT'L INC. v. THE UNIVERSITY OF TEXAS
(08/31/04 - No. 03-1406)
Plaintiff's suit is dismissed where defendant-university is not subject
to suit in federal court as plaintiff's pleadings and representations do
not meet the requirements of precedent for waiver or abrogation of a
state's Eleventh Amendment immunity.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/031406.html

-----------------------------------------------------------------------
Supreme Court of Texas
-----------------------------------------------------------------------
TEXAS DEP'T OF PROTECTIVE AND REGULATORY
SERVS. v. MEGA CHILD CARE, INC. (09/03/04 - No. 02-0728)
The holder of a child-care facility license has a statutory right to
judicial review.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/scripts/getcase.pl?court=tx&vol=/sc/
020728&invol=1

NEW TIMES, INC. v. ISAACKS (09/03/04 - No. 03-0019)
In a libel suit, the trial court improperly dismissed defendants'
motions for summary judgment where defendant negated actual malice as a
matter of law.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/scripts/getcase.pl?court=tx&vol=/sc/
030019&invol=1

-----------------------------------------------------------------------
Supreme Court of Florida
-----------------------------------------------------------------------
WARNER v. CITY OF BOCA RATON (09/02/04 - No. SC01-2206)
The Florida Religious Freedom Restoration Act (FRFRA) expands the scope
of religious protection beyond the conduct considered protected by cases from the United States Supreme Court, and, under the FRFRA, any law that substantially burdens the free exercise of religion is subject to the strict scrutiny standard.

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/floridastatecases/
9_2004/sc01-2206.pdf

-----------------------------------------------------------------------
Delaware Supreme Court
-----------------------------------------------------------------------
LEMOS v. WILLIS (08/30/04 - No. 98, 2003)
In a slip-and-fall case, plaintiff's suit, seeking to hold defendants
liable for violating city ordinances, is dismissed as the city ordinance
at issue was declared to be invalid.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/delawarestatecases/98-2003.pdf

-----------------------------------------------------------------------
California Appellate Districts
-----------------------------------------------------------------------
SOUTHERN CALIFORNIA EDISON CO. v. PUB.
UTILITES COMM'N (08/31/04 - No. B171050)
Under an interpretation, by the California Public Utilities Commission,
of California Public Utilities Code section 399.25, which would require
that the public utility pay the upfront costs of upgrading energy grids,
the section is prempted by federal law.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b171050.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b171050.pdf

FLATLEY v. MAURO (09/02/04 - No. B171570)
A pre-litigation attempt to extort money in exchange for silence is not
the proper subject of a special motion to strike.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b171570.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b171570.pdf