================================
-----------------------------------------------------------------------
U.S. 1st Circuit Court of Appeals
-----------------------------------------------------------------------
US v. DUCLOS (09/08/04 - No. 03-1348, 03-2272)
Defendant's appeal from the revocation of his supervised release and
additional thirteen month imprisonment is dismissed where the
completion of defendant's sentence moots his appeal.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/031348.html

-----------------------------------------------------------------------
U.S. 3rd Circuit Court of Appeals
-----------------------------------------------------------------------
BARBER v. UNUM LIFE INS. CO. (09/07/04 - No. 03-4363)
Pennsylvania's bad faith statute for insurance claims is conflict
preempted by ERISA.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/034363p.pdf

-----------------------------------------------------------------------
U.S. 4th Circuit Court of Appeals
-----------------------------------------------------------------------
US v. LOCKHART (09/08/04 - No. 03-4815)
Defendant's conviction for threatening the President of the United
States is affirmed over her challenges that 1) the indictment was
defective, 2) the government failed to prove she had the necessary
intent, and 3) the threat in the letter was protected by the First
Amendment.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/4th/034815p.pdf

-----------------------------------------------------------------------
U.S. 5th Circuit Court of Appeals
-----------------------------------------------------------------------
JOHNSON v. JOHNSON (09/08/04 - No. 03-10455)
Plaintiff-prisoner's suit, asserting violations of the Eighth Amendment
and Equal Protection clauses, is dismissed in part where the majority of
plaintiff's claims fail to exhaust his administrative remedies.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0310455p.pdf

-----------------------------------------------------------------------
U.S. 6th Circuit Court of Appeals
-----------------------------------------------------------------------
BOYD v. CORRECTIONS CORP. OF AMERICA
(09/08/04 - No. 03-5227)
The Prison Litigation Reform Act's exhaustion requirement applies to
prisoners held in private facilities.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0299p.html

-----------------------------------------------------------------------
U.S. 7th Circuit Court of Appeals
-----------------------------------------------------------------------
PATEL v. CITY OF CHICAGO (09/07/04 - No. 03-1170)
Plaintiff's challenge to a city ordinance that designated its property
as a potential target for acquisition is dismissed where plaintiff's
claim is subject to the special ripeness standards for constitutional
property rights claims established in Williamson v. Hamilton Bank, 473,
U.S. 172 (1985).

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/031170p.pdf

ARMSTEAD v. FRANK (09/08/04 - No. 03-3980)
Defendant's murder conviction is affirmed over her challenges that 1)
the trial court's failure to give a felony murder instruction violated
due process, 2) the statute governing juveniles in adult courts violates
due process and equal protection, and 3) the trial court's refusal to
give an abandonment of intent instruction violated due process.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/033980p.pdf

YE v. ZEMIN (09/08/04 - No. 03-3989)
Plaintiff's attempt to effect service on the former president of China
is denied where the Executive Branch has determined that this service of
process could frustrate the United State's diplomatic objectives.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/033989p.pdf

-----------------------------------------------------------------------
U.S. 9th Circuit Court of Appeals
-----------------------------------------------------------------------
SAGANA v. TENORIO (09/07/04 - No. 03-15779)
The Nonresident Workers Act, which limits a nonresident alien's ability
to seek and engage in employment as a condition for entry, does not
violate that alien's constitutional rights under the Fourteenth
Amendment.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0315779p.pdf

ARREOLA-ARREOLA v. ASHCROFT (09/08/04 - No. 01-71596)
Plaintiff's petition for review is treated as a habeas petition and
transferred to the district court on grounds that the transfer serves
the interests of justice since plaintiff has raised a colorable
constitutional claim.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0171596p.pdf

LARA-TORRES v. ASHCROFT (09/08/04 - No. 02-72329)
Plaintiffs' petitions for review are denied over their challenge of
ineffective assistance of counsel where counsel's legal approach was a
tactical miscalculation, not ineffective assistance, and did not
undermine the fundamental fairness of the proceedings.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0272329p.pdf

PUB. UTIL. DIST. v. DYNEGY POWER MKTG. INC.
(09/10/04 - No. 03-55191)
Plaintiff's suit, claiming that defendants manipulated the energy
market and caused artificially high prices, is dismissed on preemption
grounds where the Federal Energy Regulatory Commission has exclusive jurisdiction over interstate sales of wholesale electricity.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0355191p.pdf

JONES v. CITY OF SANTA MONICA (09/10/04 - No. 03-55211)
The procedures of the City of Santa Monica for securing a post-arrest
probable cause determination are not facially unconstitutional under the
Fourth and Fourteenth Amendments.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0355211p.pdf

-----------------------------------------------------------------------
U.S. 10th Circuit Court of Appeals
-----------------------------------------------------------------------
FRIENDS OF MAROLT PARK v. US DEPT. OF TRANSP.
(09/09/04 - No. 02-1480)
Plaintiff's suit, alleging that defendant violated section 4(f) of the
Transportation Act by approving construction of a highway project, is
dismissed on ripeness grounds where the project is contingent on voter
approval and may not be completed.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/021480.html

COMBS v. PRICEWATERHOUSECOOPERS
(09/09/04 - No. 03-1080, 03-1222)
Plaintiff's suit for wrongful discharge is dismissed for lack of
standing where a stockholder cannot maintain a personal action against a director or other third party whose action causes harm to the
corporation.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/031080.html

-----------------------------------------------------------------------
California Appellate Districts
-----------------------------------------------------------------------
PRACHASAISORADEJ v. RALPHS GROCERY CO.
(09/08/04 - No. B165498)
Dismissal of plaintiff's suit, on grounds that it was preempted by
section 301 of the Labor Management Relations Act, is reversed where
there was no preemption as plaintiff's claims involved independent
rights that neither derive from nor require interpretation of a
collective bargaining agreement.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b165498.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b165498.pdf

CITY AND COUNTY OF SAN FRANCISCO v.
FLYING DUTCHMAN PARK, INC.
(09/09/04 - No. A102026)
The trial court erred in finding plaintiff-City's parking tax
unconstitutional where there exists a rational bases for the exemptions
allowed in the parking tax ordinance, and, consequently, its enforcement
does not violate equal protection.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/a102026.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/
a102026.pdf

IN RE ANDREW (09/10/04 - No. B172587)
Petition for modification and request for reunification services is
granted where the biological father asserted his parental rights within
reasonable time of learning of his child's existence, was a fit parent,
and had his due process rights violated by DCFS's dilatory behavior.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b172587.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/
b172587.pdf