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U.S. 1st Circuit Court of Appeals
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COYNE v. CRONIN (10/12/04 - No. 03-2357 )
Plaintiff-informant's suit, alleging negligence for revealing his
identity, is dismissed where defendant-FBI agent did not act with
deliberate indifference towards plaintiff's well-being.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/032357.html

MCGUIRE v. REILLY (10/12/04 - No. 03-2389)
A Massachusetts state law, regulating speech and activities within a
buffer zone around health care facilities which perform abortions, is
constitutional.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/032389.html

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U.S. 2nd Circuit Court of Appeals
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JENKINS v. US (10/15/04 - No. 03-6160)
Plaintiff's suit, seeking a declaration that certain provisions of the
Anti-Terrorism and Effective Death Penalty Act of 1996
unconstitutionally constrict the avenues of habeas relief, 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/2nd/036160p.pdf

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U.S. 3rd Circuit Court of Appeals
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C.E.R. 1988, INC. v. AETNA CAS. AND SUR. CO. (10/12/04 - No. 03-2833)
The National Flood Insurance Program is sufficiently comprehensive to
preempt a state tort suit where the purpose of the program would be
compromised by state court interference.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/032833p.pdf

WYATT, INC. v. GOV'T OF THE VIRGIN ISLANDS
(10/12/04 - No. 02-2695, 02-3762)
Plaintiff's suit, challenging defendant-employer's requirement that
prospective employees sign a dispute resolution agreement as a condition
of employment, is dismissed where plaintiff's cause of action is not
ripe for review.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/022695p.pdf

CHILD EVANGELISM v. STAFFORD T'SHIP SCHOOL DIST.
(10/15/04 - No.03-1101)
Plaintiff's successfully asserts a First Amendment claim with respect
to the distribution of its materials where defendant-school has engaged
in a practice of viewpoint discrimination that cannot be justified as an
effort to avoid an Establishment Clause violation.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/031101p.pdf

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U.S. 5th Circuit Court of Appeals
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ENERGY MGMT. CORP. v. CITY OF SHREVEPORT (10/15/04 -
No. 03-30677)
Defendant-City's ordinance, which attempts to regulate the drilling of
oil and gas wells, is invalid where it involves an area preempted
through statute and regulations issued by the State of Louisiana.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0330677p.pdf

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U.S. 6th Circuit Court of Appeals
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ALONGI v. FORD MOTOR CO.
(10/13/04 - No. 02-2514)
In a labor dispute, plaintiff's state-law causes of action are not
preempted by the Labor-Management Relations Act or the National Labor
Relations Act, and the district court erred in concluding that there was
federal subject-matter jurisdiction over plaintiff's claim.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/6th/022514p.pdf

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U.S. 7th Circuit Court of Appeals
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TUFFENDSAM v. DEARBORN COUNTY BD. OF HEALTH
(10/15/04 - No. 04-1486)
Plaintiff's suit, alleging that defendant-County's failure to force a
previous property owner to repair damage on the property deprived her of
property without due process of law, is dismissed where defendant is not
responsible for a homeowners's having a defective septic tank.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/041486p.pdf

GRIFFIN v. ROUPAS (10/15/04 - No. 03-3770)
Plaintiff's claim, that working mothers should be allowed to vote by
absentee ballot since it is a hardship for them to vote in person, is
dismissed for failure to state a claim.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/033770p.pdf

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U.S. 8th Circuit Court of Appeals
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REGIONS BANK v. J.R. OIL CO. (10/14/04 - No. 03-2283)
Summary judgment against plaintiff-bank's RICO claims, related to
alleged fraud in the procurement of a loan, are dismissed where
plaintiff lacked standing to raise its RICO claims since it suffered no
injury in fact to a tangible interest by reason of a RICO violation.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/8th/032283p.pdf

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U.S. 9th Circuit Court of Appeals
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QWEST CORP. v. CITY OF PORTLAND (10/12/04 - No. 02-35473)
In a suit to invalidate defendant-Cities' franchise and
telecommunication ordinances, a ruling that the ordinances were not
preempted by the Federal Telecommunications Act (FTA) is reversed where
the district court failed to conduct an individualized FTA section 253
preemption analysis for each city's ordinance.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0235473p.pdf

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U.S. 11th Circuit Court of Appeals
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BOURGEOIS v. PETERS (10/15/04 - No. 02-16886)
Defendant-City's policy, requiring everyone participating in a protest
to submit to a metal detector search, is invalid as it violates the
First and Fourth Amendments of the Constitution.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/11th/0216886p.pdf

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California Appellate Districts
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ACTION APARTMENT ASS'N v. CITY OF SANTA MONICA
(10/15/04 - No. B165082)
Plaintiffs successfully challenge portions of a Santa Monica ordinance
as unconstitutional on the ground that it is contradictory to state law
and thus preempted.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b165082a.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b165082a.pdf