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Archive for the ‘Constitutional Law’ Category

Fifth Circuit reverses holding that Texas failed to provide equal educational opportunities to Mexican-American students.

Posted in Constitutional Law, Education Law, tagged on March 25, 2010 | 1 Comment »

In 2006, G.I. Forum and LULAC, two groups representing Mexican-American students, challenged Texas Education Agency’s bilingual program, claiming it violated the Equal Educational Opportunity Act (“EEOA”), which requires a state agency “to take appropriate action to overcome language barriers.” They asserted that Texas denied equal educational opportunities to Mexican-American students. The trial court agreed that [...]

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Eighth Circuit revives excessive force lawsuit against a Little Rock police officer because videotape evidence supports claim.

Posted in Constitutional Law, Fourth Amendment, tagged on February 15, 2010 | 1 Comment »

Mack v. Dillon, No. 09-1295. In early 2004, Dolandon Mack robbed a Little Rock convenience store at gunpoint. When police officers arrived, Mack fled from the store and was eventually shot by police. The shooting resulted in Mack’s leg being amputated. Accounts differ as to what happened as Mack ran away from the officers. Mack [...]

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Illinois Supreme Court strikes down cap of medical malpractice awards as a violation of separation of powers.

Posted in Constitutional Law, Health Law, Medical Malpractice, Torts, tagged , , on February 5, 2010 | 4 Comments »

In 2005, Illinois adopted a law that limited jury awards for pain and suffering to $500,000 against doctors and $1 million against hospitals. Illinois medical and business industries supported the cap, claiming jury awards against medical providers had led to astronomical malpractice insurance rates, which in turn, had driven doctors out of the state. Trial [...]

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Third Circuit rules that fired Muslim scientist is not entitled to a hearing to contest being terminated.

Posted in Administrative Law, Civil Rights, Constitutional Law, Employment Law, tagged , on January 15, 2010 | 1 Comment »

Dr. Abdel Moniem Ali El-Ganayni, an Egyptian native, has lived in the United States since the 1980s and worked as a nuclear physicist for Bettis Laboratory. In 2007, El-Ganayni passed out copies of a Muslim religious tract called "The Miracle in the Ant" at a prison. He was grilled by the Bettis Laboratory security manager [...]

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Eighth Circuit holds that state law claims of failure to warn against generic manufacturers are not preempted by the FDCA.

Posted in Constitutional Law, Torts, tagged , , , on December 3, 2009 | Leave a Comment »

Mensing v. Wyeth, Inc., No. 08-3850. In March 2001, Gladys Mensing’s doctor prescribed Reglan to treat her diabetic gastroparesis, and her pharmacist filled the prescription with the generic version of Reglan, metoclopramide. After taking metoclopramide for four years, Mensing developed tardive dyskinesia, a severe neurological movement disorder. Mensing filed suit against the manufactures of metoclopramide [...]

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Eighth Circuit holds that Arkansas state courts correctly followed the totality-of-the-circumstances test in concluding a minor had knowingly and intelligently waived his Miranda rights.

Posted in Constitutional Law, Criminal Law, tagged , , , on November 18, 2009 | Leave a Comment »

Bell v. Norris, No. 07-3432. In December 1992, Albert Bell, a sixteen-year-old, and his accomplice, Terry Sims, robbed a grocery story. Bell served as a decoy to distract a store employee who Sims subsequently shot and killed. A second store employee began screaming, and Sims shot and killed the employee while Bell took money from [...]

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Small victory for The Game in defamation case against him.

Posted in Constitutional Law, First Amendment, Torts, tagged , , on November 13, 2009 | Leave a Comment »

Rapper Jayceon “The Game” Taylor was at a mall in Greensboro, North Carolina, when security guards told one of his entourage to stop filming without permission. He refused. The security guards called police. The Game refused to leave, and a crowd gathered to support him. The police dispersed the crowd with pepper spray and arrested [...]

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Fifth Circuit allows property owners to sue over pollution that elevated sea levels and worsened effects of Hurricane Katrina.

Posted in Constitutional Law, Environmental Law, Torts, tagged , on October 20, 2009 | Leave a Comment »

Following the Second Circuit decision in Connecticut v. AEP–which reinstated federal public nuisance claims of eight states, New York City, and three land trusts against six power companies over carbon dioxide emissions—the Fifth Circuit rejected a lower court’s findings that global-warming disputes are best resolved by the political branches of government. Instead, the court held [...]

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Fifth Circuit upholds ban of Confederate flag in school dress code.

Posted in Constitutional Law, First Amendment, tagged , , on October 14, 2009 | Leave a Comment »

Burleson High School (“BHS”) adopted a dress code barring students from displaying the Confederate flag in response to more than 50 race-related incidents since 2002. Because of a fight that broke out between BHS students and fans of a predominantly black high school before a basketball game, the Texas high-school athletics governing body considered sanctions [...]

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Eighth Circuit delivers “mixed bag” decision regarding qualified immunity of officers involved in death of Russellville man.

Posted in Constitutional Law, tagged , on October 8, 2009 | Leave a Comment »

Krout v. Goemmer, No. 08-2781. Facts At approximately 1:20 a.m., Sarah Lowrey walked into a Russellville gas station and asked the clerk to call the police because the man she was with, Bobby Joe Rylee, was agitated, needed sleep, and had a knife. Lowrey told the clerk Rylee had not threatened her. She returned to [...]

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