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Article • August 15, 2008
Supreme Court Denies Mandatory Settlement Class Certification by Asbestos companies approached a group of plaintiffs' lawyers to discuss a "global settlement" of their tort liability, resulting in the filing of a mandatory class action that would bind all future claimants with no opt-out provision and thus permanently limit the defendants' …
Article • August 15, 2008
Artwork Sold on City Grounds Protected by First Amendment; No Permit Required by The City of Sparks, Nevada appealed a district court ruling that allowed artist Steven White to display and sell his paintings in parks and Victoria Square without a permit or prior permission from the City. The appellate …
Ventura County Jail Restraint Chair Use Enjoined; Class Certified by The plaintiffs complained of abuse of restraint chairs, e.g., being strapped into them for asking questions and not being let out to go to the bathroom. The plaintiffs had standing to seek an injunction concerning the use of restraint chairs …
Article • May 15, 2008
Okay to Open Mail Sent by Attorney General by The plaintiff alleged that defendants opened a piece of mail from the state Attorney General's office in his absence. He has no standing to raise a court access claim absent a showing of prejudice. However, the court construes his complaint as …
Class Certified in Hispanic Racial Profiling Suit by Standing is assessed with respect to the class as a whole after class certification but with respect to the named plaintiffs before certification. Evidence of a pattern or practice of police conduct that does not depend on the plaintiff's own behavior can …
Article • May 15, 2008
Father May Sue for Mentally Ill Son’s Jail Assault by Father May Sue for Mentally Ill Son's Jail Assault The plaintiff brought suit as "next friend" of his son, who was assaulted in jail and who he alleged was mentally incompetent. The defendants objected to his doing so because no …
Article • April 15, 2008 • from PLN April, 2008
Pennsylvania Lifers' Commutation-Law Ex Post Facto Suit Remanded to Determine Standing by John Dannenberg by John D. Dannenberg In 1997, an amalgam of Pennsylvania prisoners, taxpayers and public interest groups sued the Pennsylvania Board of Pardons (Board) and top state officials in U.S. District Court, challenging restrictive 1997 amendments to …
Article • January 15, 2008
Reassignment of Right to Seek Attorney Fees Not Reassignable by The Ninth Circuit Court of Appeals has held that a client may not convey his or her right to seek or waive attorney's fees for their counsel. This action began when Wilma Pony, the guardian of Paulette Pony, a minor, …
Article • December 15, 2007
Virginia Prisoner Has No Standing To Access Records Under State’s FOIA by Virginia Prisoner Has No Standing To Access Records Under State's FOIA A Fairfax County, Virginia, Circuit Court has denied a prisoner's petition for writ of mandamus seeking investigative reports under the Virginia Freedom of Information Act (FOIA), holding …
Article • October 15, 2007 • from PLN October, 2007
Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions by by John E. Dannenberg In an important denial-of-access-to-the-courts ruling, a U.S. District Court (S.D. Ohio) held that a juvenile ward who was denied access to the courts after suffering injury from an Ohio Department of Youth Services (ODYS) guard …
Article • September 15, 2007 • from PLN September, 2007
Nevada Psychological Review Panel Hearings Subjected to Open Meeting and Constitutional Due Process Requirements by Matthew Clarke by Matthew T.Clarke In two related cases, the Supreme Court of Nevada held that sex offender certification hearings held by the Nevada Psychological Review Panel (PRP) were subject to the Nevada open meeting …
Temporary Restraining Order Suspends California’s Sex Offenders’ Housing Banishment Law by John Dannenberg Temporary Restraining Order Suspends California's Sex Offenders? Housing Banishment Law by John E. Dannenberg The U.S.D.C. (N.D. Cal.) issued a Temporary Restraining Order (TRO) on November 8, 2006, the same day California voters approved state Proposition 83 …
Article • May 15, 2007
Limitations on Indigent Mail Reasonable, Paroled Prisoner's Interest Moot by The U.S. Court of Appeals for the Seventh Circuit held that, a prison's effort to balance a prisoner's right to indigent mail with budgetary considerations was valid and that one prisoner's interest in the case was moot due to his …
Prisoner Had Standing to Enforce Consent Decree by The Ninth Circuit Court of Appeals held 265 prisoners of the Arizona Department of Corrections have standing to enforce a 1973 consent decree even though none of those prisoners was a party to the 1973 suit. The court held that prisoners are …
Article • May 15, 2007
Third-Party Prisoners Have Standing to Enforce Consent Decree; ADOC Bound By Decree Until Modified by Third-Party Prisoners Have Standing to Enforce Consent Decree; ADOC Bound By Decree Until Modified The Ninth Circuit Court of Appeals held Arizona Prisoners not parties to a 1973 consent decree had standing to enforce that …
Article • May 15, 2007
Standard for Injunctive Relief Defined by The United States Supreme Court held that to have standing for injunctive relief a party must satisfy the threshold requirement imposed by Article III of the Federal Constitution by alleging an actual case or controversy." A plaintiff must show that he has sustained or …
Article • May 15, 2007
Second Circuit: Lack of Standing Invalidates Strip Search Ban by On January 20, 2004, the U.S. Second Circuit Court of Appeals held that a federal district court's order enjoining a New York county jail from performing unconstitutional strip searches was erroneous because the plaintiff lacked standing. In July 1995, attorney …
Injunctive Relief Reversed Due to Lack of Personal Stake by The U.S. Supreme Court reversed a judgment granting injunctive relief in a §1983 action against Philadelphia police. Respondents brought a §1983 action against Philadelphia officials, including the Mayor and the Police Commissioner, alleging a pervasive pattern of illegal and unconstitutional …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
Article • May 15, 2007
Filed under: Civil Procedure, Standing
Supreme Court Discusses Standing to Sue by The U.S. Supreme Court held that environmental groups (respondent) lacked sufficient standing to pursue their claim against Secretary of the Interior (petitioner). Section 7(a)(2) of the Endangered Species Act of 1973 directed petitioner to review the actions of federally funded agencies to ensure …
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