Friday, April 8, 2011

FindLaw Government Relations Summaries - April 01-April 07, 2011

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Weekly Opinion Summaries
Government Relations Cases

April 01-07, 2011 FindLaw.com Weekly Government Relations Newsletter
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Government Relations Cases

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Government Relations Cases

United States Ninth Circuit, 04/04/2011
Zeinali v. Raytheon Co., No. 09-56283
In a labor and employment dispute involving a claim of discriminatory termination under the the FEHA, Cal. Gov. Code sectoin 12940 et seq, judgment of the district court dismissing claim for lack of subject matter jurisdiction is reversed where court had jurisdiction because plaintiff did not dispute the merits of an executive branch decision denying him security clearance, but instead, disputed the bona fides of a professed security clearance requirement while introducing evidence to satisfy his pleading burdens under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 (1973). Read more...

United States Ninth Circuit, 04/07/2011
Gardner v. US Bureau of Land Management, No. 09-35647
In action for declaratory and injunctive relief to compel the defendant to prohibit off-road vehicle use on a mountain trail under its care, summary judgment in favor of defendant is affirmed because the defendant was not required to make a finding that the use of off-road vehicle caused considerable adverse effects to trail and where denial of petition on the matter by defendant was not arbitrary and capricious. Read more...

United States Federal Circuit, 04/06/2011
Zhang v. U. S., No. 2010-5026
In a dispute involving whether plaintiffs are entitled to a refund of taxes paid under FICA, summary judgment in favor of the government is affirmed where the interpretation of section 606(b) of a Political Union covenant between the Northern Mariana Islands and the US to omit FICA employee tax will produce an absurd outcome. Read more...





California Court of Appeal, 04/04/2011
Newton-Enloe v. Horton, No. F060147
In an action to compel the Department of Public Health to prepare and submit to the Legislature a safe drinking water plan as required by Health and Safety Code section 116355, denial of a petition for a writ of mandate is reversed where trial court failed to determine, as a threshold matter, whether petitioner met the requirements of CCP section 1085. Read more...

California Court of Appeal, 04/05/2011
Santa Monica Baykeeper v. City of Malibu, No. B222776
In a dispute arising from a challenge to the adoption of an environmental impact report (report) and approval of a park project by defendant based on the report, judgment of trial court denying petition for a writ of mandate is affirmed where dispute regarding construction-related impacts is moot because project was completed during pendency of appeal and conclusions drawn by report are supported by substantial evidence. Read more...

Court of Appeals of New York, 04/05/2011
In the Matter of Robert Thomas Woods, No. 54
In an Article 78 dispute involving the scope of Military Law section 243(7) and the rights of a wait-listed civil service applicant who was on military duty when his name was reached for appointment as a New York City firefighter, judgment of the appellate court is reversed because section 243 (7) required respondent to place petitioner on a "special eligible list" from which he could be certified for appointment at the end of his military duty. Read more...

FindLaw includes summaries of all Supreme and Appellate Court slip opinions posted on the official Illinois Courts site. FindLaw summaries include opinions that have not yet been released for publication and may be subject to modification, correction or withdrawal. Check the Illinois Courts site to determine if a specific opinion has been released before relying on that case as precedent.


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