Table of Contents LATEST SUMMARIES Health Law, Administrative Law, Government Benefits, Civil Procedure
• Keyser v. Commissioner Social Security Admin.
Class Actions, Administrative Law, Environmental Law, Indian Law, Water Law, Civil Procedure
• Pakootas v. Teck Cominco Metals, Ltd.
Immigration Law, Civil Procedure, Administrative Law, Civil Procedure, Immigration Law
• Ixcot v. Holder
Constitutional Law, Civil Rights, Criminal Law & Procedure, Civil Procedure, Labor & Employment Law, Class Actions
• McCollum v. CDCR
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LATEST SUMMARIES Health Law, Administrative Law, Government Benefits, Civil Procedure
Keyser v. Commissioner Social Security Admin., No. 10-35371
In a dispute arising from an application for disability insurance benefits and supplemental security income benefits, Titles II and XVI of the Social Security Act, judgment of the district court affirming denial of claim is reversed where administrative judge erred by failing to follow the procedures proscribed in 20 C.F.R. section 404.1520a. Read more... Class Actions, Administrative Law, Environmental Law, Indian Law, Water Law, Civil Procedure
Pakootas v. Teck Cominco Metals, Ltd., No. 08-35951
In a dispute involving a citizen suit jurisdiction under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), judgment of the district court denying defendant's motion to dismiss for lack of subject matter jurisdiction is affirmed because the action is not an extraterritorial application of CERCLA where, even though offending smelter was in located in Canada, slag discharged by smelter moved downstream into the United States. Read more...
Immigration Law, Civil Procedure, Administrative Law, Civil Procedure, Immigration Law
Ixcot v. Holder, No. 09-71597
In a petition for review of an order of the BIA involving the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 8 U.S.C. section 1231(a)(5), and the the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA), petition is granted in part and denied in part where application of the IIRIRA is impermissibly retroactive when applied to petitioner, and because the court lacks jurisdiction to review agency determinations of eligibility for special rule cancellation of removal under section 203 of the NACARA. Read more... Constitutional Law, Civil Rights, Criminal Law & Procedure, Civil Procedure, Labor & Employment Law, Class Actions
McCollum v. CDCR, No. 09-16404
In a quasi-constitutional challenge to defendant's paid chaplaincy program by a group of Wiccan inmates involving a claim of remuneration by a volunteer chaplain, judgment of the district court dismissing action is affirmed where: 1) lead plaintiff lacked standing; and 2) the court need not exercise jurisdiction over derivative claims. Read more...
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