United States DC Circuit - October 2001 Opinion Summaries

FLYNN v. COMM'R OF INTERNAL REVENUE SERV.

Tax Law
Former employees do not have standing to bring an action in the Tax Court for a declaratory judgment to challenge a determination that their...

US v. SMITH

Criminal Law & Procedure, Sentencing
Where the sentencing guidelines require the court to determine whether it would have convict the defendant of a particular offense, in order to...

LUCAS v. US

Labor & Employment Law
Even though the District of Columbia Department of Corrections employees sometimes guard federal prisoners, the D.C. Comprehensive Merit Personnel...

STATE OF MICHIGAN v. ENVT'L PROT. AGENCY

Environmental Law, Indian Law
The Environmental Protection Agency's 1999 revisions to 40 CFR 71 invalid under the Clean Air Act in proposing to create and administer a federal...

CITIZENS AGAINST RAILS-TO-TRAILS v. SURFACE TRANSP. BD.

Environmental Law, Transportation
Nothing in the National Trails System Act, 16 USC 1247(d), suggests that Congress intended to require a second environmental assessment before...

WERTHEIMER v. FED. ELECTION COMM'N

Civil Procedure, Elections
Where voters have failed to show either that they are directly being deprived of any information or that the legal ruling they seek might lead to...

MEISTER v. MED. ENG'G CORP.

Injury & Tort Law
Where the defendants introduced scientific conclusions supported by a uniform body of evidence, the district court has the discretion to excise...

TRANS UNION CORP. v. FED. TRADE COMM'N

Constitutional Law
Because the targeted speech solely interests the speaker and its "specific business audience" and therefore concerns no public issue, the Fair Credit...

LANDMARK LEGAL FOUND. v. INTERNAL REVENUE SERV.

Civil Procedure, Tax Law
26 USC 6103, which provides that income tax "return information shall be confidential," provides a statutory exemption to IRS disclosure of documents...

PRIME SERV., INC. v. NAT'L LABOR RELATIONS BD.

Labor & Employment Law
Where a purchasing entity seeks a "seamless transition," hires twelve of the acquisition's seventeen employees, and continues doing business without...